Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 113 CONGRESS, SECOND SESSION

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

Vol. 160 WASHINGTON, WEDNESDAY, NOVEMBER 19, 2014 No. 142 Senate The Senate met at 9:30 a.m. and was The PRESIDING OFFICER (Mr. MAR- SCHEDULE called to order by the President pro KEY). Mr. REID. Mr. President, following tempore (Mr. LEAHY). Without objection, it is so ordered. my remarks and those of the Repub- f lican leader, the Senate will be in a pe- Mr. REID. Mr. President, I further riod of morning business, with Sen- PRAYER ask unanimous consent that—we had ators allowed to speak for up to 10 min- The Chaplain, Dr. Barry C. Black, of- some nominations on which cloture utes each. The time from 1:00 p.m. to fered the following prayer: was filed last night—there be 2 minutes 2:00 p.m. will be under the control of Let us pray. for debate prior to each vote and that the Republicans, and the majority will Eternal God, we acknowledge today all rollcall votes after the first vote in control from 2:00 p.m. to 3:00 p.m. that without Your protection, we labor each sequence be 10 minutes in length; As a reminder, there will be an all- in vain. Give rest to the weary and joy further, with respect to the nomina- Senators briefing on ISIS at 4:30 p.m. to those who work for liberty. tions in this agreement, that if any this afternoon in the regular location. Lord, use our Senators to join You in nomination is confirmed, the motion to f bringing deliverance to captives and reconsider be considered made and laid sight to the morally and ethically upon the table and the President be im- LEGISLATIVE PROCESS blind. Grant that our lawmakers will mediately notified of the Senate’s ac- Mr. REID. Mr. President, I am glad focus more on donation than duration tion. that for a few minutes the President as You remind them of their account- pro tem is here in this body and pre- ability to You. May looking to You for The PRESIDING OFFICER. Without objection, it is so ordered. siding over the Senate. help become their first option. For years I have heard from Senate We pray in Your marvelous Name. Mr. REID. I now ask unanimous con- Republicans that they simply wanted Amen. sent that following the cloture vote on to do some legislating; they were tired f Executive Calendar No. 1034, the Sen- of being shut out of the legislative PLEDGE OF ALLEGIANCE ate consider Executive Calendar Nos. process; they were not able to debate 596, 699, 957, 1044, 1045, and 1056; that legislation and amendments. They The President pro tempore led the there be 2 minutes for debate equally have assured the American people they Pledge of Allegiance, as follows: divided between the two leaders or want to be wholly dedicated to open I pledge allegiance to the Flag of the their designees prior to each vote; that and robust debate on legislation on the United States of America, and to the Repub- lic for which it stands, one nation under God, upon the use or yielding back of time, Senate floor. indivisible, with liberty and justice for all. the Senate proceed to vote without in- Yesterday a bill that was bipartisan tervening action or debate on the in nature and came out under the aus- f nominations in the order listed; that pices of the chairman of the Judiciary RECOGNITION OF THE MAJORITY any rollcall votes following the first in Committee, after actually years of con- LEADER the series be 10 minutes in length; that sternation, debate, and work by so The PRESIDENT pro tempore. The if any nomination is confirmed, the many different people, came to the majority leader is recognized. motion to reconsider be considered floor. That was blocked yesterday, f made and laid upon the table with no blocked from even having a hearing intervening action or debate; that no here on the Senate floor. That is UNANIMOUS CONSENT AGREE- further motions be in order to the nom- wrong. This is a very important piece MENTS—EXECUTIVE CALENDAR ination; that any statements related to of legislation. It protects Americans’ Mr. REID. Mr. President, I ask unan- the nomination be printed in the rights to privacy without sacrificing imous consent that at 3:00 p.m. today, RECORD; that the President be imme- the U.S. intelligence community’s abil- the Senate proceed to executive session diately notified of the Senate’s action ity to gather information. and vote on cloture on Executive Cal- and the Senate then resume legislative I also say through the Chair to my endar Nos. 928, 930, 1032, 1033, 1034; fur- session. friend the President pro tem of the ther, that if cloture is invoked on any Senate that it does not matter if you of those nominations, that on Thurs- The PRESIDING OFFICER. Without agree with the statement I just made. day, November 20, at 2:00 p.m., all objection, it is so ordered. Maybe some people disagree with this postcloture time be expired and the Mr. REID. Mr. President, we expect legislation. Certainly there are people Senate proceed to vote on confirmation these nominations I just listed to be who disagree with it. But shouldn’t we of the nominations in the order above. confirmed by voice vote. at least be able to debate the issue here

∑ 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 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.000 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6108 CONGRESSIONAL RECORD — SENATE November 19, 2014 on the floor? Doesn’t legislation of this clear signal from the House of Rep- als, awards, and decorations, including magnitude merit the Senate’s consider- resentatives that if we had passed the the Army Commendation Medal, the ation? Yet yesterday we were shut USA FREEDOM Act of 2014 here in the Army Good Conduct Medal, the NATO down once again—this has been going Senate, they would have taken it up Medal, the Overseas Service Ribbon, on for years—before we even got start- and passed it. We would be enacting the Global War on Terrorism Service ed. They would not even let the Senate legislation that would improve not Medal, the Afghanistan Campaign debate this very important piece of leg- only the security of Americans, but Medal, and the Expert Marksmanship islation. We were ready to legislate in also the privacy and individual lib- Badge. good faith. We have been ready to leg- erties of Americans. And we would not Josh’s life may have been tragically islate for the last 4 years. We have been do it under a deadline. So it was unfor- cut short, but it was full of promise. He prevented numerous times from doing tunate last night that there was a par- excelled as a student. He scored a 34 that. tisan effort to stop it. There was some out of 36 on the ACT standardized test The Republican leader and his caucus of the worst fear-mongering I have in high school, putting his score in the will have to do more than just pay lip- heard on this floor in 40 years. But I 99th percentile. Friends and teachers service to an open, bipartisan legisla- say this as more of a way to thank the from Johnson Central High School, tive process. At some point they must distinguished majority leader for his where Josh graduated in 2011, remem- practice what they preach. Maybe that steadfast support. ber how very bright he was. will be the case come January. Mr. REID. Mr. President, the reason I ‘‘Josh was a very high-end student. Last night, just after the vote on feel—and I have made my remarks re- He was an amazing kid,’’ says John Keystone, I heard the Republican lead- garding the Senator from Vermont. Robinson, one of Josh’s teachers. ‘‘He er say he will bring this same legisla- There has been no one in modern his- was very super-smart. He was always tion to the Senate floor early next tory who has done more to protect the looking something up. He always had year. So we look forward to coming to civil liberties of people than the senior this thirst for knowledge—computers, the floor early next year. I would hope Senator from Vermont. This legisla- math, science and technology. He was we can have an open amendment proc- tion was drafted toward that effect, to always more than willing to do work. ess and ample debate on that legisla- make sure we were able to do the nec- He often came to me with questions— tion that the Republican leader for essary work for this country as it re- or answers.’’ months on record has wholeheartedly lates to what was in this bill but also Josh’s fascination with computers endorsed. to protect the liberties of Americans. led him to salvage an old, massive IBM I feel very bad that the chairman of I have such admiration for my friend server that he brought to school to tin- our Judiciary Committee has worked from Vermont, for his work on land- ker with. John Robinson remembers so hard during the time—when we were mines. At the time he started the con- the unit was so heavy it should have in recess, we talked several times versation on landmines, he was it, but required two people to carry it. John about the importance of this legisla- of course there are now people all over said: tion and how we were going to try to the world who are following his lead on He was carrying it around like it was noth- move it forward. We determined yes- the maiming, people who have been ing. He left it here. I still have it. terday we are not going to move for- killed, thousands of people. Thousands Josh was known around school for ward even without a debate or a vote of people, as we speak, are still being carrying something else around—Mr. on anything. That is really too bad. killed by landmines from wars past. So Waddles, his stuffed penguin and con- f the fact that we were not able to get to stant companion. Though Josh carried this legislation does not in any way the stuffed penguin at first for laughs, RESERVATION OF LEADER TIME take away from the legacy of this good it soon became his trademark. As Tim The PRESIDING OFFICER. Under man who has done so much to protect Adams, district director of operations the previous order, the leadership time the individual liberties of the people in for Johnson County Schools, said: is reserved. Vermont and across the country. He took Mr. Waddles everywhere with him. Mr. LEAHY. I suggest the absence of It started out as a joke, but then it just f a quorum. caught on. Mr. Waddles became part of the MORNING BUSINESS The PRESIDING OFFICER. The class. The PRESIDING OFFICER. Under clerk will call the roll. Joshua participated on the Johnson the previous order, the Senate will be The assistant legislative clerk pro- Central High School academic team in a period of morning business, with ceeded to call the roll. and the SkillsUSA team. Popular with Senators permitted to speak therein Mr. MCCONNELL. I ask unanimous his classmates, he was also named for up to 10 minutes each. consent that the order for the quorum prom king and voted ‘‘Most Unforget- THE PRESIDING OFFICER. The call be rescinded. table’’ by his senior class. Lindsey Patrick, a classmate of Josh- Senator from Vermont. The PRESIDING OFFICER. Without objection, it is so ordered. ua’s, stated: f f He could have done anything with his life, USA FREEDOM ACT he was one of the most brilliant people I’ve RECOGNITION OF THE MINORITY ever met, and [service] is what he chose to do Mr. LEAHY. Mr. President, I appre- LEADER and give his life. That is why he is so unfor- ciate the kind words of the majority gettable. THE PRESIDING OFFICER. The Re- leader. He and I have been friends for Josh was also musically gifted as publican leader is recognized. decades. He worked with me and was in well. Angie Carriere, his former music touch with me throughout the recent f teacher, remembers Josh’s musical tal- effort on the NSA reform bill, the USA HONORING OUR ARMED FORCES ent: FREEDOM Act of 2014. He knew we had He was in my violin/fiddle class. He never cosponsors, Republicans and Demo- PRIVATE FIRST CLASS JOSHUA A. GRAY wanted to learn to read music, instead he in- crats, from across the political spec- Mr. MCCONNELL. Mr. President, I sisted on playing music ‘by ear.’ Actually, he trum. This was an effort to do what rise this morning to celebrate the life never really needed the [sheet] music; he was best for America and do it at a and mourn the loss of a soldier from could just listen to the song and play it. time when we would not be under ur- Kentucky who died while serving in Josh joined the Army in November of gent deadlines. Several of the authori- uniform. PFC Joshua Gray of Van 2012. He completed training at Fort ties we were trying to amend expire on Lear, KY, lost his life on February 10, Jackson, SC, and was assigned to Head- June 1 of next year. 2014, at Bagram Airfield, Afghanistan, quarters and Headquarters Battalion, We had a piece of legislation that from a noncombat-related incident. 10th Mountain Division, based out of began in the House of Representatives Private First Class Gray was 21 years Fort Drum, NY, as a satellite commu- by a Republican chairman. We added to old. For his service in uniform, Private nications system operator and main- the bill in the Senate. There was a very First Class Gray received several med- tainer. He deployed to Afghanistan in

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.011 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6109 support of Operation Enduring Free- energy potential, the American people challenged. When the SBA thinks the dom in January of 2014. say yes. If we ask about lower utility EPA is off target, and that was Joshua’s funeral was held at Johnson bills or dependably payable utility empaneled sometime before a rule was County Middle School. He was buried bills, the American people say yes. If laid down—a proposed regulation was with full military honors at Highland we ask about price at the pump, the laid down—we wonder, why not? Why Memorial Park in Staffordsville, John- American people say yes. wouldn’t we be managing this discus- son County. But beyond that, if somebody is sion in a better way? Why wouldn’t we We are thinking of Josh’s family as I thinking about a manufacturing job or be moving the country forward in a recount his story for my Senate col- any other job as a job creator, if they better way? leagues, including his parents Seth have that utility bill they can pay, if Ignoring the voters is an incredible William Gray and Robin Rena Gray, they have the delivery system they can tragedy in a democracy. Ignoring the his brother Dustin Mollett, his sister rely on, the country is much more like- law is an even more incredible tragedy Delaney Mollett, his maternal grand- ly to make things again, the country is in a constitutional democracy. parents Andy and Kathleen Price, his much more likely to compete, and the According to reports, the President is paternal grandmother, Irene Gray, and American people understand that. considering two requirements deciding many other beloved family members Even if we ask specifically about this on the 11 million people who are here and friends. one small part of that puzzle—the Key- without documents who either came il- PFC Joshua A. Gray was truly a tal- stone Pipeline—the American people legally or stayed illegally and what to ented and bright young man who could say yes. Six years is enough. The State do about that. The President is looking have done many things. The fact that Department has evaluated this over at the length of time as a qualifier. No- he chose to serve his country in the and over again under two different Sec- where in the law is that a qualifier. U.S. Army is a testament to his char- retaries of State. Both times they have The President is looking at the ties acter and his patriotism. I hope the said there is no problem moving for- people might have to others in the family of Private First Class Gray ward with this. I was disappointed that country. These requirements, depend- knows that we in the Senate honor his we didn’t. ing on how broadly they are drawn, choice to serve and we are grateful for Even the White House suggesting could wind up with the President’s an- his sacrifice. they would veto that if it was sent to nouncement as early as Friday, leaving I suggest the absence of a quorum. them seems to continue to indicate to another 5 million people in the country The PRESIDING OFFICER. The me that nobody is listening to what in a status I don’t quite understand and clerk will call the roll. the people we all work for are saying. they will not either. The assistant legislative clerk pro- The President said he wasn’t on the When someone is here based on an ceeded to call the roll. ballot but his policies were. If his poli- Executive order, that is totally depend- Mr. BLUNT. Mr. President, I ask cies were on the ballot, as he said they ent on one thing: Who is the Execu- unanimous consent that the order for were, those policies were widely re- tive? the quorum call be rescinded. jected—not just to change next year in When someone is here based on the The PRESIDING OFFICER. Without the body we get to serve in here, but law, that is very dependent on every- objection, it is so ordered. also two-thirds of the legislative thing having to come together that f Houses in the country are no longer changes the law before their status will run by the President’s party, and 60 change. KEYSTONE PIPELINE AND percent-plus of the Governors are no Why would we put people in that ENFORCING THE LAW longer run by the President’s party. kind of jeopardy? Why would we send Mr. BLUNT. Mr. President, it is good People are trying to send a message. that kind of mixed message? to be here. It would be a good idea if the White After legislation overhauling the im- I was disappointed yesterday to see House would get on the receive and migration process died in the Congress, that we weren’t able to move forward begin to figure out what that message the President said he is going to act on on the Keystone Pipeline. It has be- is and what is wrong with those poli- his own. I can’t find that part of the come symbolic in many ways of wheth- cies that the American people don’t Constitution which allows that to hap- er we are willing to embrace the oppor- like. I don’t think it is because they pen. In fact, in statements made more tunities of more American energy. don’t understand them. I know there than one time, he couldn’t find it ei- The American people clearly have a would be one sense probably most ther—statements made more than one sense that it is to their advantage for closely held at the White House: If they time where the President said: I can’t us to take advantage of those opportu- just understood what we were trying to do this on my own. We are a nation of nities, for us to deal with not only our do, they would be for what we are try- laws. That is his observation about who own economy, with the energy we can ing to do. we are, not my observation about who produce but even with our next-door I think it is not that way, even we are. neighbors. Canada is our greatest trad- though the President might like to I know there will be people on this ing partner, and Mexico continues to think it would be. In fact, the clear side of the Capitol Building who will play a bigger and bigger role as a trad- message is that people are concerned say: We sent something over there, I ing partner—I think now No. 4 and No. about costly energy policies, they are didn’t vote for it, but it doesn’t mean I 5 of all the countries in the world we concerned about the President’s recent am not aware that it was sent to the have economic exchanges with—but overreach on a topic we wouldn’t even House. But the House sent a bill over friendly neighbors in North America think people would have engaged on, here too. Apparently both the House that can produce energy in ways that but they have: net neutrality, where and the Senate are so far from where meet every logical standard. even the Chairman of the FCC, nomi- the other side is that neither is willing I heard some discussions about the nated by the President and confirmed to take up the other bill. pipeline, that once this is built, even by this Senate—even the Chairman of But that is the Constitution. The though it may create tens of thousands the FCC said: I think the President is Constitution is designed so that when of jobs in building the pipeline, it will headed in the wrong direction there, we change law, we do that in a fairly only take three dozen or so people to and we need to do something different cumbersome way, but that has served run the pipeline. Of course that is than that. our country pretty well for a long right; it is a pipeline. It is an efficient, The SBA recently called on the EPA time, and it is not up to the President safe way to transport the energy we to withdraw one of their proposals and to decide that can be suspended on a need. But I think it is important to un- try again because it had too much neg- topic he thinks is important and a derstand that just the jobs to run the ative impact on the economy. topic he in fact has previously said he pipeline have nothing to do in many I can’t think of a similar situation couldn’t do on his own. ways with the job potential that is cre- ever, where an administration finds As he was talking about this the last ated when we embrace the energy po- itself so often in conflict even with several months, not just Republicans tential we have. If we ask about that itself, even having the administration but Republicans and Democrats—and I

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.052 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6110 CONGRESSIONAL RECORD — SENATE November 19, 2014 will admit particularly Democrats in Americans are appropriately con- U.S. Navy and U.S. Naval Reserves, 10 close races around the country—said cerned the government is just too will- years in the House of Representatives, the President was overstepping his au- ing to overreach and at the same time and 30 years here in the U.S. Senate. thority; the President is putting people unbelievably dysfunctional, whether it Now, I think anybody looking at that in jeopardy of not knowing whether is kids at the border or a Secret Serv- would say that is a remarkable and dis- they are here on some kind of basis ice that can’t keep people out of the tinguished record of public service. that nobody has quite defined or quite White House or how we deal with After 40 years of representing Iowans understands even after he acts. Ebola. in Congress, my friend TOM soon will Recently, a union representing thou- We have a Centers for Disease Con- leave behind the Halls of the U.S. Cap- sands of Federal immigration officers trol and Prevention, and when we have itol. He also will leave behind a legacy raised an alarm that the U.S. Govern- a disease control problem we have to of fiery floor speeches, passionately de- ment had ordered supplies to create put somebody else in charge. What is livered on behalf of individuals with millions of blank work permits and wrong with that? disabilities, also for Iowa farmers, also green cards. According to reports fol- That is why I introduced the EN- for the elderly, also for child laborers, lowing that union report, the new Fed- FORCE the Law Act in March, a bill and for many causes that he cham- eral contract proposal for Homeland that would allow Congress to authorize pioned such as early childhood edu- Security would allow the government a legal case to be brought against a cation, nutrition and wellness, con- to buy enough supplies to make as President if he fails to uphold the law servation, renewable energy and the many as 34 million immigrant work as written. environment, and probably lots of oth- permits and residency cards over the This bill would restore the system of ers. But those are things everybody next 5 years. checks and balances reiterated in the knows that he has worked hard on. We issue immigrant work permits all Constitution. The ENFORCE the Law Throughout the years TOM and I have the time but not at the level that is Act removes the procedural barriers served side-by-side in Washington for being talked about here. Nobody has and then would allow the House or Sen- the good of our home State. For three contended, by the way, that we just got ate or both together to jointly adopt terms we worked together in the U.S. a particularly good opportunity to buy the resolution that just says we don’t House of Representatives. It was here a lot of card stock. I haven’t heard that believe the law is being enforced. in the Senate our shared commitment given as the reason. There is a set of regulations out now to give rural America a voice at the So these people who work with that on the Clean Water Act which did au- policymaking table was sown, and for every day are saying: What is going on thorize the Federal Government, the many years we worked together on the here? The President of the National EPA, to monitor and have some au- Senate agriculture committee, looking Citizenship and Immigration Services thority over the navigable waters of out for the millions of Americans who Council—the union representing 12,000 the United States. I don’t have any choose to work and earn a living in immigration service agents—called re- doubt that in the 1970s when that hap- rural America. We worked together to ports about planned Executive action pened, people thought navigable waters advocate for rural infrastructure and dangerous, people who deal with this meant the same thing they thought investment, access to health care, every day—his words—said it would in- navigable waters meant when it was housing, technology, and transpor- crease exponentially the health risks, first put into Federal law in the 1880s. tation. For the last three decades we have the threats to national security, and Suddenly, navigable waters in the new served alongside one another in this expense to taxpayers that he said are rule means any water anywhere that distinguished body, the U.S. Senate, an on the rise because of lax enforcement could ever become part of water that institution that both of us hold near of immigration laws already. could become part of water that could and dear to our hearts. Although some Article II, section 3 of the Constitu- become navigable. This is a case that of our silver-tongued critics over the tion declares that the President ‘‘shall can easily be litigated sooner rather years may have ascribed TOM’S views take Care that the Laws be faithfully than later, long before people try to as those of a bleeding-heart liberal or executed.’’ comply with an area where the Federal mine mischaracterized as that of a Simply put, these constitutional re- Government will turn out not to have cold-hearted conservative, we both, quirements are just that. They are re- control, as they did in a number of TOM and I, know that our hearts have quirements the President shall take areas this year. So I hope we will look always been in the right place. care that the laws are faithfully exe- at that again. The House has passed it Neither of us was born with a silver cuted, to execute the acts of the Con- in a bipartisan manner. The Congress spoon in our mouth and we learned gress, to enforce the law as written. should be concerned about enforcing early on to appreciate the work ethic Signed into law by some President and the law as written. As the Constitution of our parents and grandparents. Each never changed by the current President says, both the Members of the Congress of us raised our families with the hopes would indicate that is what the law is and the President of the United States that our children and grandchildren and the President is supposed to en- should be concerned about enforcing would achieve the promise of Amer- force the law. the law as written. ica’s prosperity and grow up to enjoy Yet President Obama continues to I thank the Presiding Officer for the the pursuits of happiness. refuse in this and other areas to show time and yield the floor. As Iowa’s U.S. Senators, we have a willingness to try to convince the The PRESIDING OFFICER. The Sen- worked to keep alive the dream of Congress to change the law rather than ator from Iowa. hard-working Iowan families. assume: If the Congress doesn’t do this, f Now of course it is true that we have I will. vastly different views on the govern- TRIBUTE TO SENATOR TOM As I said earlier, and will say again, ment’s influence on America’s ladder HARKIN I am still trying to find that phrase in of opportunity. However, we do whole- the Constitution that says: If the Con- Mr. GRASSLEY. Mr. President, I rise heartedly agree it is an honor and a gress doesn’t do this, the President today to celebrate the 75th birthday of privilege to serve the people of our can. Whether it is issuing waivers to my friend and longtime colleague from State. For some reason our respective States from the work requirements our home State of Iowa, Senator TOM reelections every 6 years have actually contained in the bipartisan Welfare Re- HARKIN. confounded political observers. Many form Act of 1996 or announcing another As the Presiding Officer knows, Sen- couldn’t seem to square the notion change in the President’s health care ator HARKIN will be retiring from pub- that Iowans would continue to elect law—and I have lost count of how lic office in a few weeks. At the end of two U.S. Senators from opposite sides many changes on his own the President the 113th Congress, Senator HARKIN of the political spectrum for the last has had the administration do—they will then close a chapter on public three decades. continue to look for ways to cir- service that spans more than a half So to explain—or perhaps I don’t cumvent what the law says: a nation of century, including four decades in Con- have to because it is widely under- laws, respect for the laws. gress. He also served 27 years in the stood—Iowans are not casual political

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.054 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6111 observers. Our electorate takes pride in time—six House seats all went Demo- and I find liberals and I may have a retail politicking and it is first in the cratic except one, and that was the more conservative view of something Nation’s political caucuses. We cer- seat that CHUCK GRASSLEY won that else. So the people of Iowa, as my tainly have given Iowan voters a night- year, bucking the trend—the tide—in friend has said, think a lot about these and-day choice between these two U.S. 1974. things, and they take these things into Senators. So while we may not see eye- So it is kind of a funny thing, consideration. to-eye on politics and ideology, we do CHUCK,—I speak to my friend across My friend has said, well, a lot of peo- see eye-to-eye when it comes to work- the aisle here—that a lot of times people say how can Iowans elect someone ing for Iowa’s best interests. Although ple, this year, have said, ‘‘All you Wa- who is conservative and someone who our voting records may reflect night- tergate babies are gone now, you and is liberal. I think that is because there and-day positions on some public pol- MAX BAUCUS, and CHRIS DODD and on are common strains of that wave itself icy, you wouldn’t see the light of day the House side GEORGE MILLER and to the people of Iowa in so many ways between us when we worked together HENRY WAXMAN. So this is the last of where there is a cross of conflicts of on matters that are of most impor- the Watergate babies.’’ maybe a conservative approach and a tance to Iowans, including but not lim- I said, ‘‘No, there is one left.’’ liberal approach. ited to natural disasters such as the ‘‘Well, who is that,’’ they say. I say to my friend, I value his friend- tremendous floods of 1993 and 2008, I say, ‘‘It is a Republican.’’ ship and his counsel through all these Iowa farmers and agriculture, notably ‘‘A Republican? Who is that?’’ years, even though, again, as my friend recovering from the farm crisis. Re- I say, ‘‘My colleague from Iowa, said, we approach things maybe from a newable energy and rural infrastruc- CHUCK GRASSLEY, is sort of, shall I say, different philosophical standpoint. ture have been our mutual interest. We the last man standing from that class That is fine. That is okay. But we have have also enjoyed welcoming economic of 1974.’’ never let a disagreement on philosophy development leaders and constituents Again, it is a tribute to Senator ever be the last word between us or the to the Nation’s Capital. GRASSLEY that through all these years final word or anything like that. It is Between the famous Siouxland steak he has won the hearts and minds of the always, well, that is that. What is dinner in Washington and the Harkin people of Iowa, been elected and re- next? And the one thing I really appre- steak fry in Indianola, there is no elected. Of course he came to the Sen- ciate that my friend said is that when doubt TOM will miss staking out ate before I did. He came in 1981 and I it comes to Iowa, you don’t find any Iowans to discuss politics and policy. came in 1984. So I like to think we at daylight when it comes to a disaster on However, I have no doubt my home least share in common bucking the what we can do for Iowa and Iowans. State colleague will continue to cham- trend a little bit—the tide—because in We have had a wonderful relationship pion the causes for which he has de- 1984 someone said, ‘‘Harkin ought to through all these years and it is one voted a lifetime of service. In fact, I run for the Senate in 1984 because there that I have cherished very much. have read in news media about his re- will be a big Democratic landslide,’’ I heard my friend, in making some tirement of what he intends to pursue, and so I ran. The tide was just the op- notes, say that sometimes they say he and so I have no doubt he is going to posite. There was a Reagan landslide is a cold-hearted conservative and I am pursue out of the Senate what he has here. But I was fortunate enough to a bleeding-heart liberal. I am going to pursued in the Senate. win the election. So I think the two of set the record straight. He is not a To his credit, my colleague’s legacy us share the bucking of the tide, so to cold-hearted conservative, he is a car- reflects the priorities he set out to speak, getting into office when we ran. ing conservative. He cares deeply about achieve decades ago, to make a dif- But it has been a great association all people. He cares deeply about the peo- ference for those on the downside of ad- these years. ple of Iowa, too. And I hope I am not a vantage. As I stand here today on my 75th bleeding-heart liberal. I hope I am a My wife Barbara and this Senator ex- birthday, I guess when you are this liberal who believes in individual re- tend our warmest wishes to TOM and age, I think I have two kinds of emo- sponsibility—individual responsibility. his wife Ruth, and of course to the en- tions. One, I wonder where the heck did My friend has been a very caring con- tire Harkin family, as he starts life’s all the years go and how did they go by servative through all these years. I next chapter. I see my colleague on the so fast. And sometimes I say, gosh, think together we have achieved im- floor, so I can look at him. sometimes I wish I could turn the portant things for our State: economic As you start life’s next chapter, may clock back and do it all again. The development, rural development, agri- you enjoy the blessings of hearth and other emotion is sort of my Irish side culture, energy, all these things we home, health and happiness. Although of me. The Irish have a saying that any worked together on for Iowa. I am TOM is retiring from public office, I am time you are on this side of the grass is proud of the fact that in Iowa right confident he is not retiring from serv- a good day. So I am sure happy that I now with regard to energy production, ing the public interest. From one con- made it this far. 25 percent of our energy comes from stituent to another, I thank you for I again want to say that since the wind energy in Iowa. We produce the your lifetime of public service and I time we took our oath of office on Jan- blades and turbines and everything in wish you good luck and Godspeed. uary 4, 1975, we have served together Iowa and all the jobs there. That is I yield the floor. both in the House and in the Senate. A something we have worked together on The PRESIDING OFFICER. The Sen- lot of the time we were on the same through all these years. ator from Iowa. committee, the agriculture committee, Again, people have asked me why I f working on a lot of different agri- am leaving the Senate. Well, it was my culture bills. I remember back in the decision. At the time—almost 2 years A GREAT ASSOCIATION 1980s working on the credit bill at that ago—I said, you will never hear me Mr. HARKIN. Mr. President, first let time when so many farmers were un- ever say bad things about the Senate me thank my friend and colleague for derwater. As the Senator said, it has or denounce the Senate or say terrible his lifetime characteristic which is been a great honor and a privilege to things. I love the Senate. This is a being very gracious and very generous represent the people of Iowa. wonderful institution. Yes, we hit a few in his remarks. As he mentioned, we belong to dif- bumps in the road once in a while, but CHUCK GRASSLEY and I have served ferent parties, we have different phi- that is to be expected in a legislative together since 1974. I like to tell people losophies of approach in government, process that represents 300 million peo- that in 1974, that was a big wave of but I like to think we share a common- ple in this country. But working to- Democrats who came in. They called us sense Iowa way of looking at the world. gether you form friendships and alli- the Watergate babies. We came in a big We are not monolithic out in Iowa. We ances. wave, won a lot of elections. In fact in are not all one philosophy or all the I have often said that as a progres- Iowa that year they elected a Demo- other philosophy. Sometimes I find sive, I want to go this far this fast and cratic U.S. Senator and every House very conservative friends of mine and I the conservatives want to go this far seat—I think there were six at that may have a liberal view of one thing this slow, but by working together, you

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.056 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6112 CONGRESSIONAL RECORD — SENATE November 19, 2014 can make progress. You can make strengthened. This Thanksgiving, I am hopeful that Congress will con- progress, and that is what I think both many children will celebrate with their tinue to look for ways to improve the Senator GRASSLEY and I have worked new families and not have to worry foster care system and promote adop- on together. We try to make progress, about their next placement or their tions. I am glad Congress worked to especially for the people of Iowa. next meal. And this month, we give enact a bill this year to renew the I thank the Senator for his kind thanks to the men and women who adoption incentives program and to do words. I know we are not supposed to make their dreams come true. more to screen and help foster youth say this on the Senate floor; we are al- Since the first National Adoption who may be trafficked. We must con- ways supposed to speak in the third Day in 2000, nearly 50,000 children have tinually examine how the system is person. But I never wanted to follow all joined ‘‘forever families’’ during Na- treating youth and whether the poli- of the rules anyway. So I wish to speak tional Adoption Day. In 2013 alone, cies in place are strengthening fami- directly and say: Thank you very adoptions for 4,500 children were final- lies. much, CHUCK GRASSLEY, for your ized through 400 National Adoption There are many youth who will cele- friendship, your counsel, and for work- Day events across the country. brate this holiday season without a ing together through all these years. I These are impressive numbers—num- permanent family. Hopefully, our cele- will miss that relationship—working bers that make us proud of the work bration of National Adoption Month on the Senate floor. being done to help children in foster will raise awareness of the issues they I will be in Iowa. I will be working care find loving families. But there is face and the need to find them a mom with the Harkin Institute at Drake always more work to be done. and a dad. We need to keep working to- University. I will be spending a lot of Today, there are over 102,000 children gether to break down the barriers to time on the disability policies and ad- in the foster care system. Iowa alone adoption. vancing the cause of people with dis- has over 6,200 children in foster care, So today, I thank all those who have abilities in some way, shape or form. I many of whom are waiting for a loving adopted or who have fostered children don’t know how but in some way. It is family to adopt them. who needed it, and I thank the many a nonpartisan institute, and we have a There are so many issues facing fos- individuals and organizations that great board of directors. The former ter youth—in addition to being torn work to make permanency possible for chair of the Iowa Republican Party is apart from their families. They face se- children. I know many dreams will on the board of the Harkin Institute, rious trauma. They are likely to be come true this Saturday, and I wish and I want to keep it nonpartisan. treated differently and don’t get to do the very best to the youth as they I ask that my friend come and the same activities as other kids. They begin their journey with their new speak—and perhaps lead a discussion at transition from home to home and families. some time—at the institute at Drake school to school. They don’t know nor- I yield the floor and suggest the ab- University. I would be honored if my malcy, and they may never know per- sence of a quorum. friend would do that sometime down manency. And, after years of chal- The legislative clerk proceeded to the road. I don’t know when, but some- lenges, some are forced to transition to call the roll. time when we can work it out. I know adulthood on their own. Unfortunately, The PRESIDING OFFICER. The Sen- my friend will be well received, and I each year over 23,000 youth age out of ator from Minnesota. think the young people at Drake need care in the U.S. Ms. KLOBUCHAR. Mr. President, I to hear the conservative side of the Too many older children in foster ask unanimous consent that the order story as well as the liberal side of the care, especially those with special for the quorum call be rescinded. story. They need to have that kind of needs, are often the ones who wait the The PRESIDING OFFICER. Without input. I hope we can work it out. longest to leave foster care. Foster objection, it is so ordered. I say again that I know in the future youth simply desire to have what so f my friend and his wonderful wife Bar- many of us were blessed to have—a NATIONAL ADOPTION MONTH bara, a great and wonderful person, and home with caring, loving parents and Ruth and I will maintain friendships siblings. These kids are less likely than Ms. KLOBUCHAR. Mr. President, I and our connections as we move into younger children to find ‘‘forever rise in recognition of National Adop- the future. If there is any way we can homes.’’ tion Month, and I know our great col- work together for the benefit of That is why I helped form the Senate league Senator LANDRIEU will be here Iowans, just let me know, and I will be Caucus on Foster Youth. I wanted to to also address this important month. glad to be the Senator’s lieutenant in draw attention to the challenges that She has been such a great leader in the field out there in Iowa sometime. older foster youth face. The caucus has fighting for this cause. She has lit- Again, I thank my friend so much for allowed congressional leaders to be- erally gone to Guatemala to make sure so many years of counsel and friend- come more aware of the issues faced by that children who are awaiting loving ship and working together. Thank you, young people and families who are in- homes in our country get to come to CHUCK. volved in the foster care system. those homes. She literally knows the I yield the floor. The caucus cannot function without names of those kids and is hands-on Mr. GRASSLEY. I thank my col- the input and insight from foster every step of the way and has been the league for his kind remarks and for youth. These children are the experts leader in Congress. being here and for serving the people of on the foster care system. They tell us She established the Congressional Iowa. what works or what needs to change. Coalition on Adoption, which has Mr. President, I wish to take 4 more They share their experiences and pro- brought together Senators and Mem- minutes to speak on another subject. vide us with real world stories about bers of Congress on behalf of children The PRESIDING OFFICER (Mr. how our policies truly affect them. who need loving homes and families COONS). Is there objection? The caucus and the youth who share who want to welcome them home. We Without objection, it is so ordered. their experiences remind us that no are very pleased with her leadership. f child is unadoptable. No child should Senator LANDRIEU is joining us right be without a mom and dad, and we now, and I will be able to flip it over to NATIONAL ADOPTION DAY must remember that foster care should my friend at any time it is appropriate. Mr. GRASSLEY. Mr. President, on be a layover, not a destination. But I do wish to speak about National Saturday, many children and families November is National Adoption Adoption Month. It is especially impor- around the country will celebrate Na- Month, a time to raise national aware- tant in my home State of Minnesota. tional Adoption Day. It’s a day that ness of adoption and celebrate families, Many people don’t know this, but many adoptions are finalized and youth advocates, and volunteers involved in Minnesota actually has the highest find their forever families. adoption. It’s also a time to devote rate of international adoptions in the It’s very comforting and fitting that more attention to policies and prac- country. Minnesota families have this day helps kick off the holiday sea- tices that protect the safety and well- opened their homes and their hearts to son. Families will be formed and being for all children. children from all over the world—from

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.058 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6113 Vietnam to Guatemala to Nepal to the Philippines who had first lost their voted themselves to looking out for Haiti. father, and their mother kept them to- these kids who have no one else to look I have had the opportunity to witness gether, and then their mother died, and out for them. the power of adoption firsthand. Before it was the two oldest children who held I yield the floor. being elected to the Senate, I spent 8 those kids together. When they turned The PRESIDING OFFICER. The Sen- years as Hennepin County attorney, 16 and 17, they couldn’t be adopted. The ator from Louisiana. the largest county in Minnesota. We Makorises of Cambridge, MN, had to Ms. LANDRIEU. Mr. President, yes- had jurisdiction over foster care and make a decision: Were they going to terday we had a very different topic— adoption. I actually worked to speed up strand those two kids who held the the Keystone XL Pipeline—on the floor those adoptions. I remember saying we family together, leave them in the of the Senate. That fight is over for need to eliminate this delay and reduce Philippines, and take the other chil- now, but the fight for adoption, foster the time it takes for a child who has dren? It was like Sophie’s choice. That care children, and all children in the been going from foster care home to was their choice. world who are in desperate need of par- foster care home in half, and we were They decided there was a better way. ents to love them and to nurture them able to do that because people under- They came to Congress. I led the bill in goes on. stood the need for children to have a the Senate with the help of Senator I could not be surrounded with a bet- permanent home. LANDRIEU, Senator SESSIONS, Senator ter team than Senator GRASSLEY, who I know Senator LANDRIEU is here INHOFE, as well as House Members, and has been fighting for this in the Senate right now and has a busy schedule, and we were able to pass a bill that allowed since before I arrived—and 18 years ago I will turn it over to her as soon as I kids who had reached an age where when I got here, I quickly joined with finish. they were not legally allowed to be him to continue the fight—and then In the United States, nearly 400,000 adopted, to be adopted if a younger sib- AMY KLOBUCHAR joined us a few years children are living without permanent ling had been adopted. That means ago and has become an extraordinary, families in the foster care system. Over that retroactively, thanks to the work effective, and willing soldier to go to 100,000 of these children are eligible for of Senator LANDRIEU, 10 million chil- the frontlines of this battle. I can’t adoption, but too many of them will dren all across the world were allowed thank the Senator from Minnesota wait for years and years to be adopted. to be adopted into loving families. And enough. She brings tremendous experi- Some will not be adopted at all. how fun was it to be in the Makorises’ ence as a former prosecutor, which I Last night I attended an event called living room and see all nine children, didn’t have and I don’t think Senator Kidsave. It is about children who are like some Minnesota version of ‘‘The GRASSLEY had, and she really under- older and in other countries. This Sound of Music,’’ with a place for all of stands the inner workings of the court group has actually set up an incredible their winter boots and their coats. systems in a way that has brought a system where the kids come to our They came from the Philippines in the lot of value to our coalition. country for a few weeks and many of middle of the winter to Minnesota; yet In addition, as she said, we are so them end up being adopted. As the kids they were still as happy and as warm proud of Minnesota as the State in our get older, it becomes harder and harder as can be because now they have par- Union that has the highest per capita for them to become adopted. ents who love them. rate of international adoptions. So the Senator LANDRIEU and I are aware The Senator from Maine understands leaders in Minnesota of all political that as some of these countries, such how important adoption is because it parties and stripes as well as the faith- as Russia, completely close their doors has touched his own family. This has based community really understand to adoption, there will actually be touched every Member of the Senate. this issue and have stood up time and more and more children who are older As we focus on National Adoption time again. I wish to recognize Min- that will need to be adopted. We hope Month, we have to continue to look at nesota’s leadership and particularly the system changes and they do even- policies and changes we can make to Senator KLOBUCHAR. tually open up their doors. our laws to make them better. We This month is November. It is a great Around the world it is estimated that passed that law to allow those older month. It is Thanksgiving month. We nearly 18 million orphans who have siblings to be adopted. We passed a law give thanks for so many things in our lost parents are living in orphanages or to allow vaccinations to be allowed in country. It is a wonderful celebration— are on the streets and lack the care our country to make sure they are safe I think in some ways even better than and attention required for healthy de- and that they are actually done. But Christmas because we are not so much velopment. As a nation, we must open there is more work to do with these focused on gifts; we are focused on real- our arms to these children. Just last intercountry adoptions, and I can ly understanding the blessings we have night at this event, I had the oppor- think of no one better to lead that received. One of those great blessings is tunity to hear the story of Jennifer charge than the Senator from Lou- a family. Baumann, a 17-year-old girl from Co- isiana, Ms. LANDRIEU. I am so fortunate to have been born lombia. She spent years in a broken So I am here to acknowledge the into one of the most remarkable fami- home and then in a broken foster care work we have done with the adoption lies—not rich when I was born into my system in that country. She was ex- tax credit, which we have gotten into family and still not rich, and when I posed to violence. She would go to bed law, and the work we have done to was born into my family we were not hungry. make sure it is easier for these inter- at all famous either, but we have two At age 14, she was still in foster care national adoptions. Every single family extraordinary parents, and to this day and had lost hope for her future. She out there knows there are problems they continue to teach all 9 of us, 37 was considered too old to be adopted. right now with international adop- grandchildren, and now 5 great-grand- As she said in her own words, she tions. A lot of them stem from people children the value of family. ‘‘cried for a year.’’ such as Vladimir Putin. By the way, I have said many times, and Senator But then, miraculously, she had the the reason Senator LANDRIEU was KLOBUCHAR has shared this with me, chance to visit a family here in Amer- banned from going to Russia is because governments do a lot of things well, ica as part of the program that Kidsave of the work she is doing for kids, being but raising children isn’t one of them. organized. The family fell in love with willing to take Putin on because of the I will repeat that. Governments do a her, she fell in love with them, and in fact that he was closing the doors to lot of things well, but raising children 2011 she was adopted into a loving kids and using them as pawns for polit- isn’t one of them. Actually, we were home. We have seen this time and time ical gain. That is an amazing story, created and wired for one human to again in my State, and that is why I and that shows a fighter. raise another. It just doesn’t happen got involved in legislation with my (Mr. KING assumed the Chair.) any other way. Our faith tells us that. mentor, MARY LANDRIEU. I thank the Presiding Officer for his But now, interestingly, some really One of the things we found out is—we work with adoption and his personal extraordinary science is being done by had a family called the Makorises, and story, as well as all the Members on some of the most brilliant scientists in they were adopting nine children from both sides of the aisle who have de- the world and sociologists, and one of

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.009 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6114 CONGRESSIONAL RECORD — SENATE November 19, 2014 them is from my State, Dr. Charlie most common vision we will see in an I have some amazing photographs to Zeanah. I want to give him a shout- orphanage anywhere, particularly an share, and I thank the Huffington Post out. When the terrible tragedy hap- orphanage where they have infants who because that is where they came from. pened in Romania and Ceausescu fell— are in cribs who are let’s say around 1 This is National Adoption Month. The that crazy man who starved his coun- year old. We walk into a room as big as Huffington Post has a great picture— try and put millions of children in or- this—sometimes smaller, but I have and my colleagues can go online and phanages—Charlie was one of the been in ones as large as this—with see this—of many of the most remark- Americans who got on the plane with cribs everywhere, and the infants just able adoption stories on Adoption Day. me and went to Romania, and he has sit there, those who can sit up, and These are all children I am going to never left. He stayed—not physically they stare into space and they just show you, and I am going to tell you a the whole time, but his colleagues rock themselves. The scientists say little bit about them. This is a domes- stayed and did the most extraordinary that is their last desperate attempt to tic adoption out of foster care. This is science on the planet of what happens console an inconsolable emptiness. So the Michael family. The parents are to a child who is detached from their they just rock and they stare. They Tiffanie and Adebayo Michael from birth parent or from a loving care- don’t cry. The reason they don’t cry is New York. The couple fostered two sib- giver—just detached. because they cried incessantly for the lings, a boy and a girl who are pictured They also did the leading study in first 30 or 60 days of their lives, and here. After 2 years and 4 months, the the world on institutionalization. The then when no one came they just couple adopted these two children out findings are remarkable in such a way stopped because little babies are really of foster care on National Adoption that if they can’t make us change the smart. Contrary to popular belief, they Day. You can see the smiles. way we think—group homes are not are literally born with an exceedingly It is so amazing to see these stories sufficient. No matter how well run, brilliant brain, but the more toxic, the that happen all over the country. On they are not sufficient. No institution, more distorted it gets. So by the time National Adoption Day, this Saturday, many of the judges—this was started no matter how beautifully it is run, no a child is 3—not 13, not 30, but 3—their by a judge in California. I want to give orphanage in the world, no matter how brain is like a muscle that kind of—it magnificently it is run, how clean and him credit. His name is Judge Nash. just doesn’t function. It doesn’t form Judge Nash started this 20 years ago brightly painted—nothing can sub- correctly. And we can see this on this stitute for what an infant and a toddler because he was in his courtroom. He new imaging. was so frustrated—as Amy has been as and a young child and a teenager and I know there are those who think a prosecutor—that no one was proc- an adult, amazingly, but particularly this is a soft issue. People look at AMY essing these adoption cases that he dean infant need when they are born. and they look at me and they look at cided. This was how simple this was. They actually need it before they are CHUCK GRASSLEY and think, why do He said: You know what. I am tired of born, and that is a whole other story. these people keep talking about this? the backlog. I am going to come in on But when they are born, it says that It is like nothing. Well, it is a lot. It is Saturday. That is what he did. He said: the brain literally reacts physically to not nothing. It is very serious science, I am just tired of it. So staff, we are the fact that there is no caregiver who and it is very serious community devel- coming in on Saturday. We are going is consistent, and that is what happens opment, and it is very important for to process 25 adoptions, 30 adoptions when a child is abandoned. They go this world to get this and get it quick- when we are not distracted and where through what they are calling now this ly. we can get people in. toxic stress. We wonder why prisons are filled. We This is how National Adoption Day The way I like to describe it—and I wonder why psychiatric wards are started. Judge Nash is my hero. Na- know maybe I only have 10 minutes, filled. It is not because people are born tional Adoption Day was started 20 but it is worth talking about. Every bad because even though—I won’t even years ago by one judge in one court- adult in this world within the listening go into mortal sin and my Catholic room, and then lots of other organiza- of my voice knows what stress is to an background. Let’s just say forget that. tions joined in. Now it is really a big adult. We can literally feel it. Some Children are actually born beautifully movement. people go out for a run. Some people made because God made them, and it is This is a happy picture. This is a pic- have a couple of glasses of wine. Some what we do to them in the time of their ture of parents from Baltimore who people have long talks with their birth and the few years after that real- adopted an infant with a cleft palate friends. We can feel that we have to do ly shapes what they are going to be. from China in 2012. When this little in- something. An infant feels that but in So, in my view, as a leader, that is fant was born—I know something multiples, and an infant can’t go out why I have spent a great deal of my about what happens in China and many for a run, and a toddler doesn’t know time on this subject. It is not a soft countries. If an infant is born in almost what to do. So that toxic stress goes issue. It is as hard and as important as any country in the nondeveloped world right inside of them and they cannot any Army or any trade policy, and I and they have anything wrong with release it. They don’t know how. So it am never going to stop talking about it them like a finger is missing or they begins to affect the development of because it is so clearly the truth that I have a cleft palate or, particularly, if their brain. just can’t stop talking about it. they have something like spina bifida These scientists are saying that when So, again, this is National Adoption or a leg missing, in some countries a child doesn’t have, from the moment Month. We have put a resolution on the they are literally put in rooms called it is born, a constant, caring, confident floor. We always get a remarkable dying rooms. They just leave them be- touch and talk the way that loving amount of support from our Members. cause they don’t have the same under- parents demonstrate—as we know, as I want to also give a special shout- standing that we do in the United we hold our infant children in our out to Senator BLUNT, who has a child States about A, the dignity of every arms, we give them strength. I used to and who is very engaged in this issue, life, which our faith in this country think they just needed food and and he has really stepped up. He has a teaches us; and B, in some countries warmth, but that is not what the child who was adopted, as do I and as they actually think it is a curse by God science says. The science says it is so do other Members who have adopted if a child is born with a defect, so they much beyond that. We should have children or grandchildren. ROSA just sort of take it as if God never known this by our faith, but sometimes DELAURO has been a remarkable leader meant for this child to have a life. we doubt. So now the science is step- in the House. Her grandchild was I don’t know what would have hap- ping up and saying exactly what we adopted from Guatemala. She has be- pened to this little boy. Trust me; it know by faith, which is that it is im- come an extraordinary voice. SUSAN would not have been happy. The only perative that children have a loving, BONAMICI, the Congresswoman from Or- little problem with him is he had a safe place. egon, has also been a great leader. And cleft palate. I have been to orphanages all over I just can’t say again how happy I am This couple traveled a long distance. this world, and I will never forget some that AMY KLOBUCHAR has been here to Under the law now, they would prob- of the visions I have seen. This is the help. ably have to go back two or three

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.014 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6115 times because we have made it harder, I want to thank my colleagues for IMMIGRATION not easier, for these parents. I don’t supporting this resolution, calling on Mr. DURBIN. There was a moment in know how many times they traveled, us all in every elective office—Gov- the Civil War when President Abraham but they probably took their own ernors, Presidents, Members of Con- Lincoln sent a message to General money, borrowed money—unless they gress, and then at home in our dis- McClellan. General McClellan was in are super rich—from their relatives and tricts, our courts, our judges, our pros- charge of the Union troops, but he went twice to get this little boy and fi- ecutors—to do everything we can to wouldn’t use them. He sat encamped, nally brought him home. help. intense, preparing for battle, and never The next picture is the Haden family. I want to show you the last picture going forward. This is my favorite picture. They have because this is our challenge. Domestic Lincoln, in his frustration, under- two adopted children. Crew is a 1-year- adoption—I am very proud to have stood as he waited that the Confed- old. He was adopted from Niger in 2013. moved this line. I want to give Sec- erate forces were getting stronger and Shepherd was 2 years old and was retary Hillary Clinton a shout-out— the opportunities were slipping away. adopted from the DRC in 2012. Senator Clinton—who helped to move Lincoln sent a message to General The most amazing thing is the bio- this line. She really did remarkable McClellan. His message was this: If you logical children, which you can see, work since 1999—basically 2000 to 2014. are not going to use your Army, would were the ones who received the chil- We now have more children being you send it my way so I can use it? dren when they came. I have hardly adopted domestically than ever before I am reminded of that story when I seen a more beautiful picture than this at all ages—infants, teenagers, et address this issue on the floor of the that represents what the future could cetera. Senate this morning because the issue be if we would do our jobs. Our challenge is international adop- I am going to address is the issue of The fourth picture is the Williams tions have dropped precipitously. I am immigration. family. Jeff and Kelley Williams are going to come back to the floor and I come to this issue with personal from Nashville, Tennessee. Their faith give a speech about why this is hap- and family experience, as so many called them to adopt in 2012. They pening and what we have tried to do— Members of Congress do when it comes brought daughter Haley home to Nash- a few of us—to turn it around, but our to an issue. In this circumstance, my ville from an orphanage in Ethiopia. voices are hitting the wall and bounc- mother was an immigrant to this country, and she was brought here at the This is how many relatives gathered to ing off because the State Department age of 2 from Lithuania. Somehow my meet her. The most amazing thing is not listening. We will continue the grandmother, with my aunt and uncle, about this picture is how tightly her fight. This number is going down dra- made it across the ocean to Baltimore, father is holding her. matically. landing in 1911, and then catching a The fifth is a picture of the There are children such as that little train heading for the land of oppor- Hardbarger family. They are angels boy in China with a cleft palate who tunity—East St. Louis, IL, which is this year. They are from Shreveport. will rot for the rest of their lives. If where many Lithuanian families gath- They are an amazing family from Lou- you want to wonder where terrorists ered and where my grandfather was isiana. Chad is a pastor of a church. He come from, I will tell you where they waiting. is the senior pastor at Emmanuel Bap- come from. They come from families That was the city of my birth. My tist Church in Shreveport. They formed that are dysfunctional, and they come mother grew up there speaking Lithua- an adoption ministry because they be- from places where there is no hope, no nian and English—an immigrant fam- came so moved by their own experience love, and no faith. That is where ter- ily who worked hard and struggled. in adopting. rorists come from. If you want to stop From family stories, I know they had They adopted all of these children. it, I would suggest we start turning little or nothing in their lives but the Monique is 19, Chris is 14, Bryce is 11, this line the other way. hope that the next generation, their Jordan is 9, Bailey is 8, and Gavin is 7. I yield the floor. children, would have a better life. He is a pastor of a really wonderful The PRESIDING OFFICER (Ms. That is my story. That is my fam- church. They have now taken this as a HEITKAMP). The Senator from Min- ily’s story, but that is America’s story, ministry and are developing—I see the nesota. too. leader on the floor. Ms. KLOBUCHAR. Madam President, If we chart immigration as an issue I will wrap up in 2 minutes. a lot of these adoptions wouldn’t have in the course of America, we will find They are developing a wonderful min- happened without Senator LANDRIEU. something very interesting. Political istry in Shreveport, and many of our When we go anywhere in this country parties that become anti-immigrant churches in Louisiana are really step- on the adoption issue and mention her parties eventually wither and dis- ping up to do this. name, we see nodding of heads of so appear. Why? Because they are denying You may not believe this because many parents because they actually the fundamentals of America. They are this is a very famous family. They are know what she has done to fight for do- saying that we are going to close the admired—or otherwise—depending on mestic adoptions and foster kids and doors and pull up the ladder, and we what circles, so I have a lot of respect also on the international level. There don’t need any more of those people. for the ‘‘Duck Dynasty’’ family in this is so much more work to be done. We do need more of those people be- area of what they have done. Willie and Thank you so much. I will be there cause the immigrant families who Korie Robinson have five children, when you give your speech. come to this country bring more than three biological, one adopted, and one The PRESIDING OFFICER. The as- just determination and strength and a fostered. The couple adopted Willie, sistant majority leader. work ethic. They bring a level of cour- often called little Will, through a pri- Mr. DURBIN. Madam President, let age that many families can’t muster. vate adoption agency when he was me add my voice in this chorus because These are families in different parts of born. They have a foster daughter from it is true. Senator LANDRIEU, more the world who say at some point we are Taiwan named Rebecca. Since becom- than any Member of the Congress, has going to America. We may not speak ing rich and famous, which they made adoption her cause. We are re- the language, we may not even know weren’t always—just a little simple minded by Senator LANDRIEU what a what will happen to us once we arrive, family making duck calls, but now difference it makes in the lives of chil- but we are going to America—and they they are one of the most famous fami- dren and their families and the world. do. The vast majority of them who lies in the world. They were our na- I want to commend her. Senator LAN- come to this country stay and make a tional angel 2 years ago, and they have DRIEU is the best. difference. They sacrifice. They work continued to promote adoption, both As the grandfather of an adopted night and day, but their moment comes domestic and international. child, I know the difference, the joy, when they become part of America. I wanted to just show a few of the the importance of that moment in our They are proud of where they came most extraordinary families, both fa- family life. I thank her for continuing from but even more proud of the fact mous and not so famous, who are doing this battle to make certain that we un- that they are part of the United States this great work. derstand the importance of adoption. of America.

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.016 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6116 CONGRESSIONAL RECORD — SENATE November 19, 2014 When any political party in history Finally, we are going to do something fants, living in the United States their has decided to make anti-immigration about our broken immigration system. entire lives, standing in classrooms their standard and their value, they But under the law of the land, pass- across America every morning pledging have withered and disappeared as they ing in the Senate is not enough. The allegiance to the only flag they have should. They are ignoring and turning measure was then sent over to the ever known, and the Republicans their back on who we are—what Amer- House of Representatives on June 27, voted, with an overwhelming majority, ica is all about. 2013. Today, November 19, 2014, the Re- to deport them—to deport them. I was part of a group 2 years ago. We publican-led House of Representatives That is not bad enough. That over- sat down—four Democratic Senators has not only failed to have a hearing whelming vote that they cast, that and four Republican Senators—and we on this bill, it has refused to bring this hateful vote that they cast—they were worked for months to write a com- bill to the floor, it has refused to bring so proud of themselves, that after vot- prehensive immigration reform bill. I any immigration bill to the floor. They ing they stood and applauded them- will tell you the names of the Senators refuse to address the obvious. We have selves. What a great moment in their so you know there was no secret deal a broken immigration system. We need minds for the House of Representa- here. JOHN MCCAIN led the Republicans, to come up with a fair solution to it. tives. the former Republican candidate for They refuse to act. It is within their The PRESIDING OFFICER. The Sen- President of the United States. By his power to call that bill today, as it has ator’s time has expired. side was LINDSEY GRAHAM, Republican been every day since June 27, 2013, but Mr. DURBIN. I ask unanimous con- from South Carolina—it was not ex- for a year and a half the House Repub- sent to speak for an additional 5 min- actly viewed as a liberal State but a lican leadership has refused to act. Oh, utes. very conservative one—and MARCO they tempted us. They teased us time The PRESIDING OFFICER. Without RUBIO of Florida, whose father and and again: We are thinking about it. objection, it is so ordered. mother were immigrants to this coun- We are going to put out a list of prin- Mr. DURBIN. What a terrible mo- try, refugees from Cuba; and JEFF ciples that we Republicans believe in, ment in the history of this Nation. The FLAKE of Arizona, a conservative Re- in the House of Representatives. We President of the United States, having publican by every measure. That was are going to tell you that maybe we waited for a year and a half, having the team on the Republican side of the would support something like the heard all of the promises of the House table. DREAM Act—maybe. We are going to Republicans, that they would move for- On our side of the table we were led tell you we want strong border enforce- ward and finally call this bill, having by CHUCK SCHUMER, from the State of ment, which of course the bill already been promised privately and even pub- New York, chairman of the immigra- has. licly by many of those Republicans tion subcommittee of the Judiciary They have said all of those things that they were going to do something, Committee. I joined him as a member and have done nothing. I am reminded now the President has said: I am going of the Judiciary Committee and some- of President Lincoln saying to General to use my authority, my authority one that has been involved in some of McClellan: If you are not going to use under the law, to try to fix at least these issues for a long time. There was your Army, may I borrow it? The some part of this broken immigration BOB MENENDEZ, the head of the Demo- House Republicans have refused to ad- system. cratic Hispanic Caucus, which is a cau- dress the immigration issue almost en- We are expecting, any day now, for cus of one at this point, by himself, the tirely, with one exception. They did the President to announce his Execu- son of Cuban refugees who came to the call one immigration matter to the tive order. He will not be the first United States; and MICHAEL BENNET of floor. It was one of the most hateful President to do this. Past administra- Colorado. The eight of us sat down for pieces of legislation which I have seen. tions, Democratic and Republican, months, literally for months, hours at Here is what it said. Before they ad- have stopped the deportation of low- a time, sometimes angry and ready to journed in August, the Republicans in priority cases in our country. Every walk out of the room. the House of Representatives passed a President of the United States—every We wrote a bill, a 200-page bill to re- measure with only four of their Mem- President of the United States since write the immigration laws in Amer- bers refusing to vote for it. Here is Dwight David Eisenhower has used his ica, to fix the broken immigration sys- what it said. We have created an oppor- Executive authority to improve our tem. Then we took it to committee, tunity for about 2 million children immigration system by Executive and the chairman of the Senate Judici- brought to this country who have lived order, every single one of them. ary Committee, PATRICK LEAHY, had good lives, finished school, have no President George H.W. Bush issued a open hearings and allowed any amend- problems with the law and want to be- family fairness policy allowing 1.5 mil- ment to be offered that anyone wished. come part of America. The President lion people in America to apply for de- Then we brought it to the floor after has created an Executive order giving ferred action and work permits. It is it was reported from the committee. these children a chance to come for- clear that Presidents have the author- We again gave an opportunity for ward, register with the government, ity to do this. Yet the Republicans in amendments to be offered. Significant pay their filing fee, and not be de- the Senate and House have threatened amendments were offered. Senator ported. this President that if he uses his Exec- CORKER of Tennessee offered an amend- Madam President, 600,000 of them utive authority, as every President ment to even strengthen what was a have taken advantage of that. This is since President Eisenhower has done: very strong border security section of called DACA. The President’s Execu- We are going to hold it against you and this bill. The net result of that of tive order gives them a chance to live you are going to pay a price, President course was we brought it to a vote. in America, to go to school in America, Obama. I will tell you, it was an incredible to get a job in America, to make this a I hope the President pays little or no day, because on June 27 of 2013 we better nation. So 600,000 have done it. attention to that kind of threat. What passed, on the floor of the Senate, com- We believe 1.4 million more are eligi- is at stake is the future of millions of prehensive immigration reform by a ble. They have not signed up yet. family members who are now subject vote of 68 to 32. Fourteen Republicans So the Republican House of Rep- to deportation. What is at stake is joined the Democrats in a bipartisan resentatives, in August, before they ad- whether the Republican Party will effort to fix our broken immigration journed, passed a measure which said: come into the 21st century in this land system. It was a proud moment. We The remaining 1.6 million who may be of immigrants and join us in a bipar- had the support of the U.S. Chamber of eligible for this protection cannot be tisan effort to fix this broken immigra- Commerce. We had the support of orga- allowed to be part of the DACA Pro- tion system. nized labor. We had every major reli- gram. Those 1.6 million young people What is at stake are literally the fu- gious group in America supporting our should be subject to deportation—de- tures of millions of families who just efforts. We had the ultraconservative portation. want a chance. That is all they are Grover Norquist supporting this and Think about that for a moment; asking for, to earn their way into legal liberals as well came together and said: brought here at the age of 2 or 3 as in- status in America. It is almost 13 years

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.018 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6117 now since I introduced the DREAM He is going to say that, as he did But unfortunately the message the Act. The DREAM Act—I described it with DACA, the Deferred Action Pro- President of the United States has sent earlier—gives young people brought to gram, he is going to give more undocu- is he is giving up. To listen to my col- the United States at an early age, who mented people in this country a leagues on the other side of the aisle had no voice in what their families chance. It will be a narrow category, who support this unprecedented Execu- were going to do, to come to this coun- not as broad as we would like it—at tive action by the President that is try and eventually find their way to least some of us would like it—but it going to be announced on Friday, they legal status. will be consistent with what every have given up. They have given up. At one point even the House Repub- President of the United States has What the Senator from Illinois did licans said they supported this so- done since President Eisenhower. not say is even the President’s deferred called DREAM Act. Time and again we It is fair. It is just. It recognizes our action order involving these young peo- have faced filibusters stopping the birthright as Americans, as a nation of ple—by the way, I support providing DREAM Act from passing in the Sen- immigrants. It says we are willing to them an opportunity to become Amer- ate, but it was part of comprehensive stand and fight for fairness. I would ican citizens and productive members immigration reform. This DREAM Act hope—I would just hope that a few Re- of society. I think we are all better all started with this young lady, publicans will stand and acknowledge off—these young people who are not Tereza Lee, Korean, brought to the this. I hope a few of them will join us culpable, they did not commit any of- United States at the age of 2, grew up in a bipartisan recognition that our fense or crime, they came with their in a poor family in Chicago, had an broken immigration system cannot be parents, and we are much better off. amazing musical talent and was ac- fixed if the Congress of the United They are much better off. Their fami- cepted to the Manhattan Conservatory States—particularly the Republican lies are much better off. of Music and the Julliard School of House—refuses to even call the bill for Our country is better off if we find a Music. Because she was undocumented a year and a half. solution—which I am confident we she had no place to go. Instead, the President is using his could do. But the message the Presi- Her mother called our office. Her authority and doing the best he can to dent has given and our Democratic mother, who incidentally worked night make this Nation of immigrants proud friends have given is: We give up. We and day in a dry cleaning establish- again that we are welcoming a new are not going to do our job as legisla- ment in Chicago said: What can we do? generation of people who will make us tors. The law had no real answer, other than even stronger in the future. We are going to let the President, to say to this then-18-year-old girl: Go f with the stroke of a pen, provide an Ex- back to where you came from for 10 ecutive amnesty to millions of people UNANIMOUS CONSENT AGREE- and create an awful lot of harm in the years and try to come here legally. MENT—EXECUTIVE CALENDAR That was the law. I introduced the process. Mr. DURBIN. Madam President, I ask The tragedy is we are a nation of im- DREAM Act. Since then we have seen a unanimous consent that the previous migrants and proud of it. Our rich, di- growth in support for this because it is order be modified so that the following verse heritage would not have been the only fair. We cannot, should not, hold nominations be added following Execu- same without the contribution of im- children responsible for the decisions tive Calendar No. 1056: Executive Cal- migrants who have come from around and wrongdoing of their parents. These endar Nos. 966 and 967, with all the the world, contributions that have be- kids deserve a chance. That is what the other provisions of the previous order come part of the very fabric of our President’s Executive action is about. remaining in effect. lives and our society. That is why the action by the House The PRESIDING OFFICER. Without Millions of foreign-born immigrants Republicans was so reprehensible. objection, it is so ordered. who have come to the United States le- Tereza Lee, incidentally made it. She Mr. DURBIN. I yield the floor. gally have become successful, patriotic went to the Manhattan Conservatory The PRESIDING OFFICER. The Re- citizens of the United States. We have of Music. She ended up not only get- publican whip. been the beneficiary because of the op- ting a bachelor’s degree, she did not re- Mr. CORNYN. Madam President, I portunities that our Nation provides ceive any government assistance. She ask unanimous consent to speak for up that nowhere else on Earth provides, had friends and sponsors who stepped to 15 minutes in morning business. and that is the opportunity to pursue in to pay for it. She played at Carnegie The PRESIDING OFFICER. Without the American dream. Hall. She is now working on her Ph.D. objection, it is so ordered. But part of what makes the Amer- in music. f ican dream possible is the rule of law. She is now an American citizen, by It is our Constitution. It is not Presi- IMMIGRATION REFORM virtue of the fact that she married this dents getting frustrated with Congress, young American jazz musician. They Mr. CORNYN. Madam President, I issuing an Executive order, defying the are living in New York and recently am glad I got to the floor to listen to Constitution, and ignoring his oath to had a baby. my friend, the Senator from Illinois, uphold and defend the Constitution of I could not be prouder of Tereza Lee the majority whip, make his remarks. the United States. That undermines and what she has done with her life. It reminds me of his great passion and the American Dream. There is a picture with her mom and commitment to the DREAMers and to So I listened to my colleague and dad. Her dad passed away. He had a se- the cause of repairing our broken im- friend from Illinois saying that this is rious medical illness that could not be migration system. a question about: Are immigrants good treated adequately because he does not While he and I differ on the details, for America or not? qualify for any kind of government and the feasibility of passing com- I stipulate they are good for Amer- health insurance. They did not have prehensive immigration reform, we ica. As a matter of fact, my ancestors the money to provide him the care he have been trying to do this for—labor- weren’t born in the United States. We needed. ing with this for at least the 10 or 11 all came from somewhere else. But Tereza Lee’s story is one that in- years that I have been here. We have This is really, at bottom, whether spires me every day to come to this been unsuccessful. What does that tell the President, when he put his hand on floor and remind my colleagues on both us? It tells us we need to try something the Bible and he took a sacred oath to sides of the aisle, these are real human different. We need to break this down uphold and defend the Constitution and beings we are talking about. These are into smaller pieces. In the House, the laws of the United States, whether not political pawns. These are young Speaker BOEHNER I know has made this he really meant it or whether he had people who deserve a chance to become pledge to the President and others. I his fingers crossed behind his back. part of the future of America. Some- know Senator MCCONNELL, the new in- Like many of my colleagues, I have time soon, I hope very soon, maybe coming majority leader, believes immi- had the privilege of participating in even this Friday, the President of the gration reform is important and we naturalization ceremonies all across United States is going to announce his ought to use our best efforts to make my State, where I have seen individ- Executive order. progress. uals from Vietnam, India, Mexico, and

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.020 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6118 CONGRESSIONAL RECORD — SENATE November 19, 2014 from countries all around the world gration, this is a sure way to continue as well. But what there is no support take the oath of allegiance to the to reward the criminal organizations for, other than purely partisan support, United States of America. It is an in- that get rich on the status quo. The is what the President is proposing to spiring and heartwarming occasion 60,000 unaccompanied children that do. and, of course, many of them have came from Central America that were So in other words, if the President taken that oath while wearing the uni- part of this humanitarian crisis we had were willing to negotiate in good form of the U.S. military, where they last summer continue to come, and the faith—and, yes, when your proposal is have served with honor and dignity as criminal organizations that continue that I want everything I want or I want they await approval of their citizen- to profit from this money-making op- nothing, you frequently get nothing. ship. eration are continuing to get rich. It You always get nothing because no- One of the first bills I passed when I encourages children to take a perilous body gets everything they want, and it came to the Senate was with Ted Ken- journey, for many of whom it ends in requires genuine compromise and it re- nedy of Massachusetts, the liberal lion kidnapping, sexual assault or death to quires hard work. Nothing sustainable of the Senate. What we did is we passed get to the U.S. border. or meaningful will ever be done in this a simple piece of legislation that expe- The worst part is we just had a na- place without bipartisan support. We dited the process whereby immigrants tional election, as we do every 2 years. have learned that lesson time and time who serve in the military can become I have been in Congress when my side again. American citizens. That was one of the of the aisle wins elections, and we have But the President seems absolutely first bills I was a part of that passed had a pretty good election. I have been allergic—allergic—to good-faith nego- when I came to the Senate. here when we lost, as we did in 2008. tiating and genuine compromise. In Of course, these naturalization cere- But that doesn’t mean we can give up fact, I am not even sure he likes the monies represent a proud day, not only on our job, which is to legislate. job he ran so hard to get elected to, be- for these new Americans but for all One of the saddest parts about what cause that is part of his job—to work Americans and for our Nation as a the President is going to do is he will with Congress in a bipartisan way to whole, where we welcome new citizens poison the well and make it much achieve genuine consensus and com- with open arms to this country to find harder, if not impossible, for us to do promise where possible. a better life for themselves, for their the sorts of things for which a bipar- family and, in the process, for all of us. tisan, bicameral commitment exists to He is claiming now, apparently, on But the President has now threat- do, which is to make serious progress Friday in Las Vegas, a right that no ened—and he is the one who has made on our broken immigration system. I other President has claimed and, in the threat: If you don’t do it on my am not sure whether we will be able to fact, that he said he did not have, time timetable, according to the terms I do as much as I would like to do or the and time again. prefer, I am going to do it myself. Senator from Illinois would like to do, I know the White House Counsel’s of- He said that time and time again. but we all know the status quo is unac- fice is preparing a convoluted legal There is no President who has abused ceptable. case to justify the President’s actions. the authority to issue Executive orders The President seems intent on pro- Most Americans will correctly view more than the current occupant of the voking a constitutional crisis by adopt- this as an abuse of power. White House. All Presidents have ing policies that he previously said Earlier, I asked the President to issued Executive orders since President were illegal. He said he didn’t have the think about the human costs of encour- George Washington, but no one has authority to do it time and time again. aging another massive wave of illegal held Congress and the Constitution in Now he has totally done a flip-flop of immigration. My State is dispropor- such contempt that they feel as if Con- 180 degrees saying: I have discovered I tionately affected, given our 1,200-mile gress is irrelevant—except when I need now do have the authority. I was wrong common border with Mexico. It is not them to appropriate money or to help when I said I didn’t have the authority only people coming from Mexico; it is them serve my purposes. to do it. He seems intent on exacer- from Central America and around the But the President is going to take bating partisan polarization and weak- world. But I urged him to think about steps in the coming days that would ening democratic accountability. all the men, women, and children from send men and women—such as those I We are the ones who are responsible Guatemala, Honduras, and El Salvador have mentioned—who came, playing by for making these decisions, and we are who have suffered terrible violence the rules, pursuing legal immigration accountable to our electorate, our vot- and, indeed, some have died during to the United States. He is going to ba- ers. Unfortunately, it is going to make their long journey through Mexico sically tell those folks: Get to the back it much harder for us to make nec- from Central America. of the line. essary progress on a number of dif- I urged him to think again about We are the most generous country in ferent matters next year. whether what he is doing inadvertently the world when it comes to naturaliza- The President says we haven’t acted rewards and helps fund the criminal or- tion—almost 1 million people a year. on his timetable in a way that he pre- ganizations that are creating such But the President is going to tell the fers, so he is going to go it alone. But havoc in Mexico and in parts of Central people who have been waiting patiently just think for a moment about the America. in line, playing by the rules: Get in the larger implications of that argument. I can only hope the President will re- Every President in history has back of the line. I am going to put mil- consider. I certainly am not optimistic clashed with Congress. That is part of lions of people ahead of you in front of because now the White House is leak- what we do. That is what the separa- the line who have not played by the ing press reports about this announce- tion of powers is all about. It forces us rules. ment on Friday. But I believe his uni- Well, it is a sure way to send a mes- to build consensus as opposed to pur- lateral action, which is unconstitu- sage to the rest of the world that our suing our own agendas, and that is im- tional and illegal, will deeply harm our country does not enforce its own laws, portant. That is essential. But failing prospects for immigration reform. It which is an essential part of who we to get your way in Congress doesn’t will be deeply harmful to our Nation’s are, and where everybody, from the mean the President can simply over- tradition of the rule of law and deeply humblest to the most exalted in our ride Congress with the stroke of his harmful to the future of our democ- country, are all bound by the same pen. racy. laws, whether you are President of the There is broad support for passing a United States or whether you are one series of commonsense immigration re- Many Democrats believe, as I do, of these new Americans who takes an form bills. I know the Speaker has said that this is a mistake. The President oath to uphold and defend the laws and that publicly. The majority leader in should heed their advice, stop making the Constitution of the United States. the House, Congressman MCCARTHY, I threats, and respect the Constitution. I have to say, because I come from a believe, believes that, and I certainly I yield the floor. big State that sees disproportionate do. The incoming majority leader, Sen- The PRESIDING OFFICER. The Sen- negative consequences of illegal immi- ator MCCONNELL, has told me he does ator from Washington.

VerDate Sep 11 2014 06:54 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.022 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6119 NET NEUTRALITY WA—has now become a juggernaut in I yield the floor. Ms. CANTWELL. Madam President, I downtown Seattle for new growth and The PRESIDING OFFICER (Ms. rise today to call the Senate’s atten- development. These companies might BALDWIN). The Senator from Rhode Is- tion to one of the most important eco- have started in a garage, but they are land. (The remarks of Mr. WHITEHOUSE per- nomic issues before us, and that is the supporting thousands of jobs across our taining to the introduction of S. 2940 issue of Net neutrality. country. are printed in today’s RECORD under We face a pivotal moment in the So today we want to make sure the ‘‘Statements on Introduced Bills and fight to preserve an open and fair Internet is not under attack by those Joint Resolutions.’’) Internet. Last week, the President who would prefer a pay-for-play system. The biggest telecom companies Mr. WHITEHOUSE. I thank my col- called on the FCC to protect the bed- league for allowing me the extra time, rock principle of Net neutrality. are trying to write the rules of the road that would crowd out some of and I yield the floor. A strong, open Internet is one of the The PRESIDING OFFICER. The Sen- these opportunities for unique entre- best ways to protect the innovation ator from Kansas. that supports millions of American preneurs to continue to grow the appli- Mr. MORAN. Madam President, I ask jobs. It is one of the best ways to pro- cation economy of the future. That is unanimous consent to address the Sen- tect the competitiveness of the digital why we can’t allow Internet service ate for up to 15 minutes. economy. providers to set up fast lanes for those The PRESIDING OFFICER. Without Now the FCC is working on formu- who can pay and slow lanes for those objection, it is so ordered. who can’t. Our innovation economy de- lating ways to protect a robust Inter- f net. We know that the FCC received pends on equal access for ideas. over 4 million comments on the issue Between 2007 and 2012, development RETIREMENT OF STEVE BACCUS, of Net neutrality, and it registered of applications for smart phones and PRESIDENT OF KANSAS FARM many concerns by the public in making tablets created over 466,000 high-tech BUREAU sure that we protect what has been a jobs and generated more than $20 bil- Mr. MORAN. Madam President, agri- great resource for them. lion in annual revenue. A tiered Inter- culture is the lifeblood of my home They have spoken. They want to pro- net system would put all of that at State of Kansas. It drives our economy, tect innovation, and they want to pro- risk. It would allow Internet service but more importantly, it offers our tect a free Internet. providers to cut back from the deals to citizens a way of life that is unique in Consumers should know for a fact determine what information America today’s world. that their Internet service is being held can access on line. Within that industry I often encoun- to the same standards as everywhere We live in an economy based on ter thoughtful, committed men and else. But we know now there are con- speed, and a tiered Internet system women who work every day to raise cerns about the concentration of play- would give the power to set speed lim- their families, run their businesses, ers in the cable and large telephone its to those few Internet service pro- serve their neighbors, and provide a market as it continues to develop. viders and what they wanted to do. better future for the next generation. Maybe two providers will provide as This has a major ripple effect. Imagine Those qualities are found in Steve much as 85 percent of the provider mar- your doctor examining a patient via Baccus, who for the past 17 years has ket, which raises concerns to many telemedicine or a student trying to ac- served on the Kansas Farm Bureau consumers. cess a report through a university serv- Board of Directors and for the last 12 Today I am calling on the FCC to er, all of this put at challenge by served as its president. take forceful action that adopts the whether they have fast access. Kansas Farm Bureau is our State’s strongest rule possible to provide max- As an editorial in the Seattle Times largest general farm organization, with imum protection for consumers—max- said: America’s democracy is in trouble nearly 105,000 members. Under Steve’s imum flexibility to promote the Inter- when information is throttled or con- leadership, the organization has influenced policy and politics, promoted net economy. trolled by a few. The FEC must reverse I encourage the FCC to adopt robust this shameful trend. rural values, and worked to show an in- and durable rules to prevent locking, What they are really trying to say is creasingly urban population how food is produced and why technology is in- throttling, fast lanes, and to safeguard that creating additional barriers is tantamount, in my mind, to creating a dispensable to feeding a hungry world. transparency for consumers. These Steve is a native Kansan, a veteran, tax on the Internet. A tiered Internet rules should apply both to the wired a husband, a father of five, and a provider would have the range of con- and wireless broadband networks so grandfather. His fourth-generation trol, and it means that individual users that your Web browser, your personal family farm in Ottawa County pro- computer, your apps on your phone, all could be challenged. Strong Net neu- duces wheat, corn, soybeans, and occa- are treated in the same way. trality rules will help maintain the sionally a sunflower or a bit of sor- This important policy would provide same Internet we have today, and that ghum. certainty to startup and business com- is why the FEC should act. I met Steve now many years ago munities the same way as it will to Across the country, innovators, en- when he was on his local farm bureau support the Fortune 500 companies. In trepreneurs, are experimenting with board, and we grew to be friends over other words, we will treat an entre- different app designs and different con- the years. He was always someone I preneur who started their company in tent creation and they rely on this could count on to give trustworthy ad- their garage the same way we treat a open Internet to pursue those new busi- vice and counsel. big multinational corporation. ness models. Nearly every startup re- As agricultural issues repeatedly We need to send a clear message: We lies on understanding that their prod- come to the forefront of debate in do not want artificial toll lanes on the uct can reach any user connected to Washington, DC—from trade and en- innovation economy of the future. It is the Internet. So allowing Internet serv- ergy, to the economy, overregulation, my hope the FEC arrives at a conclu- ice providers to erect toll lanes would and the farm bill—Steve has worked to sion next year and issues these rules. threaten the fundamental nature of the make certain the voices of Kansas The Internet has been an engine for un- Internet and every business plan of farmers and ranchers are heard in the precedented economic growth for our every startup that relies on the con- Nation’s Capital. country. Today, the text-up sector rep- sumer’s ability for equal access to con- Steve’s passion for improving the resents 3.9 millions jobs, according to tent. lives of Kansans and advocating for the Pew Research, and it is continuing to We must do better than what has future of our rural State has always grow. It really does represent the been done so far, and I encourage this impressed me. His service on the Kan- American entrepreneurial spirit. body to make sure we too are going to sas Farm Bureau board was inspired by YouTube was created in a garage in stand up and protect the American Steve’s deeply held belief that there is San Mateo; Facebook launched in a spirit of entrepreneurship by making a better future ahead for Kansas agri- dorm room in Cambridge, MA; Ama- sure that Net neutrality is the law of culture and for our State. He has al- zon—when Jeff Bezos came to Bellevue, the land. ways been selfless in his service, often

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.024 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6120 CONGRESSIONAL RECORD — SENATE November 19, 2014 taking time to drive across all 105 Kan- High School and Kansas State Univer- For a large portion of my life, I sas counties over the years to update sity, where she was a member of Pi joined Ross and other businessmen and members of the farm bureau on issues Beta Phi, Sigma Phi Journalism Hon- professionals for lunch at The Round- that impact their lives and the lives of orary, and Mortar Board. table. While there was a lot of talk their family members in rural Kansas Marianna married Ross—whom she about sports and politics, I learned a and across our State. KFB members al- always called Rossie—in 1941, and they lot about life by listening to Mr. ways knew where to find Steve and felt were devoted to each other for 69 years Beach. My friendship with Ross Beach comfortable seeking his help. until his death in 2010. certainly opened doors for me in busi- In addition to his service as president Ross Beach was a pioneer in banking, ness and politics, but more impor- of the Kansas Farm Bureau, Steve has radio and television, and oil and gas, tantly, it gave me the confidence to re- led multiple boards and organizations, and Marianna was a support system be- alize that this smalltown Kansas kid including the Board of the American hind all that success. Ross was the could one day be able to serve here Farm Bureau Federation and the Farm president of Kansas National Gas Com- with my colleagues in the Senate. Bureau Mutual Insurance Company, pany and chairman of the board of the While my family and I are saddened whose board he currently chairs. He Douglas County Bank, and with by the death of Marianna Beach, we has led trade missions, presented testi- Marianna by his side Ross created eco- take comfort knowing that the legacy mony before Congress and State legis- nomic opportunities for many Kansans. of the Beach family will endure far be- lative committees, and has championed But the Beaches’ business success was yond our generation. While Marianna the cause of agriculture for much of his overshadowed by Ross and Marianna’s and Ross Beach donated their talents adult life. generosity. and treasure, it is their character and Steve embodies many traits we can Marianna Beach worked hard to generous souls that I and many others all admire, including a deep love for make certain education and the arts will miss the most. the great State of Kansas and grati- would be a priority of Kansans. She Marianna was loved by all who knew tude for the many hard-working fami- and her husband assisted with the for- her but especially by her family. I ex- lies who provide food, fuel, and fiber on mation of the Beach-Schmidt Per- tend my heartfelt sympathies to her which Americans and the world rely. forming Arts Center and the Sternberg daughters Mary, Terry, and Jane, as These traits have earned Steve the re- Museum of Natural History at Fort well as her brother Lee, sister Janet, spect of his peers across the country. Hays State University. Marianna was a and eight grandchildren and six great- Steve has been a true public servant to member of the Mid-America Arts Alli- grandchildren. I know you loved your agriculture, and he did it for all the ance, president of the Hays Arts Coun- mother, grandmother, and sister dear- right reasons. Not often do you find cil, and wrote a column on art and city ly, and she will be greatly missed. I someone who has such good and clear beautification for the Hays Daily News hope you find comfort in knowing that intentions of service. Kansas farmers for more than 20 years. she and Ross are united in their Heav- and ranchers found that in Steve For the Beaches’ 50th wedding anni- enly home. We are told that to whom much is Baccus in spades. He is a tremendous versary, Marianna convinced her hus- given, much is expected. Ross and role model for all of us who want to band to establish the Marianna Kistler Marianna Beach more than fulfilled make a difference in the lives of oth- Beach Museum of Art on the campus of any expectations. I am thankful for ers. Kansas State University to ensure that having the good fortune of knowing Steve, we congratulate you for your art is accessible to all Kansans. My wife Robba and I have had the honor to them for more than 40 years. service and wish you and your wife Pa- God bless Marianna and Ross Beach serve on the board of visitors of this tricia well in the next chapter of your for their life together and let them be museum that bears their name. We are life as you retire as president of Kansas a role model for all of us. Farm Bureau. able to witness firsthand the positive Thank you, Madam President, and I f consequences of the passion and com- yield the floor. mitment Ross and Marianna had for REMEMBERING ROSS AND The PRESIDING OFFICER. The Sen- culture and for the arts in our State. ator from Michigan. MARIANNA BEACH Marianna’s priorities were guided by Mr. MORAN. Madam President, last a belief in the value of each individual, f Sunday I was at a funeral service in which was illustrated by her lifelong IMMIGRATION REFORM Manhattan, KS, because Kansas lost commitment to supporting and uplift- Ms. STABENOW. Thank you very one of its greatest philanthropists and ing individuals with special needs. Sup- much, Madam President. education advocates when Marianna ported by her husband, Marianna There is a lot of talk here in Wash- Kistler Beach passed away on Novem- worked tirelessly to maximize the po- ington and across our country right ber 1, 2014. tential of handicapped individuals, now about how to fix a very broken im- Marianna and her late husband Ross serving on the President’s Committee migration system. The message the Beach—who passed away in 2010—were on Mental Retardation from 1969 to American people sent us earlier this residents of my hometown of Hay, KS, 1975. She was also actively involved at month was very clear. I don’t think for more than 60 years before moving the local level. She did everything per- anybody should miss it. They want us to Lawrence. This devoted couple was sonally. In fact, the Beach Center on to work together, and they want us to well known and well loved for their Disability at the University of Kansas get things done for the country and acts of service and kindness to others. is named in her honor. The research move things forward. They know we Because of Marianna and Ross Beach, done there focuses on disability policy, can still do big things when we put numerous Kansans have been inspired employment, family support, and early aside partisan politics and sit down to- through the arts, and individuals with childhood services. gether and work in the best interests of disabilities and their families have The Beaches’ level of generosity will the country. lived healthier, more productive lives. truly live on for generations to come. I know that firsthand because of the Marianna was born on November 24, Despite their stature in our commu- farm bill. It was not easy. It was com- 1919, in Lincoln, KS, and Marianna nity and State, Marianna and Ross plicated. There were regional dif- learned the importance of empower- Beach always treated every person ferences. There were partisan dif- ment through education at a young age they encountered with respect and dig- ferences. There were differences be- from her parents. Elmer and Myrtle nity. As a young newlywed couple tween the House and the Senate. But Kistler moved their family from Lin- starting a new life in Hays, the first in- we wanted to get it done. We stuck coln—including their 15-year-old vitation Robba and I received was to with it, we worked hard, and in the daughter Marianna—to Manhattan, come to Ross and Marianna’s home for end, a lot of people working together KS, in 1934 in order to give their chil- dinner. There was never a more gra- made that happen. So we know how to dren the opportunity for a college edu- cious, caring couple than the Beaches, do that. cation during the Great Depression. who wanted to make sure everyone was We know how to do that in the Sen- Marianna graduated from Manhattan included. ate on immigration as well because a

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.028 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6121 whole different group of people across Eisenhower, including Presidents Every one of us is heartbroken for his the aisle sat down with very different Reagan and George H.W. Bush, has parents Paula and Ed, who have lost ideas. How do we strengthen the bor- done—all they have to do is simply their son in the most nightmarish of der? How do we have a system that vote. Just have a vote. Then we don’t circumstances and have been the most works for agriculture and business? have to have this back-and-forth about extraordinary people during this whole How do we create a pathway of earning how do we work together on appropria- situation. The world mourns the loss of their citizenship in this country? Peo- tions or how do we get all the work Abdul-Rahman along with us. His life ple worked in a very complicated situa- done that desperately needs to be done. is one to be admired. tion, they worked together, and ulti- Just vote. It is in their hands. As one of his teachers wrote to his mately, after a lot of amendments and We cannot afford to wait another 510 parents: ‘‘Peter’s life is evidence that slogging it through on the floor, just as days to begin to address this urgent he’s been right all along; one person we did on the farm bill, we achieved problem, which is why if the House will can make a difference.’’ that. We achieved that. We achieved not act the President has no choice but While we mourn the loss of our fellow that 510 days ago. to act. But the good news is that we Hoosier in America, we are rightfully So 510 days ago we passed over- don’t have to wait. angry about his murder and we hunger whelmingly—I believe it was 68 votes— Americans didn’t send us here to talk for justice, but we are challenged to a comprehensive immigration reform about impeachment or shutting down face the fact that there are others still bill and sent it to the House of Rep- the government again. They sent us being held by these terrorists, and we resentatives—510 days ago. What has here to get things done. They sent us must work and pray for those who con- the Republican House of Representa- here to create opportunities for them tinue to be held against their will. tives done with that comprehensive, bi- to work hard and get in the middle Today I want to talk about Abdul- partisan bill that was sent to them 510 class and stay in the middle class, Rahman—Peter. I know his wonderful days ago? Nothing. A great big zero. which is harder and harder to do every parents Paula and Ed. They are ex- They have done nothing. They refused day. traordinary people. I was not lucky to even have a vote on it. They refused So I would say to Speaker BOEHNER: enough to meet Peter before he headed to suggest changes to the bill and work Let the House vote. Let’s get the bipar- over to Syria to help provide emer- on the opportunity to bring their ideas tisan immigration bill on the Presi- gency medical care there. However, to the table. They refused to even de- dent’s desk today. This isn’t about the through his folks and these many bate the bill. Why? Amazingly—amaz- President waving a red flag in front of months, I feel as though I have gotten ingly—it is because the Speaker and a bull, by the way—which is, frankly, a to know his spirit through his words, the Republicans and the House know it lot of bull—this is about waving the his actions, and the many stories from would pass if they brought it up. And bill in front of the House of Represent- those who loved him. Some stories can the public looks at that and says: atives. be told, some stories can’t be told, but What? Are you crazy? You don’t want Yoo-hoo, Mr. Speaker, you have a he is an extraordinary young man in to bring up a bill because you know it bill. You have a bill. It passed with 68 every way. would actually pass on a bipartisan votes in the Senate. It will pass in the This was a selfless, courageous young vote? House of Representatives. It will avoid man with a big heart who saw suffering But that is exactly what is hap- what you say is going to be a big fight and wanted to help, and ultimately he pening. In fact, that is how it is sup- and legal challenges. Just vote. It is laid down his life in service to others. posed to work. There was a tremendous that simple. If you look at these pictures, this is amount of effort by this body and by Let’s show the American people that Peter at the ambulance that he worked leaders on both sides of the aisle, who we can put aside our differences, that on as an emergency medical techni- should feel very proud of the work that we can work together and do what is cian, and all he did was try to make was done. It was sent to the House of best for the country. It is as simple as other people’s lives better by helping Representatives 510 days ago, and noth- having a vote. them when they were injured and ing has been done. Zero has been done. Thank you, Madam President, and I wounded. You will hear that when his So I have a very simple message for yield the floor. organization ran out of money, he took Speaker BOEHNER: Let the House vote. The PRESIDING OFFICER. The Sen- his own money out of his own pocket Let the House vote. The time is now. ator from Indiana. to buy bandages, equipment, and gas The time is now to solve this problem, f for the van. That is the kind of guy he and it can be solved today if people was. TRIBUTE TO ABDUL-RAHMAN want to do that. He was a son of Indiana, growing up House Republicans still have an op- ‘‘PETER’’ KASSIG near Broad Ripple as the only child of portunity to show the American people Mr. DONNELLY. Madam President, Paula and Ed. He graduated from Indi- that they can be trusted to do the work this is a speech I hoped to never give anapolis North Central High School, that people sent them to do—sent all of and one I give with an incredibly heavy spending his high school days as many us to do. They can do it today. They heart. I wish to speak about a young kids in Wisconsin do—the home State can do it tomorrow. They can get this man from my home State of Indiana, of the Presiding Officer—running cross done before Thanksgiving. Everyone Abdul-Rahman Kassig, known to many country and track and playing his gui- knows that the bipartisan Senate im- who loved him as Peter or Pete. He was tar. He then served in the U.S. Army migration bill would pass right now a Hoosier, a son of Indiana, and we with a brief time in Iraq before being with both Democrats and Republicans could not feel more proud of him or honorably discharged and enrolling in supporting it if Speaker BOEHNER lucky about the fact that he was one of Hanover College back home in Indiana. would simply let the House vote. us. Abdul-Rahman was described as an As we in the Senate showed over a Abdul-Rahman was a son of the intense young man who was always year ago, people on both sides of the United States of America who served ready to help his friends in need. One aisle want to fix this broken system our country and also served the world. classmate from Hanover said, ‘‘From that hurts families, workers, busi- He was a man of peace and healing and the moment you meet Abdul-Rahman, nesses, and farmers. I could tell you caring. Abdul-Rahman was with us for you know that he is a man that is des- story after story of crops being left in 26 years, and what he gave us during tined for great things.’’ the field because of a broken immigra- his life is so much greater and so much Abdul-Rahman left Hanover in 2009 tion system. This is an urgent problem, more important than how he died. The for training and then certification as and the time to act is now. intensity and focus and desire to make an emergency medical technician, fol- If our Republican colleagues in the a difference was the hallmark of lowed by attending Butler University. House don’t want President Obama to Peter’s life, and it stands in stark con- It was during his time as a student at use his authority to help fix the broken trast to the cruelty and disdain for Butler that Pete traveled over to Bei- immigration system—just as every human life of the ISIL terrorists who rut during spring break in 2012. While President, by the way, since President took Peter from us. other kids were heading to Florida and

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.033 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6122 CONGRESSIONAL RECORD — SENATE November 19, 2014 Texas and the Bahamas over spring It is still really hard to believe all of this when you went out fishing together break, Pete went to Beirut to try to is happening . . . as I am sure you know by and then laughing with him and rub- help people. now, things have been getting pretty in- bing it in that you caught more than He saw the refugee crisis stemming tense. We have been held together, us for- he did. Best friends right there. eigners . . . and now about half the people We will miss you giving your mom from the Syrian civil war firsthand and have gone home . . . decided to stay there. I hope that this all has a happy ending but Paula a big hug and telling your par- I wish to read some of what he wrote it may very well be coming down to the wire ents how much you love them. Folks to his family and friends at that time here, if in fact that is the case then I figured around the world and every American about the decision he made. These are it was time to say a few things that need will miss you terribly, but we will Peter’s words: saying before I have to go. never forget how kind you were to the The first thing I want to say is thank you. I do not know much, every day that I am sick and injured people you cared for Both to you and mom for everything you here I have more questions and less answers, and the sick and injured people you have both done for me as parents; for every- but what I do know is that I have a chance made well, and everyone whose hearts thing you have taught me, shown me, and to do something here, to take a stand. To experienced with me. you filled with love and passion and make a difference. Yesterday my life was I cannot imagine the strength and commit- laughter. laid out on a table in front of me. With only ment it has taken to raise a son like me but This was a man all Hoosiers and ev- hours left before my scheduled flight back your love and patience are things I am so eryone else was so proud of, who home to the United States, I watched people deeply grateful for. touched more people and helped more dying right in front of me. I had seen it be- Secondly, I want you to know about things fore and I had walked away before . . . folks in his 26 years than most of us do here and what I’ve been through straight I am staying in the region indefinitely. I in a lifetime. from me so you don’t have to wonder, guess, am formally requesting that I be withdrawn I will close with something that or imagine (often this is worse than the re- from my courses for the remainder of the se- Paula Kassig said on Monday: ality). All in all I am alright. Physically I mester. I have had the conversation with my Our hearts are battered, but they will am pretty underweight but I’m not starved, parents and it was the easiest one we ever mend. The world is broken, but it will be & I have no physical injuries, I’m a tough had. They knew simply from the sound of my healed in the end. And good will prevail . . . kid and still young so that helps. voice. I have never been freer, more alive, Mentally I am pretty sure this is the hard- Abdul-Rahman spent the last years happier, or better received than in this place. est thing a person can go through, the stress of this life working for good, serving There is too much work to be done here. and fear are incredible but I am coping as those in the greatest need in the most Too many people in need of immediate help best I can. I am not alone. I have friends, we ... dangerous of situations because his fel- laugh, we play chess, we play trivia to stay This decision isn’t one that everyone low citizens of the world needed him. sharp, and we share stories and dreams of would make, most people wouldn’t I guess, He truly believed good would prevail. home and loved ones. I can be hard to deal but those of you that really know me under- Let us keep the Kassigs and those with, you know me. My mind is quick and stand that this is what I was made to do. My my patience thinner than most. who are still currently being held whole life has led me to this point in time. But all in all I am holding my own. I cried against their will and their families in In May of 2012, Abdul-Rahman moved a lot in the first few months, but a little less our prayers and thoughts. to Lebanon to work as a volunteer now. I worry a lot about you and mom and Abdul-Rahman, we have been hum- emergency medical technician, serving my friends. bled by your generosity and your love. in a hospital in the region there. They tell us you have abandoned us and/or May God bless you and may God bless By September 2012, Abdul-Rahman, don’t care but of course we know you are the United States of America. still in his young twenties, formed his doing everything you can and more. Don’t I yield back and suggest the absence worry Dad, if I do go down, I won’t go think- own nongovernmental organization to of a quorum. ing anything but what I know to be true. The PRESIDING OFFICER. The even better help those in need around That you and mom love me more than the him. It was called the Special Emer- clerk will call the roll. moon & the stars. The legislative clerk proceeded to gency Relief and Assistance, or SERA. I am obviously pretty scared to die but the In the summer of 2013, Abdul- hardest part is not knowing, wondering, hop- call the roll. Mr. THUNE. Madam President, I ask Rahman moved SERA’s headquarters ing and wondering if I should even hope at unanimous consent that the order for to Gaziantep, Turkey, where the orga- all. I am very sad that all this has happened the quorum call be rescinded. nization provided first response assist- and for what all of you back home are going through. The PRESIDING OFFICER. Without ance to refugees fleeing the Syrian If I do die, I figure at least you and I can objection, it is so ordered. civil war. seek refuge and comfort in knowing that I f SERA provided food and medical sup- went out as a result of trying to alleviate plies to the refugee camps on both suffering and helping those in need. NEW REPUBLICAN MAJORITY sides of the border. SERA also provided In terms of my faith, I pray everyday and AGENDA primary trauma care and first-aid I am not angry about my situation in that Mr. THUNE. Madam President, today sense. I am in a dogmatically complicated training to civilians in Syria so others is our first full week back in session could also provide that same care. situation here, but I am at peace with my belief. since the election 2 weeks ago. While When fundraising was not going as I wish this paper would go on forever and we haven’t had the change of control well as needed, Abdul-Rahman donated never run out and I could just keep talking yet in the Chamber—it doesn’t happen his own money, giving not only his to you. Just know I’m with you. Every until next year—Republicans are set- time and his talent, but everything he stream, every lake, every field and river. In ting out our priorities for the new Con- had financially to keep it going and as- the woods and hills, in all the places you gress and looking forward to getting to sist those suffering around him. He was showed me. I love you. work. working on a project for SERA when he If you look at the pictures, you can Two weeks ago the American people was detained on October 1, 2013. see Peter and his mom in this picture spoke. They sent a clear message to When he was detained, he was trav- and Peter and his dad off fishing in In- Washington that they are tired of the eling in the back of an ambulance on diana. This is the story of Abdul- status quo, tired of gridlock, tired of his way to Deir Ezzour in eastern Syria Rahman Kassig. Nothing you have seen obstruction. They are tired of Wash- to help provide medical care. He was in on TV over the past 3 or 4 days is the ington wasting their money. They the back of an ambulance when he was story of Abdul-Rahman Kassig. This is want change, and on election day, they taken. the story. Those are his parents and asked Republicans to make that hap- Peter showed incredible strength this is what he did—he devoted his life pen. while in captivity—demonstrating his to others. Republicans are humbled by the trust love for his parents while reflecting on He was a young man who was taken the American people have placed in us, the possibility that he might not make from us in the most barbaric way, yet and we are not going to let them down. it home. whose life stands for all that is good in We look forward to setting a positive In a letter written while he was in our world. and a constructive agenda and getting captivity, and received by his parents Abdul-Rahman, we will miss you the Senate working again for the in early 2014, Abdul-Rahman wrote: catching more fish than your dad Ed American people.

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.036 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6123 Over the past several years, the Sen- going to make government more effi- plan through Blue Cross Blue Shield, ate Democratic leadership has stifled cient and effective and stop the waste and he says his premiums are going up debate, ignored the regular order of of taxpayer dollars, and we are going to nearly 25 percent next year. He told the business, and wasted the Senate’s time get our economy going again to put our newspaper, ‘‘I just can’t absorb that.’’ on partisan pieces of business that Nation on a path to growth and shared President Obama promised the Amer- Democratic leaders knew would not prosperity. ican people they would save $2,500 per pass. That means that very little time Divided government has been histori- year per family under his health care has been spent on American families’ cally a time when great things have law. NANCY PELOSI, the former Speaker priorities. been accomplished. We can go back to of the House, went on ‘‘Meet the Press’’ Even many Democrats have grown Social Security reform in 1983 when we at one point and said everyone’s rates frustrated with the highly partisan di- had a Republican President working would go down—everyone, she said. rection the Senate has taken under with a Democratic House or tax reform What does the President have to say Democratic leadership. Republicans in- in 1986 when we had a Republican now? What will he tell those people tend to chart a different course. President working with a Democratic whose rates have continued to go up? Starting in January, we will ensure House or 1996 when we had a Demo- What does he say to this real estate that the Senate returns to the com- cratic President working with a Repub- broker in Tennessee who can’t absorb a mittee process and that the Senate lican Congress on welfare reform. 20-percent increase? floor once again becomes a forum for There are lots of examples throughout In Anchorage, AK, a typical plan is debate and amendments and votes. I our history where divided government going to cost 28 percent more next am encouraged that this week a num- has led to big accomplishments and big year. That is for the second cheapest ber of rank-and-file Democrats aban- results for the American people. silver plan, what they call the bench- doned their leadership and joined Re- I submit that we can do that again. mark plan. publicans to support legislation to ap- The American people are counting on In Minneapolis rates are going up al- prove the Keystone Pipeline and the us. Republicans are ready to roll up our most 19 percent, and that is just for the more than 42,000 jobs it will create. Re- sleeves and get to work, and we invite premiums. For many people their publicans hope we can continue to have Democrats and the President to join copays are going up and their that kind of collaboration in the new us. deductibles are going up as well. In Congress. I yield the floor. some parts of Georgia 70 percent of the Americans have had a rough time The PRESIDING OFFICER. The Sen- plans sold on the exchange have over the past several years, including a ator from Wyoming. deductibles of at least $2,500. Is that af- weak economy, few jobs, high prices on f fordable for people? Millions of Ameri- everything from health care to elec- cans will be paying more in premiums tricity, and the list goes on and on. Our PRESIDENT’S HEALTH CARE LAW as well as more out of their pocket— first priority in the 114th Congress will Mr. BARRASSO. Madam President, millions of people such as Bob Sorey, be enacting policies that will help cre- this past Saturday the open enrollment the real estate broker in Tennessee, ate jobs and increase economic oppor- period for the Obama health care law who, as he said, just can’t absorb the tunity for American families. A good opened in terms of the health care ex- cost. place to start is the dozens of House- change. People who bought health in- These skyrocketing premiums may passed jobs bills that have been gath- surance through healthcare.gov or explain why the President’s health care ering dust on the Senate Democratic through their State’s exchange are fi- law is more unpopular right now than leader’s desk. Many of these bills nally allowed to see how much their in- ever before. passed the House with bipartisan sup- surance is going to cost next year. According to the latest Gallup poll, port, and it is high time they get a Things were pushed back beyond the only 37 percent of Americans approve vote in the Senate so they can get on election so people wouldn’t be able to of the law. It was supposed to get more the President’s desk. find out before the election what it was popular. That is what the Democrats We hope the President will work with going to cost. So the Obama adminis- on this floor told people across the us on priorities such as expanding tration had all of this information for country and told us. Instead, the oppo- trade to open new markets for Amer- awhile, but they intentionally kept it site has happened. People see how ican agriculture and manufacturing secret until after election day. Now much their costs have increased be- overseas. people get to see the prices, and many cause of the law, and many people are I have to say I am a little concerned people across the country are abso- learning that having coverage under that the President has indicated his in- lutely in shock at the increased costs the law is not the same as having care. tention of continuing to operate on his of the health care law. There is a difference between coverage own. The American people made it Millions of Americans are learning and care. clear on election day that they have re- their health insurance is going to cost That is what USA Today found out. jected his policies, and I hope the them a lot more. As a matter of fact, They had a front-page article last Fri- President will take that message to when the exchanges opened November day with the headline: ‘‘Rural Hos- heart and rethink his plans to go it 15, on the front page of the New York pitals in Critical Condition.’’ alone on important issues such as im- Times: ‘‘Cost of Coverage Under Care So not just the cost of coverage migration. Act Set to Increase.’’ The article says: under the care act set to increase, but Finally, Republicans will get to work The Obama administration on Friday un- rural hospitals are in critical condi- on some of the big-ticket items that veiled data showing that many Americans tion. need to get done in Washington, includ- with health insurance bought under the Af- Obama critics say the law is speeding ing issues such as reforming our Tax fordable Care Act could face substantial up the demise of rural facilities, of Code to make it simpler and fairer and price increases next year—in some cases as rural hospitals. That is the problem. to make us more competitive in the much as 20 percent. The article talks about a small hos- global marketplace, eliminating the Substantial price increases, 20 per- pital in Georgia that had to close in hundreds of inefficient regulations that cent. the spring of last year because of all are driving up prices for American fam- For some people it is going to be even the new burdens of the health care law. ilies and killing jobs, and issues such higher than that. People in that town now have to travel as conducting oversight of the execu- The Wall Street Journal took a look many miles to get to another hospital tive branch to ensure that the cycle of at it and they had a large story with a in another town. One of those people abuses such as the IRS scandal and the picture on Friday and the headline is: was Bill Jones. He was a peanut and Veterans Affairs scandal stops now. ‘‘Consumers Still Confused Ahead of cotton farmer who lived about 9 miles Republicans understand the oppor- Insurance Sign-ups.’’ away from the old hospital. Bill suf- tunity we have been given and we don’t The article describes a man named fered a heart attack 1 month after the intend to waste it. We are going to Bob Sorey, who is a real estate sales- hospital had to close. The ambulance make Washington work again, we are person in Mount Juliet, TN. He had a had to take him to another hospital in

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.038 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6124 CONGRESSIONAL RECORD — SENATE November 19, 2014 a town further away. I can tell my col- workweek, that has been devastating that and ignored the very real oppor- leagues, as a doctor who practiced med- to part-time workers across the coun- tunity we had, to follow the House of icine for 25 years, when someone has a try and others such as the unfair med- Representatives and pass bipartisan heart attack, every minute counts. Bill ical device tax that sends American legislation that would be supported by Jones didn’t survive his heart attack. jobs overseas and threatens lifesaving the White House. Maybe he wouldn’t have survived a trip innovation. Why would anyone walk away from to a closer hospital; we won’t know Republicans are going to keep fight- the opportunity to enact pro-innova- that. But the hospital is gone now and ing for Americans who have been tion policies that would do so much it is gone because of the President’s harmed by the President’s health care good for our economy? health care law. For people living in law. We are going to keep offering the It is no secret that trial lawyers and rural States such as Georgia and my real solutions that people wanted all others told the current majority leader own State of Wyoming, this is a terri- along—access to the care they need not to bring patent troll reform up for fying prospect. from a doctor they choose at lower a vote. We all know when the trial law- The article says that since January cost. That is what the American people yers say ‘‘jump,’’ the only answer for of 2010, more than 40 rural hospitals are demanding, and that is what they some of my Democratic colleagues is have closed across the country. There deserve. It is what Republicans are ‘‘how high.’’ is a map of the country of all the going to give them. While I am disappointed the Senate places where hospitals have closed. I thank the Presiding Officer, I yield failed to act during this Congress, I in- Ezekiel Emanuel, who worked on the the floor, and I suggest the absence of tend to help ensure we pass legislation health care law, says that 40 hospitals a quorum. next year. Fortunately, combating pat- is not enough. He is one of the archi- The PRESIDING OFFICER. The ent trolls is a priority for incoming tects of course of the President’s clerk will call the roll. Senate Judiciary Committee Chairman health care law. He says that over the The assistant legislative clerk pro- CHUCK GRASSLEY and House Judiciary next 6 years, more than 1,000 hospitals ceeded to call the roll. Committee Chairman BOB GOODLATTE. I look forward to working with them will close. In more than 1,000 American Mr. HATCH. Madam President, I ask and others who are committed to mak- communities, people will be further unanimous consent that the order for ing long overdue reforms to our patent away from medical care. That is pre- the quorum call be rescinded. laws—including mandatory fee shift- cious lost time for people who have The PRESIDING OFFICER. Without objection, it is so ordered. ing, heightened pleading and discovery heart attacks or for women with high- standards, demand letter reforms, and risk pregnancies who are further from f a mechanism to enable recovery of fees the help they need to deliver a healthy INNOVATION AGENDA FOR THE against shell companies or those who baby. They may have coverage under 114TH CONGRESS are behind them. the President’s health care law, but In addition, we must improve the that is not the same as getting the care Mr. HATCH. Madam President, I rise today to emphasize the importance of quality of patents issued by the U.S. they need. Patent and Trademark Office. Low- We are also seeing that for people keeping our technology industry in the forefront of our global economy. Amer- quality patents are essential to a pat- whom the law has pushed into Med- ent troll’s business model. I am opti- ica has made extraordinary strides in icaid—because Medicaid, of course—the mistic we can reach agreement on how innovation. For decades we have been President’s goal was to push more and best to improve our patent process. more people into Medicaid—that pays the world’s leader in developing new We also need a high-functioning and less for services than traditional insur- technologies and advancing the Inter- well-funded USPTO. A fully funded pat- ance companies pay. A lot of doctors net age, but we are not the only nation ent office would, at the very least, and other providers can’t afford to take in this hunt. mean more and better trained patent new Medicaid patients. Across the globe, and particularly in examiners, more complete libraries of There was a front-page story in the China and other parts of Asia, our prior art, and greater access to modern Wall Street Journal last Friday that international competitors are working information technologies to address says as more join Medicaid, health care furiously to catch up. If the United the Agency’s growing needs. All of systems feel strained. States is to enjoy continued success in these improvements would lead to As more join Medicaid—the Presi- the technology arena, the policy- higher quality patents that are granted dent’s goal—health systems feel the makers must ensure that we have a more quickly. The good news is we can strain. The article says that about one- legal and regulatory landscape that make these changes at no cost to tax- third of all primary care physicians will enable our innovators to thrive. payers since the USPTO is a fee-gener- aren’t taking new Medicaid patients. As chairman of the Senate Repub- ating agency. One of them is Dr. Holly Abernathy. lican High-Tech Task Force, I have Now, there are some who argue here She is a family physician in Farm- been working with colleagues and that patent troll legislation is not nec- ington, NM, and she says she just can’t stakeholders to develop an innovation essary in light of the Supreme Court’s afford to take any new patients under agenda for the coming Congress. Today decisions in the Octane Fitness and the program. She says: ‘‘I would love to I would like to highlight several bipar- Highmark cases. Ms. Charlene Morrow see every Medicaid patient that comes tisan initiatives that we should and Mr. Brian Lahti, however, writing through my door.’’ She also says: ‘‘If prioritize early next year to help en- in the BNA’s Patent, Trademark & you give people coverage, they should sure the continued success of our high- Copyright Journal confirm that ‘‘noth- be able to utilize it.’’ tech economy. ing in these cases addresses the pro- Premiums are going up, out-of-pock- First, Congress must act to protect posed reforms to make the real parties et costs are going up. Hospitals are America’s innovation and inventive- in interest who are managing patent closing. Doctors are having to turn ness. An essential part of fostering in- assertion entities responsible for fees away patients—all because of the novation is protecting legitimate intel- and costs.’’ This is something I worked President’s health care law. lectual property rights. In particular, on for quite a few months. As these ex- ObamaCare was too long, too com- we must enact legislation to combat perienced practitioners acknowledge plicated, too expensive, and it took abusive patent litigation. such legislation is essential to address away too much from the people who Patent trolls—which are often shell fee-collection concerns faced by defend- like the care and the coverage they had companies that do not make or sell ants in present patent litigation. One before the law was passed. That is why anything—are crippling innovation and of the legislative approaches Ms. Mor- Republicans are going to vote to repeal growth across all sectors of our econ- row and Mr. Lahti proposed is to make the entire health care law. omy. It is estimated that abuse of pat- bonding more readily available at an Meanwhile, we will also vote to strip ent litigation costs our economy over early stage of litigation. I could not away the worst and most destructive $60 billion every year. With so much on agree more. parts of the law—parts such as the em- the line, how can we afford not to act? We must ensure that those who de- ployer mandate, the arbitrary 30-hour Yet the current Senate did exactly fend against abusive patent litigation

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.039 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6125 and are awarded fees will actually get property. Yet trade secrets are the you have received over many years. paid. Even when a patent troll struc- only form of U.S. intellectual property Additionally, ECPA has allowed law tured as a shell company has no assets, where misuse does not provide its enforcement to access emails that have there are other parties with an interest owner with a Federal private right of been opened with just a subpoena, even in the litigation. These parties are action. Currently trade secret owners though a search warrant would be re- often intentionally beyond the juris- must rely on State courts or Federal quired for a printout of the same com- diction of the courts. They stand to prosecutors to protect their rights. munication sitting on your desk. benefit if their plaintiff shell company The multi-State procedural and juris- Those conflicting standards should forces a settlement and are protected dictional issues that arise in such cases cause great concern to everyone who from any liability if they lose. are costly and complicated, and the De- values personal privacy. Now to make It is a win-win situation for them and partment of Justice lacks the resources matters more complicated, ECPA is si- a lose-lose situation for America’s to prosecute many such cases. These lent on the privacy standard for access- innovators. Since we cannot force par- systemic issues put companies at a ing data stored abroad. Storing digital ties outside of a court’s jurisdiction to great disadvantage, since the victims information around the world, a prac- join in a case, we must incentivize of trade secret theft need to recover in- tice that did not exist when ECPA be- those interested parties to do the right formation quickly before it crosses came law, is now routine. Moreover, thing. State lines or leaves the country. the Federal Government has taken ad- That is the whole purpose behind my Unfortunately, in today’s global in- vantage of this statutory silence to recovery-of-award provision. Under formation age, there are endless exam- apply its own standard, requiring ac- this provision, those who are deemed ples of how easy and rewarding it can cess to data abroad if the company interested parties may either volun- be to steal trade secrets. While the storing it has a presence in the United tarily submit to the court’s jurisdic- maximum penalty for trade secrets States. tion and become liable for any theft is 10 years in prison and a $250,000 For that reason alone, Congress unsatisfied fees awarded in the case or fine, few of these thefts actually result should amend the law. That is why, to- they may opt out by renouncing any in Federal prosecutions. While $250,000 gether with Senators CHRIS COONS and meaningful interest in the litigation. If may sound like a steep penalty, most DEAN HELLER, I introduced the Law interested parties stand aside and do stolen trade secrets amount to tens or Enforcement Access to Data Stored nothing, the original plaintiff must even hundreds of millions of dollars in Abroad Act. The LEADS Act would re- post a bond to ensure that any shifted lost profits and sales. Even when thefts quire a warrant when the government fees are paid. are prosecuted, victim companies rare- demands customer communications Bottom line: Without such bonding ly recover the full extent of their from third-party service providers. measures, all defendants have is a losses. Such a warrant would only apply to toothless joinder provision that can be We have made some progress in mov- data stored in the United States, un- easily circumvented by bad actors with ing forward trade secret legislation. less the data is owned by a U.S. cor- no intention of paying the court- Earlier this year, the Senate Judiciary poration, citizen or lawful permanent awarded fees for their abusive lawsuits. Subcommittee on Crime and Terrorism resident. I have said this before but it bears re- held a hearing on the importance of To provide additional protections, peating. Fee shifting without such a re- creating a private right of action for the bill requires courts to modify or covery provision is like writing a trade secret theft. The House Judiciary vacate such warrants if they would re- check on an empty account. You are Committee reported its bill—by voice quire the service provider to violate purporting to convey something that vote—on September 17. Although we the laws of a foreign country. The prac- isn’t there. Only fee shifting coupled did not get the bill across the finish tice of extending warrants with this recovery provision will stop line this Congress, we are well posi- extraterritorially presents unique chal- patent trolls from litigating-and-dash- tioned to move the trade secret legisla- lenges for a number of industries which ing. tion early next year. increasingly face a conflict between The House has already demonstrated It is past time to enable U.S. compa- American law and the laws of the coun- that Members from both sides of the nies to protect their trade secrets in tries where the electronic data is aisle can come together to craft and Federal court. stored. pass commonsense legislation to com- Another bipartisan initiative ready Additionally, if the United States ex- bat abusive patent lawsuits. President for congressional action relates to our pects to extend its warrants Obama supports such efforts. It is past privacy laws. I speak about the need to extraterritorially, we should not be time the Senate does its part. We update the Electronic Communications surprised if other countries, including ought to get rid of this phony attitude Privacy Act or ECPA to require a war- China and Russia, seek to do the same of obeisance to the personal injury law- rant for all email content within the for the emails of Americans and others yers and trial lawyers in this country. United States and to safeguard data stored in this country. I am determined to make such patent stored abroad from improper govern- Congress must ensure that law en- reform a priority early next year and ment access. forcement has the tools to execute to make sure we send the President a Enacted in 1986, ECPA prohibits com- search warrants where necessary so bill that he can sign into law for the munication service providers from long as officials comply with the laws good of all American innovation. intercepting or disclosing email, tele- of the foreign country where the elec- In addition to patent troll legisla- phone conversations or data stored tronic data is stored. tion, there is strong bipartisan, bi- electronically, unless such disclosure is The LEADS Act also provides needed cameral support for creating a har- authorized. Virtually everyone agrees improvements to the mutual legal as- monized, uniform Federal standard for that Americans should enjoy the same sistance treaty process, which are for- protecting trade secrets. privacy protections in their online mal agreements for sharing evidence Here in the Senate, Senator CHRIS communications that they do in their between the United States and foreign COONS and I introduced the Defend offline communications. countries in international investiga- Trade Secret Act on April 29, 2014. In But Congress has not adequately up- tions. Currently, the MLAT process is the House of Representatives, Rep- dated the law since its enactment, and slow and unreliable, sometimes taking resentative GEORGE HOLDING intro- technological developments have re- several months to access data held by duced the Trade Secrets Protection Act sulted in disparate treatment. As cur- foreign jurisdictions. on July 29, 2014. Through our collective rently written, ECPA requires law en- The Department of Justice not only efforts we have shed light on an often forcement to obtain a warrant for needs additional funds to hire more overlooked form of intellectual prop- emails that are less than 6 months old people to handle MLAT requests, but erty. but only a subpoena to access older reforms to the underlying program are Trade secrets, such as customer lists, electronic communications. needed to improve transparency and ef- formulas, and manufacturing processes Think about your own email account. ficiency. The legislation recognizes, are an essential form of intellectual You may have hundreds of emails that through a sense of Congress, that data

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.002 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6126 CONGRESSIONAL RECORD — SENATE November 19, 2014 providers should not be subject to data I look forward to working with my I am willing to bet that if the person localization requirements. Such re- Senate colleagues in introducing I- has a problem with the camera, he is quirements are incompatible with the Squared early next year. As Senators going to come back to that store and borderless nature of the Internet—— can see, there is a lot we can agree on ask for help with it. Those people who The PRESIDING OFFICER. The Sen- and much we can and must accomplish. have those small businesses hire lo- ator’s time has expired. Looking ahead to the next Congress, I cally. It is actually people from the Mr. HATCH. I ask unanimous consent intend to do everything in my power to community who are earning money that I be permitted to finish my re- enact protechnology, pro-innovation they spend in the same community. marks. policies that will ensure the continued They are paying property tax. I would The PRESIDING OFFICER. Without success of our high-tech economy. be willing to bet that none of the on- objection, it is so ordered. I yield the floor. line companies, unless they are local, Mr. HATCH. Such requirements are The PRESIDING OFFICER. The Sen- are participating in the community the incompatible with the borderless na- ator from Wyoming. way those businesses are. ture of the Internet. They are an im- f Of course, additionally, sales taxes go pediment to online innovation and directly to State and local govern- MARKETPLACE FAIRNESS ACT they are unnecessary to meet the needs ments, which brings in the needed rev- of law enforcement. It is time to act to Mr. ENZI. Madam President, I rise to enue for maintaining our schools, fix- update our electronic communications voice my continued support for the ening our roads, supporting local law en- privacy laws. actment of the Marketplace Fairness forcement, fire departments, and emer- Finally, there is widespread con- Act this year. There have been a num- gency management crews. An inter- sensus and real opportunity for bipar- ber of editorials and letters and emails esting part of that is the smaller the tisan bicameral reform of our outdated and other messages lately that have visa system for economically essential town, the more important that is. left out part of the story and have In Wyoming the smaller towns rely high-skilled immigrants. For too long some of the other parts of the story on their sales tax to provide police pro- our country has been unable to meet wrong. I am not sure the people behind tection and fire protection. People in the ever-increasing demand for workers these messages have read the bill. small towns in Wyoming are some- trained in the science, technology, en- Last year the Senate passed this bill gineering, and mathematics or STEM times surprised to find out that sales with a strong bipartisan vote of 69 taxes support these services, but real- fields. Members. I believe that now is the As a result, some of our Nation’s top ize then that they ought to be paying time to get this issue done. I have been technology markets are in desperate this sales tax. The smaller the town, working on this sales tax fairness issue need for qualified STEM workers. We the bigger the impact. since joining the Senate in 1997, be- face a high-skilled worker shortage If Congress fails to let States collect cause as a former State legislator, that has become a national crisis. In taxes on remote sales this year, we are mayor and small business owner, I be- April, for the second year in a row, the implicitly blessing a situation where lieve it is important to level the play- Federal Government reached its cur- States will be forced to maybe raise ing field for all retailers—in-store, rent H–1B quota just 5 days after it other taxes, such as income or property began accepting applications. catalog, and online—so an outdated taxes, to offset the growing loss of Employers submitted 172,500 peti- rule for sales tax collection does not sales tax revenue. Do we want this to tions for just 85,000 available visas, adversely impact small business and happen? meaning American companies were un- Main Street retailers. There is another side to this too; that able to hire nearly 90,000 high-skilled In the last century, the Supreme is, that some of the people, some of the workers essential to help grow their Court challenged us to solve this prob- Governors and legislatures have said: If domestic businesses, develop innova- lem. We have been working on it. that passes, we will reduce another tax tive technologies at home rather than Thanks to a suggestion by Senator because sales tax is a more constant abroad, and compete internationally. ALEXANDER, we made this bill a States flow of dollars that we can rely on This is one of the principal reasons rights bill. The States passed laws a more than virtually anything else we why I, together with Senators AMY long time ago that required the collec- do. KLOBUCHAR, MARCO RUBIO, and CHRIS tion of sales tax. And those laws say So now is the time for Congress to COONS, introduced the bipartisan Immi- that if the tax is not collected by the complete action on this issue by enact- gration Innovation or I-Squared Act. retailer out of State, it has to be paid ing the Marketplace Fairness Act this To date the legislation has 26 bipar- directly by the purchaser in state. year. Today I want to spend a few min- tisan cosponsors. Among other things, Most people do not even know about utes debunking some of the myths and the I-Squared Act provides a thought- that requirement, but I do understand allegations that have been raised ful, lasting legislative framework that in Wyoming we collect about $1.5 mil- against the bill. First, some opponents would increase the number of H–1 visas lion from people voluntarily realizing argue the bill is unfairly burdensome based on annual market demand to at- the law and complying with it. to online retailers by forcing them to tract highly skilled workers and But that is a minority of people. comply with the various sales tax rates innovators. The bill also reforms fees Right now, thousands of local busi- across the country. on H–1B visas and employment-based nesses are forced to do business at a In response, I would first note that green cards for funding a grant-based competitive disadvantage because they the Marketplace Fairness Act includes State program to promote STEM edu- have to collect sales and use taxes and a small seller exemption. It is set at $1 cation and worker retraining. remote sellers do not, which in some million in remote sales each year. The I-Squared Act addresses the im- States can mean that 5 to 10 percent Until they pass that $1 million mark in mediate short-term needs to provide advantage. a given year, states cannot make them American employees with greater ac- I recently talked with a fellow who comply with sales tax laws. If they do cess to high-skilled workers, while also had a camera store. A person came in. pass the million-dollar mark, then the addressing long-term needs to invest in He was interested in this $2,000 camera Marketplace Fairness Act requires that America’s STEM education. I am con- and accessories. So of course the store the State provide the sellers with soft- fident this two-step approach will en- owner helped him to figure it all out ware, free of charge, that can calculate able our country to thrive and help us and gave him instructions on the cam- the sales and use tax due on each compete in today’s global economy. No era. Then the guy pulled out his smart transaction at the time the transaction doubt, a concrete legislative victory, phone and clicks on the bar code of the is completed. It would also file the when there is already considerable con- camera and said he could get it cheap- sales and use tax returns and be up- sensus, would help build trust and good er. Of course the owner of the store dated to reflect any rate changes. will among those who disagree sharply wondered how much cheaper. It hap- So all they have to know, to be able over other areas of immigration policy. pened to be exactly the amount of sales to do is, is the purchaser’s ZIP Code. It would mark a critical first step tax. The small business owner lost the They are going to have to know the along the path to broader reform. sale. ZIP Code if they are sending something

VerDate Sep 11 2014 06:54 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.004 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6127 somewhere. So it is not that com- State and local sales and use tax laws, in common, and the following people plicated a process. Incidentally, some and it eliminates the competitive dis- would be Al Cardenas, the most recent of the online companies opposing this advantage for the small retailers in the chairman of the American Conserv- bill sell the very same program. They State. It is an advantage that is cur- ative Union; the late William F. Buck- make it available to a number of pro- rently enjoyed by the remote retailers ley; Art Laffer, who is President Rea- viders. So it is already being used by at the expense of those small busi- gan’s favorite economist; Governor retailers across the country to accu- nesses. Mike Pence, the conservative Governor rately collect and remit State and Additionally, the Marketplace Fair- of Indiana; Governor Gary Herbert; local sales and use taxes. ness Act does not tax Internet use. I re- Governor Robert Bentley; former Gov- In addition, opponents of the Market- peat that it does not tax Internet use. ernor Mitch Daniels; and former Gov- place Fairness Act argue that our bill It doesn’t even tax Internet services. ernor Jeb Bush, you might say: What violates States rights by setting tax For many years I have worked with all do they have in common? rates. In fact, our bill does not change the interested parties to find a mutu- Well, they are Republicans; that is State law. It does not require States to ally agreeable legislative package to right. They are conservatives; that is do anything. The bill does not create enact this bill. true. But the other thing we could say new taxes or increase existing taxes. It This Congress, I’ve worked with Sen- is they all support the Marketplace simply gives the States the ability to ator DURBIN, Senator ALEXANDER, who Fairness Act or the principles that un- collect the taxes owed, to enforce their as I mentioned inserted the States derlie it. own sales and use tax laws. rights approach to this issue that re- Why is that? Because the Market- Our bill is a States rights bill, which duced the bill from about 35 pages place Fairness Act is a 12-page bill is why the National Governors Associa- down to about 9 pages, and Senator about two words, which are States’ tion, the National Conference of State HEITKAMP, who has been involved in rights. If I am the Governor of Ten- Legislatures, the National Association the court case as all of these e-fairness nessee—which I once was—and I am of Counties, and the National League challenges have progressed. sitting down there thinking: Well, we of Cities support the bill. Wyoming When the Supreme Court heard this have a State sales tax in Tennessee passed a law in 1934. It says: If someone challenge and realized there are some such as almost every State has, and buys something out of State and they other things coming along that could the way we collect it is this—let’s say do not pay sales tax on it, by the end greatly distress States if they don’t I am in my home town of Marysville, of the month they have to fill out a take some action because of what the TN, and I want to buy a television set. form which they have and submit the courts could do, I worked together with I can go downtown to buy it from one money. Our bill makes it easier for the three colleagues I mentioned and 26 of my local stores. They collect the Wyomingites to comply with this law. of our Senate colleagues to produce a State sales tax, which in our State, in- Most people don’t realize this, but it is bipartisan bill that helps sellers, cluding State and local taxes, is nearly much easier if the person who collects States, and local governments to sim- 10 percent. They send it to the State. If I go online or into a catalog and the sales tax is the one who sells the plify sales and use tax collection and order the same television set, the seller item. administration. does not collect it. This bill is about al- Opponents of the Marketplace Fair- We are working with our House sup- lowing the State of Tennessee to decide ness Act also suggest it benefits big porters, including House of Representa- whether it wants to require the out-of- business at the expense of small online tive Members STEVE WOMACK, JACKIE state sellers to do the same thing that retailers. Remember I mentioned that SPEIER, PETER WELCH, and JOHN CON- instate sellers do, whether it wants to $1 million exemption if a business sells YERS, and have found common ground prefer some distant seller over the less than $1 million online? They are on this important issue that is sup- local man and woman on Main Street, not subject to this bill. That is to give ported by more than 200 groups. I pub- the mom-and-pop stores. That is the small businesses a chance to grow into licly commend all of my Senate and decision. big businesses—and we do hope they do House colleagues in taking a leadership Whatever decision they would make, pass that $1 million threshold. In fact a role in working on this important pol- the question is this. Do you think we $2 million threshold would be fine with icy issue. should be deciding that for Tennessee? me. I strongly encourage my colleagues Our Governor doesn’t think so, our But the exemption already protects to support the goals of States rights Lieutenant Governor doesn’t think so, small businesses. Last year a Small and a level playing field for all busi- our legislature doesn’t think so. They Business Administration study deter- nesses—making sure the revenue that don’t trust Washington to make the de- mined that the small seller exemption is owed particularly for small towns cision. They trust themselves to make included in the Marketplace Fairness makes it to the small towns—by push- that decision. Act would exempt 99.96 percent of all ing for the enactment of the Market- Ohio doesn’t think so. Ohio has al- sellers from the bill’s requirements. So place Fairness Act this year. ready taken a look at this subject and it is just the big ones that fall into this I yield the floor for my colleague, said: We would prefer to collect our bill. Senator ALEXANDER, who has done an sales tax from everybody who owes it. Opponents of marketplace fairness outstanding job on this subject. Rather than have everybody in Ohio suggest it creates a massive new tax The PRESIDING OFFICER. The Sen- fill out a form every time they go on- requirement. The truth is the bill that ator from Tennessee. line to order from a catalog, Ohio passed the Senate with an over- Mr. ALEXANDER. Senator ENZI has wants to require the out-of-State sell- whelming bipartisan vote of more than been a leading proponent of the Mar- ers do the same thing in-State sellers two-thirds of the Senate last year does ketplace Fairness Act. I congratulate do, and that is to collect the tax when not create any new taxes. him for his persistence in recognizing they sell it. Ohio has said if they do Consumers already owe the sales and its importance. that, they will lower taxes. use taxes on the goods they purchase if I will make three points in support of Ohio has already passed a law and they reside in a State that has a sales what he said: No. 1, why conservatives says if Congress passes the Market- tax—whether those purchases are made support it; No. 2, why it is easy to do; place Fairness Act taxes in Ohio will over the phone, by mail or by the that is, to comply with it; and No. 3 is go down. Internet. Unfortunately, as I men- to ask the basic question, which is: Do Madam President, I ask unanimous tioned, most consumers are unaware you trust Washington or do you trust consent to have printed in the RECORD that they are required to pay the tax your Governor and your State legisla- following my remarks a list of conserv- when the retailer does not collect it at ture to decide what your State taxes atives and Republican Governors who the time of the purchase. ought to be? Do you trust Washington support e-fairness and why they do so. Marketplace fairness provides States or do you trust people closer to home? The other point is how complicated is the authority to reduce the burden of I will begin with why conservatives this for somebody who might sell on- self-reporting from consumers and support it. If I were to ask the ques- line? Well, as Senator ENZI said, it ex- allow States to enforce the existing tion, what do the following people have empts 99 percent of all out-of-state

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.006 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6128 CONGRESSIONAL RECORD — SENATE November 19, 2014 sellers. So if you are selling on eBay collect the tax, because that means our There being no objection, the mate- today and you are worried about this local businesses are being dealt with in rial was ordered to be printed in the bill, the chances are 99 out of 100 it is an unfair way. RECORD, as follows: not you this bill affects because it has I also don’t think Tennesseans appre- CONSERVATIVES & REPUBLICAN GOVERNORS a $1 million exemption. ciate what will happen if we don’t act, SUPPORT E-FAIRNESS But even if it did affect you, how because do you know what is going to William F. Buckley, Editor At Large, Na- hard would it be to comply with the re- happen? The Governor is going to col- tional Review: ‘‘The mattress maker in Con- quirements. It must not be too hard be- lect the sales tax. How is he going to necticut is willing to compete with the company in Massachusetts, but does not like it if cause you could also go on eBay, I am do it? Well, he is going to have to start assured, and you can purchase software out-of-state businesses are, in practical auditing everybody. terms, subsidized; that’s what the non-tax from eBay that costs $15 or $20 and it If you buy online—which everybody amounts to. Local concerns are complaining will do the work for you. In other almost does today; just think of the about traffic in mattresses and books and words, if you are selling something on- Christmas season coming up—you records and computer equipment which, or- line and you are selling it to Maryville, would have to write down every single dered through the Internet, come in, so to TN, they will put the zip code in and thing you bought. You would have to speak, duty free.’’ (William F. Buckley, ‘‘Get tell you the tax. You can collect it and put the tax down, and you would have That Internet Tax Right,’’ National Review remit it to the State government. It is Online, 10/19/01) to send it in—that is the law. That is a Arthur B. Laffer, Wall Street Journal: ‘‘In- about as easy as what I do every morn- very difficult thing to do and most peo- state retailers collect sales taxes at the time ing. ple don’t do it. of purchase. When residents purchase from I go to my computer, I type in So the easy way to do this and the retailers out of state (including over the ‘‘Google,’’ put my zip code in, and I put right way to do this is for Congress to Internet) they are supposed to report these ‘‘weather.’’ I want to know it is 24 de- pass the Marketplace Fairness Act, purchases and pay the sales taxes owed— which are typically referred to as a ‘‘use grees in Washington, DC, this morning. which is a 12-page bill about two It tells me in an instant. tax.’’ As you can imagine, few people do. The words—States rights—and say to Ten- result is to narrow a state’s sales-tax base. It If you are selling online—unless you nessee, Wisconsin or Wyoming, of are selling more than $1 million in out also leads to several inefficiencies that, on course you should make your own deci- net, diminish potential job and economic of state sales it doesn’t affect you at sion about how to collect your taxes. growth. Exempting Internet purchases from all. If you need some help to figure Let them decide, as Ohio decided. They the sales tax naturally encourages con- that out, you can get software that fig- will collect the State sales tax which is sumers to buy goods over the Web; worse, ures out the tax for you. already owed from everybody who owes the exemption incentivizes consumers to use But remember, all we are asking—we in-state retailers as a showroom before they it. The collectors of the tax will be are not even saying that we think if do so. This increases in-state retailers’ over- anyone who sells into Ohio or Ten- you sell online or if you sell by catalog all costs and reduces their overall produc- nessee or Wisconsin or Wyoming. that you ought to be made to collect tivity.’’ (Arthur B. Laffer, ‘‘Tax Internet the tax when you sell. We are just say- That is the fair thing to do. That is Sales, Stimulate Growth,’’ The Wall Street the right thing to do. That is what re- Journal, 4/17/13) ing we think States should make the Al Cardenas, former Chairman of the decision about their own tax policy spects our constitutional federalism and the 10th Amendment to the Con- American Conservative Union (ACU): ‘‘When which is consistent with the 10th it comes to sales tax, it is time to address Amendment to our Constitution. stitution. It shows that we in Wash- the area where prejudice is most egregious— That leads me to my last point. The ington, DC, aren’t so arrogant to think our policy towards Internet sales. At issue is real issue here is two words. You can that we should make those state tax the federal government exempting some make a lot of good conservative rea- decisions. Internet transactions from sales taxes while I conclude by saying I just had the requiring the remittance of sales taxes for sons why this bill attracted half the identical sales made at brick and mortar lo- support of Republicans and passed with pleasure of going through a reelection campaign. A lot of Members, about cations. It is an outdated set of policies in 69 votes when it was considered by the today’s super information age, when families Senate, and why it has so much sup- one-third of the body, were in an elec- every day make decisions to purchase goods port from Governors and mayors of all tion this year. I was trying to remem- and services online or in person. Moreover, political persuasions across the coun- ber this morning if one single person it’s unfair, punitive to some small businesses try. But the bottom line is all we pro- came up to me in the past 2 years and and corporations and a boon for others.’’ (Al posed to do is to let States make deci- said: I just wish you would give Wash- Cardenas, ‘‘The Chief Threat To American Competitiveness: Our Tax Code,’’ National sions about their own tax policy. ington more control over how Ten- nessee collects its taxes. Review Online, 11/8/11) The Supreme Court more than 20 Charles Krauthammer: ‘‘The real issue years ago said it was too complicated I don’t think one single person said here is the fairness argument—that if you’re to require businesses to collect, but that to me. But I will guarantee that an old fashioned store, you have to have they invited Congress to create a way about every other person said to me: I your customers and you pay the sales tax that was simple enough to do that. wish you would stop Washington from and online you don’t. Which, I mean, you’re Twenty years has gone by, software is telling us to do things or decide things already at a disadvantage if you’re an old already available, the Internet is ad- that we should be deciding for our- fashioned store: you have to have, you have selves. to cover rent, you have to cover insurance vanced, and so today it is very easy to and all that. So I think you want to have do. That is what this bill is about. This something that will level the playing field. There is no reason in the world for bill empowers every State to make its You can do it one of two ways. You abolish Senators to say: You know, I just flew own decision about how to collect its all sales taxes for real stores and nobody from Nashville today. It took me an taxes—to do what Ohio did, to do what pays. Or you get the Internet people to pay hour. That makes me a lot smarter other Governors have said. We are the sales tax as well. I think the second one than the Governor of Tennessee, so I going to collect it from everybody who is the only way to do it, obviously.’’ (‘‘Friday am going to decide for Tennessee already owes it and, when we do, we Lightning Round: Internet sales tax bill,’’ whether it can collect all the taxes are going to lower everyone’s taxes. Fox News Special Report with Bret Baier, 4/ 26/13) that are already owed. I am going to That would be a very happy result. Wisconsin Governor Scott Walker: ‘‘Since say I am going to let the Governor of We have 2 or 3 weeks left in the ses- taking office, it has been my priority, and Tennessee make that decision. If I were sion. This Senate has fully considered the priority of a number of members of the the Governor of Tennessee, I would col- this. The bill is in the House of Rep- legislature, to provide tax relief to middle lect it, and I might lower the taxes for resentatives. I very much hope that the class families, and to foster an environment everybody. I don’t think it is fair to Speaker and the Members of the House that promotes job creation. I want to make say to shopkeepers in Maryville, TN, will decide that it is time to pass the clear, should federal Marketplace legislation become law, my intention would be for any that you have to collect the tax and Marketplace Fairness Act and recog- resulting additional revenue be used to pro- send it to the State, but to say to some nize the principle of States rights in vide individual income tax relief for Wiscon- seller in Illinois or some catalog seller the spirit of the 10th Amendment of sin’s taxpayers.’’ (Letter to Wisconsin Con- in North Dakota that you don’t have to our Constitution. gressional Delegation, 5/15/2013)

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.048 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6129 New Jersey Governor Chris Christie: Gov- online sales tax bills would improve the a letter sent Thursday, Branstad encouraged ernor Chris Christie: ‘‘I just want to make state’s fiscal situation, and stressed that the his home-state senators to support a solu- clear that I have been working on this issue legislation would not create a new tax. ‘The tion that he said would close a longstanding in my role on the executive committee of the bills will give Alabama the authority to col- loophole. ‘I understand that the coalition National Governors Association because it is lect sales taxes—as we currently do from supporting this legislation is now very broad an important issue to all the nation’s gov- local brick-and-mortar retailers—that are which gives me hope that, under your leader- ernors. And I too—along with governors like already owed from online retailers,’ Bentley ship, this legislation can be passed yet this Governor Daniels and others—urge the fed- wrote in a letter dated April 19. ‘Allowing us year,’ Branstad wrote to Sens. Chuck Grass- eral government and the Congress in par- to effectively close this sales tax loophole ley (R) and Tom Harkin (D). ‘The Internet is ticular to get behind Senator Lamar Alexan- would help both our state’s finances and our now a robust, mature and dynamic market- der’s legislation to allow states to be able to state’s small businesses.’’’ (Bernie Becker, place that does not warrant special protec- make these choices for themselves. And I ‘‘Alabama Governor Gets Behind Online tions,’ he added. ‘The application of sales think Senator Alexander’s legislation would Sales Tax Push,’’ The Hill, 4/25/12) taxes only to ‘brick-and-mortar’ retailers, be a great step forward in that regard. It South Dakota Governor Dennis Daugaard: many of which are small businesses, puts would give states options to decide how they ‘‘On March 11, South Dakota enacted S.B. those very entities at a competitive dis- want to deal with this and not have to any 146, sales tax legislation that requires out-of- advantage.’’’ (Bernie Becker & Kevin longer deal with the federal prohibition on state retailers that sell to in-state residents Bogardus, ‘‘GOP Governors Bolster Sales dealing with it. So, it would allow us to do it to notify their customers of their personal Tax Push,’’ The Hill, 6/10/12) in a much more uniform and broader way. use tax obligation. Under the law, online Former Indiana Governor Mitch Daniels: So, I’m with Governor Daniels on this and sellers are required to provide clear notice to ‘‘[S]ales taxes that [states] impose ought to other Republican governors—Governor Sny- consumers during the checkout process that be paid, and paid by everybody equally and der of Michigan and others who feel strongly a South Dakota use tax is due.’’ (Rosemary collected by everybody in the retail business about it. And we’ve been working on it at the Hawkins, ‘‘Sales Tax Bills Pass In Arkansas . . . We’re not talking about an additional or National Governors Association and I know And South Dakota,’’ American Booksellers new tax here—we’re talking about the collec- we will continue to and hope to get some Association, 3/3/11) tion of a tax that’s existed a long time.’’ type of resolution to it by the end of this Maine Governor Paul LePage: ‘‘Last week, (Jeremy Hobson, ‘‘Indiana Makes A Deal year.’’ (Press Conference, Governor Chris Gov. Paul LePage, R–Maine, wrote his With Amazon On Sales Taxes,’’ Marketplace Christie, 5/31/12) state’s two U.S. senators, Republicans Susan Business, 1/12/12) Utah Governor Gary Herbert: ‘‘On March Collins and Olympia Snowe, to urge them to Former Mississippi Governor Haley 24, 2012, Utah Governor Gary Herbert signed back legislation introduced by Sens. Mike Barbour: ‘‘. . .[E]-commerce has grown, and into law an affiliate nexus bill that will re- Enzi, R–Wyo., Dick Durbin, D–Ill., and there is simply no longer a compelling rea- quire certain remote sellers to collect and Lamar Alexander, R–Tenn., that would close son for government to continue giving online remit Utah sales tax, effective July 1, 2012. a loophole left by a 1992 Supreme Court deci- retailers special treatment over small busi- An out-of-state seller will be considered to sion. The high court ruled that states can’t nesses who reside on the Main Streets across have nexus in Utah if the seller holds a sub- require retailers such as catalog and now on- Mississippi and the country. The time to stantial ownership interest in, or is owned in line retailers to collect sales taxes from cus- level the playing field is now . . .’’ (Letter whole or in substantial part, by a related tomers in states where those companies have To Sens. Enzi And Alexander Endorsing S. seller, and the seller sells the same or a sub- no physical presence. ‘There’s no denying 1832, The Marketplace Fairness Act, 11/29/11) stantially similar line of products as the re- that passing the bill would give thousands of Former Florida Governor Jeb Bush: ‘‘It lated seller and does so under the same or a small Maine businesses a real boost,’ LePage seems to me there has to be a way to tax substantially similar business name, or the wrote. ‘Through no fault of their own, fed- sales done online in the same way that sales place of business of the related seller or an eral policy now gives some out-of-state cor- are taxed in brick and mortar establish- in-state employee of the related seller is porations an unfair advantage over other ments. My guess is that there would be hun- used to advertise, promote, or facilitate Maine retailers.’’’ (Juliana Gruenwald, ‘‘Tea dreds of millions of dollars that then could sales by the seller to the purchaser.’’ (‘‘Utah Party Governor Is Backing Net Sales Tax be used to reduce taxes to fulfill campaign Enacts Affiliate Nexus Bill,’’ Sales Tax Insti- Bill,’’ National Journal, 3/20/12) promises.’’ (Letter To Florida Governor Rick tute, 3/24/12) Nevada Governor Brian Sandoval: ‘‘ ‘The Scott, 1/2/11) Tennessee Governor Bill Haslam: ‘‘The Na- only way to completely resolve this issue is tional Governors Association applauds your for Congress to enact legislation that, within Mr. ALEXANDER. I yield the floor. efforts to level the playing field between a simplified nationwide framework, grants The PRESIDING OFFICER. The ma- Main Street retailers and online sellers by states the right to require collection by all jority leader. introducing S. 1832, the ‘Marketplace Fair- sellers,’ Sandoval said in a statement.’’ (Ed Mr. REID. I know the block of time ness Act.’ This common sense approach will Vogel, ‘‘Gov. Sandoval Reaches Sales Tax for the majority leader starts at 2 allow states to collect the taxes they are Deal With Amazon,’’ Las Vegas Review-Jour- o’clock, but I wanted to say while Sen- owed, help businesses comply with different nal, 4/24/12) ator ENZI and the senior Senator from state laws, and provide fair competition be- Idaho Governor C.L. ‘‘Butch’’ Otter: ‘‘Gov. Tennessee are on the floor how much I C.L. ‘Butch’ Otter backs taxing Internet tween retailers that will benefit consumers.’’ appreciate and admire their advocacy (National Governors Association Letter To sales to level the playing field between vir- Sens. Durbin, Enzi, Tim Johnson And Alex- tual businesses and brick-and-mortar estab- for marketplace fairness. ander Endorsing S. 1832, The Marketplace lishments on Idaho’s Main Street. Otter It is so unfair. I go home to Nevada Fairness Act, 11/28/11) made the remarks to Idaho chamber of com- and I see in those little strip malls Indiana Governor Mike Pence: ‘‘I don’t merce leaders meeting in Boise on Monday.’’ ‘‘For Lease.’’ One reason they are for think Congress should be in the business of (‘‘Idaho Governor Supports Internet Sales lease and they are not operating is be- picking winners and losers. Inaction by Con- Tax,’’ The Associated Press, 1/30/12) cause people who can go online don’t South Carolina Governor Nikki Haley: gress today results in a system today that want to pay the taxes that support the does pick winners and losers.’’ (House Judici- ‘‘ ‘And I will tell you regardless of what hap- ary Committee, Hearing On ‘‘Constitutional pens with Amazon, we want them. I have people of the State of Nevada. Limitations On States’ Authority To Collect told them we want you to do business in this It is so wrong, what is going on, and Sales Taxes In E-Commerce,’’ 11/30/11) state, but we want you to do it on a level I can’t imagine why we can’t move this Michigan Governor Rick Snyder: ‘Tech- playing field. They got free property, they legislation forward. This has taken nology currently exists to quickly and effec- got tax incentives, they got plenty of things. years and years. It is so unfair. tively calculate taxes due on sales and can Don’t ask us to give you sales tax relief Many businesses have gone bankrupt, be easily be integrated into online retailers’ when we’re not giving it to the book store out of business as a result of not hav- operations,’ wrote Snyder, a onetime venture down the street or we’re not giving it to the ing a level playing field. It is very un- capitalist and former executive at the com- other stores on the other side of town, it’s puter company Gateway. ‘It is time for Con- just not a level playing field.’’’ (Press Con- fortunate we are having problems get- gress to grant states the authority to enforce ference, Governor Nikki Haley, 4/28/11) ting this done. sales tax and use laws on all retailers doing Iowa Governor Terry Branstad Supports I do not understand the House—why business in their state.’ (Bernie Becker, Federal E-Fairness Legislation: ‘‘Gov. Terry they feel the way they do. I don’t un- ‘‘Michigan Governor Joins Online Sales Tax Branstad of Iowa this week became the lat- derstand it, but they do, and I think it Chorus,’’ The Hill, 5/11/12) est in a string of top Republican state offi- is unfair. Alabama Governor Robert Bentley: ‘‘Ala- cials to back federal legislation giving states I don’t think we are getting the sup- bama’s Republican governor has urged law- more freedom to collect online sales taxes. port we should from retail people. They makers from his state to support online sales Branstad’s letter of support, obtained exclu- tax legislation, adding to the growing roster sively by The Hill, comes not long after an- have to talk to their Members when we of GOP officials who are on board with the other prominent Republican governor, Chris go home and talk to Senators. Of idea. Gov. Robert Bentley told Alabama’s Christie of New Jersey, also urged Congress course, there are people in town who two senators and seven House members the to get moving on sales tax legislation . . . In make a lot of money representing these

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.001 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6130 CONGRESSIONAL RECORD — SENATE November 19, 2014 shopping centers and retail merchants. Center. It was, at the time, a new limbo. They are in the shadows. They They get paid a lot of money to rep- place, named after the first non-Indian are in darkness. resent them in Congress. I think they to see the Las Vegas valley—Rafael Ri- President Obama, fortunately, is are not doing a very good job if they vera. I have a painting in my office going to do something to give them can’t convince Members of the Senate that reflects that. So we went to that just that, a line to come forward, a line and the House that this legislation center, and I can remember so clearly that he recognizes must be done to get should have passed a long time ago. these mostly women crying over the the system started. Madam President, the hour of 2 fact that their husbands had lost their We can’t give these people their o’clock is almost here. Please explain jobs, they were being deported, and green cards and put them on the path to me and the people who are watching they had little American boys and girls to citizenship immediately. Only Con- what happens at 2 o’clock. there with them. These were boys and gress can and must finish the job in The PRESIDING OFFICER. Under girls who had been born in the United overhauling and rewriting these laws. I the previous order, the time until 3 States. I thought, gee, that is terrible. want to be clear that Executive action p.m. will be under the control of the I mean the suffering and the sadness. I is important, but it is not a substitute majority. have never forgotten that, and that is for legislation, and the Speaker should The majority leader. one of the main reasons I have worked understand that. f so hard on immigration reform. Yes, we passed a bill. The President In light of the Republicans’ inaction, will be happy to sign such a bill. But IMMIGRATION REFORM and our action and our advocacy of this because Republicans have refused to Mr. REID. Madam President, today issue, it seems to me what the Presi- legislate, President Obama is taking marks the 510th day as so well rep- dent said at his State of the Union Ad- what steps he can to keep these fami- resented on the poster the Senator dress is really applicable here. Here is lies together and enforce the laws. The from California had on display. That is what he said: If the Republicans con- President is acting within his legal au- how long it has been since we passed an tinue to do nothing, I am going to be thority to use his Executive power to immigration reform bill—comprehen- forced as the President of the United improve the immigration system. sive immigration reform. The House of States to do something by Executive Did he just dream this up one night Representatives simply has refused to order. And I am glad. I am glad he is meeting with his staff? Did someone address this issue. They have refused to going, in the next couple of days for suddenly come to him and say, I have address the fact that we have a broken sure, to use his constitutionally estab- a great idea. Why don’t we try to do immigration system that needs to be lished authority to fix as much of our something different? He is going to do fixed. All the Speaker would have to do broken immigration system as is pos- something that has been tried 39 times is bring this up for a vote and it would sible. He told everybody he was going since Dwight Eisenhower was Presi- pass. The bill that passed here 510 days to do it in his State of the Union and dent. Virtually every President since ago would pass the House overwhelm- he has waited and waited and nothing Eisenhower was President has done Ex- ingly. But he refuses to bring it up. has happened. ecutive actions as relates to immigra- In this bill we passed 73 weeks ago, Some Republicans are threatening to tion. we were able to pass comprehensive shut down the government. They have I would also say to my Republican immigration reform because Senate done it once before, so I guess we friends who are always talking about, Democrats and Republicans recognized should take their threat seriously. boy, we have to do something impor- that our immigration laws are failing They want to shut down the govern- tant financially for the good of this the American people. We sent that ment because of what the President country, why not pass this bill? It same bipartisan bill to the House 17 said he is going to do and what he is would benefit our country to the tune months ago. For the last 17 months, going to do. But this isn’t about the of $1 trillion. the House Republicans, led by a small, Republicans and President Obama, this I strongly support the steps the vocal, really radical group, has forced is about where the Republicans stand President is going to take. I support the Speaker, I assume, not to do any- with the immigrant community. him, and I hope he does it as soon as thing. They have neglected to tackle My father-in-law, my wife’s dad, was possible, because his Executive action the real issues affecting our immigra- an immigrant. He was born in Russia. will help keep families together and tion system. He came to the United States to escape focus law enforcement resources on We have talked about 510 days, we the oppression in Russia. So this whole real criminals. have talked about 73 weeks, and we issue is about how Republicans stand We have waited a long time for House have talked about 17 months. That is with the immigrant community. Republicans. Since they won’t act, the enough time for them to consider the The immigrant community is what President will, and he should act. bill the Senate considered and passed has made this country what it is. Those The PRESIDING OFFICER (Mr. in just a few weeks, but they still who will come forward under this Exec- COONS). The Senator from New York. refuse to do anything, even as families utive action the President is going to Mr. SCHUMER. Mr. President, I rise across the country have been ripped take are, with rare exception, hard- today to remind my colleagues that it apart. working immigrant dads and moms has been over 500 days since the Senate I have been present at meetings, who are supporting their families. passed a strong bipartisan bill to fix meetings—I remember one of the last They came to America for the same our broken immigration system. at the White House—where the Repub- reasons early immigrants came to There is a lot of hand-wringing going lican leaders of the House and Senate America, just like my father-in-law, on on the other side of the aisle about have said: Give us some time, give us Earl Gould, did. By the way, he the President taking Executive action, some time. We have given them time— changed his name when he came to the as he has now announced he intends to 510 days, to be exact. And they are al- United States. He came here as Israel do. Republicans are saying that any- ways saying: Let’s do something. Well, Goldfarb, and he changed his name, as thing and everything is on the table to something is not enough, they need to many immigrants have done. stop the President from taking Execu- do comprehensive immigration reform, As my father-in-law did, the people tive action. Well, if the bounds are any- and they refuse to do that. who are going to come here under this thing and everything, I have a sugges- So in light of the fact that families Executive order can build a better life tion. Pass our bill. It is a very simple are being ripped apart—and there is no for themselves and their families. They suggestion. question they are. The first time I saw have deep ties in America. They work If the House votes on our bipartisan this, where I really felt it in my heart, hard. As I have indicated, they have bill, the discussion about Executive ac- Bill Richardson, with whom I served in spouses and children. Under our broken tion would be made moot. It is the the House—he was Secretary of Energy immigration system, there is no line other body of Congress that has led us and Ambassador to the United Na- for these people to get into, no process to the point where we are today. The tions—he came to Las Vegas, and he for them to sign up for, and no way to only reason the administration has to said: Let’s go out to the Rafael Rivera remedy this situation. They are in take Executive action is because the

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.050 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6131 House has failed to address our broken more, while leveling the playing field When we got this bill passed we were immigration system. I think everyone for American workers. Because of in- almost certain the House would pass it. on our side agrees it would be far pref- ternal enforcement, when someone It is a conservative bill, and try and erable to pass the bipartisan bill that crosses the border and doesn’t have a try and try as they might, they passed the Senate 68 to 32 than any Ex- real job available and has no family couldn’t. So now we are up to the last ecutive action. connection, they can’t stay. They hours of this Congress and there is one Let me say a few things. The bill is a won’t get a job. more chance. Just put the bill on the bipartisan bill with support from every Many of our labor friends are for this floor, Speaker BOEHNER. You don’t corner of the political map—business, bill. The construction trades, which have to twist a single arm. It has the labor, evangelicals, Catholics—and it probably suffer more from illegal im- votes to pass. It will do America so has been sitting on the shelf gathering migration than any other, are strongly much good. dust for 500 days. So it is the absolute for our bill. The bill clears the employ- I love America. I want to see us stay height of hypocrisy for House leader- ment and visa backlogs so American No. 1 in every way and economically ship to say that now Congress should businesses can have access to the work- above all. This bill will do it more than be in the driver’s seat on immigration ers they need and their families will be anything else we could do. reform when they refused to take the united, decreases family wait times at I would say to my colleagues, don’t wheel. our bridges and ports of entry. It is be afraid of the Tea Party. They are And let me say this, Mr. President. I great for the tourism industry, making afraid of the word ‘‘amnesty,’’ even don’t think anyone has any faith that it easier for foreign travelers to spend though the bill is not amnesty at all as if they were given another 3 months or their dollars here instead of somewhere I mentioned. But Rush Limbaugh says 6 months or 9 months that they would else and, finally, a tough but fair path- ‘‘amnesty’’ incessantly, and I know my come to any kind of real bill. They way to citizenship. Republican colleagues—I am a political can’t. They have the tea party. Such a The other side says it is amnesty. guy in some ways—they are afraid pri- high percentage of their primary voters They are listening to Rush Limbaugh— mary voters that skew far right believe strongly argue against doing a bill. In amnesty, amnesty, amnesty. Amnesty it is amnesty. The Tea Party may be a fact, many of those tea party types are means you get away with it without sliver of the American public, but they saying shut down the government. paying a price. Here is the price some- are a huge percentage of primary vot- The dithering and dawdling on the one has to pay if they cross the border ers in too many Republican districts House side is particularly perplexing illegally: No. 1, they have to pay all and that is what they are afraid of. because our bill would achieve so many their back taxes; No. 2, they have to Talk about courage. Talk about loving goals the Republicans claim are part of keep working; No. 3, they have to the country. Talk about doing the admit wrongdoing; No. 4, they have to their agenda. It would secure the bor- right thing. We have to pass the bill. der, create jobs, add economic growth, pay a fine; No. 5, they have to learn The real Republican Party position and cut the deficit. English; No. 6, they have to go to the on immigration is pretend to be pro- The bipartisan bill that passed the back of the line, which is what our col- immigration reform rhetorically but leagues on the other side of the aisle Senate provides more than $40 billion never allow immigration reform to have always asked for. to secure our border. This would mean come to a vote. That is the bad news. This system was set up by none other more than doubling the Border Patrol The good news is there is still time than MARCO RUBIO in our Gang of 8, presence on our Southwest border, to fix it. So I urge my colleagues, avoid and it says: If somebody crossed the completing the border fence, setting up this conundrum, avoid your dilemma border illegally in 2008, but someone much more surveillance technology— that you will create. Pass the bill, and else has waited patiently at the Em- sensors, drones, many of which are so bassy since 2007, the 2007 person gets to we will not even have to debate Execu- good they can detect—these are the come into this country before the 2008 tive action. drones that surveil, not shoot—they I yield the floor. person. can detect the difference when a deer Because of all this, here is what the The PRESIDING OFFICER. The Sen- or a person crosses the border. They bill does: ator from Washington. are not on the border now. First, it would grow the economy by Mrs. MURRAY. Mr. President, I have Yes, the border needs help. Blocking 3.3 percent over the next 10 years and come to the floor to talk about one of our bill, not passing our bill, keeps the 5.5 percent over 20. No Republican tax the most important issues facing our status quo, which nobody likes. Pass- cut, no Democratic spending program Nation as we have been hearing for the ing our bill solves the problem. With a would have that effect—and without past 15 minutes; that is, our long- Republican amendment authored by any cost to the deficit. In fact, at the standing, desperate need to finally fix the Senator from Tennessee, Senator same time we are growing our economy our Nation’s broken immigration sys- CORKER, and the Senator from North with this proposal—this is CBO, not tem. Dakota, Senator HOEVEN, that tightens CHUCK SCHUMER—we reduce the deficit Too often in the debate about immi- up the border tougher than it has ever by $150 billion in the next 10 years and gration it is difficult for some people been. $900 billion over the next 20 years. So to understand that the millions of un- The bipartisan bill also strengthens $1 trillion in savings, as we benefit documented families in our country are interior enforcement of our immigra- America. already an important part of our com- tion laws. So many of my colleagues on The bill has unprecedented support: munities. Immigrants work hard and the other side of the aisle keep saying the U.S. Chamber of Commerce, the they pay their taxes, they send their E-Verify, E-Verify, E-Verify. Well, it is guardian of business interests; the children to American schools, and they in the bill to crack down on unscrupu- AFL–CIO, the protector of American make up a critical part of the fabric of lous employers requiring an entry-exit workers; the faith community, our society. They are Americans in all tracking system at our airports and evangelicals, Protestants, Mormons. but name. seaports to catch people who overstay The liberal and conservative religious So when we talk about immigration their visas, and reforming and clari- sectors in America are for our bill, reform, we are not talking about some fying the list of violent crimes that America’s farmers, growers, and Amer- vague philosophical issue. This is an make an immigrant deportable so law ican farmworkers, law enforcement, issue that impacts families, it impacts enforcement officials have the tools the immigrant rights community. our businesses, it impacts our national they need to keep us safe. So the historic coalition came to- security, and it impacts what we stand For America to remain competitive, gether because again this bill strength- for as Americans. we must have a legal immigration sys- ens our borders and national security, It is not a new issue either. It is tem that works. Right now we have it provides an enormous boost for the something we have been debating and backwards. We turn away people who American economy, fairly and conclu- arguing about for more than a decade, would create jobs. Our bipartisan bill sively addresses the status of people but it is something we have never been will change all that for farm workers, here illegally, and prevents future able to tackle, and that is not for the tech firms, entrepreneurs, and so many waves of illegal immigrants. lack of trying.

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.061 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6132 CONGRESSIONAL RECORD — SENATE November 19, 2014 As everyone here remembers, more mentation of deferred action for lies and communities and our economy than 500 days ago now the Senate did DREAMers to include people with and will make it much more difficult something remarkable. Members from strong ties to the United States who to put in place the lasting comprehen- different backgrounds and different have not committed serious crimes; to sive immigration reform we need. States and different parties came to- change implementation of our laws to I urge them to take the bipartisan gether to reach an agreement, and in make immigration and border enforce- path. I am ready and willing to work the Senate we passed a real bipartisan ment humane, nondiscriminatory, and with them if they do, and I know my coalition of 68 Republicans and Demo- respectful of due process; and, finally, I Democratic colleagues are as well. I crats, a comprehensive immigration re- have asked the President to improve know our country will be stronger for form bill that would finally start to fix the legal immigration system to keep it now and for decades to come. our broken immigration system. immigrant families together, to pro- I yield the floor. As we heard from the Senator from tect our workers, and to provide em- The PRESIDING OFFICER. The Sen- New York, it would improve our secu- ployers—from agricultural producers ator from California. Mrs. BOXER. Mr. President, I thank rity, provide businesses with the cer- to high-tech firms—certainty in a sys- my colleague from Washington for her tainty they need, and provide a real tem that has often left them without strong statement. It makes so much path to citizenship for the millions of answers. undocumented immigrants who are But I also want to be very clear that sense. We have this poster here, ‘‘510 Days.’’ forced to live in the shadows. administrative action is not a long- That is how long ago the Senate passed Not only was this bill a step toward term solution. Plain and simple, the the bipartisan immigration bill that fixing our broken immigration system, only way for us to permanently and ef- Senator MURRAY talked about and Sen- it was good for our economy. The Con- fectively fix our broken immigration ator SCHUMER talked about. That is 17 gressional Budget Office estimated laws is through comprehensive immi- months; 510 days is 17 months. that the Senate bill would reduce the gration reform legislation. Administra- So here is the deal. The Republicans deficit by nearly $1 trillion over the tive action is a bandaid, but it is better in the House refuse to take up the Sen- next two decades. than nothing, and nothing is what the ate bill, which strengthens the border So we sent the bill to the House of House Republicans are offering. while giving a pathway of legality to Representatives knowing the path for- So I also wish to say it has been hard-working immigrants here who are ward there might not be easy, but we deeply disappointing to hear that some undocumented. heard from Members of the House on of my Republican colleagues are now It is pretty simple but comprehen- both sides of the aisle that they also threatening to shut down the govern- sive—common sense. Here is the thing: knew immigration reform had to hap- ment just to keep families from get- They will not take up the bill. So then pen this Congress. ting some initial relief from the pain we say: What is your idea? Where is Back then, in June of 2013, we knew our broken immigration system is your bill? They don’t have one. we had time on our side. Speaker BOEH- causing. That is the latest example of So then President Obama, knowing NER had a full year and a half to do one extreme Republicans creating uncer- we have 11 million undocumented im- simple thing, bring the bipartisan Sen- tainty and threatening to hurt our migrants living in America, realizes he ate bill up for a vote. We knew then economy if they don’t get their way, can’t let this matter go on. He has what we still know today; that if the and it is the exact opposite of the ap- waited 100 days, 200 days, 300 days, 400 Speaker brought that bill up for a vote, proach Congress needs to take going days, 500 days. The country has waited it would pass with bipartisan support forward. for 17 months. and become law. We all know what happens when Tea So the President is going to do what But instead of doing that, the Speak- Party Republicans go down this road. Presidents are supposed to do, which is er sided with the Tea Party and refused We saw it just last year when we had a look at a problem that is hurting the to move our country forward. He has 16-day government shutdown that country and do his best to fix it. The made it very clear that the House will brought the day-to-day workings of the President has said to the House he refuse to act this Congress and ignore government and businesses across the would be thrilled to sign the bipartisan the historic opportunity we have. country to a screeching halt. That immigration bill the Senate passed. For years and years millions of im- shutdown, we all know, was bad for our Take it up and pass it. migrant families who have played by economy. It hit workers’ paychecks, it Oh, no. Do you know what their an- the rules—paid their taxes, raised their made families across our country ques- swer is? To verbally threaten the Presi- children in the United States—have tion whether their elected officials dent and, frankly, the American people waited and waited for action. They could get anything done at all. It was by such comments as—this is one that have organized, they have hoped and all because of a failed Tea Party polit- I heard the Republican leader MITCH they have prayed and they have trust- ical effort to repeal the Affordable Care MCCONNELL say: If he does this, if he ed the system would eventually work. Act for the umpteenth time. takes this action, if he takes action on The system has failed. So now it is Look. Even children understand that immigration, it would be like waving a time to act. flipping the table over doesn’t help win red flag in front of a bull. President Obama has made it clear the game. It just means someone has to No, it wouldn’t be. It would be a that because the House refuses to act— pick up the mess they just made. When President who understands that action because the House refuses to act—he it comes to Tea Party political tactics, is needed. Guess what. Eleven other will take administrative action before we have seen more than enough of that Presidents, Republican and Democrat, the end of the year to improve our im- in this Congress. have taken Executive action on immi- migration system, and I support his de- As we all remember, the budget deal gration. I never in all my years ever cision to do that. I reached with Chairman RYAN wasn’t heard one Republican take to task any The President’s authority to take ac- perfect—I know Chairman RYAN would of those other Presidents, and I will tion is well established. In fact, every say the same thing—but it was an im- give you the list of who they are: Presi- President since Eisenhower, including portant step away from brinkmanship dents Eisenhower, Kennedy, Johnson, Presidents Reagan and George H.W. and toward bipartisanship on the budg- Nixon, Ford, Carter, Reagan, George Bush, has used his authority to im- et. Bush, Sr., Bill Clinton, George W. prove the administration of our immi- In the next week Republican leaders Bush, and President Obama used his gration system and to focus enforce- are going to have an important choice authority for the DREAMers. ment resources on serious criminals to make. They can choose bipartisan- The charts are being held up to show rather than on hard-working immi- ship and continue to push the Tea you how many actions have been grants with deep roots in our commu- Party aside and work with Democrats taken. We have these two charts here nities. on issues such as the budget and fixing that show a lot of Executive actions by When the President does act, I have our broken immigration system or Presidents on immigration. encouraged him to do several things: they can go back to Tea Party-style What is wrong with my Republican expand the already successful imple- governing by crisis, which hurts fami- friends? Do they not know history or

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.063 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6133 are they just blindly attacking this children separated, and that, I guess, I was in the House when President President because they are annoyed doesn’t fall under the definition. Reagan signed into law a major immi- that he got reelected? It has been 17 months since we passed gration bill legalizing 3 million immi- Step up to the plate, smell the roses, our bill and either they are too lazy to grants in 1986, and then the Congress look at the reality. The reality is all take it up or they don’t want to take it didn’t do the next step. They didn’t these other Presidents have taken ac- up. They would rather threaten this take the next step. So he took Execu- tion. Look what the immigration coun- President. I just have to tell them, we tive action to stop deportations that cil says, the American Immigration have a Congress, we have a court sys- would interfere with family reunifica- Council said: tem, and we have a President. We don’t tion. President Reagan—I didn’t hear Past Republican presidents have not been have President McConnell, we don’t one Republican threaten to impeach shy to use the White House’s power to retool have President Boehner, we don’t have the President, sue the President, take immigration policy. In fact, Obama could President Reid, we don’t have Presi- action, shut down the government, learn a lot from Presidents Ronald Reagan’s dent Boxer. We have President Obama, make life miserable for the American and George H.W. Bush’s Executive actions to and he has to do his job. If you don’t people. No. But they are doing it now. preserve the unity of immigrant families and like it, that is fine. Lord knows I have In 1990, President George Herbert move past congressional refusal to enact im- served with five Presidents. I didn’t Walker Bush directed his Attorney migration reform. agree with them half the time, but I General to halt deportations of an esti- So, Earth to the Republicans: You didn’t threaten to shut down the gov- mated 190,000 Salvadorans who were refuse to take up the bipartisan Senate ernment or impeach them or sue them. fleeing the civil war there, and he used bill which strengthens our border while Now here is the deal: Why can’t they his power to halt the deportation of up giving a legal path to citizenship or le- find time to take up our bill? They to 1.5 million spouses and children. I gality to our undocumented, making have voted 50 times to repeal the Af- did not hear one Republican—not one— sure that those who commit crimes are fordable Care Act—50 times—but they threaten to sue the President, threaten deported. We look at what is happening cannot find time to debate or pass a to take him to court, threaten to im- in our ag community and fix that. bill to reform our Nation’s immigra- peach him, threaten to shut down the They won’t do it. tion laws. government and make life miserable I served in the House for 10 years. So they are stamping their foot and for the American people. saying what President Obama wants to The rules in the House are easy. It is President Bush’s family fairness pol- do is unconstitutional. Excuse me, un- nothing like the Senate where you icy Executive action was sweeping. It constitutional? Presidents Reagan, need unanimous consent to do any- affected more than 40 percent of the Bush, Clinton, Eisenhower—I read the thing, to even open up the Senate. In undocumented population in the list. They never said that before. They the House, if the majority, who are United States at the time. He thought never said that before. Carter, Ken- now the Republicans, wants to intro- big—George Bush, Sr.—he thought big, duce a bill, all they have to do is intro- nedy, Johnson, Nixon, Ford, Clinton, and this President should think big. Bush, Sr., Reagan, George W., and duce a bill. I will tell you why. If you ask eco- They won’t do it. It has been 17 Obama. Now they say to the Presi- nomic experts what are the best meas- months. Then the President says, oh, dent—and I don’t have the exact quote. ures we can do for our economy, they my God, we have got an issue here. Ev- We heard a comment from the Repub- are clear about it. They say one meas- eryone agrees we have 11 million un- lican leader. What they are basically ure we should implement is to raise the documented immigrants here. We have saying to the President is, If you do minimum wage. We Democrats are try- issues at the border. We have issues at your job, we are going to be mad. And ing to do that and we will never give up detention facilities. We have issues in what the President has said to them is, trying to do that. Reforming immigra- the ag industry. We have issues of fam- Please do your job. If you do your job, tion is another measure that is one of ilies being torn apart. The President is I won’t have to take Executive action. going to do what he can do, just as 10 the best ways to stimulate our econ- I would prefer to have this in legisla- other Presidents have done previously. omy and create jobs, and it is all laid tion. And as Senator MURRAY has said, So what does he get in response from out in a USC study which shows that that is the preferable road. But they ei- our Republican friends? Nothing that immigration reform with a path to ther won’t do it or they don’t want to would allay our concerns. They don’t citizenship would inject $8 billion into do it or they want another confronta- say, Mr. President, we understand your my State’s economy—my State of Cali- tion with the President. frustration. Don’t worry, we will get a fornia—each year—$8 billion each year. I think it was JOHN BOEHNER, the Re- bill done. It may not be the same as Nationwide it would increase our gross publican Speaker, who said if the the Senate. We have other ideas. They domestic product by $1.5 trillion over President takes this Executive action, do nothing. They are do-nothing and 10 years, increase wages for workers, which as I have shown you many other they want our President to be do-noth- and lead to between 750,000 to 900,000 Presidents have done, he will ‘‘poison ing when it comes to immigration. new jobs. That is almost a million new the well.’’ He is telling the President Frankly, if our President did not jobs created, according to the Center that if the President does his job—my take action, it would be a terrible mis- for American Progress. words—as 11 Presidents have done, it take. I have already established that So help me out here, Republicans. will ‘‘poison the well.’’ he is within his constitutional rights. What is your problem? You never com- And what are they going to do about He would be joining 10 other Presidents plained when Republican Presidents it? Who knows. Are they going to try who, by the way, acted on 40 occasions took Executive action to fix a broken to impeach the President or sue the over the last 60 years. So here is a immigration system. You say you are President? I guess they have to im- group of Republicans threatening to for jobs and the economy and business, peach 10 others. impeach the President, sue the Presi- and if you look at the support for im- And by the way, I wrote the Presi- dent, shut down the government over migration reform, it runs right dent a letter and asked him to take Ex- something that 11 Presidents have done through our society from the Chambers ecutive action. In my view, it is abso- over the past 60 years on 40 occasions. of Commerce to labor and everybody in lutely necessary, because if you follow I never ever, ever heard one Republican between. And if we don’t act, the dire the law, 11 million people could be de- or Democrat threaten to shut down the situation of undocumented immigrants ported—our neighbors, our friends, government when a President took ac- will only get worse. Families will con- families would be split up. tion over immigration. tinue to be torn apart. People will con- I thought Republicans were the party The Republicans won’t act. So what tinue to live in the shadows. The rea- of family values. Family values—I have do they think is going to happen, sta- son our economy will be thriving once been lectured on family values. Some- tus quo? The status quo doesn’t work. people get out of the shadows is they how if one supports a woman’s right to It is not working at the border. It is are not afraid to come out. They are choose and to get health care, it is not not working for our families. It is not not afraid to buy a house. They are not following family values, but one can working at the workplace. It is not afraid to spend money. They are not break up families and have parents and working in our communities. afraid to start new businesses. They

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.066 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6134 CONGRESSIONAL RECORD — SENATE November 19, 2014 are not afraid to hire workers. It is a and spouses of U.S. citizens and permanent cratic leaders sent a letter to Obama saying no-brainer. This is one of the most im- residents, and expand his 2-year-old program they strongly support his plans to take exec- portant things we can do for our econ- that shields immigrants brought illegally to utive action on immigration. this country as children. omy, for jobs, for prosperity, for our A tea party-influenced GOP is poised to [From the hill.com, Oct. 2, 2014] communities. erupt, if and when Obama follows through on In closing, because I see my friend WHEN REAGAN AND GHW BUSH TOOK BOLD his promise. EXECUTIVE ACTION ON IMMIGRATION from Connecticut is here, and I want to ‘‘The audacity of this president to think he (By Mark Noferi) yield the floor, there are two priorities can completely destroy the rule of law with that are at stake: a healthy economy— the stroke of a pen is unfathomable to me,’’ Congressional Republicans are outraged said GOP Rep. Steve King of Iowa, an out- that President Obama may take executive and I have laid that out—and family action on immigration reform after the mid- values. The American people, including spoken opponent of relaxing U.S. immigration law. ‘‘It is unconstitutional, it is cyn- term elections—perhaps by deferring depor- the people of California, support bold ical, and it violates the will of the American tations and providing work authorization to and compassionate action on immigra- people.’’ millions of unauthorized immigrants with tion reform. We have already estab- Some Republicans have even raised the strong family ties to the United States. How- lished that the President has the legal possibility of impeachment. ever, past Republican presidents have not authority to act just as other Presi- Here’s a timeline of then and now: been shy to use the White House’s power to dents of both parties have in the past. 1986. Congress and Reagan enacted a sweep- retool immigration policy. In fact, Obama I say to the President today, as I ing overhaul that gave legal status to up to could learn a lot from presidents Ronald 3 million immigrants without authorization Reagan’s and George H. W. Bush’s executive have said to him in writing, if you act to be in the country, if they had come to the actions to preserve the unity of immigrant you will have my strong support and U.S. before 1982. Spouses and children who families, and move past Congressional re- you will have the support of so many could not meet that test did not qualify, fusal to enact immigration reform. people across this country. You will which incited protests that the new law was The story begins on November 6, 1986, when keep our families together, you will breaking up families. Reagan signed the last comprehensive legal- strengthen our economy, and you will 1987. Early efforts in Congress to amend ization bill to pass Congress. The Immigra- make our country stronger. the law to cover family members failed. Rea- tion Reform and Control Act (IRCA) gave up I say to the House again, while you gan’s Immigration and Naturalization Serv- to 3 million unauthorized immigrants a path ice commissioner announced that minor to legalization if they had been ‘‘continu- are still here in Washington, if you children of parents granted amnesty by the ously’’ present in the U.S. since January 1, don’t want the President to fill the law would get protection from deportation. 1982. But the new law excluded their spouses void for your lack of action, then take Spouses and children of couples in which one and children who didn’t qualify. As the Sen- up and pass the Senate immigration parent qualified for amnesty but the other ate Judiciary Committee stated at the time, bill. Get to work. If you don’t like that did not remained subject to deportation, ‘‘the families of legalized aliens . . . will be bill, then make another bill, but take leading to efforts to amend the 1986 law. required to ‘‘wait in line’. care of this problem because if you con- 1989. By a sweeping 81–17 vote, the Senate Immediately, these split-eligibility fami- tinue to be a do-nothing House when it in July voted to prohibit deportations of lies became the most polarizing national im- family members of immigrants covered by migration issue. U.S. Catholic bishops criti- comes to immigration, I can assure you the 1986 law. The House failed to act. cized the government’s ‘‘separation of fami- this President will not follow your lead 1990. In February, President George H.W. lies,’’ especially given Reagan’s other pro- and be a do-nothing President when it Bush, acting through the Immigration and family stances. In early 1987, members of comes to immigration. That would be Naturalization Service, established a ‘‘fam- Congress introduced legislation to legalize terribly wrong. It would be wrong not ily fairness’’ in which family members living family members, but without success. only for our immigrant community but with a legalizing immigrant and who were in Shortly after Congress’ failure, Immigra- for every single one of us. the U.S. before passage of the 1986 law were tion and Naturalization Service (INS) com- Mr. President, I ask unanimous con- granted protection from deportation and au- missioner Alan Nelson announced he was thorized to seek employment. The adminis- ‘‘exercising the Attorney General’s discre- sent to have two articles printed in the tration estimated up to 1.5 million people tion’’ to assure that children would ‘‘be cov- RECORD, along with an article in the would be covered by the policy. Congress in ered’’ by legalization. The administration National Journal that details the num- October passed a broader immigration law granted a blanket deferral of deportation ber of times Presidents have used their that made the protections permanent. (logistically similar to today’s Deferred Ac- authority to act on immigration. 2012. In July, the Obama administration tion for Childhood Arrivals program) for There being no objection, the mate- announces a new policy curbing deportations children under 18 who were living in a two- rial was ordered to be printed in the for certain immigrants brought illegally to parent household with both parents legal- the country as kids. The policy, Deferred Ac- izing, or with a single parent who was legal- RECORD, as follows: tion for Childhood Arrivals (DACA), applies izing. [From huffingtonpost.com, Nov. 15, 2014] to people younger than 30 who were brought Lawmakers and advocates, however, urged REAGAN, BUSH ALSO ACTED WITHOUT CON- to the U.S. before they turned 16 and meet Reagan to go further. Spouses and some chil- GRESS TO SHIELD IMMIGRANTS FROM DEPOR- other criteria such as graduating high dren who had one parent able to legalize but TATION school. It has now granted two-year deporta- not the other remained unprotected. A Cali- (By Andrew Taylor) tion reprieves and work permits to nearly fornia immigrants’ rights group called this WASHINGTON (AP).—Two presidents have 600,000 people. ‘‘contrary to the American tradition of keep- acted unilaterally on immigration—and both 2013–2014 (Congress). After months of work, ing families together.’’ And as Rep. Howard were Republican. Ronald Reagan and his suc- the Senate in June 2013 passes, 68–32, a huge Berman (D-Calif.) told the INS, ‘‘If you have cessor George H.W. Bush extended amnesty immigration overhaul bill that includes a the discretion to protect children, why not a to family members who were not covered by path to citizenship for immigrants who meet family?’’ the last major overhaul of immigration law strict criteria. The House fails to act. In a In July 1989, the Senate moved to protect in 1986. televised interview with Telemundo, Obama a bigger group—all spouses and children of Neither faced the political uproar widely says expanding the DACA program to cover those who legalized under IRCA. The Senate anticipated if and when President Barack the parents of children allowed to remain in passed legislation 81–17 that prohibited the Obama uses his executive authority to pro- the country under the program ‘‘would be ig- administration from deporting family mem- tect millions of immigrants from deporta- noring the law in a way that I think would bers of immigrants in the process of legal- tion. be very difficult to defend legally. So that’s izing and directed officials to grant them Reagan’s and Bush’s actions were con- not an option.’’ work authorization. The House failed to act ducted in the wake of a sweeping, bipartisan 2014 Frustrated by Congress’ inability to on the Senate’s bill. immigration overhaul and at a time when act on immigration, Obama announces in George Bush Sr. then responded in Feb- ‘‘amnesty’’ was not a dirty word. Their ac- June that he’ll use executive powers to ad- ruary 1990 by administratively implementing tions were less controversial because there dress other elements of the flawed immigra- the Senate bill’s provisions himself. As was a consensus in Washington that the 1986 tion system. Like Bush, Obama is expected Bush’s INS Commissioner, Gene McNary, law needed a few fixes and Congress was to extend deportation protections to families stated: ‘‘It is vital that we enforce the law poised to act on them. Obama is acting as of U.S. citizens or permanent residents. against illegal entry. However, we can en- the country—and Washington—are bitterly Obama’s anticipated action would not award force the law humanely. To split families en- divided over a broken immigration system legal status, but it would offer temporary courages further violations of the law as and what to do about 11 million people living protection from deportation to up to 5 mil- they reunite.’’ Under Bush’s ‘‘family fair- in the U.S. illegally. lion people, as well as the possibility of ob- ness’’ policy, applicants had to meet certain Obama wants to extend protection from de- taining a work permit. He delayed action criteria, and reapply to the INS every year portation to millions of immigrant parents until after Election Day. On Monday, Demo- for extensions.

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.067 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6135 The Bush administration anticipated its labor and human-rights violations, but few extending their status. Congress then passed family fairness program could help enormous questioned the executive authority it oper- the Chinese Student Protection Act in 1992, numbers of immigrants—up to 1.5 million ated under. three years following the initial executive family members, which amounted to over 40 After the war ended, President Truman action, making the students eligible for percent of the 3.5 million unauthorized im- used his executive authority to permit green cards. migrants in the U.S. at the time. 250,000 people from Europe to enter or stay in OK, but major exercises of prosecutorial After the Bush administration moved, the the U.S. outside normal immigration chan- discretion have been used only for foreign House followed. In March 1990, 33 House nels. It was only three years after this exer- policy reasons, right? Wrong again. Execu- members introduced legislation with similar cise of discretion that Congress passed the tive actions have been used by every modern provisions to stay deportation of family Displaced Persons Act, permitting some administration on more than a dozen occa- members. In October, Congress then passed a 400,000 additional entries. sions to further purely domestic policy ob- combined Immigration Act of 1990, with a In April 1975, at the end of the Vietnam jectives. After domestic emergencies—the permanent ‘‘Family Unity’’ provision. The War, President Ford used parole authority to San Francisco earthquake, the 9/11 attack, Act broadened Bush’s family fairness policy authorize the evacuation of 200,000 South Vi- Hurricanes Katrina and Ike, and others—im- to include children under 21 and increased etnamese to this country; it was not until a migration officials relaxed enforcement ef- family immigration visas, ultimately pro- month later that the Indochina Migration forts to advance public health and safety. viding more families a path to citizenship. and Refugee Act of 1975 was enacted, pro- Beginning with President Carter in 1980, If voters thought Bush overstepped his au- viding resettlement funding for 130,000 of every administration has instructed immi- thority, the midterm elections didn’t show those parolees. Full legislative authorization gration officials to reduce enforcement efit. In 1990, the Republicans lost a scant nine to resettle those fleeing Indochina did not forts during the census. House seats and one Senate seat (out of 33 up come until 1980, when Congress passed the Other exercises of discretion went beyond for election)—far lower than average mid- Refugee Act, resulting in permanent reset- specific emergencies or events. In 1977, Car- term losses by a president’s party. Bush then tlement of 1.4 million Indochinese in the ter administration Attorney General Griffin signed the Act in November, hailing it as U.S.. Although most entered as bona fide ref- Bell suspended deportation of about 250,000 continuing ‘‘support for the family as the es- ugees, hundreds of thousands were paroled people unfairly denied visas by a quirk in the sential unit of society’’ and ‘‘our tradition of into the country when statutorily authorized allocation process. It was not until nearly a family reunification.’’ (Bush did issue a sign- numbers proved inadequate. decade later, via IRCA in 1986, that all of ing statement reserving the ‘‘authority of But these broad exercises of discretion these cases were resolved. In 1990, INS Commissioner Gene McNary the executive branch to exercise prosecu- were limited to refugees fleeing wars a long issued a ‘‘Family Fairness’’ policy deferring torial discretion in suitable immigration time ago, right? Wrong. Presidents have ex- the deportation of 1.5 million immediate cases.’’) ercised their discretion more than 20 times family members of people receiving legaliza- The success of the Reagan-Bush family since the mid-1970s to permit people already tion under IRCA, building on a more-limited fairness policy serves as a strikingly similar in the U.S. from being deported. Some exercise of discretion in 1987 by Edwin historical precedent for Obama. Bush Sr. sought to avoid return to a Soviet bloc coun- Meese. Three years after Meese’s original ex- ‘‘went big’’ to treat families fairly—defer- try. Iranians in the 1980s sought protection ecutive action, Congress codified the action ring deportations for over 40 percent of unau- from the regime that overthrew the shah and occupied the American Embassy there. Af- in the Immigration Act of 1990. thorized immigrants. Reportedly, Obama’s In 1997, President Clinton provided DED ghans in the U.S. in the 1980s and 1990s were actions could be similarly broad and help up status to some 40,000 Haitians previously pa- protected first from the Soviet puppet state to 5 million immigrants—over 40 percent of roled into the U.S. At the end of the 105th and later from the Taliban. Others would today’s unauthorized population. Bush Sr.’s Congress a year later, legislation passed al- have been returned to face civil war or nat- actions gave immigrants a safe haven and lowing these Haitians to permanently adjust ural disasters abroad. Not until 2003, several spurred the House to act without negative their status. impacts in the subsequent midterms. And decades after the practice of country-specific The record is clear: Presidents of both par- the Reagan-Bush fairness policy deferred de- relief from deportation was first deployed, ties have used discretionary powers on mul- portations to protect families, compared to did Congress codify the practice known as tiple occasions to protect various groups previous uses of presidential authority to ‘‘temporary protected status.’’ from deportation for an enormously wide va- protect war refugees or immigrants stranded The record also shows that Congress made riety of reasons. Except for temporary condi- by a foreign policy crisis. many executive orders of temporary relief tions, Congress acted later—often years We don’t know what executive action permanent, often years after the fact. As later—to ratify the president’s decisions. Obama will take. But we can say with cer- Fidel Castro took power in Cuba in 1959, Looking back now, would we reverse any of tainty that presidents Ronald Reagan and more than 900,000 Cubans fled to the United these executive actions? Should we have re- George H. W. Bush led the way. States, the vast majority paroled into the turned Eastern Europeans to behind the Iron country by Presidents Eisenhower, Kennedy, Curtain, Cambodians to the killing fields, CRITICS SAY EXECUTIVE ACTION ON IMMIGRA- and Johnson. Not until 1966, some seven Ethiopians to a brutal civil war, Iranians to TION WOULD BE UNPRECEDENTED. THEY FOR- years after the influx began, was the Cuban the arms of the ayatollah, or Chinese stu- GET THEIR HISTORY Adjustment Act passed. dents to face the tanks in Tiananmen In 1980, 130,000 Mariel Cubans and nearly PRESIDENTS HAVE ALMOST ALWAYS ACTED Square? Would we be better off without the 40,000 Haitians arrived in South Florida. FIRST TO PERMIT IMMIGRATION OR PREVENT Cubans and Haitians who revitalized South Most, but not all, of the Cubans were paroled DEPORTATION—WITH CONGRESS RATIFYING Florida over the past 40 years? Were we into the U.S. by President Carter. Haitians THOSE ACTIONS LATER ON. wrong to prevent the separation of 1.5 mil- initially were protected from deportation by (By Charles Kamasaki) lion people from family members getting litigation challenging the denials of their right with the law under IRCA’s legaliza- The president’s announcement that he asylum claims; most of these Haitians, and tion? would soon take executive action to ‘‘to do some Cubans whose entry had been chal- Many of these actions were controversial what he could’’ to fix a broken immigration lenged, eventually received discretionary when first announced. But Congress later af- system in the absence of legislation has ‘‘Cuban-Haitian entrant status’’ in the firmed virtually all of them—without explic- prompted critics to assert that this would be Reagan administration. Six years later, the itly reversing any of them—suggesting that unprecedented unless first authorized by Immigration Reform and Control Act of 1986 eventually they were widely accepted. Dec- Congress. In fact, the record demonstrates provided lawful permanent resident status ades from now, people looking back on Presi- the opposite. For at least the last 70 years, for Cuban-Haitian entrants. dent Obama’s imminent announcement of presidents have routinely acted first to per- In 1987, Reagan administration Attorney broad-scale executive action will see that he mit the entry of people outside normal chan- General Edwin Meese directed the Immigra- prevented the separation of families, began nels or to protect large numbers of people tion and Naturalization Service not to de- fixing a badly broken immigration system, from deportation, with legislation ratifying port an estimated 200,000 Nicaraguans in the and improved wages, housing, and education the executive action coming later. United States without authorization, includ- for those receiving legal status, thus im- During World War II, the Roosevelt admin- ing those whose asylum claims had been de- measurably enriching the economy. They’ll istration negotiated a temporary worker ar- nied. In 1990, President George H.W. Bush in- likely see that Congress later ratified his ac- rangement with the Mexican government, structed his attorney general to provide ‘‘de- tions, as happened so often before. later known as the Bracero program, an ac- ferred enforced departure’’ status to an esti- And, they’ll wonder: what was all the fuss tion Congress ratified a year later. When the mated 190,000 Salvadorans fleeing civil war. about? authorization expired in 1947, the Truman In 1997, a decade after Meese’s initial action, Mrs. BOXER. I say to my colleagues administration continued the program until Congress passed legislation permitting these who have come to the floor this after- it was reauthorized in 1951. Before it ended in groups’ adjustment to permanent residence. 1964, millions of workers entered the United In 1989, the Bush administration provided noon and are still to come to the floor, States under the auspices of the Bracero pro- DED status to 80,000 Chinese students in the thank you. gram, hundreds of thousands under execu- U.S. who feared returning to the strife that Republicans have threatened to close tive—not legislative—authority. The pro- eventually led to the Tiananmen Square down this government. They are hav- gram was rightly criticized for numerous massacre and later issued an executive order ing a temper tantrum and refuse to act

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.037 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6136 CONGRESSIONAL RECORD — SENATE November 19, 2014 on immigration and want to paralyze In 1990 President George H.W. Bush immigrants who have lived in this the Presidency. took Executive action to defer removal country for years—5 or 10 years or It is time to get behind this Presi- and grant work permits to roughly 1.5 longer—and are working hard, paying dent. It is time to get behind the Amer- million undocumented individuals— taxes, abiding by the law, and contrib- ican people. It is time to take a stand nearly half the undocumented popu- uting and giving back to their commu- for this economy and for family values. lation at the time. Think about that nities are forced to live in fear that I thank the Presiding Officer and for a moment. Out of 3 million people, they will have to leave everything they yield the floor. President Bush decided that 1.5 million have worked so hard to build and ev- The PRESIDING OFFICER. The Sen- of them should, in effect, not be pros- erything that means so much to ator from Connecticut. ecuted. He set law enforcement prior- them—their families, their homes, and Mr. BLUMENTHAL. Mr. President, I ities. That was his job, and that is the country they have come to love. am grateful for the strong and eloquent President Obama’s job. They appreciate the freedoms of this words that were said by my colleague Many of us—and I am very much in country and the opportunities it offers Senator BOXER. I am grateful to so this camp—would prefer to address this in ways we routinely take for granted. many of my colleagues on this side of situation through legislation. I worked For them, this country is a beacon of the aisle for supporting the President hard, along with the distinguished hope and opportunity which they ap- as he considers Executive action that chairman of the Judiciary Committee preciate so deeply and fervently that would essentially enforce the law on and Members on both sides of the aisle they are willing to lay down their lives immigration more rationally and effec- of the Judiciary Committee and of this for it and, in fact, sometimes do as tively, which is what prosecutorial dis- body, to approve legislation. It was remembers of our armed services. cretion means. solved and written up after several The lack of action on immigration As a former U.S. attorney as well as days of detailed and painstaking mark- reform hurts everyone. When busi- the State attorney general in my own State for 20 years, I know about pros- up. I was told that is the way legisla- nesses employ workers under the table, ecutorial discretion. I know that in ex- tion used to be routinely done in this our economy and our Nation are de- ercising his discretion, the President is body—Members trading ideas, exchang- prived of their taxes. They are often aware that there is simply no way ing views and perspectives, drilling ducking regulations and taxes, which every undocumented person in the down on facts, and arriving at a bipar- in turn drives down wages for every United States of America can be de- tisan solution that eventually was ap- working American. Immigrants should be able to come ported tomorrow, let alone this year— proved by 68 Members of this body from out of the shadows not just for their probably ever. both sides of the aisle. That is a matter There are 11.5 million undocumented of history. sake but for the Nation’s sake. They people who live in the shadows, and the My hope was and still is that we have are a resource that can be used so question is, How do we use the re- legislation along the lines of what was much more fully to the benefit of our sources of the Federal Government approved by the Senate. That legisla- Nation. When they come out of the most rationally and effectively to tion was far from perfect. In my view, shadows, they should be forced to un- serve the public interest and uphold it was way short of the ideal immigra- dergo background checks, obtain work the rule of law? tion reform I would favor, but the good permits and proof that they are abiding The question is, essentially, How cannot be the enemy of the perfect and by the law. That is necessary to show should law enforcement use its re- the perfect cannot be the enemy of the they are not a threat to public safety. sources? That question arises every good. What we need now is a practical When immigrants live in fear, law en- day in the United States when there is approach to this problem through leg- forcement can’t know who lives in the a Federal or State prosecution. It islation. The House refused to take up communities they police. Immigrants arises every day on our borders when the Senate bill. It didn’t even consider who live in fear are simply not going to the agents of our Federal administra- it and never voted on it. be as willing to report individuals liv- tive law enforcement apparatus make The President has a responsibility, ing near them and represent a real decisions about law enforcement. As I and his job is to take actions that are threat to public safety because they have learned from my experience in within his legal authority to address a feel uncomfortable reporting crimes law enforcement, it best serves citizens system that is broken and takes a toll and cooperating with authority when when it uses those resources effi- on human lives that is intolerable. It they feel they may then be the object ciently, effectively, and humanely in a threatens to divide families, to put of enforcement. Getting more people concerted effort to address a direct people out of work—not just undocu- who are already living in this country threat to public safety. Law enforce- mented immigrants out of work but into the system will allow law enforcement has a job to do, and it can’t do citizens of this country because they ment to go after the truly bad actors— everything all the time everywhere. work for businesses that are owned and serious criminals, serious national se- Decisions are necessary in the real operated by those immigrants who curity threats, and people who seri- world in practical circumstances to might be deported. I have seen that ously should not be in this country. preserve public order and protect pub- firsthand in Connecticut, and I know it As the American people wait for leg- lic safety, and that is what the Presi- is true around the country. islative action and wait for the House dent is doing by issuing an Executive This measure is not only good for to act on the Senate bill and perhaps order which, in effect, directs Federal human lives, it is good for our econ- wait on the Senate to act again, Presi- resources to deport undocumented im- omy. It is essential to make sure our dent Obama has both the authority and migrants who represent a threat to immigration system—a broken, failed the moral responsibility to institute this country by virtue of their criminal system—is at least prepared in the these reforms. These reforms are cru- activity or criminal background or short term while we work toward legis- cial. He has the authority under law to other circumstances that justify that lation that is absolutely necessary to exercise his discretion. He has the rational and selective approach to law comprehensively revise and reform moral responsibility to fix this broken enforcement. that system. system as long and as well as he can This approach is hardly novel, and it Every day that the Federal Govern- using that responsibility. is highly unoriginal. In fact, President ment fails to act on immigration re- I am encouraged to hear that the Obama’s authority to direct how Fed- form, people in this country are forced President intends to focus his author- eral immigration resources will be to live in fear and the anxiety and ap- ity on serious criminals, not law-abid- marshaled in the service of protecting prehension that children suffer when ing individuals. At a minimum, my public safety is very much in the tradi- they are afraid they will lose their par- hope is that he will ease the minds of tion and history of this office. Every ents and siblings. Connecticut citizens children and put to rest the anxiety President since Dwight Eisenhower, live in fear of losing their neighbors children feel when they fear they may whether Democratic or Republican, has and their employers, their congregates lose their parents. Whether they are done exactly what President Obama is in church, and members of their imme- DREAMers or U.S. citizens, they doing in this Executive order. diate and extended families. Millions of should be spared that apprehension and

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.069 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6137 anxiety that interferes with everything Under the previous order, there will Udall (NM) Warner Whitehouse they do in school or work. be 2 minutes of debate equally divided Walsh Warren Wyden My hope is that he will exercise that prior to a vote on the motion to invoke NAYS—39 authority on behalf of the parents of cloture on the Pepper nomination. Alexander Enzi McConnell those children—U.S. citizens, perma- The Senator from Connecticut. Barrasso Fischer Moran Blunt Graham Paul nent residents, and DREAMers. Mr. BLUMENTHAL. I ask unanimous Boozman Grassley Portman My hope is that he will ease some of consent all time be yielded back. Burr Hatch Risch the arbitrary restrictions that prevent The PRESIDING OFFICER. Is there Chambliss Heller Roberts the DOCA program from achieving its objection? Coats Hoeven Rubio Coburn Inhofe Scott full purpose—restrictions like the cut- Without objection, all time is yielded Cochran Isakson Sessions off age. back. Corker Johanns Shelby As he acts to exercise his prosecu- Cornyn Kirk Thune torial discretion with respect to depor- f Crapo Lee Toomey Cruz McCain Wicker tation, he should also consider his administration’s policies with respect to CLOTURE MOTION NOT VOTING—3 detention. As I wrote to the President The PRESIDING OFFICER. Pursuant Hagan Landrieu Vitter earlier this year, along with my col- to rule XXII, the Chair lays before the The PRESIDING OFFICER. On this league and friend Chairman LEAHY, I Senate the pending cloture motion, vote, the yeas are 58, the nays are 39. believe the administration’s decision which the clerk will state. The motion is agreed to. to dramatically expand the detention The legislative clerk read as follows: f of whole families, many of whom have CLOTURE MOTION NOMINATION OF PAMELA PEPPER shown a credible fear of being returned We, the undersigned Senators, in accord- to dangerous situations in their home TO BE UNITED STATES DISTRICT ance with the provisions of rule XXII of the JUDGE FOR THE EASTERN DIS- countries, is counterproductive and Standing Rules of the Senate, hereby move harmful. Migrants must be given an to bring to a close debate on the nomination TRICT OF WISCONSIN adequate opportunity to show they of Pamela Pepper, of Wisconsin, to be United The PRESIDING OFFICER. The have a valid claim as refugees. States District Judge for the Eastern Dis- clerk will report the nomination. The policy of indiscriminately hold- trict of Wisconsin. The assistant legislative clerk read ing families in enormous, privately run Harry Reid, Patrick J. Leahy, Robert the nomination of Pamela Pepper, of facilities leads to inhumane living con- Menendez, Patty Murray, Debbie Sta- Wisconsin, to be United States District benow, Benjamin L. Cardin, Amy Klo- ditions. Violence against women and buchar, Kirsten E. Gillibrand, Chris- Judge for the Eastern District of Wis- children and simply inefficient use of topher Murphy, Brian Schatz, Richard consin. resources are more the rule than the J. Durbin, Richard Blumenthal, Tom The PRESIDING OFFICER. Under exception. Warehousing young children Harkin, Angus S. King, Jr., Tom Udall, the previous order, there will be 2 min- in complexes that are little more than Mazie K. Hirono, Sheldon Whitehouse. utes of debate equally divided prior to jails is deeply incompatible with our The PRESIDING OFFICER. By unan- a vote on the motion to invoke cloture national values and it serves none of imous consent, the mandatory quorum on the Sannes nomination. the goals of an effective immigration call has been waived. The Senator from New York. system. The question is, Is it the sense of the Mr. SCHUMER. I yield back all time. Tomorrow marks the 25th anniver- Senate that debate on the nomination The PRESIDING OFFICER. Is there sary of the U.N. Convention on the of Pamela Pepper, of Wisconsin, to be objection? Rights of the Child. Faith leaders and United States District Judge for the Without objection, all time is yielded community members from around the Eastern District of Wisconsin, shall be back. country will be doing vigils and telling brought to a close? f the stories of children and mothers The yeas and nays are mandatory CLOTURE MOTION who are spending this holiday season under the rule. behind bars. Yes, in the greatest coun- The clerk will call the roll. The PRESIDING OFFICER. Pursuant try in the history of the world, chil- The legislative clerk called the roll. to rule XXII, the Chair lays before the dren and their moms will be spending Mr. DURBIN. I announce that the Senate the pending cloture motion, Thanksgiving behind bars. Senator from North Carolina (Mrs. which the clerk will state. The PRESIDING OFFICER. The time HAGAN) and the Senator from Lou- The legislative clerk read as follows: of the Senator has expired. isiana (Ms. LANDRIEU) are necessarily CLOTURE MOTION Mr. BLUMENTHAL. I ask unanimous absent. We, the undersigned Senators, in accord- consent for 1 additional minute. Mr. CORNYN. The following Senator ance with the provisions of rule XXII of the The PRESIDING OFFICER. Without is necessarily absent: the Senator from Standing Rules of the Senate, hereby move to bring to a close debate on the nomination objection, it is so ordered. Louisiana (Mr. VITTER). Mr. BLUMENTHAL. These families of Brenda K. Sannes, of New York, to be The PRESIDING OFFICER. Are there United States District Judge for the North- are not flight risks and they are not any other Senators in the Chamber de- ern District of New York. dangerous. We owe it to them to do siring to vote? Harry Reid, Patrick J. Leahy, Robert better. I am proud of standing with my The yeas and nays resulted—yeas 58, Menendez, Patty Murray, Debbie Sta- colleagues on calling on the President nays 39, as follows: benow, Benjamin L. Cardin, Amy Klo- to keep families together, target re- [Rollcall Vote No. 283 Ex.] buchar, Kirsten E. Gillibrand, Chris- topher Murphy, Brian Schatz, Richard sources effectively, and run an immi- YEAS—58 gration system that reflects America’s J. Durbin, Richard Blumenthal, Tom Ayotte Franken values and builds a stronger future. Mikulski Harkin, Angus S. King, Jr., Tom Udall, Baldwin Gillibrand Murkowski Mazie K. Hirono, Sheldon Whitehouse. Mr. President, I yield the floor. Begich Harkin Murphy The PRESIDING OFFICER. By unan- f Bennet Heinrich Murray Blumenthal Heitkamp Nelson imous consent, the mandatory quorum CONCLUSION OF MORNING Booker Hirono Pryor call has been waived. Boxer Johnson (SD) BUSINESS Reed The question is, Is it the sense of the Brown Johnson (WI) Reid Cantwell Kaine The PRESIDING OFFICER. Morning Rockefeller Senate that debate on the nomination Cardin King business is now closed. Sanders of Brenda K. Sannes, of New York, to Carper Klobuchar Schatz f Casey Leahy be United States District Judge for the Collins Levin Schumer Northern District of New York, shall EXECUTIVE SESSION Coons Manchin Shaheen be brought to a close? Stabenow The PRESIDING OFFICER. Under Donnelly Markey The yeas and nays are mandatory Durbin McCaskill Tester the previous order, the Senate will now Feinstein Menendez Udall (CO) under the rule. proceed to executive session. Flake Merkley The clerk will call the roll.

VerDate Sep 11 2014 06:54 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.070 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6138 CONGRESSIONAL RECORD — SENATE November 19, 2014 The assistant legislative clerk called Senate the pending cloture motion, The motion is agreed to. the roll. which the clerk will state. Mr. DURBIN. I announce that the The assistant legislative clerk read f Senator from North Carolina (Mrs. as follows: HAGAN) and the Senator from Lou- CLOTURE MOTION NOMINATION OF MADELINE COX isiana (Ms. LANDRIEU) are necessarily We, the undersigned Senators, in accord- ARLEO TO BE UNITED STATES absent. ance with the provisions of rule XXII of the DISTRICT JUDGE FOR THE DIS- Mr. CORNYN. The following Senator Standing Rules of the Senate, hereby move to bring to a close debate on the nomination TRICT OF NEW JERSEY is necessarily absent: the Senator from of Madeline Cox Arleo, of New Jersey, to be The PRESIDING OFFICER. The Louisiana (Mr. VITTER). United States District Judge for the District clerk will report the nomination. The PRESIDING OFFICER (Ms. of New Jersey. The assistant bill clerk read the HEITKAMP). Are there any other Sen- Harry Reid, Patrick J. Leahy, Robert nomination of Madeline Cox Arleo, of Menendez, Patty Murray, Debbie Sta- ators in the Chamber desiring to vote? New Jersey, to be United States Dis- The yeas and nays resulted—yeas 55, benow, Benjamin L. Cardin, Amy Klo- trict Judge for the District of New Jer- nays 42, as follows: buchar, Kirsten E. Gillibrand, Chris- topher Murphy, Brian Schatz, Richard sey. [Rollcall Vote No. 284 Ex.] J. Durbin, Richard Blumenthal, Tom The PRESIDING OFFICER. Under YEAS—55 Harkin, Angus S. King, Jr., Tom Udall, the previous order, there will be 2 min- Baldwin Heinrich Pryor Mazie K. Hirono, Sheldon Whitehouse. utes of debate prior to a vote to invoke Begich Heitkamp Reed The PRESIDING OFFICER. By unan- cloture on the Beetlestone nomination. Bennet Hirono Reid imous consent, the mandatory quorum Who yields time? Blumenthal Johnson (SD) Rockefeller Booker Kaine Sanders call has been waived. The senior Senator from Pennsyl- Boxer King Schatz The question is, Is it the sense of the vania is recognized. Brown Klobuchar Schumer Senate that debate on the nomination Mr. CASEY. Mr. President, I rise to Cantwell Leahy Shaheen of Madeline Cox Arleo, of New Jersey, speak about this nomination. This is Cardin Levin Stabenow Carper Manchin to be United States District Judge for the nomination of Wendy Beetlestone Tester Casey Markey the District of New Jersey, shall be to be U.S. district court judge for the Udall (CO) Collins McCaskill brought to a close? Eastern District of Pennsylvania. She Coons Menendez Udall (NM) The yeas and nays are mandatory Donnelly Merkley Walsh has great qualifications. She is a grad- Warner under the rule. uate of the University of Pennsylvania Durbin Mikulski The clerk will call the roll. Feinstein Murkowski Warren The legislative clerk called the roll. Law School, an honors graduate in her Franken Murphy Whitehouse Mr. DURBIN. I announce that the undergraduate institution. She has Gillibrand Murray Wyden Harkin Nelson Senator from North Carolina (Mrs. worked now for 19 years at the law firm HAGAN) and the Senator from Lou- of Hangley Aronchick Segal Pudlin & NAYS—42 isiana (Ms. LANDRIEU) are necessarily Schiller, has 19 years of experience in Alexander Enzi McCain absent. litigation in a wide variety of matters. Ayotte Fischer McConnell Mr. CORNYN. The following Senators Barrasso Flake Moran She worked in education law and has Blunt Graham Paul are necessarily absent: the Senator broad experience there. She worked as Boozman Grassley Portman from Georgia (Mr. CHAMBLISS) and the a journalist as well before she was a Burr Hatch Risch Senator from Louisiana (Mr. VITTER). lawyer and, during her time working in Chambliss Heller Roberts The PRESIDING OFFICER (Mr. Philadelphia as a lawyer, as a great ad- Coats Hoeven Rubio BROWN). Are there any other Senators Coburn Inhofe Scott vocate for people who don’t have a Cochran Isakson Sessions in the Chamber desiring to vote? voice and also someone who brings a The yeas and nays resulted—yeas 56, Corker Johanns Shelby wide experience to the Federal bench. Cornyn nays 40, as follows: Johnson (WI) Thune I am honored to be working with Crapo Kirk Toomey [Rollcall Vote No. 285 Ex.] Senator TOOMEY on this nomination, Cruz Lee Wicker AYES—56 working together to get these nomina- NOT VOTING—3 Ayotte Harkin Nelson tions through, and I am so grateful for Hagan Landrieu Vitter Baldwin Heinrich Pryor Begich Heitkamp Reed the work of the Judiciary Committee The PRESIDING OFFICER. On this Bennet Hirono Reid and especially Chairman LEAHY mov- vote, the yeas are 55, the nays are 42. Blumenthal Johnson (SD) Rockefeller ing these nominations through. The motion is agreed to. Booker Kaine Sanders I yield to my colleague from Pennsyl- Boxer King f Schatz vania. Brown Klobuchar Schumer Cantwell Leahy The PRESIDING OFFICER. The Sen- NOMINATION OF BRENDA K. Shaheen Cardin Levin SANNES TO BE UNITED STATES Stabenow ator from Pennsylvania is recognized. Carper Manchin Tester Mr. TOOMEY. Mr. President, I wish DISTRICT JUDGE FOR THE Casey Markey NORTHERN DISTRICT OF NEW Collins McCaskill Udall (CO) to say briefly that I thank Senator YORK Coons Menendez Udall (NM) CASEY for the terrific cooperative Donnelly Merkley Walsh working relationship he and I have. The PRESIDING OFFICER. The Durbin Mikulski Warner When Wendy Beetlestone is confirmed, clerk will report the nomination. Feinstein Murkowski Warren Franken Murphy Whitehouse that will make the 11th Federal judge The assistant legislative clerk read who has been confirmed as a result of the nomination of Brenda K. Sannes, of Gillibrand Murray Wyden NAYS—40 the work we have done together. New York, to be United States District Wendy is an outstanding candidate, Judge for the Northern District of New Alexander Flake Moran Barrasso Graham Paul and I think she will make a great Fed- York. eral judge. I urge my colleagues to sup- The PRESIDING OFFICER. Under Blunt Grassley Portman Boozman Hatch Risch port her nomination. the previous order, there will be 2 min- Burr Heller Roberts I yield the floor. utes of debate equally divided prior to Coats Hoeven Rubio Coburn Inhofe the vote on the motion to invoke clo- Scott f Cochran Isakson Sessions ture on the nomination of Madeline Corker Johanns Shelby Cox Arleo. Cornyn Johnson (WI) Thune CLOTURE MOTION Crapo Kirk Mr. MENENDEZ. I yield back all Toomey Cruz Lee The PRESIDING OFFICER. Pursuant time. Wicker The PRESIDING OFFICER. Without Enzi McCain to rule XXII, the Chair lays before the Fischer McConnell objection, all time is yielded back. Senate the pending cloture motion, NOT VOTING—4 f which the clerk will state. Chambliss Landrieu The legislative clerk read as follows: CLOTURE MOTION Hagan Vitter CLOTURE MOTION The PRESIDING OFFICER. Pursuant The PRESIDING OFFICER. On this We, the undersigned Senators, in accord- to rule XXII, the Chair lays before the vote, the yeas are 56, the nays are 40. ance with the provisions of rule XXII of the

VerDate Mar 15 2010 03:57 Jul 12, 2015 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD14\NOV 2014\S19NO4.REC S19NO4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6139 Standing Rules of the Senate, hereby move NOMINATION OF WENDY from Georgia (Mr. CHAMBLISS) and the to bring to a close debate on the nomination BEETLESTONE TO BE UNITED Senator from Louisiana (Mr. VITTER). of Wendy Beetlestone, of Pennsylvania, to be STATES DISTRICT JUDGE FOR The PRESIDING OFFICER. Are there United States District Judge for the Eastern THE EASTERN DISTRICT OF District of Pennsylvania. any other Senators in the Chamber de- Harry Reid, Patrick J. Leahy, Robert PENNSYLVANIA siring to vote? Menendez, Patty Murray, Debbie Sta- The PRESIDING OFFICER. The The yeas and nays resulted—yeas 51, benow, Benjamin L. Cardin, Amy Klo- clerk will report the nomination. nays 44, as follows: buchar, Kirsten E. Gillibrand, Chris- The assistant bill clerk read the [Rollcall Vote No. 287 Ex.] topher Murphy, Brian Schatz, Richard nomination of Wendy Beetlestone, of J. Durbin, Richard Blumenthal, Tom YEAS—51 Harkin, Angus S. King, Jr., Tom Udall, Pennsylvania, to be United States Dis- Baldwin Gillibrand Murray Mazie K. Hirono, Sheldon Whitehouse. trict Judge for the Eastern District of Begich Harkin Nelson Pennsylvania. Bennet Heinrich Pryor The PRESIDING OFFICER. By unan- The PRESIDING OFFICER. The Sen- Blumenthal Hirono Reed imous consent, the mandatory quorum Booker Johnson (SD) Reid ate will come to order. Boxer Kaine Rockefeller call has been waived. The majority leader is recognized. Brown King Schatz The question is, Is it the sense of the Mr. REID. Mr. President, we will Cantwell Klobuchar Schumer Senate that debate on the nomination Cardin Leahy Shaheen have one more vote. As soon as that is Carper Levin Stabenow of Wendy Beetlestone, of Pennsylvania, turned in, we will go to recess subject Casey Markey Udall (CO) to be United States District Judge for to the call of the Chair for a briefing Collins McCaskill Udall (NM) the Eastern District of Pennsylvania, which everyone should go to, and we Coons Menendez Walsh shall be brought to a close? Donnelly Merkley Warner will come back and do some wrap-up. Durbin Mikulski Warren The yeas and nays are mandatory This is the last vote. Feinstein Murkowski Whitehouse under the rule. The PRESIDING OFFICER. Under Franken Murphy Wyden The clerk will call the roll. the previous order, there will be 2 min- NAYS—44 The assistant bill clerk called the utes of debate prior to a vote on the Alexander Flake McConnell roll. motion to invoke cloture on the Bolden Ayotte Graham Moran Mr. DURBIN. I announce that the nomination. Barrasso Grassley Paul Blunt Hatch Senator from North Carolina (Mrs. Who yields time? Portman Mr. REID. Mr. President, I yield back Boozman Heitkamp Risch HAGAN) and the Senator from Lou- Burr Heller Roberts isiana (Ms. LANDRIEU) are necessarily all time. Coats Hoeven Rubio The PRESIDING OFFICER. Without Coburn Inhofe Scott absent. Cochran Isakson objection, all time has been yielded Sessions Mr. CORNYN. The following Senators Corker Johanns Shelby back. Cornyn Johnson (WI) are necessarily absent: the Senator Tester Crapo Kirk from Georgia (Mr. CHAMBLISS) and the f Cruz Lee Thune Senator from Louisiana (Mr. VITTER). CLOTURE MOTION Enzi Manchin Toomey Fischer McCain Wicker The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Pursuant any other Senators in the Chamber de- to rule XXII, the Chair lays before the NOT VOTING—5 siring to vote? Senate the pending cloture motion, Chambliss Landrieu Vitter The yeas and nays resulted—yeas 58, which the clerk will state. Hagan Sanders nays 38, as follows: The assistant bill clerk read as fol- The PRESIDING OFFICER. On this [Rollcall Vote No. 286 Ex.] lows: vote, the yeas are 51, the nays are 44. YEAS—58 CLOTURE MOTION The motion is agreed to. Ayotte Harkin Pryor We, the undersigned Senators, in accord- Baldwin Heinrich Reed ance with the provisions of rule XXII of the f Begich Heitkamp Reid Standing Rules of the Senate, hereby move Bennet Hirono Rockefeller to bring to a close debate on the nomination Blumenthal Johnson (SD) Sanders of Victor Allen Bolden, of Connecticut, to be NOMINATION OF VICTOR ALLEN Booker Kaine Schatz BOLDEN TO BE UNITED STATES Boxer King United States District Judge for the District Schumer of Connecticut. DISTRICT JUDGE FOR THE DIS- Brown Klobuchar Shaheen Cantwell Leahy Harry Reid, Patrick J. Leahy, Robert Stabenow TRICT OF CONNECTICUT Cardin Levin Tester Menendez, Patty Murray, Debbie Sta- Carper Manchin The PRESIDING OFFICER. The Toomey benow, Benjamin L. Cardin, Amy Klo- Casey Markey clerk will report the nomination. Udall (CO) buchar, Kirsten E. Gillibrand, Chris- Collins McCaskill topher Murphy, Brian Schatz, Richard The assistant bill clerk read the Coons Menendez Udall (NM) Donnelly Merkley Walsh J. Durbin, Richard Blumenthal, Tom nomination of Victor Allen Bolden, of Durbin Mikulski Warner Harkin, Angus S. King, Jr., Tom Udall, Connecticut, to be United States Dis- Feinstein Murkowski Warren Mazie K. Hirono, Sheldon Whitehouse. trict Judge for the District of Con- Flake Murphy Whitehouse The PRESIDING OFFICER. By unan- Franken Murray Wyden necticut. Gillibrand Nelson imous consent, the mandatory quorum under rule XXII has been waived. f NAYS—38 The question is, Is it the sense of the Alexander Fischer McConnell Senate that debate on the nomination RECESS SUBJECT TO THE CALL OF Barrasso Graham Moran of Victor Allen Bolden, of Connecticut, Blunt Grassley Paul THE CHAIR Boozman Hatch Portman to be United States District Judge for Burr Heller Risch the District of Connecticut, shall be Mr. BLUMENTHAL. Mr. President, I Coats Hoeven Roberts brought to a close? ask unanimous consent that the Sen- Coburn Inhofe Rubio The yeas and nays are mandatory ate stand in recess subject to the call Cochran Isakson Scott Corker Johanns of the Chair. Sessions under the rule. Cornyn Johnson (WI) Shelby The clerk will call the roll. The PRESIDING OFFICER. Is there Crapo Kirk Thune objection? Cruz Lee The bill clerk called the roll. Enzi McCain Wicker Mr. DURBIN. I announce that the Without objection, it is so ordered. Senator from North Carolina (Mrs. Thereupon, the Senate, at 4:46 p.m., NOT VOTING—4 HAGAN), the Senator from Louisiana recessed subject to the call of the Chair Chambliss Landrieu (Ms. LANDRIEU), and the Senator from and reassembled at 6:31 p.m. when Hagan Vitter Vermont (Mr. SANDERS) are necessarily called to order by the Presiding Officer The PRESIDING OFFICER. On this absent. (Mr. BLUMENTHAL). vote, the yeas are 58, the nays are 38. Mr. CORNYN. The following Senators Mr. REID. Mr. President, what is the The motion is agreed to. are necessarily absent: the Senator business before the body?

VerDate Sep 11 2014 06:54 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.081 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6140 CONGRESSIONAL RECORD — SENATE November 19, 2014 NOMINATION OF JON M. HOLLA- NOMINATION OF MICHELE JEANNE United States of America to the Union DAY TO BE CHIEF FINANCIAL SISON, A CAREER MEMBER OF of the Comoros; Michele Jeanne Sison, OFFICER, DEPARTMENT OF AG- THE SENIOR FOREIGN SERVICE, of Maryland, a Career Member of the RICULTURE CLASS OF CAREER MINISTER, TO Senior Foreign Service, Class of Career BE THE DEPUTY REPRESENTA- Minister, to be the Deputy Representa- TIVE OF THE UNITED STATES OF tive of the United States of America to NOMINATION OF MAUREEN ELIZA- AMERICA TO THE UNITED NA- the United Nations, with the rank and BETH CORMACK, A CAREER TIONS, WITH THE RANK AND status of Ambassador Extraordinary MEMBER OF THE SENIOR FOR- STATUS OF AMBASSADOR EX- and Plenipotentiary, and the Deputy EIGN SERVICE, CLASS OF MIN- TRAORDINARY AND PLENI- Representative of the United States of ISTER-COUNSELOR, TO BE AM- POTENTIARY, AND THE DEPUTY America in the Security Council of the BASSADOR EXTRAORDINARY REPRESENTATIVE OF THE United Nations; and Michele Jeanne AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA IN Sison, of Maryland, a Career Member UNITED STATES OF AMERICA TO THE SECURITY COUNCIL OF THE of the Senior Foreign Service, Class of BOSNIA AND HERZEGOVINA UNITED NATIONS Career Minister, to be Representative of the United States of America to the Sessions of the General Assembly of the United Nations, during her tenure NOMINATION OF ALLAN P. MUS- NOMINATION OF MICHELE JEANNE of service as Deputy Representative of TARD, A CAREER MEMBER OF SISON, A CAREER MEMBER OF the United States of America to the THE SENIOR FOREIGN SERVICE, THE SENIOR FOREIGN SERVICE, United Nations. CLASS OF CAREER MINISTER, TO CLASS OF CAREER MINISTER, TO VOTE ON HOLLADAY NOMINATION BE AMBASSADOR EXTRAOR- BE REPRESENTATIVE OF THE The PRESIDING OFFICER. Under DINARY AND PLENIPOTENTIARY UNITED STATES OF AMERICA TO the previous order, there will be 2 min- OF THE UNITED STATES OF THE SESSIONS OF THE GENERAL utes of debate equally divided prior to AMERICA TO TURKMENISTAN ASSEMBLY OF THE UNITED NA- TIONS, DURING HER TENURE OF a vote on the Holladay nomination. SERVICE AS DEPUTY REP- Mr. REID. I yield back the time, with RESENTATIVE OF THE UNITED the Chair’s permission. The PRESIDING OFFICER. Without STATES OF AMERICA TO THE NOMINATION OF EARL ROBERT objection, all time is yielded back. MILLER, A CAREER MEMBER OF UNITED NATIONS The question is, Will the Senate ad- THE SENIOR FOREIGN SERVICE, The PRESIDING OFFICER. Under vise and consent to the nomination of CLASS OF COUNSELOR, TO BE the previous order, the Senate will pro- Jon M. Holladay, of Virginia, to be AMBASSADOR EXTRAORDINARY ceed to the following nominations, Chief Financial Officer, Department of AND PLENIPOTENTIARY OF THE which the clerk will report. Agriculture? UNITED STATES OF AMERICA TO The legislative clerk read the nomi- The nomination was confirmed. THE REPUBLIC OF BOTSWANA nations of Jon M. Holladay, of Vir- VOTE ON CORMACK NOMINATION ginia, to be Chief Financial Officer, De- The PRESIDING OFFICER. The partment of Agriculture; Maureen Eliz- question is, Will the Senate advise and abeth Cormack, of Virginia, a Career consent to the nomination of Maureen NOMINATION OF JUDITH BETH Member of the Senior Foreign Service, Elizabeth Cormack, of Virginia, a Ca- CEFKIN, A CAREER MEMBER OF Class of Minister-Counselor, to be Am- reer Member of the Senior Foreign THE SENIOR FOREIGN SERVICE, bassador Extraordinary and Pleni- Service, Class of Minister-Counselor, to CLASS OF MINISTER-COUN- potentiary of the United States of be Ambassador Extraordinary and SELOR, TO BE AMBASSADOR EX- America to Bosnia and Herzegovina; Plenipotentiary of the United States of TRAORDINARY AND PLENI- Allan P. Mustard, of Washington, a Ca- America to Bosnia and Herzegovina? POTENTIARY OF THE UNITED reer Member of the Senior Foreign The nomination was confirmed. STATES OF AMERICA TO THE Service, Class of Career Minister, to be VOTE ON MUSTARD NOMINATION REPUBLIC OF FIJI, AND TO Ambassador Extraordinary and Pleni- The PRESIDING OFFICER. The SERVE CONCURRENTLY AND potentiary of the United States of question is, Will the Senate advise and WITHOUT ADDITIONAL COM- America to Turkmenistan; Earl Robert consent to the nomination of Allan P. PENSATION AS AMBASSADOR Miller, of Michigan, a Career Member Mustard, of Washington, a Career EXTRAORDINARY AND PLENI- of the Senior Foreign Service, Class of Member of the Senior Foreign Service, POTENTIARY OF THE UNITED Counselor, to be Ambassador Extraor- Class of Career Minister, to be Ambas- STATES OF AMERICA TO THE dinary and Plenipotentiary of the sador Extraordinary and Pleni- REPUBLIC OF KIRIBATI, THE RE- United States of America to the Repub- potentiary of the United States of PUBLIC OF NAURU, THE KING- lic of Botswana; Judith Beth Cefkin, of America to Turkmenistan? DOM OF TONGA, AND TUVALU Colorado, a Career Member of the Sen- The nomination was confirmed. ior Foreign Services, Class of Minister- VOTE ON MILLER NOMINATION Counselor, to be Ambassador Extraor- The PRESIDING OFFICER. Under dinary and Plenipotentiary of the the previous order, the question is, Will NOMINATION OF ROBERT T. United States of America to the Repub- the Senate advise and consent to the YAMATE, A CAREER MEMBER OF lic of Fiji, and to serve concurrently nomination of Earl Robert Miller, of THE SENIOR FOREIGN SERVICE, and without additional compensation Michigan, a Career Member of the Sen- CLASS OF MINISTER-COUN- as Ambassador Extraordinary and ior Foreign Service, Class of Counselor, SELOR, TO BE AMBASSADOR EX- Plenipotentiary of the United States of to be Ambassador Extraordinary and TRAORDINARY AND PLENI- America to the Republic of Kiribati, Plenipotentiary of the United States of POTENTIARY OF THE UNITED the Republic of Nauru, the Kingdom of America to the Republic of Botswana? STATES OF AMERICA TO THE Tonga, and Tuvalu; Robert T. Yamate, The nomination was confirmed. REPUBLIC OF MADAGASCAR, of California, a Career Member of the VOTE ON CEFKIN NOMINATION AND TO SERVE CONCURRENTLY Senior Foreign Service, Class of Min- The PRESIDING OFFICER. Under AND WITHOUT ADDITIONAL COM- ister-Counselor, to be Ambassador Ex- the previous order, the question is, Will PENSATION AS AMBASSADOR traordinary and Plenipotentiary of the the Senate advise and consent to the EXTRAORDINARY AND PLENI- United States of America to the Repub- nomination of Judith Beth Cefkin, of POTENTIARY OF THE UNITED lic of Madagascar, and to serve concur- Colorado, a Career Member of the Sen- STATES OF AMERICA TO THE rently and without additional com- ior Foreign Service, Class of Minister- UNION OF THE COMOROS pensation as Ambassador Extraor- Counselor, to be Ambassador Extraor- dinary and Plenipotentiary of the dinary and Plenipotentiary of the

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.088 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6141 United States of America to the Repub- on confirmation of Executive Calendar Bill also played a key role in UK’s lic of Fiji, and to serve concurrently No. 1034, the Senate consider Calendar Markey Cancer Center being awarded a and without additional compensation Nos. 955, 1054, 639, 641, 999, 998, 1028, 953, National Cancer Institute designation. as Ambassador Extraordinary and 696, 540, and 962; that there be 2 min- With NCI designation, UK is better po- Plenipotentiary of the United States of utes of debate equally divided between sitioned to recruit researchers, receive America to the Republic of Kiribati, the two leaders or their designees, grants, and to develop new break- the Republic of Nauru, the Kingdom of prior to each vote; that upon the use or through treatments to lead the fight Tonga, and Tuvalu? yielding back of time the Senate pro- against cancer. This means that fewer The nomination was confirmed. ceed to vote without intervening ac- Kentuckians will have to travel out of VOTE ON YAMATE NOMINATION tion or debate on the nominations in State to find the most advanced care The PRESIDING OFFICER. Under the order listed; that any rollcall and clinical trials, and instead will be the previous order, the question is, Will votes, following the first in the series, able to find it within the Common- the Senate advise and consent to the be 10 minutes in length; that if any wealth, which is critical as Kentucky nomination of Robert T. Yamate, of nomination is confirmed, the motion to suffers from the highest combined can- California, a Career Member of the reconsider be considered made and laid cer mortality rate in the country. Senior Foreign Service, Class of Min- upon the table with no intervening ac- Bill has worked actively to help ister-Counselor, to be Ambassador Ex- tion or debate; that no further motions maintain congressional support for stu- traordinary and Plenipotentiary of the be in order to the nomination; that any dent financial aid, which is so impor- United States of America to the Repub- statements related to the nomination tant to many Kentucky students. He lic of Madagascar, and to serve concur- be printed in the RECORD; and that the has worked tirelessly to ensure his rently and without additional com- President be immediately notified of school’s visibility here in Washington, pensation as Ambassador Extraor- the Senate’s action and the Senate DC and to fight for legislation that is dinary and Plenipotentiary of the then resume legislative session. important to UK. And he is fiercely United States of America to the Union The PRESIDING OFFICER. Without loyal to the University of Kentucky. of the Comoros? objection, it is so ordered. Bill is not just an employee of UK, The nomination was confirmed. Mr. REID. For the information of all he’s also an alumnus. Bill earned his Senators, we expect these votes to be VOTE ON SISON NOMINATION bachelor’s degree in anthropology from such that we can confirm them by The PRESIDING OFFICER. Under the University of Kentucky in 1969 and voice vote. the previous order, the question is, Will his master’s degree, also in anthro- the Senate advise and consent to the f pology, from UK in 1978. nomination of Michele Jeanne Sison, of MORNING BUSINESS In his youth he served in the Peace Maryland, a Career Member of the Sen- Mr. REID. Mr. President, I ask unan- Corps in Guatemala, and he also served ior Foreign Service, Class of Career imous consent that the Senate proceed as the past president of the Society of Minister, to be Deputy Representative to a period of morning business, with Research Administrators, Inter- of the United States of America to the Senators permitted to speak therein national from 1997 to 1998. Bill pre- United Nations, with the rank and sta- for up to 10 minutes each. viously served as UK’s director of spon- tus of Ambassador Extraordinary and The PRESIDING OFFICER. Without sored program development in the 1980s Plenipotentiary, and the Deputy Rep- objection, it is so ordered. and ’90s before becoming the director of resentative of the United States of Federal relations in July of 1994. f America in the Security Council of the Bill has been a leader in the Science United Nations? TRIBUTE TO BILL SCHWERI Coalition, a nonprofit, nonpartisan or- The nomination was confirmed. Mr. MCCONNELL. Mr. President, I ganization of more than 50 of the Na- VOTE ON SISON NOMINATION rise today to pay tribute to a friend of tion’s leading research universities The PRESIDING OFFICER. Under mine and a great friend to the Blue- dedicated to sustaining the Federal the previous order, the question is, Will grass State and the University of Ken- Government’s investment in scientific the Senate advise and consent to the tucky, Mr. Bill Schweri. Bill recently research. He has also been actively in- nomination of Michele Jeanne Sison, of retired from the University of Ken- volved in the Council on Governmental Maryland, a Career Member of the Sen- tucky after dedicating over 40 years to Affairs of the Association of Public and ior Foreign Service, Class of Career working at the university, the last two Land Grant Universities. Minister, to be Representative of the decades of which were spent as the di- Bill is well known and highly re- United States of America to the Ses- rector of Federal relations. spected among his colleagues in Fed- sions of the General Assembly of the It has been Bill’s job to serve as a li- eral relations at other research univer- United Nations, during her tenure of aison between the university and its sities, just as he is throughout the service as Deputy Representative of faculty and the executive and legisla- Commonwealth of Kentucky. I wish to the United States of America to the tive branches of State and Federal personally thank Bill for his service to United Nations? Government. I am a proud graduate of the University of Kentucky and to our The nomination was confirmed. UK’s College of Law, and Bill has rep- State. Although his retirement is well The PRESIDING OFFICER. Under resented my alma mater exceedingly earned, he will certainly be missed, by the previous order, the motions to re- well over the years. me, by my staff, and by the many peo- consider are considered made and laid Bill has been a staunch advocate for ple across Kentucky who have bene- upon the table. The President will be new research initiatives at the univer- fited from his efforts. I ask my U.S. immediately notified of the Senate’s sity in fields as varied as agriculture, Senate colleagues to join me in bidding action. biotechnology, clean coal technology, a fond farewell to Mr. Bill Schweri. f energy, engineering, and transportation. He has helped transform UK f LEGISLATION SESSION into one of the most prominent eco- The PRESIDING OFFICER. The Sen- nomic drivers in the State. LETTERS IN RELATION TO ate will now resume legislative session. He has been instrumental in bringing RESIGNATION Mr. REID. I express my appreciation about such UK achievements as the to the Senator from Iowa for joining Marty Driesler Cancer Project, the ex- Mr. COBURN. Mr. President, I ask me. pansion of a teaching space in the Col- unanimous consent to have printed in f lege of Nursing, the creation of a the RECORD letters related to my res- bioinformatics core in the university’s ignation as a Member of the U.S. Sen- UNANIMOUS CONSENT AGREE- medical center, and Fedtrak, a project ate. MENT—EXECUTIVE CALENDAR with the Transportation Security Ad- There being no objection, the mate- Mr. REID. Mr. President, I ask unan- ministration to track sensitive mate- rial was ordered to be printed in the imous consent that following the vote rial shipments. RECORD, as follows:

VerDate Sep 11 2014 06:54 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.090 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6142 CONGRESSIONAL RECORD — SENATE November 19, 2014 U.S. SENATE, As a young House staffer, I noted that ADDITIONAL STATEMENTS November 12, 2014. numerous Congressmen respected Phil Hon. JOSEPH R. BIDEN, for his early advocacy of conservative President of the U.S. Senate. principles and his ties to the early days TRIBUTE TO JOHN R. BALLENTINE DEAR VICE PRESIDENT BIDEN, please find the attached document officially notifying of the modern conservative movement. ∑ Mr. BOOZMAN. Mr. President, I wish Oklahoma Governor Mary Fallin of my in- If you want to get a feel of Phil, then to honor John R. Ballentine, who will tent to resign my Senate seat on January 3, read his 1976 book ‘‘The Sum of Good retire as the Alma City Mayor after 2015. I further note that my resignation will Government.’’ more than two decades of public serv- be effective at 11:59 AM on that date. Phil Crane fought tirelessly as a sen- ice to the citizens of Arkansas in this Thank you for your service to our nation. ior member of the House Ways and elected position. Sincerely, Means Committee for his conservative As Alma City Mayor, John was a con- TOM A. COBURN, M.D. principles, including for lower taxes stant advocate for services, programs U.S. SENATE, and increasing trade. One of his great- and improvements for Alma residents. January 17, 2014. est legislative achievements was the After leading the city out of debt, John Governor MARY FALLIN, North American Free Trade Agree- oversaw the construction and financing Oklahoma City, OK. ment, which created the world’s largest of the city’s first waterpark. In 2000, DEAR GOVERNOR FALLIN, serving as Okla- free trade zone, linking up billions of John opened the Alma Aquatic Center, homa’s senator has been, and continues to be, one of the great privileges and blessings dollars annually. which has become a centerpiece of the of my life. But, after much prayer and con- With the passing of Phil Crane, Illi- city bringing in more than 50,000 people sideration, I have decided that I will leave nois and Washington have lost one of annually. What started as an idea the Senate before the end of my term. its greats. Thank you, Phil Crane, for dreamed up while baling hay became a I am therefore resigning my Senate seat ef- your service to the State of Illinois and significant contributor to the City of fective January 3, 2015. I am giving you sub- to our country. Alma’s economy. stantial advance notice with the hope that John fought hard to enhance existing you will be able to schedule a special elec- f public facilities and finance the new tion concurrent with the existing election CONGRATULATING JOHN COX schedule and not impose any undue burden construction of amenities including on Oklahoma taxpayers. Mr. BARRASSO. Mr. President, I area parks, a $4 million water treat- Thank you for your service to our great wish to recognize and congratulate ment plant, an annual Independence state. John Cox the Director of the Wyoming Day fireworks show, and the annual Sincerely, Department of Transportation. On No- Alma flying disk golf tournament TOM A. COBURN, M.D. vember 24, 2014, Director Cox will be which brings in over 100 participants f elected as president of the American every November. REMEMBERING PHILIP CRANE Association of State Highway and John’s passion for public service ex- Transportation Officials, AASHTO. Mr. KIRK. Mr. President, Illinois lost tends beyond his most recent position John is currently serving as the asso- its longest-serving Member of the as Alma’s longest standing mayor since ciation’s vice-president and has worked House of Representatives and this 1872. In addition, John served on the country lost one of the great leaders of his way to the top through various po- Alma City Council for 4 years, as a the conservative movement last week sitions in AASHTO. member of the Crawford County Since 2005, he has continually served when Philip Crane passed away at the Quorum Court for 10 years, and in the Wyoming as the WYDOT director. The age of 84. U.S. Army Reserves for 21 years. For 35 years Phil Crane represented respect for John is deep and wide- I congratulate John for his commit- Chicago’s northwest suburbs, a region I spread. He was appointed by Democrat ment to public service. We are all know well. He was first elected to Con- Governor Dave Freudenthal and re- grateful for his years of service and gress in 1969, winning a special elec- appointed by our current Republican leadership to Alma, Crawford County tion, and ultimately became the long- Governor Matt Mead. and Arkansas. John is truly a public est-serving House Republican when he John Cox is not your traditional servant. I wish him continued success was finally defeated in 2004. While I State Department of Transportation in his future endeavors.∑ served with Congressman Phil Crane in director. Director Cox has a 28-year f the House of only 4 years, our districts background in law enforcement. As a young patrolman, John patrolled thou- CONGRATULATING THE STAMFORD were adjacent to each other and to- JEWISH COMMUNITY CENTER gether we fought for many issues im- sands of miles on the rural roads of ∑ portant to suburban Chicago and Illi- Wyoming. Director Cox’s law enforce- Mr. MURPHY. Mr. President, I would nois. ment background provided him with a like to take this opportunity to con- Before conservative principles were unique perspective on the needs of gratulate the Stamford Jewish Com- fashionable, Phil was leading the way rural States like Wyoming. John un- munity Center for being the 2014 for conservatism, working for Barry derstands rural transportation. He also S.T.R.I.V.E., Sports Teach Respect Ini- Goldwater in 1964 in Illinois. When understands that our transportation tiative Values and Excellence, Organi- some said Phil’s politics of small gov- system must be whole. I believe his ex- zation of the Year. Each year the Na- ernment and low taxes were backward perience and leadership will be key to tional Council of Youth Sports, NCYS, looking, he responded with gusto, argu- the success of AASHTO and its mem- recognizes five finalist organizations ing in support of free markets and bers over the next year. that most meet the ‘‘kids first’’ ap- trade, prudent economics policies, a Director Cox and I have worked proach, evidenced by their implemen- strong national defense, and tradi- closely together for over a decade. tation of best practices and policies tional values. When I was in the Wyoming Legisla- that protect kids and promote safety. Phil was courageous and had fore- ture, I chaired the Senate Transpor- Those five finalist organizations are sight. In 1976 he was the first sitting tation and Military Affairs Committee. then put on the NCYS website for vot- Congressman to publicly support In the Wyoming Legislature, we ing by the public. The award, sponsored Reagan in his effort to defeat President worked to improve our State’s high- by AIG, is presented to organizations Gerald Ford. He also founded the Re- ways. In the U.S. Senate, we worked on that exhibit heartfelt passion and show publican Study Committee, which still the 2012 highway reauthorization bill. a committed spirit to helping kids suc- exists today in the House of Represent- In 2014, Director Cox and I focused on ceed in sports, while maintaining a atives. He also was deeply involved in improving the current law by cutting commitment to safety procedures. the early days of two of the most influ- Washington redtape and providing Since opening its doors in 1916, the ential conservative think tanks, the flexibility and equity for rural States Stamford JCC has become a valuable Heritage Foundation and the American like Wyoming. community resource, especially well- Conservative Union. I look forward to continuing to work known for its continuum of safe, sup- In 1980 Phil took a run for President, with Director Cox as all of America can portive, and inclusive health and fit- ultimately falling to Ronald Reagan. now benefit from his leadership. ness programs for children and youth

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.042 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6143 of all abilities, backgrounds, and finan- S. 2141. An act to amend the Federal Food, EXECUTIVE AND OTHER cial circumstances. This year, more Drug, and Cosmetic Act to provide an alter- COMMUNICATIONS native process for review of safety and effec- than 1,500 kids, ages 3 to 16, have taken The following communications were part in their ‘‘kids-first’’ recreational tiveness of nonprescription sunscreen active ingredients and for other purposes. laid before the Senate, together with activities, created to promote such at- S. 2539. An act to amend the Public Health accompanying papers, reports, and doc- tributes as teamwork, community en- Service Act to reauthorize certain programs uments, and were referred as indicated: gagement, and sportsmanship. relating to traumatic brain injury and to EC–7782. A communication from the Board NCYS is the largest known organiza- trauma research. Chair and Chief Executive Officer, Farm tion in America representing the youth S. 2583. An act to promote the non-exclu- Credit Administration, transmitting, pursu- sports industry, and this award is an sive use of electronic labeling for devices li- ant to law, the Administration’s Semiannual important recognition that the Stam- censed by the Federal Communications Com- Report of the Inspector General and the ford JCC is excelling at helping kids in mission. Semiannual Management Report on the Sta- our community. Comprised of the The enrolled bills were subsequently tus of Audits for the period from April 1, 2014 who’s who in the youth sports indus- signed by the President pro tempore through September 30, 2014; to the Com- mittee on Homeland Security and Govern- (Mr. LEAHY) try, NCYS was founded in 1979, and its mental Affairs. membership represents more than 200 EC–7783. A communication from the Assist- organizations/corporations serving At 1:44 p.m., a message from the ant Secretary, Office of Legislative Affairs, 60,000,000 registered participants in or- House of Representatives, delivered by Department of Homeland Security, transmit- ganized youth sports programs. Its Mr. Novotny, one of its reading clerks, ting, pursuant to law, a report relative to In- members include organizations such as announced that the House has passed ternal Affairs Investigations for the period of the American Association of the following bill, in which it requests January 2014 through June 2014; to the Com- the concurrence of the Senate: mittee on Homeland Security and Govern- Cheerleading Coaches and Administra- mental Affairs. tors—Cheer Safe, American Legion H.R. 1422. An act to amend the Environ- EC–7784. A communication from the Chair- Baseball, American Youth Soccer Orga- mental Research, Development, and Dem- man of the Council of the District of Colum- nization, Jewish Community Centers onstration Authorization Act of 1978 to pro- bia, transmitting, pursuant to law, a report vide for Scientific Advisory Board member Association of North America, YMCA on D.C. Act 20–441, ‘‘Business Improvement qualifications, public participation, and for Districts Amendment Act of 2014’’; to the of America, Pop Warner, Special Olym- other purposes. pics North America, and the U.S. Ten- Committee on Homeland Security and Gov- f ernmental Affairs. nis Association. EC–7785. A communication from the Chair- Again, I commend the Stamford JCC MEASURES REFERRED man of the Council of the District of Colum- for this wonderful achievement, and bia, transmitting, pursuant to law, a report the great work they are doing in the The following bill was read the first on D.C. Act 20–424, ‘‘Fiscal Year 2015 Budget city of Stamford.∑ and the second times by unanimous Support Act of 2014’’; to the Committee on Homeland Security and Governmental Af- f consent, and referred as indicated: H.R. 1422. An act to amend the Environ- fairs. EC–7786. A communication from the Chair- MESSAGES FROM THE PRESIDENT mental Research, Development, and Dem- man of the Council of the District of Colum- onstration Authorization Act of 1978 to pro- Messages from the President of the bia, transmitting, pursuant to law, a report vide for Scientific Advisory Board member United States were communicated to on D.C. Act 20–437, ‘‘Voter Registration Ac- qualifications, public participation, and for the Senate by Mr. Pate, one of his sec- cess and Modernization Amendment Act of other purposes; to the Committee on Envi- retaries. 2014’’; to the Committee on Homeland Secu- ronment and Public Works. f rity and Governmental Affairs. f EC–7787. A communication from the Chair- EXECUTIVE MESSAGES REFERRED man of the Council of the District of Colum- In executive session the Presiding Of- ENROLLED BILLS PRESENTED bia, transmitting, pursuant to law, a report ficer laid before the Senate messages on D.C. Act 20–442, ‘‘Extension of Time to The Secretary of the Senate reported Dispose of the Strand Theater Temporary from the President of the United that on today, November 19, 2014, she Amendment Act of 2014’’; to the Committee States submitting sundry nominations had presented to the President of the on Homeland Security and Governmental Af- and a withdrawal which were referred United States the following enrolled fairs. to the appropriate committees. bills: EC–7788. A communication from the Chair- (The messages received today are man of the Council of the District of Colum- S. 885. An act to designate the facility of bia, transmitting, pursuant to law, a report printed at the end of the Senate pro- the United States Postal Service located at ceedings.) on D.C. Act 20–443, ‘‘Medical Marijuana Ex- 35 Park Street in Danville, Vermont, as the pansion Temporary Amendment Act of 2014’’; f ‘‘Thaddeus Stevens Post Office’’. to the Committee on Homeland Security and S. 1093. An act to designate the facility of MESSAGES FROM THE HOUSE Governmental Affairs. the United States Postal Service located at EC–7789. A communication from the Chair- ENROLLED BILLS SIGNED 130 Caldwell Drive in Hazlehurst, Mississippi, man of the Council of the District of Colum- At 10:40 a.m., a message from the as the ‘‘First Lieutenant Alvin Chester bia, transmitting, pursuant to law, a report House of Representatives, delivered by Cockrell, Jr. Post Office Building’’. on D.C. Act 20–440, ‘‘Special Election Reform S. 1499. An act to designate the facility of Amendment Act of 2014’’; to the Committee Mrs. Cole, one of its reading clerks, an- the United States Postal Service located at nounced that the Speaker has signed on Homeland Security and Governmental Af- 278 Main Street in Chadron, Nebraska, as the fairs. the following enrolled bills: ‘‘Sergeant Cory Mracek Memorial Post Of- EC–7790. A communication from the Chair- S. 885. An act to designate the facility of fice’’. man of the Council of the District of Colum- the United States Postal Service located at S. 1512. An act to designate the facility of bia, transmitting, pursuant to law, a report 35 Park Street in Danville, Vermont, as the the United States Postal Service located at on D.C. Act 20–439, ‘‘Critical Infrastructure ‘‘Thaddeus Stevens Post Office’’. 1335 Jefferson Road in Rochester, New York, Freedom of Information Amendment Act of S. 1093. An act to designate the facility of as the ‘‘Specialist Theodore Matthew Glende 2014’’; to the Committee on Homeland Secu- the United States Postal Service located at Post Office’’. rity and Governmental Affairs. 130 Caldwell Drive in Hazlehurst, Mississippi, S. 2141. An act to amend the Federal Food, EC–7791. A communication from the Chair- as the ‘‘First Lieutenant Alvin Chester Drug, and Cosmetic Act to provide an alter- man of the Council of the District of Colum- Cockrell, Jr. Post Office Building’’. native process for review of safety and effec- bia, transmitting, pursuant to law, a report S. 1499. An act to designate the facility of tiveness of nonprescription sunscreen active on D.C. Act 20–438, ‘‘Workers’ Compensation the United States Postal Service located at ingredients and for other purposes. Statute of Limitations Amendment Act of 278 Main Street in Chadron, Nebraska, as the S. 2539. An act to amend the Public Health 2014’’; to the Committee on Homeland Secu- ‘‘Sergeant Cory Mracek Memorial Post Of- Service Act to reauthorize certain programs rity and Governmental Affairs. fice’’. relating to traumatic brain injury and to EC–7792. A communication from the Chair- S. 1512. An act to designate the facility of trauma research. man of the Council of the District of Colum- the United States Postal Service located at S. 2583. An act to promote the non-exclu- bia, transmitting, pursuant to law, a report 1335 Jefferson Road in Rochester, New York, sive use of electronic labeling for devices lion D.C. Act 20–425, ‘‘Small and Certified as the ‘‘Specialist Theodore Matthew Glende censed by the Federal Communications Com- Business Enterprise Development and Assist- Post Office’’. mission. ance Waiver Certification Temporary

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.095 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6144 CONGRESSIONAL RECORD — SENATE November 19, 2014 Amendment Act of 2014’’; to the Committee mitting, pursuant to law, a semiannual re- motion, Consumer Education and Industry on Homeland Security and Governmental Af- port entitled, ‘‘Acceptance of Contributions Information Order; Late Payment and Inter- fairs. for Defense Programs, Projects, and Activi- est Charges on Past Due Assessments’’ EC–7793. A communication from the Chair- ties; Defense Cooperation Account’’; to the (Docket No. AMS–FV–12–0023) received dur- man of the Council of the District of Colum- Committee on Armed Services. ing adjournment of the Senate in the Office bia, transmitting, pursuant to law, a report EC–7803. A communication from the Admi- of the President of the Senate on November on D.C. Act 20–423, ‘‘Sustainable Solid Waste ral, Naval Reactors, transmitting, pursuant 14, 2014; to the Committee on Agriculture, Management Amendment Act of 2014’’; to the to law, reports relative to the Naval Nuclear Nutrition, and Forestry. Committee on Homeland Security and Gov- Propulsion Program’s reports on environ- EC–7813. A communication from the Chief ernmental Affairs. mental monitoring and radioactive waste of the Publications and Regulations Branch, EC–7794. A communication from the Chair- disposal, radiation exposure, and occupa- Internal Revenue Service, Department of the man of the Council of the District of Colum- tional safety and health; to the Committee Treasury, transmitting, pursuant to law, the bia, transmitting, pursuant to law, a report on Armed Services. report of a rule entitled ‘‘Allocation of Basis on Council Resolution 20–624, ‘‘Transfer of EC–7804. A communication from the Assist- in All Cash D Reorganizations’’ ((RIN1545– Jurisdiction of a Portion of Reservation 497 ant Secretary of Defense (Homeland Defense BJ21) (TD 9702)) received in the Office of the (Square 3712, Lots 101–104) Approval Resolu- and Global Security), transmitting, pursuant President of the Senate on November 12, tion 2014’’; to the Committee on Homeland to law, a report relative to a consolidated 2014; to the Committee on Finance. Security and Governmental Affairs. budget justification display that includes all EC–7814. A communication from the Chief EC–7795. A communication from the Direc- programs and activities of the Department of of the Publications and Regulations Branch, tor, Policy and Planning Analysis, Office of Defense combating terrorism program; to Internal Revenue Service, Department of the Personnel Management, transmitting, pursu- the Committee on Armed Services. Treasury, transmitting, pursuant to law, the ant to law, the report of a rule entitled EC–7805. A communication from the Chair- report of a rule entitled ‘‘Allocation of Earn- ‘‘Federal Employees Health Benefits Pro- man, Consumer Product Safety Commission, ings and Profits in Tax-Free Transfers from gram Modification of Eligibility to Certain transmitting, pursuant to law, a report rel- One Corporation to Another; Acquiring Cor- Employees on Temporary Appointments and ative to a violation of the Antideficiency poration for Purposes of Section 381’’ Certain Employees on Seasonal and Inter- Act; to the Committee on Appropriations. ((RIN1545–BK73 and RIN1545–BL80) (TD 9700)) mittent Schedules’’ (RIN3206–AM86) received EC–7806. A communication from the Ad- received in the Office of the President of the during adjournment of the Senate in the Of- ministrator of the Environmental Protection Senate on November 12, 2014; to the Com- fice of the President of the Senate on No- Agency, transmitting, pursuant to law, a re- mittee on Finance. vember 3, 2014; to the Committee on Home- port entitled ‘‘Fiscal Year 2013 Superfund EC–7815. A communication from the Chief land Security and Governmental Affairs. Five-Year Review Report to Congress’’; to of the Publications and Regulations Branch, EC–7796. A communication from the Assist- the Committee on Environment and Public Internal Revenue Service, Department of the ant Attorney General, Office of Legislative Works. Treasury, transmitting, pursuant to law, the Affairs, Department of Justice, transmit- EC–7807. A communication from the Direc- report of a rule entitled ‘‘2015 Limitations ting, pursuant to law, a report entitled ‘‘2013 tor, Office of Surface Mining Reclamation Adjusted As Provided in Section 415(d), etc.’’ Annual Report of the National Institute of and Enforcement, Department of the Inte- (Notice 2014–70) received during adjournment Justice’’; to the Committee on the Judiciary. rior, transmitting, pursuant to law, the re- of the Senate in the Office of the President EC–7797. A communication from the Acting port of a rule entitled ‘‘Excess Spoil, Coal of the Senate on September 19, 2014; to the Chief of the Regulation Policy and Manage- Mine Waste, Diversions, and Buffer Zones for Committee on Finance. EC–7816. A communication from the Assist- ment Office of the General Counsel, Veterans Perennial and Intermittent Streams’’ ant General Counsel, General Law, Ethics, Health Administration, Department of Vet- ((RIN1029–AC69) (Docket ID OSM–2012–0010)) and Regulation, Department of the Treasury, erans Affairs, transmitting, pursuant to law, received during adjournment of the Senate transmitting, pursuant to law, a report rel- the report of a rule entitled ‘‘Technical Cor- in the Office of the President of the Senate ative to a vacancy in the position of Mem- rections Based on Public Law 104–262’’ on November 14, 2014; to the Committee on ber, IRS Oversight Board, received during (RIN2900–AO93) received in the Office of the Energy and Natural Resources. adjournment of the Senate in the Office of President of the Senate on November 12, EC–7808. A communication from the Sec- the President of the Senate on November 14, 2014; to the Committee on Veterans’ Affairs. retary of Energy, transmitting, pursuant to 2014; to the Committee on Finance. EC–7798. A communication from the Acting law, a report entitled ‘‘Fiscal Year 2013 EC–7817. A communication from the Sec- Chief of the Regulation Policy, Tracking, Methane Hydrate Program’’; to the Com- retary of the Treasury, transmitting, pursu- and Control Office of the General Counsel, mittee on Energy and Natural Resources. ant to law, a six-month periodic report on EC–7809. A communication from the Chief Veterans Health Administration, Depart- the national emergency with respect to of Staff, U.S. Agency for International De- ment of Veterans Affairs, transmitting, pur- Yemen that was originally declared in Exec- suant to law, the report of a rule entitled velopment (USAID), transmitting, pursuant utive Order 13611 on May 16, 2012; to the Com- ‘‘Designee for Patient Personal Property’’ to law, a report relative to a vacancy in the mittee on Banking, Housing, and Urban Af- (RIN2900–AO41) received in the Office of the position of Inspector General, U.S. Agency fairs. President of the Senate on November 12, for International Development (USAID), re- EC–7818. A communication from the Sec- 2014; to the Committee on Veterans’ Affairs. ceived during adjournment of the Senate in retary of the Treasury, transmitting, pursu- EC–7799. A communication from the Acting the Office of the President of the Senate on ant to law, a six-month periodic report on Director of the Regulation Policy and Man- November 14, 2014; to the Committee on For- the national emergency with respect to agement Office of the General Counsel, Vet- eign Relations. Syria that was declared in Executive Order erans Health Administration, Department of EC–7810. A communication from the Chair- 13338 of May 11, 2004; to the Committee on Veterans Affairs, transmitting, pursuant to man, Farm Credit System Insurance Cor- Banking, Housing, and Urban Affairs. law, the report of a rule entitled ‘‘Expanded poration, transmitting, pursuant to law, the EC–7819. A communication from the Sec- Access to Non-VA Care through the Veterans Corporation’s annual report for calendar retary of the Treasury, transmitting, pursu- Choice Program’’ (RIN2900–AO24) received year 2013; to the Committee on Agriculture, ant to law, a six-month periodic report on during adjournment of the Senate in the Of- Nutrition, and Forestry. the national emergency with respect to the fice of the President of the Senate on No- EC–7811. A communication from the Asso- Central African Republic that was declared vember 4, 2014; to the Committee on Vet- ciate Administrator of the Fruit and Vege- in Executive Order 13667 of May 12, 2014; to erans’ Affairs. table Programs, Agricultural Marketing the Committee on Banking, Housing, and EC–7800. A communication from the Acting Service, Department of Agriculture, trans- Urban Affairs. Director of the Regulation Policy and Man- mitting, pursuant to law, the report of a rule EC–7820. A communication from the Assist- agement Office of the General Counsel, Vet- entitled ‘‘Marketing Order Regulating the ant Secretary for Export Administration, erans Health Administration, Department of Handling of Spearmint Oil Produced in the Bureau of Industry and Security, Depart- Veterans Affairs, transmitting, pursuant to Far West; Revision of the Salable Quantity ment of Commerce, transmitting, pursuant law, the report of a rule entitled ‘‘Exempting and Allotment Percentage for Class 1 to law, the report of a rule entitled ‘‘Clari- Mental Health Peer Support Services from (Scotch) Spearmint Oil for the 2014–2015 Mar- fications and Corrections to the Export Ad- Copayments’’ (RIN2900–AP11) received during keting Year’’ (Docket No. AMS–FV–13–0087; ministration Regulations (EAR): Control of adjournment of the Senate in the Office of FV14–985–1A IR) received during adjourn- Spacecraft Systems and Related Items the the President of the Senate on November 14, ment of the Senate in the Office of the Presi- President Determines No Longer Warrant 2014; to the Committee on Veterans’ Affairs. dent of the Senate on November 14, 2014; to Control Under the United States Munitions EC–7801. A communication from the Assist- the Committee on Agriculture, Nutrition, List (USML)’’ (RIN0694–AF87) received in the ant Secretary of Defense (Legislative Af- and Forestry. Office of the President of the Senate on No- fairs), transmitting, legislative proposals EC–7812. A communication from the Asso- vember 13, 2014; to the Committee on Bank- relative to the ‘‘National Defense Authoriza- ciate Administrator of the Fruit and Vege- ing, Housing, and Urban Affairs. tion Act for Fiscal Year 2015’’; to the Com- table Programs, Agricultural Marketing EC–7821. A communication from the Assist- mittee on Armed Services. Service, Department of Agriculture, trans- ant Secretary for Export Administration, EC–7802. A communication from the Under mitting, pursuant to law, the report of a rule Bureau of Industry and Security, Depart- Secretary of Defense (Comptroller), trans- entitled ‘‘Softwood Lumber Research, Pro- ment of Commerce, transmitting, pursuant

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.011 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6145 to law, the report of a rule entitled ‘‘Ven- mittee on Homeland Security and Govern- law, a report relative to ten audit reports ezuela: Implementation of Certain Military mental Affairs. issued during fiscal year 2014 relative to the End Uses and End Users License Require- EC–7831. A communication from the Acting Agency and the Thrift Savings Plan; to the ments under the Export Administration Reg- District of Columbia Auditor, transmitting, Committee on Homeland Security and Gov- ulations’’ (RIN0694–AG31) received in the Of- pursuant to law, a report entitled ‘‘Outcomes ernmental Affairs. fice of the President of the Senate on No- of the Temporary Assistance to Needy Fami- EC–7842. A communication from the Acting vember 13, 2014; to the Committee on Bank- lies Employment Program’’; to the Com- District of Columbia Auditor, transmitting, ing, Housing, and Urban Affairs. mittee on Homeland Security and Govern- pursuant to law, a report entitled ‘‘Audit of EC–7822. A communication from the Assist- mental Affairs. the Anacostia River Clean Up Protection ant General Counsel, General Law, Ethics, EC–7832. A communication from the Chair- Fund’’; to the Committee on Homeland Secu- and Regulation, Department of the Treasury, man of the Council of the District of Colum- rity and Governmental Affairs. transmitting, pursuant to law, four (4) re- bia, transmitting, pursuant to law, a report EC–7843. A communication from the Ad- ports relative to vacancies in the Depart- on D.C. Act 20–451, ‘‘Rent Control Hardship ministrator and Chief Executive Officer, ment of the Treasury, received during ad- Petition Limitation Temporary Amendment Bonneville Power Administration, Depart- journment of the Senate in the Office of the Act of 2014’’; to the Committee on Homeland ment of Energy, transmitting, pursuant to President of the Senate on November 14, Security and Governmental Affairs. law, the Administration’s Annual Report for 2014; to the Committee on Banking, Housing, EC–7833. A communication from the Chair- fiscal year 2014; to the Committee on Home- and Urban Affairs. man of the Council of the District of Colum- land Security and Governmental Affairs. EC–7823. A communication from the Chief bia, transmitting, pursuant to law, a report EC–7844. A communication from the Direc- Counsel, Federal Emergency Management on D.C. Act 20–453, ‘‘Tenant Opportunity to tor of the Regulations, Legislation, and In- Agency, Department of Homeland Security, Purchase Temporary Amendment Act of terpretation Division, Wage and Hour Divi- transmitting, pursuant to law, the report of 2014’’; to the Committee on Homeland Secu- sion, Department of Labor, transmitting, a rule entitled ‘‘Suspension of Community rity and Governmental Affairs. pursuant to law, the report of a rule entitled Eligibility’’ ((44 CFR Part 64) (Docket No. EC–7834. A communication from the Chair- ‘‘Establishing a Minimum Wage for Contrac- FEMA–2014–0002)) received during adjourn- man of the Council of the District of Colum- tors’’ (RIN1235–AA10) received in the Office ment of the Senate in the Office of the Presi- bia, transmitting, pursuant to law, a report of the President of the Senate on November dent of the Senate on November 14, 2014; to on D.C. Act 20–452, ‘‘Georgia Avenue Great 13, 2014; to the Committee on Homeland Se- the Committee on Banking, Housing, and Streets Neighborhood Retail Priority Area curity and Governmental Affairs. Urban Affairs. Amendment Act of 2014’’; to the Committee EC–7845. A communication from the Assist- EC–7824. A communication from the Spe- on Homeland Security and Governmental Af- ant Secretary, Office of Legislative Affairs, cial Inspector General for the Troubled Asset fairs. Department of Homeland Security, transmit- Relief Program, transmitting, pursuant to EC–7835. A communication from the Chair- ting, pursuant to law, a report entitled ‘‘An- law, the October 2014 Quarterly Report to man of the Council of the District of Colum- nual Report on the Use of Special Immigrant Congress of the Special Inspector General for bia, transmitting, pursuant to law, a report Status for Citizens or Nationals of Afghani- the Troubled Asset Relief Program; to the on D.C. Act 20–458, ‘‘Protecting Pregnant stan or Iraq: Combined Fiscal Years 2012 and Committee on Banking, Housing, and Urban Workers Fairness Act of 2014’’; to the Com- 2013’’; to the Committee on the Judiciary. Affairs. mittee on Homeland Security and Govern- EC–7846. A communication from the Direc- EC–7825. A communication from the Assist- mental Affairs. tor of Congressional Activities (Intel- ant Secretary, Employee Benefits Security EC–7836. A communication from the Direc- ligence), Office of the Under Secretary of De- Administration, Department of Labor, trans- tor, Office of Personnel Management, trans- fense, transmitting, pursuant to law, a re- mitting, pursuant to law, the report of a rule mitting, pursuant to law, a report entitled port of a delay in submission of a report rel- entitled ‘‘Amendments to Excepted Bene- ‘‘U.S. Office of Personnel Management ative to data mining; to the Committee on fits’’ (RIN1210–AB60) received during ad- (OPM) Annual Privacy Activity Report to the Judiciary. journment of the Senate in the Office of the Congress for Fiscal Year 2014’’; to the Com- EC–7847. A communication from the Assist- President of the Senate on September 30, mittee on Homeland Security and Govern- ant Attorney General, Office of Legislative 2014; to the Committee on Health, Education, mental Affairs. Affairs, Department of Justice, transmit- Labor, and Pensions. EC–7837. A communication from the Direc- ting, pursuant to law, a report entitled ‘‘2013 EC–7826. A communication from the Dep- tor, Retirement Services, Office of Personnel Annual Report of the National Institute of uty Director, Centers for Medicare and Med- Management, transmitting, pursuant to law, Justice’’; to the Committee on the Judiciary. icaid Services, Department of Health and the report of a rule entitled ‘‘Federal Em- EC–7848. A communication from the Fed- Human Services, transmitting, pursuant to ployees’ Retirement System; Present Value eral Liaison Officer, Patent and Trademark law, the report of a rule entitled ‘‘Amend- Conversion Factors for Spouses of Deceased Office, Department of Commerce, transmit- ments to Excepted Benefits’’ ((RIN0938–AS16) Separated Employees’’ (RIN3206–AM99) re- ting, pursuant to law, the report of a rule en- (CMS–9946-F)) received during adjournment ceived during adjournment of the Senate in titled ‘‘Changes to Continued Prosecution of the Senate in the Office of the President the Office of the President of the Senate on Application Practice’’ (RIN0651–AC92) re- of the Senate on September 29, 2014; to the November 7, 2014; to the Committee on ceived during adjournment of the Senate in Committee on Health, Education, Labor, and Homeland Security and Governmental Af- the Office of the President of the Senate on Pensions. fairs. November 14, 2014; to the Committee on the EC–7827. A communication from the Sec- EC–7838. A communication from the Under Judiciary. retary of Health and Human Services, trans- Secretary of Defense (Comptroller), trans- EC–7849. A communication from the Fed- mitting, pursuant to law, a report entitled mitting, pursuant to law, a report relative to eral Liaison Officer, Patent and Trademark ‘‘Targeted Grants to Increase the Well-Being the Department of Defense Agency Financial Office, Department of Commerce, transmit- of, and to Improve the Permanency Out- Report (AFR) for fiscal year 2014; to the ting, pursuant to law, the report of a rule en- comes for, Children Affected by Meth- Committee on Homeland Security and Gov- titled ‘‘Changes to Permit Delayed Submis- amphetamine or Other Substance Abuse: ernmental Affairs. sion of Certain Requirements for Prioritized Fourth Annual Report to Congress’’; to the EC–7839. A communication from the Acting Examination’’ (RIN0651–AC93) received dur- Committee on Health, Education, Labor, and Commissioner of Social Security, transmit- ing adjournment of the Senate in the Office Pensions. ting, pursuant to law, the Agency Financial of the President of the Senate on November EC–7828. A communication from the Under Report for Fiscal Year 2014; to the Com- 14, 2014; to the Committee on the Judiciary. Secretary of Defense (Comptroller), trans- mittee on Homeland Security and Govern- EC–7850. A communication from the Trial mitting, pursuant to law, a report relative to mental Affairs. Attorney, Federal Railroad Administration, the Department of Defense Agency Financial EC–7840. A communication from the Acting Department of Transportation, transmitting, Report (AFR) for fiscal year 2014; to the Chief Counsel, Federal Emergency Manage- pursuant to law, the report of a rule entitled Committee on Homeland Security and Gov- ment Agency, Department of Homeland Se- ‘‘Training, Qualification, and Oversight for ernmental Affairs. curity, transmitting, pursuant to law, the re- Safety-Related Railroad Employees’’ EC–7829. A communication from the Sec- port of a rule entitled ‘‘Disaster Assistance; (RIN2130–AC06) received during adjournment retary of Housing and Urban Development, Fire Management Assistance Grant (FMAG) of the Senate in the Office of the President transmitting, pursuant to law, the Depart- Program—Deadline Extensions and Adminis- of the Senate on November 14, 2014; to the ment’s fiscal year 2013 annual report relative trative Correction’’ ((RIN1660–AA78) (44 CFR Committee on Commerce, Science, and to the Notification and Federal Employee Parts 204 and 206) (Docket No. FEMA–2013– Transportation. Antidiscrimination and Retaliation Act; to 0004)) received during adjournment of the EC–7851. A communication from the Gen- the Committee on Homeland Security and Senate in the Office of the President of the eral Attorney, Office of the General Counsel, Governmental Affairs. Senate on November 14, 2014; to the Com- Consumer Product Safety Commission, EC–7830. A communication from the Chair- mittee on Homeland Security and Govern- transmitting, pursuant to law, the report of man, Merit Systems Protection Board, mental Affairs. a rule entitled ‘‘Final Rule: Safety Standard transmitting, pursuant to law, a report enti- EC–7841. A communication from the Execu- for Magnet Sets’’ (CPSC Docket No. CPSC– tled ‘‘Veterans’ Employment Redress Laws tive Director, Federal Retirement Thrift In- 2012–0050) received during adjournment of the in the Federal Civil Service’’; to the Com- vestment Board, transmitting, pursuant to Senate in the Office of the President of the

VerDate Mar 15 2010 03:57 Jul 12, 2015 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD14\NOV 2014\S19NO4.REC S19NO4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6146 CONGRESSIONAL RECORD — SENATE November 19, 2014 Senate on November 14, 2014; to the Com- the Office of the President of the Senate on ceived in the Office of the President of the mittee on Commerce, Science, and Transpor- October 22, 2014; to the Committee on Com- Senate on November 12, 2014; to the Com- tation. merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- EC–7852. A communication from the Regu- EC–7859. A communication from the Attor- tation. lations Officer, Federal Highway Adminis- ney-Advisor, Office of the General Counsel, EC–7866. A communication from the Chief tration, Department of Transportation, Department of Transportation, transmitting, of Staff, Media Bureau, Federal Communica- transmitting, pursuant to law, the report of pursuant to law, a report relative to a va- tions Commission, transmitting, pursuant to a rule entitled ‘‘Environmental Impact and cancy in the position of Administrator, Pipe- law, the report of a rule entitled ‘‘Amend- Related Procedures—Programmatic Agree- line and Hazardous Materials Safety Admin- ment of Section 73.622(i), Post-Transition ments and Additional Categorical Exclu- istration, Department of Transportation, re- Table of DTV Allotments, Television Broad- sions’’ (RIN2125–AF59) received during ad- ceived during adjournment of the Senate in cast Stations. (Rome, Georgia)’’ ((MB Dock- journment of the Senate in the Office of the the Office of the President of the Senate on et No. 14–141) (DA 14–1577)) received in the Of- President of the Senate on October 9, 2014; to October 20, 2014; to the Committee on Com- fice of the President of the Senate on No- the Committee on Commerce, Science, and merce, Science, and Transportation. vember 12, 2014; to the Committee on Com- Transportation. EC–7860. A communication from the Ad- merce, Science, and Transportation. EC–7853. A communication from the Para- ministrator, Transportation Security Ad- EC–7867. A communication from the Chief legal Specialist, Federal Transit Administra- ministration, Department of Homeland Se- of Staff, Media Bureau, Federal Communica- tion, Department of Transportation, trans- curity, transmitting, pursuant to law, a re- tions Commission, transmitting, pursuant to mitting, pursuant to law, the report of a rule port relative to the Administration’s deci- law, the report of a rule entitled ‘‘Amend- entitled ‘‘Emergency Relief Program’’ sion to enter into a contract with a private ment of Section 73.622(i), Post-Transition (RIN2132–AB13) received during adjournment security screening company to provide Table of DTV Allotments, Television Broad- of the Senate in the Office of the President screening services at Orlando Sanford Inter- cast Stations. (Kansas City, Missouri)’’ ((MB of the Senate on October 9, 2014; to the Com- national Airport (SFB); to the Committee on Docket No. 14–140) (DA 14–1578)) received in mittee on Commerce, Science, and Transpor- Commerce, Science, and Transportation. the Office of the President of the Senate on tation. EC–7861. A communication from the Asso- November 12, 2014; to the Committee on EC–7854. A communication from the Para- ciate Bureau Chief, Wireline Competition Commerce, Science, and Transportation. legal Specialist, Federal Transit Administra- Bureau, Federal Communications Commis- EC–7868. A communication from the Chief tion, Department of Transportation, trans- sion, transmitting, pursuant to law, the re- of Staff, Media Bureau, Federal Communica- mitting, pursuant to law, the report of a rule port of a rule entitled ‘‘Special Access for tions Commission, transmitting, pursuant to entitled ‘‘Environmental Impact and Related Price Cap Local Exchange Carriers; AT and law, the report of a rule entitled ‘‘Amend- Procedures—Programmatic Agreements and T Corporation Petition for Rulemaking to ment of Section 73.202(b), Table of Allot- Additional Categorical Exclusions’’ Reform Regulation of Incumbent Local Ex- ments, FM Broadcast Stations. (Centerville, (RIN2132–AB14) received during adjournment change Carrier Rates for Interstate Special Texas); Station KKEE, Centerville, Texas’’ of the Senate in the Office of the President Access Services’’ ((WC Docket No. 05–25) (DA ((MB Docket No. 14–56) (DA 14–1360)) received of the Senate on October 9, 2014; to the Com- 14–1327)) received during adjournment of the during adjournment of the Senate in the Of- mittee on Commerce, Science, and Transpor- Senate in the Office of the President of the fice of the President of the Senate on Octo- tation. Senate on October 20, 2014; to the Committee ber 6, 2014; to the Committee on Commerce, EC–7855. A communication from the Fed- on Commerce, Science, and Transportation. Science, and Transportation. eral Register Liaison Officer, Alcohol and EC–7862. A communication from the Legal EC–7869. A communication from the Chief Tobacco Tax and Trade Bureau, Department Advisor, Wireless Telecommunications Bu- of Staff, Media Bureau, Federal Communica- of the Treasury, transmitting, pursuant to reau, Federal Communications Commission, tions Commission, transmitting, pursuant to law, the report of a rule entitled ‘‘Establish- transmitting, pursuant to law, the report of law, the report of a rule entitled ‘‘Amend- ment of the Eagle Peak Mendocino County a rule entitled ‘‘Acceleration of Broadband ment of Section 73.202(b), Table of Allot- Viticultural Area and Realignments of the Deployment by Improving Wireless Facili- ments, FM Broadcast Stations. (Toquerville, Utah); New FM Station, Peach Springs, Ari- Mendocino and Redwood Valley Viticultural ties Siting Policies; Acceleration of zona’’ ((MB Docket No. 14–54) (DA 14–1361)) Areas’’ (RIN1513–AB96) received during ad- Broadband Deployment: Expanding the received during adjournment of the Senate journment of the Senate in the Office of the Reach and Reducing the Cost of Broadband in the Office of the President of the Senate President of the Senate on October 27, 2014; Deployment by Improving Policies Regard- on October 6, 2014; to the Committee on Com- to the Committee on Commerce, Science, ing Public Rights of Way and Wireless Fa- merce, Science, and Transportation. and Transportation. cilities Siting; 2012 Biennial Review of Tele- EC–7870. A communication from the Sec- EC–7856. A communication from the Fed- communications Regulations’’ ((WT Docket retary of Transportation, transmitting, pur- eral Register Liaison Officer, Alcohol and No. 13–238; WT Docket No. 11–59; WT Docket suant to law, a report relative to rec- Tobacco Tax and Trade Bureau, Department No. 13–32) (FCC 14–153)) received during ad- ommendations of the Advisory Committee of the Treasury, transmitting, pursuant to journment of the Senate in the Office of the on Aviation Consumer Protection; to the law, the report of a rule entitled ‘‘Establish- President of the Senate on November 3, 2014; Committee on Commerce, Science, and ment of the Adelaida District, Creston Dis- to the Committee on Commerce, Science, Transportation. trict, El Pomar District, Paso Robles and Transportation. EC–7871. A communication from the Sec- Estrella District, Paso Robles Geneseo Dis- EC–7863. A communication from the Chief retary of Transportation, transmitting, pur- trict, Paso Robles Highlands District, Paso of Staff, Media Bureau, Federal Communica- suant to law, a report entitled ‘‘National Robles Willow Creek District, San Juan tions Commission, transmitting, pursuant to Plan of Integrated Airport Systems (NPIAS) Creek, San Miguel District, Santa Margarita law, the report of a rule entitled ‘‘Amend- 2015–2019’’; to the Committee on Commerce, Ranch, and Templeton Gap District ment of Section 73.202(b), Table of Allot- Science, and Transportation. Viticultural Areas’’ (RIN1513–AB68) received ments, FM Broadcast Stations. (Pearsall, EC–7872. A communication from the Dep- during adjournment of the Senate in the Of- Texas)’’ ((MB Docket No. 13–23) (DA 13–1603)) uty Assistant Administrator for Regulatory fice of the President of the Senate on Octo- received in the Office of the President of the Programs, Office of Sustainable Fisheries, ber 27, 2014; to the Committee on Commerce, Senate on November 12, 2014; to the Com- Department of Commerce, transmitting, pur- Science, and Transportation. mittee on Commerce, Science, and Transpor- suant to law, the report of a rule entitled EC–7857. A communication from the Chief tation. ‘‘Magnuson-Stevens Fishery Conservation of the Mobility Division, Wireless Tele- EC–7864. A communication from the Chief and Management Act Provisions; Fisheries communications Bureau, Federal Commu- of Staff, Media Bureau, Federal Communica- of the Northeastern United States; Atlantic nications Commission, transmitting, pursu- tions Commission, transmitting, pursuant to Surfclam and Ocean Quahog Fishery’’ ant to law, the report of a rule entitled law, the report of a rule entitled ‘‘Amend- (RIN0648–BE26) received during adjournment ‘‘Amendment of Parts 1, 2, 22, 24, 27, 90 and 95 ment of Section 73.202(b), Table of Allot- of the Senate in the Office of the President of the Commission’s Rules to Improve Wire- ments, FM Broadcast Stations. (Altamont, of the Senate on October 30, 2014; to the Com- less Coverage Through the Use of Signal Oregon); Station KYSF(FM), (Bonanza, Or- mittee on Commerce, Science, and Transpor- Boosters’’ ((WT Docket No. 10–4) (FCC 14– egon)’’ ((MB Docket No. 11–167) (DA 13–2003)) tation. 138)) received during adjournment of the received in the Office of the President of the EC–7873. A communication from the Acting Senate in the Office of the President of the Senate on November 12, 2014; to the Com- Director, Office of Sustainable Fisheries, De- Senate on October 22, 2014; to the Committee mittee on Commerce, Science, and Transpor- partment of Commerce, transmitting, pursu- on Commerce, Science, and Transportation. tation. ant to law, the report of a rule entitled EC–7858. A communication from the Chief EC–7865. A communication from the Chief ‘‘Fisheries of the Exclusive Economic Zone of the Policy Division, International Bureau, of Staff, Media Bureau, Federal Communica- Off Alaska; Several Groundfish Species in Federal Communications Commission, trans- tions Commission, transmitting, pursuant to the Bering Sea and Aleutian Islands Manage- mitting, pursuant to law, the report of a rule law, the report of a rule entitled ‘‘Amend- ment Area’’ (RIN0648–XD535) received during entitled ‘‘Reform of Rules and Policies on ment of Section 73.622(i), Post-Transition adjournment of the Senate in the Office of Foreign Carrier Entry Into the U.S. Tele- Table of DTV Allotments, Television Broad- the President of the Senate on October 30, communications Market’’ (FCC 14–48) re- cast Stations. (Mount Vernon, Illinois)’’ 2014; to the Committee on Commerce, ceived during adjournment of the Senate in ((MB Docket No. 14–139) (DA 14–1579)) re- Science, and Transportation.

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.013 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6147 EC–7874. A communication from the Acting partment of Commerce, transmitting, pursu- countability Measure and Closure for Gulf Director, Office of Sustainable Fisheries, De- ant to law, the report of a rule entitled King Mackerel in Western Zone’’ (RIN0648– partment of Commerce, transmitting, pursu- ‘‘Fisheries of the Exclusive Economic Zone XD559) received in the Office of the President ant to law, the report of a rule entitled ‘‘At- Off Alaska; Reallocation of Pollock in the of the Senate on November 12, 2014; to the lantic Surfclam and Ocean Quahog Fisheries; Bering Sea and Aleutian Islands’’ (RIN0648– Committee on Commerce, Science, and 2015 Fishing Quotas for Atlantic Surfclams XD496) received during adjournment of the Transportation. and Ocean Quahogs; and Suspension of Min- Senate in the Office of the President of the EC–7889. A communication from the Direc- imum Atlantic Surfclam Limit’’ (RIN0648– Senate on November 14, 2014; to the Com- tor, Office of Sustainable Fisheries, Depart- XD515) received during adjournment of the mittee on Commerce, Science, and Transpor- ment of Commerce, transmitting, pursuant Senate in the Office of the President of the tation. to law, the report of a rule entitled ‘‘Inter- Senate on October 30, 2014; to the Committee EC–7882. A communication from the Acting national Fisheries; Pacific Tuna Fisheries; on Commerce, Science, and Transportation. Director, Office of Sustainable Fisheries, De- 2014 Bigeye Tuna Longline Fishery Closure EC–7875. A communication from the Acting partment of Commerce, transmitting, pursu- in the Eastern Pacific Ocean’’ (RIN0648– Director, Office of Sustainable Fisheries, De- ant to law, the report of a rule entitled XD504) received in the Office of the President partment of Commerce, transmitting, pursu- ‘‘Fisheries of the Exclusive Economic Zone of the Senate on November 12, 2014; to the ant to law, the report of a rule entitled Off Alaska; Greenland Turbot in the Bering Committee on Commerce, Science, and ‘‘Fisheries of the Exclusive Economic Zone Sea Subarea of the Bering Sea and Aleutian Transportation. Off Alaska; Reallocation of Atka Mackerel Islands Management Area’’ (RIN0648–XD577) EC–7890. A communication from the Direc- in the Bering Sea and Aleutian Islands Man- received during adjournment of the Senate tor, Office of Sustainable Fisheries, Depart- agement Area’’ (RIN0648–XD542) received in the Office of the President of the Senate ment of Commerce, transmitting, pursuant during adjournment of the Senate in the Of- on November 14, 2014; to the Committee on to law, the report of a rule entitled ‘‘Fish- fice of the President of the Senate on Octo- Commerce, Science, and Transportation. eries of the Exclusive Economic Zone off ber 30, 2014; to the Committee on Commerce, EC–7883. A communication from the Acting Alaska; Pacific Cod by Trawl Catcher Ves- Science, and Transportation. Director, Office of Sustainable Fisheries, De- sels in the Central Regulatory Area of the EC–7876. A communication from the Acting partment of Commerce, transmitting, pursu- Gulf of Alaska’’ (RIN0648–XD566) received in Director, Office of Sustainable Fisheries, De- ant to law, the report of a rule entitled the Office of the President of the Senate on partment of Commerce, transmitting, pursu- ‘‘Fisheries of the Caribbean, Gulf of Mexico, November 12, 2014; to the Committee on ant to law, the report of a rule entitled and South Atlantic; Reef Fish Fishery of the Commerce, Science, and Transportation. ‘‘Fisheries of the Northeastern United Gulf of Mexico; Extension of the 2014 Gulf of EC–7891. A communication from the Direc- States; Bluefish Fishery; Quota Transfer’’ Mexico Recreational Red Grouper Season’’ tor, Office of Sustainable Fisheries, Depart- (RIN0648–XD511) received during adjourn- (RIN0648–XD479) received during adjournment of Commerce, transmitting, pursuant ment of the Senate in the Office of the Presi- ment of the Senate in the Office of the Presi- to law, the report of a rule entitled ‘‘Fish- dent of the Senate on October 30, 2014; to the dent of the Senate on November 14, 2014; to eries of the Caribbean, Gulf of Mexico, and Committee on Commerce, Science, and the Committee on Commerce, Science, and South Atlantic; 2014 Accountability Meas- Transportation. Transportation. ures and Closure for Commercial Wrasses in EC–7877. A communication from the Dep- EC–7884. A communication from the Acting the U.S. Caribbean Off Puerto Rico’’ uty Assistant Administrator for Regulatory Director, Office of Sustainable Fisheries, De- (RIN0648–XD549) received in the Office of the Programs, Office of Sustainable Fisheries, partment of Commerce, transmitting, pursu- President of the Senate on November 12, Department of Commerce, transmitting, pur- ant to law, the report of a rule entitled 2014; to the Committee on Commerce, suant to law, the report of a rule entitled ‘‘Fisheries of the Caribbean, Gulf of Mexico, Science, and Transportation. ‘‘Extension of Temporary Rule that Estab- and South Atlantic; Coastal Migratory Pe- EC–7892. A communication from the Acting lished Separate Annual Catch Limits and Ac- lagic Resources of the Gulf of Mexico and Director, Office of Sustainable Fisheries, De- countability Measures for Blueline Tilefish South Atlantic; Trip Limit Reduction’’ partment of Commerce, transmitting, pursu- in the South Atlantic Region’’ (RIN0648– (RIN0648–X100714b) received in the Office of ant to law, the report of a rule entitled BD87) received during adjournment of the the President of the Senate on November 12, ‘‘Fisheries of the Exclusive Economic Zone Senate in the Office of the President of the 2014; to the Committee on Commerce, Off Alaska; Pacific Ocean Perch, Northern Senate on October 30, 2014; to the Committee Science, and Transportation. Rockfish, and Dusky Rockfish in the West- on Commerce, Science, and Transportation. EC–7885. A communication from the Acting ern Regulatory Area of the Gulf of Alaska’’ EC–7878. A communication from the Dep- Director, Office of Sustainable Fisheries, De- (RIN0648–XD545) received during adjourn- uty Assistant Administrator for Regulatory Programs, Office of Sustainable Fisheries, partment of Commerce, transmitting, pursu- ment of the Senate in the Office of the Presi- Department of Commerce, transmitting, pur- ant to law, the report of a rule entitled dent of the Senate on October 30, 2014; to the suant to law, the report of a rule entitled ‘‘Coastal Migratory Pelagic Resources of the Committee on Commerce, Science, and ‘‘Fisheries of the Caribbean, Gulf of Mexico, Gulf of Mexico and South Atlantic; 2014–2015 Transportation. EC–7893. A communication from the Para- and South Atlantic; Snapper-Grouper Fish- Accountability Measure and Closure for Gulf legal Specialist, Federal Aviation Adminis- ery Off the Southern Atlantic States; Regu- King Mackerel in the Florida West Coast tration, Department of Transportation, latory Amendment 21’’ (RIN0648–BD91) re- Northern Subzone’’ (RIN0648–XD586) received transmitting, pursuant to law, the report of ceived during adjournment of the Senate in in the Office of the President of the Senate the Office of the President of the Senate on on November 12, 2014; to the Committee on a rule entitled ‘‘Part 95 Instrument Flight October 30, 2014; to the Committee on Com- Commerce, Science, and Transportation. Rules; Miscellaneous Amendments (4); merce, Science, and Transportation. EC–7886. A communication from the Acting Amendment No. 516’’ (RIN2120–AA63) re- EC–7879. A communication from the Dep- Director, Office of Sustainable Fisheries, De- ceived during adjournment of the Senate in uty Assistant Administrator for Regulatory partment of Commerce, transmitting, pursu- the Office of the President of the Senate on Programs, Office of Sustainable Fisheries, ant to law, the report of a rule entitled November 14, 2014; to the Committee on Department of Commerce, transmitting, pur- ‘‘Snapper-Grouper Fishery of the South At- Commerce, Science, and Transportation. suant to law, the report of a rule entitled lantic; 2014 Recreational Accountability EC–7894. A communication from the Man- ‘‘Magnuson-Stevens Fishery Conservation Measure and Closure for the South Atlantic agement and Program Analyst, Federal and Management Act Provisions; Fisheries Porgy Complex’’ (RIN0648–XD495) received in Aviation Administration, Department of of the Northeastern United States; Tilefish the Office of the President of the Senate on Transportation, transmitting, pursuant to Fishery; 2015–2017 Specifications’’ (RIN0648– November 12, 2014; to the Committee on law, the report of a rule entitled ‘‘Standard BE37) received in the Office of the President Commerce, Science, and Transportation. Instrument Approach Procedures, and Take- of the Senate on November 12, 2014; to the EC–7887. A communication from the Acting off Minimums and Obstacle Departure Proce- Committee on Commerce, Science, and Director, Office of Sustainable Fisheries, De- dures; Miscellaneous Amendments (113); Transportation. partment of Commerce, transmitting, pursu- Amdt. No. 3608’’ (RIN2120–AA65) received dur- EC–7880. A communication from the Acting ant to law, the report of a rule entitled ing adjournment of the Senate in the Office Director, Office of Sustainable Fisheries, De- ‘‘Fisheries of the Exclusive Economic Zone of the President of the Senate on November partment of Commerce, transmitting, pursu- off Alaska; Reallocation of Halibut Prohib- 14, 2014; to the Committee on Commerce, ant to law, the report of a rule entitled ited Species Catch Allowances in the Bering Science, and Transportation. ‘‘Fisheries of the Exclusive Economic Zone Sea and Aleutian Islands Management Area’’ EC–7895. A communication from the Man- Off Alaska; Pacific Ocean Perch in the Ber- (RIN0648–XD565) received in the Office of the agement and Program Analyst, Federal ing Sea Subarea of the Bering Sea and Aleu- President of the Senate on November 12, Aviation Administration, Department of tian Islands Management Area’’ (RIN0648– 2014; to the Committee on Commerce, Transportation, transmitting, pursuant to XD544) received during adjournment of the Science, and Transportation. law, the report of a rule entitled ‘‘Standard Senate in the Office of the President of the EC–7888. A communication from the Direc- Instrument Approach Procedures, and Take- Senate on November 14, 2014; to the Com- tor, Office of Sustainable Fisheries, Depart- off Minimums and Obstacle Departure Proce- mittee on Commerce, Science, and Transpor- ment of Commerce, transmitting, pursuant dures; Miscellaneous Amendments (42); tation. to law, the report of a rule entitled ‘‘Coastal Amdt. No. 3607’’ (RIN2120–AA65) received dur- EC–7881. A communication from the Acting Migratory Pelagic Resources of the Gulf of ing adjournment of the Senate in the Office Director, Office of Sustainable Fisheries, De- Mexico and South Atlantic; 2014–2015 Ac- of the President of the Senate on November

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.014 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6148 CONGRESSIONAL RECORD — SENATE November 19, 2014 14, 2014; to the Committee on Commerce, ject to the nominee’s commitment to S. 539 Science, and Transportation. respond to requests to appear and tes- At the request of Mrs. SHAHEEN, the EC–7896. A communication from the Man- tify before any duly constituted com- name of the Senator from New Jersey agement and Program Analyst, Federal Aviation Administration, Department of mittee of the Senate. (Mr. MENENDEZ) was added as a cospon- Transportation, transmitting, pursuant to f sor of S. 539, a bill to amend the Public Health Service Act to foster more ef- law, the report of a rule entitled ‘‘Standard INTRODUCTION OF BILLS AND Instrument Approach Procedures, and Take- fective implementation and coordina- JOINT RESOLUTIONS off Minimums and Obstacle Departure Proce- tion of clinical care for people with dures; Miscellaneous Amendments (81); The following bills and joint resolu- pre-diabetes and diabetes. Amdt. No. 3609’’ (RIN2120–AA65) received dur- tions were introduced, read the first S. 1011 ing adjournment of the Senate in the Office and second times by unanimous con- At the request of Mr. JOHANNS, the of the President of the Senate on November sent, and referred as indicated: 14, 2014; to the Committee on Commerce, names of the Senator from Iowa (Mr. Science, and Transportation. By Mr. WHITEHOUSE (for himself and HARKIN), the Senator from Tennessee EC–7897. A communication from the Man- Mr. SCHATZ): (Mr. CORKER), the Senator from Indi- S. 2940. A bill to provide for carbon dioxide agement and Program Analyst, Federal ana (Mr. COATS), the Senator from Ne- and other greenhouse gas emission fees; to Aviation Administration, Department of vada (Mr. HELLER), the Senator from Transportation, transmitting, pursuant to the Committee on Finance. North Dakota (Ms. HEITKAMP), the Sen- law, the report of a rule entitled ‘‘Standard By Mrs. FEINSTEIN (for herself and Instrument Approach Procedures, and Take- Mr. PORTMAN): ator from Minnesota (Mr. FRANKEN), off Minimums and Obstacle Departure Proce- S. 2941. A bill to combat human traf- the Senator from Montana (Mr. dures; Miscellaneous Amendments (48); ficking; to the Committee on the Judiciary. TESTER) and the Senator from Dela- Amdt. No. 3610’’ (RIN2120–AA65) received dur- By Mr. MARKEY (for himself and Mr. ware (Mr. COONS) were added as cospon- ing adjournment of the Senate in the Office PORTMAN): sors of S. 1011, a bill to require the Sec- of the President of the Senate on November S. 2942. A bill to establish a Hospital Fund retary of the Treasury to mint coins in 14, 2014; to the Committee on Commerce, for the treatment of individuals with Ebola or other specified infectious diseases; to the commemoration of the centennial of Science, and Transportation. Boys Town, and for other purposes. EC–7898. A communication from the Acting Committee on Health, Education, Labor, and Director, Office of Sustainable Fisheries, De- Pensions. S. 1040 partment of Commerce, transmitting, pursu- By Mr. RUBIO (for himself, Ms. MUR- At the request of Mr. PORTMAN, the ant to law, the report of a rule entitled KOWSKI, Mr. INHOFE, Mr. VITTER, and names of the Senator from Kansas (Mr. Mr. WHITEHOUSE): ‘‘Fisheries of the Exclusive Economic Zone ROBERTS), the Senator from Minnesota S. 2943. A bill to amend Public Law 110–299 off Alaska; ‘Other Rockfish’ in the Aleutian (Mr. FRANKEN), the Senator from Ari- Island Subarea of the Bering Sea and Aleu- to extend the time period during which per- zona (Mr. FLAKE), the Senator from tian Islands Management Area’’ (RIN0648– mits are not required for certain discharges XD537) received in the Office of the President incidental to the normal operation of ves- Virginia (Mr. WARNER) and the Senator of the Senate on November 12, 2014; to the sels; to the Committee on Environment and from Washington (Mrs. MURRAY) were Committee on Commerce, Science, and Public Works. added as cosponsors of S. 1040, a bill to Transportation. By Mr. HATCH: provide for the award of a gold medal S. 2944. A bill to amend the Social Security f on behalf of Congress to Jack Nicklaus, Act to provide for the termination of social in recognition of his service to the Na- REPORTS OF COMMITTEES security benefits for individuals who partici- tion in promoting excellence, good The following reports of committees pated in Nazi persecution, and for other purposes; to the Committee on Finance. sportsmanship, and philanthropy. were submitted: By Ms. MURKOWSKI: S. 1406 By Mr. HARKIN, from the Committee on S. 2945. A bill to repeal section 910 of the At the request of Ms. AYOTTE, the Health, Education, Labor, and Pensions, Violence Against Women Reauthorization name of the Senator from Missouri without amendment: Act of 2013; to the Committee on Indian Af- (Mrs. MCCASKILL) was added as a co- S. 2917. A bill to expand the program of pri- fairs. ority review to encourage treatments for By Mr. DURBIN (for himself, Mr. sponsor of S. 1406, a bill to amend the tropical diseases. CORKER, Mr. COONS, and Mr. FLAKE): Horse Protection Act to designate ad- f S. 2946. A bill to provide improved water, ditional unlawful acts under the Act, sanitation, and hygiene programs for high strengthen penalties for violations of EXECUTIVE REPORTS OF priority developing countries, and for other the Act, improve Department of Agri- COMMITTEES purposes; to the Committee on Foreign Rela- culture enforcement of the Act, and for The following executive reports of tions. other purposes. nominations were submitted: f S. 1695 By Mr. JOHNSON, of South Dakota, for SUBMISSION OF CONCURRENT AND At the request of Ms. CANTWELL, the the Committee on Banking, Housing, and SENATE RESOLUTIONS name of the Senator from Ohio (Mr. Urban Affairs. * Therese W. McMillan, of California, to be The following concurrent resolutions BROWN) was added as a cosponsor of S. Federal Transit Administrator. and Senate resolutions were read, and 1695, a bill to designate a portion of the * Lourdes Maria Castro Ramirez, of Cali- referred (or acted upon), as indicated: Arctic National Wildlife Refuge as wil- fornia, to be an Assistant Secretary of Hous- derness. By Mr. ISAKSON: ing and Urban Development. S. 2115 By Mr. HARKIN for the Committee on S. Res. 583. A resolution designating No- Health, Education, Labor, and Pensions. vember 30, 2014, as ‘‘Drive Safer Sunday’’; to At the request of Mr. DURBIN, the * Mary Lucille Jordan, of Maryland, to be a the Committee on the Judiciary. name of the Senator from New York Member of the Federal Mine Safety and By Mr. REID (for himself and Mr. (Mr. SCHUMER) was added as a cospon- Health Review Commission for a term of six MCCONNELL): sor of S. 2115, a bill to provide for the years expiring August 30, 2020. S. Res. 584. A resolution commending Jer- establishment of a fund to provide for * Adri Davin Jayaratne, of Michigan, to be ald D. Linnell on his service to the United States Senate; considered and agreed to. an expanded and sustained national in- an Assistant Secretary of Labor. vestment in biomedical research. * P. David Lopez, of Arizona, to be General f Counsel of the Equal Employment Oppor- S. 2159 tunity Commission for a term of four years. ADDITIONAL COSPONSORS At the request of Mr. GRAHAM, the * Michael Young, of Pennsylvania, to be a S. 526 name of the Senator from Indiana (Mr. Member of the Federal Mine Safety and At the request of Mr. HATCH, the COATS) was added as a cosponsor of S. Health Review Commission for a term of six 2159, a bill to restore long-standing years expiring August 30, 2020. name of the Senator from Pennsyl- * Charlotte A. Burrows, of the District of vania (Mr. CASEY) was added as a co- United States policy that the Wire Act Columbia, to be a Member of the Equal Em- sponsor of S. 526, a bill to amend the prohibits all forms of Internet gam- ployment Opportunity Commission for a Internal Revenue Code of 1986 to make bling, and for other purposes. term expiring July 1, 2019. permanent the special rule for con- S. 2689 * Nomination was reported with rec- tributions of qualified conservation At the request of Mrs. SHAHEEN, the ommendation that it be confirmed sub- contributions, and for other purposes. name of the Senator from New York

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.015 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6149 (Mr. SCHUMER) was added as a cospon- S. RES. 578 downstream property owners to clean sor of S. 2689, a bill to amend title At the request of Mr. MENENDEZ, the up your mess. Yet the big carbon pol- XVIII of the Social Security Act to name of the Senator from Illinois (Mr. luters transfer the costs—all those specify coverage of continuous glucose DURBIN) was added as a cosponsor of S. costs of climate change—onto everyone monitoring devices, and for other pur- Res. 578, a resolution supporting the else—all the rest of us. poses. role of the United States in ensuring The U.S. Government has done some S. 2746 children in the world’s poorest coun- estimating about what that social cost At the request of Ms. AYOTTE, the tries have access to vaccines and im- of carbon pollution is and their esti- name of the Senator from Illinois (Mr. munization through Gavi, the Vaccine mate is that it is around $40 per ton of KIRK) was added as a cosponsor of S. Alliance. carbon dioxide emitted, and that that 2746, a bill to amend the Public Health S. RES. 580 amount rises over time as carbon pol- Service Act to improve the health of At the request of Mr. INHOFE, the lution creates more and more harm and children and help better understand names of the Senator from Oregon (Mr. havoc. So a climbing $40 per ton is the and enhance awareness about unex- WYDEN) and the Senator from North cost, but the current effective price on pected sudden death in early life. Dakota (Mr. HOEVEN) were added as co- carbon pollution is zero. S. 2762 sponsors of S. Res. 580, a resolution ex- By making their carbon pollution At the request of Mr. FRANKEN, the pressing support for the goals of Na- free, we subsidize fossil fuel companies names of the Senator from Louisiana tional Adoption Day and National to the tune of hundreds of billions of (Mr. VITTER) and the Senator from Adoption Month by promoting national dollars annually. By making their car- Ohio (Mr. BROWN) were added as co- awareness of adoption and the children bon pollution free, we actually rig the sponsors of S. 2762, a bill to prevent fu- awaiting families, celebrating children game, giving polluters an unfair advan- ture propane shortages, and for other and families involved in adoption, and tage over newer and cleaner tech- purposes. encouraging the people of the United nologies. It is a racket. It is a form of cheating. And corporate polluters love S. 2828 States to secure safety, permanency, it because it gives them advantage, and At the request of Mr. CORKER, the and well-being for all children. name of the Senator from New Hamp- they fight tooth and nail to protect it f in this body. But it is wrong. shire (Ms. AYOTTE) was added as a co- As University of Chicago economics sponsor of S. 2828, a bill to impose STATEMENTS ON INTRODUCED professor Michael Greenstone recently sanctions with respect to the Russian BILLS AND JOINT RESOLUTIONS explained, this concept—that off- Federation, to provide additional as- loading social costs is wrong and that sistance to Ukraine, and for other pur- By Mr. WHITEHOUSE (for him- there should be a proper price on car- poses. self and Mr. SCHATZ): bon—is very widely accepted. Here is At the request of Mr. MENENDEZ, the S. 2940. A bill to provide for carbon what he said: name of the Senator from Michigan dioxide and other greenhouse gas emis- The media always reports that there’s near (Mr. LEVIN) was added as a cosponsor of sion fees; to the Committee on Fi- consensus among scientists about the fact S. 2828, supra. nance. that human activity impacts climate S. 2917 Mr. WHITEHOUSE. Mr. President, I change. What does not receive as much at- At the request of Mr. HARKIN, the am here now for the, I guess, 80th time tention is that there’s even greater con- names of the Senator from California in my weekly series of speeches about sensus among economists, starting from Mil- (Mrs. FEINSTEIN), the Senator from carbon pollution to ask the Senate and ton Friedman and moving into the most left- Alaska (Ms. MURKOWSKI), the Senator wing economists that you could find, that Congress to wake up to the growing the obvious correct public policy solution to from Georgia (Mr. CHAMBLISS), the Sen- threat from climate change, and today this is to put a price on carbon. It’s not con- ator from Virginia (Mr. WARNER), the I am also announcing the introduction troversial. Senator from New York (Mrs. GILLI- of the American Opportunity Carbon Mr. President, I ask unanimous con- BRAND), the Senator from Michigan Fee Act. sent to have printed in the RECORD, at (Ms. STABENOW), the Senator from New Carbon dioxide from burning fossil the conclusion of my remarks, an arti- Mexico (Mr. HEINRICH) and the Senator fuels is changing the atmosphere and cle from The Economist magazine. from New Hampshire (Mrs. SHAHEEN) the oceans. We see it everywhere. We The PRESIDING OFFICER. Without were added as cosponsors of S. 2917, a see it in storm-damaged homes and objection, it is so ordered. bill to expand the program of priority flooded cities. We see it in drought- Mr. WHITEHOUSE. The economics review to encourage treatments for stricken farms and raging wildfires. We editor of The Economist magazine— tropical diseases. see it in fish disappearing from warm- which is certainly no hotbed of left S. 2930 ing and acidifying waters. We see it in wing sentiment—Ryan Avent, has post- At the request of Mr. MCCAIN, the shifting habitats and migrating con- ed a comment on climate policy and names of the Senator from Alaska (Mr. tagions. his question is: ‘‘Do economists all fa- BEGICH), the Senator from Nevada (Mr. All of these things we see carry vour a carbon tax?’’ He says: HELLER) and the Senator from Kansas costs—real economic dollars-and-cents The economic solution is to tax the exter- (Mr. MORAN) were added as cosponsors costs—to homeowners, to business nality— of S. 2930, a bill to direct the Secretary owners, and to taxpayers. That cost is That is the offloaded cost. of Defense and the Secretary of Vet- described as the social cost of carbon. —so that the social cost of carbon is re- erans Affairs to provide for the conduct It is the damage that people and com- flected in the individual consumer’s decision. of an evaluation of mental health care munities suffer from carbon pollution The carbon tax is an elegant solution to a and suicide prevention programs of the and climate change. None of those complicated problem. Department of Defense and the Depart- costs from carbon pollution are So today I am introducing this bill to ment of Veterans Affairs, to require a factored into the price of the coal or put a price on carbon emissions. It is pilot program on loan repayment for the oil or the natural gas that releases simple. It will require the polluters to psychiatrists who agree to serve in the this carbon. The fossil fuel companies pay a per-ton fee for their pollution Veterans Health Administration of the that sell and burn those products have and all of the revenue generated by Department of Veterans Affairs, and taken those costs and offloaded them those payments will go back to the for other purposes. onto society—onto the rest of us. American people. S. RES. 570 That is not fair. If you rake your I want to thank Senator BRIAN At the request of Mr. MANCHIN, the lawn, you don’t get to dump all the SCHATZ of Hawaii for cosponsoring this name of the Senator from Maine (Mr. leaves over your neighbor’s fence and measure. He has been a great colleague KING) was added as a cosponsor of S. leave him or her the problem of clean- on environmental issues and on our Res. 570, a resolution designating Octo- ing up your leaves. If you are located discussion regarding climate change. ber 17, 2014, as ‘‘National Alternative on a river, you don’t get to dump your The bill that we introduce today estab- Fuel Vehicle Day’’. garbage in the river and leave it to the lishes an economy-wide fee on carbon

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.019 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6150 CONGRESSIONAL RECORD — SENATE November 19, 2014 dioxide and other greenhouse gas emis- efits for seniors, through transition as- Republicans must not shrink from this sions, tracking that social cost of car- sistance to workers in fossil fuel indus- issue. Risk management is a conservative bon, starting at $42 per ton and going tries, or even just a direct dividend principle. up by 2 percent per year, plus inflation. back to the American family. I am Secretary Paulson is not alone. Con- We know how much carbon dioxide looking forward to deciding with my servative figures such as George each unit of coal, oil, and natural gas colleagues on both sides of the aisle Shultz, who was Secretary of State produces, so we assess the fee on fossil what is the best way to return this rev- under President Reagan, emphatically fuel producers, processors, and import- enue, but I do believe every dollar support a carbon fee as the best way to ers. That makes it simple to admin- should go back to the American people address carbon pollution. ister. The whole bill is only 29 pages in some form. To use economic jargon, Art Laffer, one of the architects of long. this should be revenue neutral. President Reagan’s economic plan, had For other varieties of greenhouse This is one example to consider, just this to say about a carbon tax and related payroll tax cut: gases and nonfossil fuel sources of CO2, a hypothetical: What could we do? We we assess our fees only on the very could cut the corporate tax rate in I think that would be very good for the largest emitters—those emitting more economy and as an adjunct, it would reduce America from 35 percent to 30 percent. also carbon emissions into the environment. than 25,000 tons a year. This is the That has been a bipartisan goal for a I ask unanimous consent that a 2013 same universe of companies that we al- long time. It was part of Romney’s New York Times op-ed be printed in ready require to monitor and report on Presidential campaign. We could ac- the RECORD at the conclusion of my re- their carbon emissions. complish it with this measure. A significant greenhouse gas concern marks. We would have enough money left to The PRESIDING OFFICER. Without is the methane that escapes through- go to the payroll tax and for every objection, it is so ordered. out production and distribution. To ad- worker rebate the first $500 they paid Mr. WHITEHOUSE. In this New York dress this, we require annual reports on in payroll tax. So every American Times op-ed, Bill Ruckelshaus, Chris- methane leakage and direct the Treas- worker who paid more than $500 in pay- tine Todd Whitman, Lee Thomas, and ury Secretary to adjust the fees on fos- roll tax would get a $500 check to spend William Reilly wrote: sil fuels to account for that leakage. on whatever they wanted. The first tax A market-based approach, like a carbon This fee will promote innovation and reduction at the corporate level uses tax, would be the best path to reducing help further reduce carbon emissions. about $600 billion to offset. This uses greenhouse-gas emissions. Fossil fuel companies that capture about $700 billion to offset. I know the big carbon polluters want and sequester or use carbon dioxide or Third, we could add to that a boost to this issue ignored. I know that. They innovate new ways to encapsulate it in the EITC—the earned income tax cred- want to squeeze one more quarter, one materials or products will get credits it—which supports many American more year of public subsidy for their to offset the carbon fee. families at the very low end of the eco- product from the rest of us. From their We also take care to ensure that nomic spectrum. We could do that by point of view, lunch is good when some- American manufacturers are not put at literally hundreds of dollars a year for one else is picking up the tab. But not- a competitive disadvantage globally. millions of lower income families. withstanding the power of the big car- Imports from nations that don’t price Again, there has been bipartisan sup- bon polluters, I still believe this is a emissions will face a tariff that the port for expanding the earned income problem we can solve. Treasury Secretary is authorized to tax credit. Not long ago this would have been a impose at the border. Likewise, the Three important goals, all reducing bipartisan bill. Not long ago leading Secretary is authorized to rebate taxes or adding to a tax credit—all voices on the Republican side agreed American producers on their exports. should have strong bipartisan support. with Democrats that the dangers of cli- I would note one thing. Since regula- The American Opportunity Carbon mate change were real. Not long ago tion is usually a response to market Fee Act has revenue that could make leading Republican voices agreed that failure, a well-designed carbon fee our companies more competitive, could carbon emissions were the culprit. And would also properly open a conversa- give every single worker a tax rebate, it was not long ago that leading Repub- tion about which and, indeed, whether and could boost benefits for struggling lican voices agreed that Congress had a carbon regulations are still needed. A low-income families. responsibility to act. One Republican carbon fee by itself is much more effi- Last month the Des Moines Register Senator won his party’s nomination for cient and predictable than complex ran a column titled ‘‘ ‘Carbon tax’ President on a solid climate change regulations, and I am open to that con- would help Iowa, planet.’’ The column platform. Other Republican colleagues versation. said this: in the Senate introduced, cosponsored, That is it. It is that simple. Make the The United States could take the lead by or voted for meaningful climate legis- polluters pay the full costs of their acting on its own, watch its economy grow, lation in the past. Some of the pro- products; end the cheating; level the and let the rest of the world catch up. posals were market-based, revenue- playing field for other forms of energy, In the process, the United States would neutral solutions aligned with Repub- such as wind and solar, to compete gain mastery of the sustainable-energy tech- lican free market values, just like my fairly; keep the fee mechanism simple; nology that will drive economic growth in bill today. and maintain a border adjustment that the future. The junior Senator from Arizona—a keeps American goods competitive. I ask unanimous consent that the ar- Republican—was an original cosponsor Twenty-nine pages. ticle be printed in the RECORD at the of a carbon fee bill when he served in On the flip side, the carbon fee will end of my statement. the House of Representatives. That generate significant new Federal rev- George W. Bush’s Treasury Secretary proposal, introduced with former Re- enue. The technicians are still working Hank Paulson gave the same message publican Congressman Bob Inglis, on the official revenue estimate for the earlier this year, saying: would have placed a $15-per-ton fee on bill, but it should be at least $1.5 tril- A tax on carbon emissions will unleash a carbon pollution in 2010, more than $20 lion and perhaps more than $2 trillion wave of innovation to develop technologies, in 2015, and $100 in 2040. At the time, over the 10-year budget periods we lower the costs of clean energy and create our colleague from Arizona had this to work with in Congress and on the jobs as we and other nations develop new en- say: ergy products and infrastructure. Budget Committee. If there’s one economic axiom, it’s that if Whatever the exact number is, all of Emphasizing that, coincidentally, is you want less of something, you tax it. it should be returned to the American an article in today’s New York Times Clearly, it’s in our interest to move away people. So the bill establishes an Amer- headed ‘‘A Carbon Tax Could Bolster from carbon. ican opportunity trust fund to hold the Green Energy.’’ As we all know, green We simply need conscientious Repub- revenue and return it to the American energy jobs are exploding in this coun- licans and Democrats to work together people. This could include through tax try, and we need more of them. in good faith on a platform of fact and cuts, through student loan debt relief, Treasury Secretary Paulson contin- common sense. We know this can be through increased Social Security ben- ued: done because it is being done.

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.026 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6151 At the end of a speech about the way for electric car owners to begin paying [From the New York Times, August 1, 2013] American Revolution, the historian their share of highway maintenance. A REPUBLICAN CASE FOR CLIMATE ACTION David McCullough was asked by some- Electric cars contribute less for highway (By William D. Ruckelshaus, Lee M. Thomas, one in the audience why it was that our maintenance than gasoline- or diesel-burn- William K. Reilly and Christine Todd Founding Fathers had the courage to ing vehicles. (Electric cars don’t pay gaso- Whitman) pledge their lives, their fortunes, and line tax, but they do pay license fees and use Each of us took turns over the past 43 their sacred honor to the cause of inde- taxes.) In the future, if electric vehicles be- years running the Environmental Protection pendence when signing the Declaration come ubiquitous, it will be essential to have Agency. We served Republican presidents, some source of highway money beyond the was signing their own death warrant. but we have a message that transcends polit- gasoline tax. Having a carbon tax would put ical affiliation: the United States must move He had a very simple answer. He said: Iowa ahead of the game of paying for roads now on substantive steps to curb climate It was a courageous time. in an electric-car future. change, at home and internationally. Well, clearly in courageous times Additional revenue from a carbon tax, be- There is no longer any credible scientific Americans have done far more than yond that needed for roads, could be used to debate about the basic facts: our world con- simply stand up to polluters to serve lower other taxes, as in British Columbia. tinues to warm, with the last decade the hot- the interests of this great Republic. It Since the biggest burden of a carbon tax test in modern records, and the deep ocean only takes courage to make this a cou- would fall on low-income people, reductions warming faster than the earth’s atmosphere. Sea level is rising. Arctic Sea ice is melting rageous time too. or credits for low-income people should be years faster than projected. the first priority. Lowering for abolishing There being no objection, the mate- The costs of inaction are undeniable. The the corporation tax, as an incentive for busi- rial was ordered to be printed in the lines of scientific evidence grow only strong- nesses to locate in Iowa, might be the second RECORD, as follows: er and more numerous. And the window of choice. [From The Register, Oct. 4, 2014] time remaining to act is growing smaller: The idea of a carbon tax is to use market delay could mean that warming becomes ‘CARBON TAX’ WOULD HELP IOWA, PLANET forces to reduce the amount of carbon diox- ‘‘locked in.’’ (By Richard Doak) ide spewed into the atmosphere when fossil A market-based approach, like a carbon Six years ago, the Canadian province of fuels are burned. Economists use the term tax, would be the best path to reducing British Columbia decided to go it alone in carbon pricing. When the price of something greenhouse-gas emissions, but that is fighting climate change. It imposed a tax on goes up, people use less of it. A carbon tax is unachievable in the current political grid- fossil fuels—coal gasoline, diesel fuel, pro- intended to raise the price of fossil fuels lock in Washington. Dealing with this polit- pane and natural gas. enough to discourage consumption as well as ical reality, President Obama’s June climate By most accounts, the ‘‘carbon tax’’ has to create an incentive to find alternatives. action plan lays out achievable actions that been a success. It made fossil fuels more ex- would deliver real progress. He will use his As leader in biofuels and wind turbines, pensive, so British Columbians began to con- executive powers to require reductions in the Iowa should be for anything that serve them and use them more efficiently. amount of carbon dioxide emitted by the na- incentivizes the switch to alternatives. Revenue from the carbon tax allows other tion’s power plants and spur increased in- taxes to be reduced, so the province enjoys Perhaps Iowans should even be cheering for vestment in clean energy technology, which the lowest personal income tax rates in Can- a carbon tax to be imposed nationally, be- is inarguably the path we must follow to en- ada and some of the lowest corporate taxes cause, among the states, Iowa may be one of sure a strong economy along with a livable in the developed world. the best positioned to benefit from it. climate. Contrary to fears, the carbon tax did not Of course, a national carbon tax is off the The president also plans to use his regu- cause the economy of the province to col- table as long as Congress is full of climate- latory power to limit the powerful warming lapse. Economic growth is slightly better change deniers who are beholden to the fos- chemicals known as hydrofluorocarbons and than in the rest of Canada, and the forward- sil-fuel industries. But, outside of Congress, encourage the United States to join with looking energy policy gives British Columbia the carbon tax and other carbon-dioxide-re- other nations to amend the Montreal Pro- a reputation as a world leader in green entre- ducing strategies appear to be gaining credi- tocol to phase out these chemicals. The land- mark international treaty, which took effect preneurship. bility. Why can’t Iowa be like that? in 1989, already has been hugely successful in Indeed, Iowa should be like that, and cir- A number of major corporations, banks solving the ozone problem. cumstances might be right for Iowa to be- and institutions have begun to question the Rather than argue against his proposals, come the first American state to employ a conventional thinking that the economy our leaders in Congress should endorse them full-fledged carbon tax. would suffer if carbon dioxide emissions were and start the overdue debate about what big- Iowa and other states already have partial curbed. Most recently, the Global Commis- ger steps are needed and how to achieve carbon taxes. We pay them at the pump sion on the Economy and Climate, a group of them—domestically and internationally. when we buy gasoline or diesel fuel. heavyweight international leaders and As administrators of the E.P.A. under In Iowa, all gasoline and diesel fuel tax economists, issued a report showing that re- Presidents Richard M. Nixon, Ronald revenue is earmarked for highway construc- ducing carbon emissions would cost the Reagan, George Bush and George W. Bush, tion, maintenance and administration. Pay- economy very little and might actually we held fast to common-sense conservative ing the gas tax is how motorists pay for the stimulate economic growth. Other research principles—protecting the health of the bridges and highways. published by the International Monetary American people, working with the best After the November election, when can- Fund suggests that carbon taxes, rather than technology available and trusting in the in- didates are no longer afraid to talk about being a drag on an economy, can be a ben- novation of American business and in the taxes, a consensus will probably develop to efit. market to find the best solutions for the raise Iowa’s motor fuel taxes. The current least cost. It also appears that cutting carbon emis- gasoline tax of 21 cents per gallon (19 cents That approach helped us tackle major en- sions can help a country’s economy even if for ethanol blend) and diesel tax of 22.5 cents vironmental challenges to our nation and other countries don’t go along. British Co- bring in about $450 million but leave the the world: the pollution of our rivers, drama- lumbia has shown that a state can go it state an estimated $215 million short of tized when the Cuyahoga River in Cleveland alone without other states. what’s needed for highways every year. caught fire in 1969; the hole in the ozone Closing that gap would require raising Nationally, the United States is waiting layer; and the devastation wrought by acid motor fuel taxes by about 10 cents per gal- around for some big international agreement rain. lon. that will require all countries to reduce their The solutions we supported worked, al- Instead, why not abolish motor fuel taxes emissions in unison. That shouldn’t be nec- though more must be done. Our rivers no and replace them with a carbon tax? essary. The United States could take the longer burn, and their health continues to A carbon tax would apply to all fossil fuels, lead by acting on its own, watch its economy improve. The United States led the world not just gasoline and diesel fuel. The tax on grow, and let the rest of the world catch up. when nations came together to phase out each fuel would be based on its carbon con- ozone-depleting chemicals. Acid rain dimin- In the process, the United States would tent. Carbon-dense coal would be taxed more ishes each year, thanks to a pioneering, mar- gain mastery of the sustainable-energy tech- heavily than relatively carbon-light natural ket-based emissions-trading system adopted nology that will drive economic growth in gas. under the first President Bush in 1990. And the future. The carbon tax on gasoline and diesel fuel despite critics’ warnings, our economy has could be calibrated to bring in about the Sadly, the odds of the president and Con- continued to grow. same amount of revenue as the existing gress acting that boldly on climate change Climate change puts all our progress and motor fuel tax. Additional revenue to close are roughly nil. But maybe the little state of our successes at risk. If we could articulate the highway-funding gap could come from Iowa, out here in the heart of America, could one framework for successful governance, the carbon tax paid on coal and natural gas nudge the nation in the right direction by perhaps it should be this: When confronted used to generate electricity. This would be a setting an example on its own. by a problem, deal with it. Look at the facts,

VerDate Sep 11 2014 06:54 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.031 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6152 CONGRESSIONAL RECORD — SENATE November 19, 2014 cut through the extraneous, devise a work- creases the benefit of existing carbon-price solar- and wind-powered electricity was able solution and get it done. policies in other countries. meeting goals established to help prevent We can have both a strong economy and a Substitution in the transport sector is temperatures from rising more than 2 de- livable climate. All parties know that we somewhat problematic, but a viable carbon grees Celsius (3.6 degrees Fahrenheit) above need both. The rest of the discussion is ei- price would not have much effect on petrol the average in the preindustrial era, the ther detail, which we can resolve, or purpose- costs at the outset. A carbon tax of $30 per limit agreed to by the world’s leaders to ful delay, which we should not tolerate. tonne of CO2 would only increase petrol avoid truly disruptive climatic upheaval. Mr. Obama’s plan is just a start. More will costs by about 9 cents per gallon. This is In the same report, however, the organiza- be required. But we must continue efforts to dwarfed by moves in the market price of pet- tion noted that other technologies—bio- reduce the climate-altering pollutants that rol. The vulnerability of the American econ- energy, geothermal and offshore wind—were threaten our planet. The only uncertainty omy to oil shocks argues for an increased tax lagging. And it pointed out that worldwide about our warming world is how bad the on petrol, but that’s a different policy de- investment in renewable power was slowing, changes will get, and how soon. What is most bate. Mr. Cowen seems to ignore the fact falling to $211 billion in 2013, 22 percent less clear is that there is no time to waste. that oil is just one small part of the Amer- than in 2011. ican economy’s fossil-fuel use. These wobbles underscore both the good [From the Economist, Sept. 19, 2011] A carbon tax would attract rent-seeking, news and the bad news about the world’s halting progress toward reducing the green- DO ECONOMISTS ALL FAVOUR A CARBON TAX? but arguably less than alternative policies, house gas emissions that are capturing heat (By R.A. Washington) like subsidies or a cap-and-trade system. Im- portantly, money spent on adaptation or in the atmosphere and changing the world’s Last week, a Twitter conversation broke post hoc climate-disaster relief is also sub- climate. out among a few economists concerning ject to rent-seeking and corruption issues. The good news is that humanity is devel- whether any serious economists opposed a Given that many poor countries with weak oping promising technologies that could put carbon tax. No, concluded the tweeters, but institutions are likely to feel the brunt of civilization on a low carbon path that might Tyler Cowen begged to differ. Mr. Cowen the impact of global warming first and are prevent climate disruption. These technologies allowed the Environ- writes that he personally favours a carbon likely to be poor spenders of the aid money mental Protection Agency to pass new rules tax but can imagine a number of principled that will invariably flow, a carbon tax looks aimed at achieving a 30 percent reduction in reasons other economists might not. like one of the policy solutions best suited to Why would we expect economists to sup- carbon dioxide emissions from American the minimisation of these ills. power plants by 2030, compared with 2005. port a carbon tax? Its very close to the eco- Mr. Cowen doesn’t mention what I see as nomic ideal. Global warming is a phe- They allowed President Obama last week one of the most important roles of a carbon to promise that the United States would nomenon associated with emissions of green- tax: as a check on other ill-advised pro- house gases over and above natural cycles— curb total greenhouse gas emissions by 26 to grammes. A carbon tax would have quickly 28 percent from 2005 levels by 2025—a big step largely those resulting from the burning of made the net dirtiness of corn-based ethanol carbon fuels humans have dug up out of the that, White House officials say, can be obvious (by helping to offset subsidies and achieved without further action from Con- ground. We expect normal economic activity making corn-based ethanol more expensive). to maximise social good because each indi- gress. And they allowed China to commit to It would be more difficult to roll out and sus- start cutting emissions after 2030. vidual balances costs and benefits when tain such misguided programmes with a car- making economic decisions. Carbon emis- The bad news is that civilization is mostly bon tax, and the ones that went ahead any- not yet on such a low carbon path. While sions represent a negative externality. When way would do less damage. A carbon tax is an individual takes an economic action with promising technologies to get there have also the easiest way to capture whatever been developed, it is unclear whether nations some fossil-fuel energy content—whether low-hanging emission-reduction fruit is out running a petrol-powered lawnmower, turn- will muster the political will and mobilize there. Right now, consumers are generally the needed investments to deploy them. ing on a light, or buying a bunch of grapes— indifferent between similarly-priced goods New energy technologies have become de- that person balances their personal benefits with wildly different carbon profiles. A car- cidedly more competitive. The United against the costs of the action. The cost to bon tax encourages consumers to realise the States’ Energy Information Administration them of the climate change resulting from easy carbon gains available from switching projects that the levelized cost of onshore the carbon content of that decisions, how- to good low-carbon substitutes wherever wind energy coming on stream in 2019—a ever, is effectively zero and is rationally ig- they exist. measure that includes everything from cap- nored. The decision to ignore carbon con- The biggest problem with a carbon tax is ital costs to operational outlays—could be as tent, when aggregated over the whole of hu- that America’s government seems unable to little as $71 per megawatt-hour measured in manity, generates huge carbon dioxide emis- deliver one. Attitudes may change, however, 2012 dollars, even without subsidies. This is sions and rising global temperatures. and near-uniform economist support for the $16 less than the lower cost projection four The economic solution is to tax the exter- policy (probably) doesn’t hurt its odds of years ago for wind energy coming online in nality so that the social cost of carbon is re- eventual passage. 2015. flected in the individual consumers decision. Similarly, projections for the levelized The carbon tax is an elegant solution to a [From the New York Times, Nov. 18, 2014] cost of energy from photovoltaic solar cells complicated problem, which allows the ev- A CARBON TAX COULD BOLSTER GREEN have tumbled by more than 40 percent, much eryday business of consumer decision mak- ENERGY faster than the cost projections of energy ing to do the work of emission reduction. It’s from coal or natural gas. by no means the only economically sensible (By Eduardo Porter) Challenges remain to relying on intermit- policy response to the threat of climate ECONOMIC SCENE tent energy sources like the sun or the wind change, but it is the one we’d expect econo- A couple of years ago, the smart money for power. Still, experts believe that hitching mists to embrace. was on wind. In 2012, 13 gigawatts worth of solar and wind plants to gas-fired generators, Mr. Cowen argues for caution on this point wind-powered electricity generation capac- and using new load management tech- for several reasons. A carbon tax will be less ity was installed in the United States, nologies to align demand for power with the effective if it’s not universally applied, po- enough to meet the needs of roughly three variable supply, offer a promising path for tentially leading to carbon leakage to coun- million homes. That was some 40 percent of aggressively reducing the amount of carbon tries with looser environmental rules. He all the capacity added to the nation’s power the power industry pumps into the atmos- worries that where carbon fees have been ap- grid that year, up from seven gigawatts phere, which accounts for nearly 40 percent plied innovation has not been quick to re- added in 2011 and just over five in 2010. of the nation’s total carbon dioxide emis- spond. He fears that good substitutes for car- But then a federal subsidy ended. Only one sions. bon fuels don’t exist, especially in the trans- gigawatt worth of wind power capacity was And new Energy Information Administra- port sector, and worries that higher fuel installed in 2013. In the first half of 2014, ad- tion projections to 2040 show prices for re- prices might harm the economy. He suggests ditions totaled 0.835 gigawatts. Facing a Con- newables falling even lower. By then, elec- that a ‘‘green-energy subsidies first’’ policy gress controlled by Republicans with little tricity from photovoltaic solar plants could might make more sense, and he talks about interest in renewable energy, wind power’s be generated for as little as $86.50 per mega- distributional and rent-seeking costs of the future suddenly appears much more uncer- watt-hour, without subsidies. In some areas policy. tain. wind-based plants could produce it for as lit- I think the weakness of these arguments is ‘‘Wind is competitive in more and more tle as $63.40. telling, and it’s not surprising that Mr. markets,’’ said Letha Tawney at the World Nuclear energy is also becoming more Cowen continues to support a carbon tax. Resources Institute. ‘‘But any time there is competitive. Without any subsidies, new- What if a carbon price doesn’t immediately uncertainty about the production tax credit, generation nuclear power coming on stream drive emission reductions? Then the tax will it all stops.’’ in 2040 could cost as little as $80 per mega- be an effective revenue raiser, much more ef- Wobbles on the road to a low-carbon future watt-hour, all costs considered. This is only ficient than a tax on income. Either way you are hardly unique to the United States. In marginally more expensive than electricity win. The worry about carbon leakage is a its latest Energy Technology Perspectives produced with coal or natural gas, even with- real one, but this dynamic also implies that report, the International Energy Agency out the added cost of capturing the carbon each new country that prices carbon in- noted that the deployment of photovoltaic dioxide.

VerDate Sep 11 2014 06:54 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.027 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6153 And there are much more optimistic cost ability to develop the necessary technologies First, the bill would clarify that buy- assessments out there than the Energy Infor- but in our political will to deploy them. ers of sex acts from trafficking victims mation Administration’s. can be prosecuted under the federal But for all the optimism generated by By Mrs. FEINSTEIN (for herself commercial sex trafficking statute. cheaper renewable fuels, they do not, on and Mr. PORTMAN): their own, put the world on the low-carbon This provision would codify the Eighth S. 2941. A bill to combat human traf- Circuit’s decision in United States v. path necessary to keep climate change in ficking; to the Committee on the Judi- check. Jungers, which held that this statute Progress is faltering on several fronts. The ciary. encompasses buyers, in addition to precipitous fall in the prices of photovoltaic Mrs. FEINSTEIN. Mr. President, I sellers. Despite this favorable ruling, cells from 2008 to 2012 pretty much stopped am pleased to introduce, along with there is no guarantee that other courts in 2013, after rapid consolidation of the in- Senator PORTMAN, the Combat Human will follow this precedent. dustry. Trafficking Act of 2014. The International Energy Agency now Second, the bill would hold buyers Human trafficking is estimated to be and sellers of child sex acts account- projects that installed global nuclear capac- a $32 billion criminal enterprise, mak- ity in 2025 will fall 5 percent, to 24 percent able for their actions, even if they below what will be needed to stay on the safe ing it the second largest criminal in- claim they were unaware of the age of side of climate change. And carbon capture dustry in the world, behind the drug a minor victim. At times, it can be dif- technologies, which will be essential if the trade. Many steps need to be taken to ficult for a prosecutor to prove that a world is to keep consuming any form of fos- combat this problem. But we cannot buyer was aware of the victim’s age. sil fuel, remain hampered by high costs, escape this simple truth: without de- Successful cases can require the child meager investment and scant political command for the services performed by mitment. victim to testify to this fact, sub- trafficking victims, the problem would jecting the victim to re-trauma- ‘‘The unrelenting rise in coal use without not exist. deployment of carbon capture and storage is tization. The bill would draw a clear fundamentally incompatible with climate The bill we are introducing today line: if you purchase sex from an under- change objectives,’’ noted the International would reduce the demand for human age child, you can be prosecuted. Pe- Energy Agency in its Technology Perspec- trafficking, particularly the commer- riod. tives report. cial sexual exploitation of children, by Third, the bill would grant judges Despite the falling costs of renewable en- holding buyers accountable and mak- greater flexibility to impose an appro- ergy in the United States, the Energy Infor- ing it easier for law enforcement to in- priate term of supervised release on sex mation Administration’s baseline assump- vestigate and prosecute all persons who tions project that in 2040 only 16.5 percent of traffickers. Current law contains an electricity generation will come from renew- participate in sex trafficking. anomaly: a person convicted of vio- able energy sources, up from some 13 percent Sex trafficking is not a victimless lating the commercial sex trafficking today. More than two-thirds will come from crime. In the United States, the aver- statute or attempting to violate the coal and gas. Without some carbon capture age age that a person is first trafficked statute may be subject to a longer and storage technology, drastic climate is between 12 and 14. Many of these term of supervised release than a per- change is almost certainly unavoidable. children continue to be exploited into son who is convicted of conspiring to What is necessary to get us on a safer adulthood. A study of women and girls path? violate the statute. Conspiring to traf- White House officials trust that the admin- involved in street prostitution in my fic underage children is as serious as istration has the tools, including fuel econ- hometown of San Francisco found that attempting to commit this crime and omy and appliance efficiency standards, the 82 percent had been physically as- should be punished the same. Environmental Protection Agency’s new saulted, 83 percent were threatened Fourth, the bill would require the limits on power plant emissions and regula- with a weapon, and 68 percent were Bureau of Justice Statistics to prepare tions to limit other greenhouse gases. raped. The overwhelming majority of annual reports on the number of ar- Yet the Energy Information Administra- sex trafficking victims are American rests, prosecutions, and convictions of tion’s projections suggest how hard the task citizens—83 percent by one estimate will be. Though they were developed before sex traffickers and buyers of sex from the Environmental Protection Agency issued from the Department of Justice. trafficked victims in the state court its new rules, they included hypothetical I am encouraged that Federal, State, system. Very little data is available on outlines that could mimic some of its ef- and local law enforcement agencies are the prosecutions made under anti-traf- fects. In one, coal power plants were decom- taking steps to combat human trafficking laws. This provision would pro- missioned more quickly; in another, sub- ficking. Between January and June of vide additional data and encourage sidies to renewable energy were kept until this year, the Federal Bureau of Inves- state and local governments to in- 2040. In another, the price of renewables fell tigation recovered 168 trafficking vic- crease enforcement against sellers and faster than expected. None of them did much tims and arrested 281 sex traffickers in to move the carbon dial. buyers of sex from trafficked victims. There is one tool available to trim carbon ‘‘Operation Cross Country.’’ Fifth, the Combat Human Traf- emissions on a relevant scale: a carbon tax. I commend these efforts, but more ficking Act would ensure that training That solution, however, remains off the needs to be done to target the perpetra- programs for federal and state law en- table. tors who are fueling demand for traf- forcement officers include components If a carbon tax were to be imposed next ficking crimes—the buyers of sex acts on effective methods to target and year, starting at $25 and rising by 5 percent from trafficking victims. Many buyers prosecute the buyers of sex acts from a year, the Energy Information Administra- of sex are ‘‘hobbyists’’ who purchase tion estimates, carbon dioxide emissions trafficked victims. This would equip from American power plants would fall to sex repeatedly. Because buyers are prosecutors with the tools they need to only 419 million tons by 2040, about one-fifth rarely arrested, much less prosecuted, target buyers, encouraging prosecution of where they are today. Total carbon diox- the demand for commercial sex con- of these perpetrators. ide emissions from energy in the United tinues unabated. Sixth, the bill would authorize fed- States would fall to 3.6 billion tons—1.8 bil- Without buyers, sex trafficking eral and state officials to seek a wire- lion tons less than today. By providing a would cease to exist. As Luis CdeBaca, tap to investigate and prosecute any monetary incentive, economists say, such a the U.S. Ambassador-at-Large for the human trafficking-related offense. tax would offer by far the most effective way Office to Monitor and Combat Traf- Under current law, a federal law en- to encourage business and individuals to reduce their use of fossil fuels and invest in al- ficking in Persons, noted, ‘‘[n]o girl or forcement officer may seek a wiretap ternatives. woman would be a victim of sex traf- in an investigation under the commer- Is this enough? No. This proposal still ficking if there were no profits to be cial sex trafficking statute, but not leaves the United States short of the 8o per- made from their exploitation.’’ under a number of other statutes that cent cut in greenhouse gas emissions that The Combat Human Trafficking Act address human trafficking-related of- the White House is aiming for and that ex- of 2014 would address this problem, by fenses, such as forced labor and invol- perts consider necessary by 2050 to prevent incentivizing federal and state law en- untary servitude. Similarly, a state climatic havoc. But at least it’s in the same order of magnitude. forcement officers to target buyers and law enforcement officer may seek a Most important, perhaps, the Energy Infor- providing new authorities to prosecute wiretap to investigate a kidnapping of- mation Administration’s estimates make all who engage in the crime of sex traf- fense, but not an offense for human clear that the real constraint lies not in our ficking. trafficking, child sexual exploitation,

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.029 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6154 CONGRESSIONAL RECORD — SENATE November 19, 2014 or child pornography production. Our (3) by striking subsection (c) and inserting the prevention, detection, investigation, or bill would fix those omissions. the following: prosecution of any violation of criminal law. Finally, this legislation would ‘‘(c) In a prosecution under subsection (b) TRAINING.—The Attorney General shall strengthen the rights of crime victims. (a)(1), the Government need not prove that ensure that each anti-human trafficking pro- the defendant knew, or recklessly dis- The bill would amend the Crime Vic- gram operated by the Department of Justice, regarded the fact, that the person recruited, including each anti-human trafficking train- tims’ Rights Act to provide victims enticed, harbored, transported, provided, ob- ing program for Federal, State, or local law with the right to be informed in a tained, maintained, patronized, or solicited enforcement officers, includes technical timely manner of any plea agreement had not attained the age of 18 years.’’. training on effective methods for inves- or deferred prosecution agreement. The (b) DEFINITION AMENDED.—Section 103(10) tigating and prosecuting individuals who ob- exclusion of victims in these early of the Trafficking Victims Protection Act of tain, patronize, or solicit a commercial sex stages of a criminal case profoundly 2000 (22 U.S.C. 7102(10)) is amended by strik- act involving a person subject to severe ing ‘‘or obtaining’’ and inserting ‘‘obtaining, forms of trafficking in persons. impairs victims’ rights because, by the patronizing, or soliciting’’. nature of these events, there often is (c) POLICY FOR FEDERAL LAW ENFORCEMENT (c) MINIMUM PERIOD OF SUPERVISED RE- OFFICERS.—The Attorney General shall en- no later proceeding in which victims LEASE FOR CONSPIRACY TO COMMIT COMMER- sure that Federal law enforcement officers can exercise their rights. CIAL CHILD SEX TRAFFICKING.—Section are engaged in activities, programs, or oper- The bill would also ensure that crime 3583(k) of title 18, United States Code, is ations involving the detection, investiga- victims have access to appellate review amended by inserting ‘‘1594(c),’’ after ‘‘1591,’’. tion, and prosecution of individuals de- when their rights are denied in the SEC. 3. BUREAU OF JUSTICE STATISTICS REPORT scribed in subsection (b). ON STATE ENFORCEMENT OF SEX lower court. Regrettably, five appellate SEC. 5. WIRETAP AUTHORITY FOR HUMAN TRAF- TRAFFICKING PROHIBITIONS. FICKING VIOLATIONS. courts have mis-applied the Crime Vic- (a) DEFINITIONS.—In this section— Section 2516 of title 18, United States Code, tims’ Rights Act by imposing an espe- (1) the terms ‘‘commercial sex act’’, ‘‘se- is amended— cially high standard for reviewing ap- vere forms of trafficking in persons’’, (1) in paragraph (1)(c)— peals by victims, requiring them to ‘‘State’’, and ‘‘Task Force’’ have the mean- (A) by inserting before ‘‘section 1591’’ the ings given those terms in section 103 of the show ‘‘clear and indisputable error’’. following: ‘‘section 1581 (peonage), section Trafficking Victims Protection Act of 2000 Four other circuits have applied the 1584 (involuntary servitude), section 1589 (22 U.S.C. 7102); correct standard: the ordinary appel- (forced labor), section 1590 (trafficking with (2) the term ‘‘covered offense’’ means the late standard of legal error or abuse of respect to peonage, slavery, involuntary ser- provision, obtaining, patronizing, or solic- vitude, or forced labor),’’; and discretion. This bill resolves the issue, iting of a commercial sex act involving a (B) by inserting before ‘‘section 1751’’ the setting a uniform standard for victims person subject to severe forms of trafficking following: ‘‘section 1592 (unlawful conduct in all circuits by codifying the more in persons; and with respect to documents in furtherance of victim-protecting rule, that the appel- (3) the term ‘‘State law enforcement offi- trafficking, peonage, slavery, involuntary late court ‘‘shall apply ordinary stand- cer’’ means any officer, agent, or employee servitude, or forced labor),’’; and of a State authorized by law or by a State ards of appellate review.’’ (2) in paragraph (2), by inserting ‘‘human government agency to engage in or supervise I am pleased that this bill has the trafficking, child sexual exploitation, child the prevention, detection, investigation, or support of numerous law enforcement pornography production,’’ after ‘‘kidnap- and anti-trafficking organizations: the prosecution of any violation of criminal law. (b) REPORT.—The Director of the Bureau of ping,’’. Federal Law Enforcement Officers As- Justice Statistics shall— SEC. 6. STRENGTHENING CRIME VICTIMS’ sociation, Shared Hope International, (1) prepare an annual report on— RIGHTS. ECPAT-USA, Coalition Against Traf- (A) the rates of— (a) NOTIFICATION OF PLEA AGREEMENT OR ficking in Women, CATW, Human (i) arrest of individuals by State law en- OTHER AGREEMENT.—Section 3771(a) of title Rights Project for Girls, Survivors for forcement officers for a covered offense; 18, United States Code, is amended by adding (ii) prosecution (including specific charges) at the end the following: Solutions, Sanctuary For Families, ‘‘(9) The right to be informed in a timely World Hope International, Prostitution of individuals in State court systems for a covered offense; and manner of any plea agreement or deferred Research & Education, MISSSEY, and (iii) conviction of individuals in State prosecution agreement.’’. Breaking Free. These groups are on the court systems for a covered offense; and (b) APPELLATE REVIEW OF PETITIONS RE- forefront in the fight against sex traf- (B) sentences imposed on individuals con- LATING TO CRIME VICTIMS’ RIGHTS.— ficking, and I am proud to have their victed in State court systems for a covered (1) IN GENERAL.—Section 3771(d)(3) of title support. offense; and 18, United States Code, is amended by insert- I urge my colleagues to join me and (2) submit the annual report prepared ing after the fifth sentence the following: ‘‘In deciding such application, the court of ap- Senator PORTMAN in supporting this under paragraph (1) to— peals shall apply ordinary standards of ap- bill. (A) the Committee on the Judiciary of the House of Representatives; pellate review.’’. Mr. President, I ask unanimous con- (2) APPLICATION.—The amendment made by sent that the text of the bill be printed (B) the Committee on the Judiciary of the Senate; paragraph (1) shall apply with respect to any in the RECORD. (C) the Task Force; petition for a writ of mandamus filed under There being no objection, the text of (D) the Senior Policy Operating Group es- section 3771(d)(3) of title 18, United States the bill was ordered to be printed in tablished under section 105(g) of the Traf- Code, that is pending on the date of enact- the RECORD, as follows: ficking Victims Protection Act of 2000 (22 ment of this Act. S. 2941 U.S.C. 7103(g)); and By Mr. DURBIN (for himself, Mr. Be it enacted by the Senate and House of Rep- (E) the Attorney General. resentatives of the United States of America in SEC. 4. DEPARTMENT OF JUSTICE TRAINING AND CORKER, Mr. COONS, and Mr. Congress assembled, POLICY. FLAKE): SECTION 1. SHORT TITLE. (a) DEFINITIONS.—In this section— S. 2946. A bill to provide improved This Act may be cited as the ‘‘Combat (1) the terms ‘‘commercial sex act’’, ‘‘se- water, sanitation, and hygiene pro- Human Trafficking Act of 2014’’. vere forms of trafficking in persons’’, and grams for high priority developing ‘‘State’’ have the meanings given those SEC. 2. REDUCING DEMAND FOR SEX TRAF- countries, and for other purposes; to terms in section 103 of the Trafficking Vic- FICKING; LOWER MENS REA FOR SEX the Committee on Foreign Relations. TRAFFICKING OF UNDERAGE VIC- tims Protection Act of 2000 (22 U.S.C. 7102); TIMS. (2) the term ‘‘Federal law enforcement offi- Mr. DURBIN. Mr. President, I ask (a) CLARIFICATION OF RANGE OF CONDUCT cer’’ has the meaning given the term in sec- unanimous consent that the text of the PUNISHED AS SEX TRAFFICKING.—Section 1591 tion 115 of title 18, United States Code; bill be printed in the RECORD. of title 18, United States Code, is amended— (3) the term ‘‘local law enforcement offi- There being no objection, the text of (1) in subsection (a)(1), by striking ‘‘or cer’’ means any officer, agent, or employee the bill was ordered to be printed in maintains’’ and inserting ‘‘maintains, pa- of a unit of local government authorized by the RECORD, as follows: tronizes, or solicits’’; law or by a local government agency to en- (2) in subsection (b)— gage in or supervise the prevention, detec- S. 2946 (A) in paragraph (1), by striking ‘‘or ob- tion, investigation, or prosecution of any Be it enacted by the Senate and House of Rep- tained’’ and inserting ‘‘obtained, patronized, violation of criminal law; and resentatives of the United States of America in or solicited’’; and (4) the term ‘‘State law enforcement offi- Congress assembled, (B) in paragraph (2), by striking ‘‘or ob- cer’’ means any officer, agent, or employee SECTION 1. SHORT TITLE. tained’’ and inserting ‘‘obtained, patronized, of a State authorized by law or by a State This Act may be cited as the ‘‘Senator or solicited’’; and government agency to engage in or supervise Paul Simon Water for the World Act of 2014’’.

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.035 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6155 SEC. 2. SENSE OF CONGRESS. (h) to ensure that USAID activities and SEC. 5. PROMOTING THE MAXIMUM IMPACT AND It is the sense of Congress that— projects, USAID program planning and budg- LONG-TERM SUSTAINABILITY OF (1) water and sanitation are critically im- eting documents, and USAID country devel- USAID SAFE WATER, SANITATION, portant resources that impact many other AND HYGIENE-RELATED PROJECTS opment strategies reflect and seek to imple- AND PROGRAMS. aspects of human life; ment— Section 136 of the Foreign Assistance Act (2) the United States should be a global ‘‘(I) the safe water, sanitation, and hygiene of 1961, as redesignated and amended by this leader in helping provide sustainable access objectives established in the strategy re- Act, is further amended by adding at the end to clean water and sanitation for the world’s quired under subsection (j), including objec- the following: most vulnerable populations; and tives relating to the management of water ‘‘(f) PRIORITIES AND CRITERIA FOR MAXIMUM (3) the ‘‘USAID Water and Development resources; and IMPACT AND LONG TERM SUSTAINABILITY.— Strategy, 2013–2018’’, which was released by ‘‘(II) international best practices relating The Administrator of the United States the United States Agency for International Agency for International Development shall to— Development in May 2013— ensure that the Agency for International De- ‘‘(aa) increasing access to safe water and (A) improves USAID’s capacity to provide velopment’s projects and programs author- sustainable water, sanitation, and hygiene sanitation; ized under this section are designed to assistance; ‘‘(bb) conducting hygiene-related activi- achieve maximum impact and long-term sus- (B) advances implementation of portions of ties; and tainability by— the Senator Paul Simon Water for the Poor ‘‘(cc) ensuring appropriate management of ‘‘(1) prioritizing countries on the basis of Act of 2005 (Public Law 109–121; 119 Stat. water resources; and the following clearly defined criteria and in- 2533), and ‘‘(v) develop appropriate benchmarks, dicators, to the extent sufficient data are (C) should inform the Global Water Strat- measurable goals, performance metrics, and available— egy required under section 136(j) of the For- monitoring and evaluation plans for USAID ‘‘(A) the proportion of the population using eign Assistance Act of 1961, as added by sec- projects and programs authorized under this an unimproved drinking water source; tion 6 of this Act. section. ‘‘(B) the total population using an unim- SEC. 3. CLARIFICATION OF ASSISTANCE TO PRO- ‘‘(2) DEPARTMENT OF STATE SPECIAL COORDI- proved drinking water source; VIDE SAFE WATER AND SANITATION NATOR FOR WATER RESOURCES.— ‘‘(C) the proportion of the population with- TO INCLUDE HYGIENE. out piped water access; ‘‘(A) DESIGNATION.—The Secretary of State Chapter 1 of part I of the Foreign Assist- ‘‘(D) the proportion of the population using or the Secretary’s designee, who shall be a ance Act of 1961 is amended— shared or other unimproved sanitation facili- current employee of the Department of State (1) by redesignating section 135 (22 U.S.C. ties; 2152h), as added by section 5(a) of the Sen- serving in a career or non-career position in ‘‘(E) the total population using shared or ator Paul Simon Water for the Poor Act of the Senior Executive Service or at the level other unimproved sanitation facilities; 2005 (Public Law 109–121; 22 U.S.C. 2152h of a Deputy Assistant Secretary or higher, ‘‘(F) the proportion of the population prac- note), as section 136; and shall serve concurrently as the Department ticing open defecation; (2) in section 136, as redesignated— of State Special Advisor for Water Resources ‘‘(G) the total number of children younger (A) in the section heading, by striking (referred to in this paragraph as the ‘Special than 5 years of age who died from diarrheal ‘AND SANITATION’’ and inserting ‘‘, SANI- Advisor’). disease; TATION, AND HYGIENE’’; and ‘‘(B) SPECIFIC DUTIES.—The Special Advisor ‘‘(H) the proportion of all deaths of chil- (B) in subsection (b), by striking ‘‘and sani- shall— dren younger than 5 years of age resulting tation’’ and inserting ‘‘, sanitation, and hy- ‘‘(i) provide direction and guidance to, co- from diarrheal disease; giene’’. ordinate, and oversee the projects and pro- ‘‘(I) the national government’s capacity, SEC. 4. IMPROVING COORDINATION AND OVER- grams of the Department of State authorized capability, and commitment to work with SIGHT OF SAFE WATER, SANITATION under this section; the United States to improve access to safe AND HYGIENE PROJECTS AND AC- ‘‘(ii) lead the implementation and revision, water, sanitation, and hygiene, including— TIVITIES. ‘‘(i) the government’s capacity and com- not less than every 5 years, of the Depart- Section 136 of the Foreign Assistance Act mitment to developing the indigenous capac- ment of State’s portion of the Global Water of 1961, as redesignated and amended by this ity to provide safe water and sanitation Act, is further amended by adding at the end Strategy required under subsection (j); without the assistance of outside donors; and the following: ‘‘(iii) prioritize and coordinate the Depart- ‘‘(ii) the degree to which such govern- ‘‘(e) COORDINATION AND OVERSIGHT.— ment of State’s international engagement on ment— ‘‘(1) USAID GLOBAL WATER COORDINATOR.— the allocation, distribution, and access to ‘‘(I) identifies such efforts as a priority; ‘‘(A) DESIGNATION.—The Administrator of global fresh water resources and policies re- and the United States Agency for International lated to such matters; ‘‘(II) allocates resources to such efforts; Development (referred to in this paragraph ‘‘(iv) coordinate with United States Agen- ‘‘(J) the availability of opportunities to le- as ‘USAID’) or the Administrator’s designee, cy for International Development and De- verage existing public, private, or other who shall be a current USAID employee serv- partment of State staff in each high priority donor investments in the water, sanitation, ing in a career or non-career position in the country designated pursuant to subsection and hygiene sectors, including investments Senior Executive Service or at the level of a (h) to ensure that United States diplomatic in the management of water resources; and Deputy Assistant Administrator or higher, efforts related to safe water, sanitation, and ‘‘(K) the likelihood of making significant shall serve concurrently as the USAID Glob- hygiene, including efforts related to manage- improvements on a per capita basis on the al Water Coordinator (referred to in this sub- ment of water resources and watersheds and health and educational opportunities avail- section as the ‘Coordinator’). able to women as a result of increased access the resolution of intra- and trans-boundary ‘‘(B) SPECIFIC DUTIES.—The Coordinator to safe water, sanitation, and hygiene, in- conflicts over water resources, are consistent shall— cluding access to appropriate facilities at ‘‘(i) provide direction and guidance to, co- with United States national interests; and primary and secondary educational institu- ordinate, and oversee the projects and pro- ‘‘(v) represent the views of the United tions seeking to ensure that communities grams of USAID authorized under this sec- States Government on the allocation, dis- benefitting from such projects and activities tion; tribution, and access to global fresh water develop the indigenous capacity to provide ‘‘(ii) lead the implementation and revision, resources and policies related to such mat- safe water and sanitation without the assist- not less frequently than once every 5 years, ters in key international fora, including key ance of outside donors; of USAID’s portion of the Global Water diplomatic, development-related, and sci- ‘‘(2) prioritizing and measuring, including Strategy required under subsection (j); entific organizations. through rigorous monitoring and evaluating ‘‘(iii) seek— ‘‘(3) ADDITIONAL NATURE OF DUTIES AND RE- mechanisms, the extent to which such ‘‘(I) to expand the capacity of USAID, sub- STRICTION ON ADDITIONAL OR SUPPLEMENTAL project or program— ject to the availability of appropriations, in- COMPENSATION.—The responsibilities and spe- ‘‘(A) furthers significant improvements cluding through the designation of a lead cific duties of the Administrator of the in— subject matter expert selected from among United States Agency for International De- ‘‘(i) the criteria set forth in subparagraphs USAID staff in each high priority country velopment (or the Administrator’s designee) (A) through (H) of paragraph (1); designated pursuant to subsection (h); ‘‘(ii) the health and educational opportuni- and the Secretary of State (or the Sec- ‘‘(II) to implement such programs and ac- ties available to women as a result of in- retary’s designee) under paragraph (2) or (3), tivities; creased access to safe water, sanitation, and respectively, shall be in addition to any ‘‘(III) to take advantage of economies of hygiene, including access to appropriate fa- scale; and other responsibilities or specific duties as- cilities at primary and secondary edu- ‘‘(IV) to conduct more efficient and effec- signed to such individuals. Such individuals cational institutions; and tive projects and programs; shall receive no additional or supplemental ‘‘(iii) the indigenous capacity of the host ‘‘(iv) coordinate with the Department of compensation as a result of carrying out nation or community to provide safe water State and USAID staff in each high priority such responsibilities and specific duties and sanitation without the assistance of out- country designated pursuant to subsection under such paragraphs.’’. side donors;

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‘‘(B) is designed, as part of the provision of ‘‘(B) DESIGNATIONS AFTER FISCAL YEAR ‘‘(i) carry out the duties and responsibil- safe water and sanitation to the local com- 2018.—Beginning with fiscal year 2019, des- ities assigned to the Special Coordinator for munity— ignations under paragraph (1) shall be Water Resources under subsection (e)(2); and ‘‘(i) to be financially independent over the made— ‘‘(ii) ensure that the Department’s activi- long term, focusing on local ownership and ‘‘(i) based upon the criteria set forth in ties authorized under this section are de- sustainability; subsection (f)(1); and signed— ‘‘(ii) to be undertaken in conjunction with ‘‘(ii) in furtherance of the strategy re- ‘‘(I) to improve management of water re- relevant public institutions or private enter- quired under subsection (j). sources and watersheds in countries des- prises; ‘‘(i) TARGETING OF PROJECTS AND PROGRAMS ignated pursuant to subsection (h); and ‘‘(iii) to identify and empower local indi- TO AREAS OF GREATEST NEED.— ‘‘(II) to prevent and resolve, to the greatest viduals or institutions to be responsible for ‘‘(1) IN GENERAL.—Not later than 15 days degree possible, both intra- and trans-bound- the effective management and maintenance before the obligation of any funds for water, ary conflicts over water resources in such of such project or program; and sanitation, or hygiene projects or programs countries; and ‘‘(iv) to provide safe water or expertise or pursuant to this section in countries that are ‘‘(C) from other Federal departments and capacity building to those identified parties not ranked in the top 50 countries based agencies, as appropriate, that describes the or institutions for the purposes of developing upon the WASH Needs Index, the Adminis- contributions of the departments and agen- a plan and clear responsibilities for the effec- trator of the United States Agency for Inter- cies to implementing the Global Water tive management and maintenance of such national Development shall notify the appro- Strategy. project or program; priate congressional committees of the ‘‘(C) leverages existing public, private, or planned obligation of such funds. ‘‘(3) INDIVIDUALIZED PLANS FOR HIGH PRI- ORITY COUNTRIES.—For each high priority other donor investments in the water, sani- ‘‘(2) DEFINED TERM.—In this subsection and tation, and hygiene sectors, including invest- in subsection (j), the term ‘WASH Needs country designated pursuant to subsection ments in the management of water re- Index’ means the needs index for water, sani- (h), the Administrator of the United States sources; tation, or hygiene projects or programs au- Agency for International Development ‘‘(D) avoids duplication of efforts with thorized under this section that has been de- shall— other United States Government agencies or veloped using the criteria and indicators de- ‘‘(A) develop a costed, evidence-based, and departments or those of other nations or scribed in subparagraphs (A) through (H) of results-oriented plan that— nongovernmental organizations; subsection (f)(1).’’. ‘‘(i) seeks to achieve the purposes of this ‘‘(E) coordinates such efforts with the ef- SEC. 6. UNITED STATES STRATEGY TO INCREASE section; and forts of other United States Government APPROPRIATE LONG-TERM SUSTAIN- ‘‘(ii) meets the requirements under sub- agencies or departments or those of other ABILITY AND ACCESS TO SAFE section (f); and nations or nongovernmental organizations WATER, SANITATION, AND HYGIENE. ‘‘(B) include such plan in an appendix to directed at assisting refugees and other dis- (a) IN GENERAL.—Section 136 of the Foreign the Global Water Strategy required under placed individuals; and Assistance Act of 1961, as redesignated and paragraph (1). ‘‘(F) involves consultation with appro- amended by this Act, is further amended by ‘‘(4) FIRST TIME ACCESS REPORTING REQUIRE- priate stakeholders, including communities adding at the end the following: MENT.—The Global Water Strategy shall spe- directly affected by the lack of access to ‘‘(j) GLOBAL WATER STRATEGY.— cifically describe the target percentage of clean water, sanitation or hygiene, and other ‘‘(1) IN GENERAL.—Not later than October 1, funding for each fiscal year covered by such appropriate nongovernmental organizations; 2017, and every 5 years thereafter, the Presi- strategy to be directed toward projects ‘‘(3) seeking to further the ‘USAID Water dent, acting through the Secretary of State, aimed at providing first-time access to safe and Development Strategy, 2013–2018’ the Administrator of the United States water and sanitation. through 2018; and Agency for International Development, and ‘‘(5) PERFORMANCE INDICATORS.—The Global ‘‘(4) seeking to further the strategy re- the heads of other Federal departments and Water Strategy shall include specific and quired under subsection (j) after 2018. agencies, as appropriate, shall submit a sin- measurable goals, benchmarks, performance ‘‘(g) USE OF IMPROVED DATA COLLECTION gle government-wide Global Water Strategy metrics, timetables, and monitoring and AND REVIEW OF NEW STANDARDIZED INDICA- to the appropriate congressional committees evaluation plans required to be developed by TORS.— that provides a detailed description of how the Administrator of the United States ‘‘(1) IN GENERAL.—The Administrator of the the United States intends— Agency for International Development pur- United States Agency for International De- ‘‘(A) to increase access to safe water, sani- suant to subsection (e)(1)(B)(v). velopment is authorized to use improved tation, and hygiene in high priority coun- ‘‘(6) CONSULTATION AND BEST PRACTICES.— data collection— tries designated pursuant to subsection (h), ‘‘(A) to meet the health-based including a summary of the WASH Needs The Global Water Strategy shall— prioritization criteria established pursuant Index and the specific weighting of data and ‘‘(A) be developed in consultation with the to subsection (f)(1); and other assumptions used to develop and rank heads of other appropriate Federal depart- ‘‘(B) to review new standardized indicators countries on the WASH Needs Index; ments and agencies; and in evaluating progress towards meeting such ‘‘(B) to improve the management of water ‘‘(B) incorporate best practices from the criteria. resources and watersheds in such countries; international development community. ‘‘(2) CONSULTATION AND NOTICE.—The Ad- and ‘‘(k) DEFINITION.—In this section, the term ministrator shall— ‘‘(C) to work to prevent and resolve, to the ‘appropriate congressional committees’ ‘‘(A) regularly consult with the appro- greatest degree possible, both intra- and means— priate congressional committees; and trans-boundary conflicts over water re- ‘‘(1) the Committee on Foreign Relations ‘‘(B) notify such committees not later 30 sources in such countries. of the Senate; days before using improved data collection ‘‘(2) AGENCY SPECIFIC PLANS.—The Global ‘‘(2) the Committee on Appropriations of and review of new standardized indicators Water Strategy shall include an agency-spe- the Senate; under paragraph (1) for the purposes of car- cific plan— ‘‘(3) the Committee on Foreign Affairs of rying out this section. ‘‘(A) from the United States Agency for the House of Representatives; and ‘‘(h) DESIGNATION OF HIGH PRIORITY COUN- International Development that describes ‘‘(4) the Committee on Appropriations of TRIES.— specifically how the Agency for Inter- the House of Representatives.’’. ‘‘(1) INITIAL DESIGNATION.—Not later than national Development will— October 1, 2015, the President shall— ‘‘(i) carry out the duties and responsibil- (b) DEPARTMENT OF STATE AGENCY SPECIFIC ‘‘(A) designate, on the basis of the criteria ities assigned to the Global Water Coordi- PLAN.—Not later than 180 days after the date set forth in subsection (f)(1) and in further- nator under subsection (e)(1); of enactment of this Act, the Secretary of ance of the ‘USAID Water and Development ‘‘(ii) ensure that the Agency for Inter- State shall submit an agency-specific plan to Strategy, 2013–2018’, not fewer than 10 coun- national Development’s projects and pro- the appropriate congressional committees tries as high priority countries to be the pri- grams authorized under this section are de- mary recipients of United States Govern- signed to achieve maximum impact and (as defined in section 136(k) of the Foreign ment assistance authorized under this sec- long-term sustainability, including by imple- Assistance Act of 1961, as added by sub- tion during fiscal year 2016; and menting the requirements described in subsection (a)) that meets the requirements of ‘‘(B) notify the appropriate congressional section (f); and section 136(j)(2)(B) of such Act, as added by committees of such designations. ‘‘(iii) increase access to safe water, sanita- subsection (a). ‘‘(2) ANNUAL DESIGNATIONS.— tion, and hygiene in high priority countries (c) CONFORMING AMENDMENT.—Section 6 of ‘‘(A) IN GENERAL.—Except as provided in designated pursuant to subsection (h); subparagraph (B), the President shall annu- ‘‘(B) from the Department of State that de- the Senator Paul Simon Water for the Poor ally make new designations pursuant to the scribes specifically how the Department of Act of 2005 (Public Law 109–121; 22 U.S.C. criteria set forth in paragraph (1). State will— 2152h note) is repealed.

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.020 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6157 SUBMITTED RESOLUTIONS Resolved, That the Senate expresses its ap- chapter includes confinement for more than preciation to Jerry Linnell and commends one year. him for his lengthy, faithful and outstanding (B) A conspiracy to commit an offense SENATE RESOLUTION 583—DESIG- service to the Senate. specified in subparagraph (A) as punishable NATING NOVEMBER 30, 2014, AS Resolved, That the Secretary of the Senate under section 881 of title 10, United States ‘‘DRIVE SAFER SUNDAY’’ shall transmit a copy of this resolution to Code (article 81 of the Uniform Code of Mili- Jerald D. Linnell. tary Justice). Mr. ISAKSON submitted the fol- f (C) A solicitation to commit an offense lowing resolution; which was referred specified in subparagraph (A) as punishable to the Committee on the Judiciary: AMENDMENTS SUBMITTED AND under section 882 of title 10, United States S. RES. 583 PROPOSED Code (article 82 of the Uniform Code of Mili- tary Justice). Whereas motor vehicle travel is the pri- SA 3949. Mrs. GILLIBRAND submitted an (D) An attempt to commit an offense speci- mary means of transportation in the United amendment intended to be proposed by her fied in subparagraphs (A) through (C) as pun- States; to the bill S. 2410, to authorize appropria- ishable under section 880 of title 10, United Whereas every individual traveling on the tions for fiscal year 2015 for military activi- States Code (article 80 of the Uniform Code roads and highways needs to drive in a safer ties of the Department of Defense, for mili- of Military Justice). manner to reduce deaths and injuries that tary construction, and for defense activities (3) EXCLUDED OFFENSES.—Paragraph (1) result from motor vehicle accidents; of the Department of Energy, to prescribe does not apply to an offense as follows: Whereas according to the National High- military personnel strengths for such fiscal (A) An offense under sections 883 through way Traffic Safety Administration, wearing year, and for other purposes; which was or- 917 of title 10, United States Code (articles 83 a seat belt saves as many as 15,000 lives each dered to lie on the table. through 117 of the Uniform Code of Military year; and Justice). Whereas the Sunday after Thanksgiving is f (B) An offense under section 933 or 934 of the busiest highway traffic day of the year: TEXT OF AMENDMENTS title 10, United States Code (articles 133 and Now, therefore, be it Resolved, That the Senate— SA 3949. Mrs. GILLIBRAND sub- 134 of the Uniform Code of Military Justice). (1) encourages— mitted an amendment intended to be (C) A conspiracy to commit an offense (A) high schools, colleges, universities, ad- proposed by her to the bill S. 2410, to specified in subparagraph (A) or (B) as punishable under section 881 of title 10, United ministrators, teachers, primary schools, and authorize appropriations for fiscal year secondary schools to launch campus-wide States Code (article 81 of the Uniform Code 2015 for military activities of the De- of Military Justice). educational campaigns to urge students to partment of Defense, for military con- focus on safety when driving; (D) A solicitation to commit an offense (B) national trucking firms to alert their struction, and for defense activities of specified in subparagraph (A) or (B) as pun- drivers to be especially focused on driving the Department of Energy, to prescribe ishable under section 882 of title 10, United safely on the Sunday after Thanksgiving, military personnel strengths for such States Code (article 82 of the Uniform Code and to publicize the importance of the day fiscal year, and for other purposes; of Military Justice). through use of the Citizens Band Radio Serv- which was ordered to lie on the table; (E) An attempt to commit an offense specified in subparagraph (A) through (D) as pun- ice and at truck stops across the United as follows: States; ishable under section 880 of title 10, United At the end of title V, add the following: (C) clergies to remind their congregations States Code (article 80 of the Uniform Code to travel safely when attending services and Subtitle I—Uniform Code of Military Justice of Military Justice). gatherings; Reform (4) REQUIREMENTS AND LIMITATIONS.—The disposition of charges pursuant to paragraph (D) law enforcement personnel to remind SEC. 591. SHORT TITLE. (1) shall be subject to the following: drivers and passengers to drive safely, par- This subtitle may be cited as the ‘‘Military (A) The determination whether to try such ticularly on the Sunday after Thanksgiving; Justice Improvement Act of 2014’’. charges by court-martial shall be made by a (E) motorists to drive safely, not just dur- SEC. 592. MODIFICATION OF AUTHORITY TO DE- ing the holiday season, but every time they commissioned officer of the Armed Forces TERMINE TO PROCEED TO TRIAL BY designated in accordance with regulations get behind the wheel; and COURT-MARTIAL ON CHARGES ON (F) all people of the United States to un- CERTAIN OFFENSES WITH AUTHOR- prescribed for purposes of this subsection derstand the life-saving importance of wear- IZED MAXIMUM SENTENCE OF CON- from among commissioned officers of the ing a seat belt and to use the Sunday after FINEMENT OF MORE THAN ONE Armed Forces in grade O–6 or higher who— YEAR. Thanksgiving as an opportunity to educate (i) are available for detail as trial counsel themselves about highway safety; and (a) MODIFICATION OF AUTHORITY.— under section 827 of title 10, United States (2) designates November 30, 2014, as ‘‘Drive (1) IN GENERAL.— Code (article 27 of the Uniform Code of Mili- Safer Sunday’’. (A) MILITARY DEPARTMENTS.—With respect tary Justice); to charges under chapter 47 of title 10, (ii) have significant experience in trials by f United States Code (the Uniform Code of general or special court-martial; and SENATE RESOLUTION 584—COM- Military Justice), that allege an offense (iii) are outside the chain of command of MENDING JERALD D. LINNELL specified in paragraph (2) and not excluded the member subject to such charges. ON HIS SERVICE TO THE UNITED under paragraph (3), the Secretary of Defense (B) Upon a determination under subpara- shall require the Secretaries of the military graph (A) to try such charges by court-mar- STATES SENATE departments to provide for the determina- tial, the officer making that determination Mr. REID of Nevada (for himself and tion under section 830(b) of such chapter (ar- shall determine whether to try such charges Mr. MCCONNELL) submitted the fol- ticle 30(b) of the Uniform Code of Military by a general court-martial convened under lowing resolution; which was consid- Justice) on whether to try such charges by section 822 of title 10, United States Code ered and agreed to: court-martial as provided in paragraph (4). (article 22 of the Uniform Code of Military (B) HOMELAND SECURITY.—With respect to Justice), or a special court-martial convened S. RES. 584 charges under chapter 47 of title 10, United under section 823 of title 10, United States Whereas Jerry Linnell, a native of Min- States Code (the Uniform Code of Military Code (article 23 of the Uniform Code of Mili- nesota, graduated from the court reporting Justice), that allege an offense specified in tary Justice). program of the Minnesota School of Business paragraph (2) and not excluded under para- (C) A determination under subparagraph in Minneapolis; graph (3) against a member of the Coast (A) to try charges by court-martial shall in- Whereas Jerry Linnell, joined the Official Guard (when it is not operating as a service clude a determination to try all known of- Reporters of Debate of the United States in the Navy), the Secretary of Homeland Se- fenses, including lesser included offenses. Senate in 1982 and became Chief Reporter in curity shall provide for the determination (D) The determination to try such charges 1999 supervising a staff of reporters and tran- under section 830(b) of such chapter (article by court-martial under subparagraph (A), scribers and producing the Senate’s portion 30(b) of the Uniform Code of Military Jus- and by type of court-martial under subpara- of the Congressional Record with remarkable tice) on whether to try such charges by graph (B), shall be binding on any applicable accuracy; court-martial as provided in paragraph (4). convening authority for a trial by court- Whereas Jerry Linnell has earned the re- (2) COVERED OFFENSES.—An offense speci- martial on such charges. spect and affection of the Senators, their fied in this paragraph is an offense as fol- (E) The actions of an officer described in staffs and all of his colleagues for his profes- lows: subparagraph (A) in determining under that sionalism, dedication and good humor; (A) An offense under chapter 47 of title 10, subparagraph whether or not to try charges Whereas Jerry Linnell now retires from United States Code (the Uniform Code of by court-martial shall be free of unlawful or the Senate after 32 years to spend more time Military Justice), that is triable by court- unauthorized influence or coercion. with his wife Jane, his four children and five martial under that chapter for which the (F) The determination under subparagraph grandchildren: Now, therefore, be it maximum punishment authorized under that (A) not to proceed to trial of such charges by

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general or special court-martial shall not op- (1) OFFICES REQUIRED.—Each Chief of Staff COMMITTEE ON FOREIGN RELATIONS erate to terminate or otherwise alter the au- of the Armed Forces or Commandant speci- Mr. DURBIN. Mr. President, I ask thority of commanding officers to refer such fied in paragraph (8) of section 822(a) of title unanimous consent that the Com- charges for trial by summary court-martial 10, United States Code (article 22(a) of the mittee on Foreign Relations be author- convened under section 824 of title 10, United Uniform Code of Military Justice), as amend- ized to meet during the session of the States Code (article 24 of the Uniform Code ed by subsection (a), shall establish an office of Military Justice), or to impose non-judi- to do the following: Senate on November 19, 2014, at 2:00 cial punishment in connection with the con- (A) To convene general and special courts- p.m. duct covered by such charges as authorized martial under sections 822 and 823 of title 10, The PRESIDING OFFICER. Without by section 815 of title 10, United States Code United States Code (articles 22 and 23 of the objection, it is so ordered. (article 15 of the Uniform Code of Military Uniform Code of Military Justice), pursuant COMMITTEE ON HEALTH, EDUCATION, LABOR, Justice). to paragraph (8) of section 822(a) of title 10, AND PENSIONS (5) CONSTRUCTION WITH CHARGES ON OTHER United States Code (article 22(a) of the Uni- Mr. DURBIN. Mr. President, I ask OFFENSES.—Nothing in this subsection shall form Code of Military Justice), as so amend- unanimous consent that the Com- be construed to alter or affect the disposi- ed, with respect to offenses to which section mittee on Health, Education, Labor, tion of charges under chapter 47 of title 10, 592(a)(1) applies. and Pensions be authorized to meet United States Code (the Uniform Code of (B) To detail under section 825 of title 10, Military Justice), that allege an offense tri- United States Code (article 25 of the Uniform during the session of the Senate on No- able by court-martial under that chapter for Code of Military Justice), members of vember 19, 2014, at 10 a.m. in room SD– which the maximum punishment authorized courts-martial convened as described in sub- 430 of the Dirksen Senate Office Build- under that chapter includes confinement for paragraph (A). ing. one year or less. (2) PERSONNEL.—The personnel of each of- The PRESIDING OFFICER. Without (6) POLICIES AND PROCEDURES.— fice established under paragraph (1) shall objection, it is so ordered. (A) IN GENERAL.—The Secretaries of the consist of such members of the Armed Forces COMMITTEE ON HOMELAND SECURITY AND military departments and the Secretary of and civilian personnel of the Department of GOVERNMENTAL AFFAIRS Homeland Security (with respect to the Defense, or such members of the Coast Guard Mr. DURBIN. Mr. President, I ask Coast Guard when it is not operating as a or civilian personnel of the Department of unanimous consent that the Com- service in the Navy) shall revise policies and Homeland Security, as may be detailed or as- procedures as necessary to comply with this signed to the office by the Chief of Staff or mittee on Homeland Security and Gov- subsection. Commandant concerned. The members and ernmental Affairs be authorized to (B) UNIFORMITY.—The General Counsel of personnel so detailed or assigned, as the case meet during the session of the Senate the Department of Defense and the General may be, shall be detailed or assigned from on November 19, 2014, at 10 a.m. to con- Counsel of the Department of Homeland Se- personnel billets in existence on the date of duct a hearing entitled ‘‘Preparedness curity shall jointly review the policies and the enactment of this Act. and Response to Public Health Threats: procedures revised under this paragraph in SEC. 594. DISCHARGE USING OTHERWISE AU- How Prepared Are We?’’ order to ensure that any lack of uniformity THORIZED PERSONNEL AND RE- The PRESIDING OFFICER. Without in policies and procedures, as so revised, SOURCES. objection, it is so ordered. among the military departments and the De- (a) IN GENERAL.—The Secretaries of the COMMITTEE ON INDIAN AFFAIRS partment of Homeland Security does not military departments and the Secretary of render unconstitutional any policy or proce- Homeland Security (with respect to the Mr. DURBIN. Mr. President, I ask dure, as so revised. Coast Guard when it is not operating as a unanimous consent that the Com- (7) MANUAL FOR COURTS-MARTIAL.—The Sec- service in the Navy) shall carry out sections mittee on Indian Affairs be authorized retary of Defense shall recommend such 592 and 593 (and the amendments made by to meet during the session of the Sen- changes to the Manual for Courts-Martial as section 593) using personnel, funds, and re- ate on November 19, 2014, in room SD– are necessary to ensure compliance with this sources otherwise authorized by law. 628 of the Dirksen Senate Office Build- subsection. (b) NO AUTHORIZATION OF ADDITIONAL PER- ing, at 2:30 p.m. to conduct a hearing (b) EFFECTIVE DATE AND APPLICABILITY.— SONNEL OR RESOURCES.—Sections 592 and 593 entitled ‘‘Protecting our Children’s Subsection (a), and the revisions required by (and the amendments made by section 593) that subsection, shall take effect on the date shall not be construed as authorizations for Mental Health: Preventing and Ad- that is 180 days after the date of the enact- personnel, personnel billets, or funds for the dressing Childhood Trauma in Indian ment of this Act, and shall apply with re- discharge of the requirements in such sec- Country.’’ spect to charges preferred under section 830 tions. The PRESIDING OFFICER. Without of title 10, United States Code (article 30 of SEC. 595. MONITORING AND ASSESSMENT OF objection, it is so ordered. the Uniform Code of Military Justice), on or MODIFICATION OF AUTHORITIES ON COMMITTEE ON VETERANS’ AFFAIRS after such effective date. COURTS-MARTIAL BY INDEPENDENT Mr. DURBIN. Mr. President, I ask SEC. 593. MODIFICATION OF OFFICERS AUTHOR- PANEL ON REVIEW AND ASSESS- IZED TO CONVENE GENERAL AND MENT OF PROCEEDINGS UNDER THE unanimous consent that the Com- SPECIAL COURTS-MARTIAL. UNIFORM CODE OF MILITARY JUS- mittee on Veterans’ Affairs be author- (a) IN GENERAL.—Subsection (a) of section TICE. ized to meet during the session of the 822 of title 10, United States Code (article 22 Section 576(d)(2) of the National Defense Senate on November 19, 2014, at 10:30 of the Uniform Code of Military Justice), is Authorization Act for Fiscal Year 2013 (Pub- a.m. in room SR–418 of the Russell Sen- amended— lic Law 112–239; 126 Stat. 1762) is amended— ate Office Building. (1) by redesignating paragraphs (8) and (9) (1) by redesignating subparagraph (J) as The PRESIDING OFFICER. Without subparagraph (K); and as paragraphs (9) and (10), respectively; and objection, it is so ordered. (2) by inserting after paragraph (7) the fol- (2) by inserting after subparagraph (I) the lowing new paragraph (8): following new subparagraph (J): SPECIAL COMMITTEE ON AGING ‘‘(8) the officers in the offices established ‘‘(J) Monitor and assess the implementa- Mr. DURBIN. Mr. President, I ask pursuant to section 593(c) of the Military tion and efficacy of sections 592 through 594 unanimous consent that the Special Justice Improvement Act of 2014 or officers of the Military Justice Improvement Act of Committee on Aging be authorized to in the grade of O–6 or higher who are as- 2014, and the amendments made by such sec- meet during the session of the Senate signed such responsibility by the Chief of tions.’’. on November 19, 2014, in room SD–562 of Staff of the Army, the Chief of Naval Oper- f the Dirksen Senate Office Building at ations, the Chief of Staff of the Air Force, 2:15 p.m. to conduct a hearing entitled the Commandant of the Marine Corps, or the Commandant of the Coast Guard, but only AUTHORITY FOR COMMITTEES TO ‘‘Private Industry’s Role in Stemming with respect to offenses to which section MEET the Tide of Phone Scams.’’ 592(a)(1) of the Military Justice Improve- The PRESIDING OFFICER. Without COMMITTEE ON BANKING, HOUSING, AND URBAN ment Act of 2014 applies;’’. objection, it is so ordered. AFFAIRS (b) NO EXERCISE BY OFFICERS IN CHAIN OF f COMMAND OF ACCUSED OR VICTIM.—Such sec- Mr. DURBIN. Mr. President, I ask tion (article) is further amended by adding unanimous consent that the Com- PRIVILEGES OF THE FLOOR at the end the following new subsection: mittee on Banking, Housing, and Mr. GRASSLEY. Mr. President, I ask ‘‘(c) An officer specified in subsection (a)(8) Urban Affairs be authorized to meet unanimous consent that Mary Futcher, may not convene a court-martial under this during the session of the Senate on No- section if the officer is in the chain of com- a detailee on my staff from the Depart- mand of the accused or the victim.’’. vember 19, 2014, at 10 a.m. ment of Justice, be granted the privi- (c) OFFICES OF CHIEFS OF STAFF ON COURTS- The PRESIDING OFFICER. Without lege of the floor for the remainder of MARTIAL.— objection, it is so ordered. this session of Congress.

VerDate Sep 11 2014 06:54 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.031 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6159 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without fact that I once voted for President objection, it is so ordered. objection, it is so ordered. Obama, personal admiration is no sub- f The Senator from Iowa. stitute for the constitutional principles f at stake in this controversy.’’ COMMENDING JERALD D. LINNELL The professor went on: EXECUTIVE ORDERS ON HIS SERVICE TO THE UNITED When a President claims the inherent STATES SENATE Mr. GRASSLEY. Mr. President, in power of both legislation and enforcement, Mr. REID. Mr. President, I ask unan- his State of the Union Address last he becomes a virtual government unto him- imous consent that the Senate proceed January, President Obama announced self. He is not simply posing a danger to the to the consideration of S. Res. 584, what he called a year of action. Armed constitutional system; he becomes the very danger that the Constitution was designed to which was submitted earlier today. with pen and phone, he promised to avoid. The PRESIDING OFFICER. The take action where Congress wouldn’t. Against this backdrop, I asked the At the time, I warned that these clerk will report the resolution by President to defend the legal basis for threats were a gathering danger to the title. the actions he was threatening. In my separation of powers established in our The legislative clerk read as follows: letter I asked the Attorney General to Constitution. A resolution (S. Res. 584) commending Jer- direct the Justice Department’s Office The President is now threatening to ald D. Linnell on his service to the United of Legal Counsel to publicly disclose States Senate. implement a mass amnesty from our its opinions concerning the lawfulness immigration laws by Executive fiat. He There being no objection, the Senate of the Executive orders proposed by the plans to act without the support of proceeded to consider the resolution. President. That is what the Office of Congress or the American people. In Mr. REID. Mr. President, I ask unan- Legal Counsel does—it reviews all Ex- fact, he has conveniently waited until imous consent that the resolution be ecutive orders to determine whether agreed to, the preamble be agreed to, after the recent elections to do so in they are constitutional and lawful. and the motions to reconsider be laid order to avoid being punished at the Many of its opinions have been made upon the table with no intervening ac- ballot box. This Executive order will be public in the past. I hoped this trans- tion or debate. the culmination of his self-proclaimed parency would allow Congress and then The PRESIDING OFFICER. Without year of action. the American people to better under- objection, it is so ordered. The President may think of this Ex- stand the alleged legal basis for these The resolution (S. Res. 584) was ecutive action as a political victory in orders and challenge them, if nec- agreed to. a year filled with so many failures and essary. The preamble was agreed to. defeats for him and his party, but his- Providing Congress and the American (The resolution, with its preamble, is tory will surely view it as a serious people with the legal opinions sup- printed in today’s RECORD under ‘‘Sub- blow to the systems of checks and bal- porting his unilateral actions seemed mitted Resolutions.’’) ances established by the Framers. In like a reasonable request of a President reality, this was a year in which the f who had claimed to support ‘‘an un- President’s abuse of Executive power precedented level of openness’’ and ORDERS FOR THURSDAY, came into clear focus. transparency in government. But Feb- NOVEMBER 20, 2014 Today I would like to review Presi- ruary passed, March as well, April Mr. REID. Mr. President, I ask unan- dent Obama’s pattern of unconstitu- came and went, winter turned into imous consent that when the Senate tional Executive action this year. I spring, and summer was around the completes its business today, it ad- would like to explain why the mass corner. Finally, on May 20 I received a journ until 9:30 a.m. on Thursday, No- amnesty he has been threatening is response from the Justice Department. vember 20, 2014; that following the merely the latest in a long list of In summary, the Department told me prayer and pledge, the morning hour be abuses of his Executive authority. And no, they wouldn’t disclose these opin- deemed expired, the Journal of pro- I would like to offer a few thoughts ions to the public. However, the De- ceedings be approved to date, and the about what the Senate can do about partment assured me that if I had ques- time for the two leaders be reserved for these kinds of abuses. tions about particular Office of Legal their use later in the day; that fol- After the President’s State of the Counsel advice documents, it would as- lowing any leader remarks, the Senate Union Address, I wrote to the Attorney sist me in understanding them—in be in a period of morning business until General on January 31. I wrote that I their words—to the fullest extent pos- 2 p.m., with Senators permitted to was ‘‘gravely concerned that the sys- sible. In short, the administration speak therein for up to 10 minutes tem of checks and balances enshrined stonewalled legitimate questions from each. in the Constitution [was] threatened by Congress, as it often does, and stymied The PRESIDING OFFICER. Without the President’s determination to take this Congress from carrying out its objection, it is so ordered. unilateral action.’’ In short, I made constitutional responsibility of over- f clear that ‘‘while the President has a sight. pen and phone, we have a Constitution As it turned out, within a few weeks PROGRAM that places limits on his use of them to I and many others in Congress had very Mr. REID. For the information of issue Executive Orders.’’ Indeed, my serious questions about a specific Exec- Senators, there will be up to five roll- concern about the President’s threat to utive action and its effect on our na- call votes at 2 p.m. on confirmation of take action on his own was ‘‘height- tional security, and we had questions the Pepper, Sannes, Arleo, Beetlestone, ened by the administration’s record of about the advice provided by the Office and Bolden district judicial nomina- failing to discharge his constitutional of Legal Counsel. The American people tions. duties to ‘take Care that the Laws be had the same questions as well. I would ask of my friend, the Senator faithfully executed.’ ’’ In early June the President decided from Iowa, how long he is going to By then, President Obama had al- to release five Taliban detainees held speak. ready failed to execute the laws in at Guantanamo Bay in exchange for Mr. GRASSLEY. I will speak for 20 to many areas. For example, the adminis- SGT Bowe Bergdahl, a U.S. soldier who 25 minutes. tration was rewriting ObamaCare’s had been captured in 2009. The detain- Mr. REID. For up to 30 minutes. deadlines at will and was making little ees were reportedly senior-level f effort to enforce the Controlled Sub- Taliban commanders. Some had direct stances Act in some States. These links to Al Qaeda, and all were report- ORDER FOR ADJOURNMENT abuses rang like alarm bells—alarm edly determined to be a high risk to Mr. REID. If there is no further busi- bells in the night—even before the so- the United States and were rec- ness to come before the Senate, I ask called year of action began. ommended for continued detention. unanimous consent that it adjourn Indeed, in December of 2013 a liberal Nonetheless, President Obama decided under the previous order, following the law professor testified before the House to free these prisoners from Guanta- remarks of Senator GRASSLEY. Judiciary Committee that ‘‘despite the namo.

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.051 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6160 CONGRESSIONAL RECORD — SENATE November 19, 2014 There was one problem, however: The In short, there didn’t seem to be a branch positions. They were purport- National Defense Authorization Act re- lawful basis for what the President had edly based on the recess appointments quired the administration to notify done. In fact, it seemed plainly illegal. clause. But he took this action even Congress 30 days before any detainee So I took the Department up on its though they weren’t made, in the could be transferred from Guantanamo. offer. In a letter to the Attorney Gen- words of the Constitution, ‘‘during the Under this statute, the notification eral dated June 5, I requested that he recess of the Senate’’ because the Sen- was required to include lots of detailed direct the Office of Legal Counsel to ate was still in session. information about the basis for the make public ‘‘its opinions, analyses, No President in history had ever transfer—why it was in our national se- and conclusions concerning the lawful- tried to make recess appointments curity interests and any actions taken ness’’ of the transfer without compli- when the Senate said it was in session, to prevent detainees from returning to ance with the statute that required but this President once again decided the battlefield. In fact, none of this in- congressional notification. I went on to to go around Congress. formation was provided to the Congress say: In June of this year, the Supreme before these detainees were released, as It is obviously too late for Congress to ex- Court struck down these appointments the very law requires. And perhaps not press its concerns about these transfers in as unconstitutional. It wasn’t a split coincidentally, this was information time to prevent them. However, this measure decision. It wasn’t 5 to 4 along party that Members of Congress and the of transparency will at least allow the Amer- lines. It was unanimous. Every Justice American people were very interested ican people to better understand the Admin- agreed—those appointed by both Re- in learning. There were and still are se- istration’s purported basis for ignoring the legal requirement that Congress be notified publicans and Democrats. That in- rious questions about whether releas- in advance, and shed additional light on this cluded two Justices appointed by Presi- ing these detainees from Guantanamo controversial decision. dent Obama himself. It was the Su- was a good idea. It is now 6 months later, and the At- preme Court’s biggest rebuke to any So the President decided to act torney General hasn’t given me the President since 1974, when it ordered alone, without regard to Congress’s courtesy of a response to my letter. We President Nixon to produce the Water- role in our system of checks and bal- still don’t know how the Department gate tapes. ances and directly contrary to a law justified the release of these detainees. This was a case where the Office of the President had recently signed. Legal Counsel’s opinion didn’t pass the Then the administration began We don’t know the legal basis or the underlying facts that were relied upon. laugh test again. So the Supreme Court changing its story about why it broke unanimously said: President Obama, the law. First, they said it was Ser- That should not be acceptable to anyone, but sadly it has become common- you broke the law. geant Bergdahl’s health that required So this purported year of action has his release—his release without noti- place with the Obama administration. It turns out that to this Justice De- brought into focus a President with lit- fying Congress. Then they said it was partment, assisting me ‘‘to the fullest tle respect for the roles of the coequal operational security surrounding the extent possible’’ is actually indistin- branches of government, unwilling to release itself. Then they said it was the guishable from ignoring my request explain the legal basis for his actions, nature of the negotiations with the completely. and rebuked by the courts and inde- Taliban. Shortly thereafter, in August, the pendent agencies for overstepping his But there was one point administra- Government Accountability Office con- bounds—quite out of character with tion officials were clear about—the De- cluded that the administration acted somebody who proudly says he is a pro- partment of Justice had provided legal illegally when it released these senior- fessor of constitutional law. advice that justified transferring these level Taliban commanders from Guan- Now, again, the President is threat- detainees from Guantanamo without tanamo without notifying Congress, as ening to act unilaterally on immigra- informing Congress as the law re- the law recently signed by the Presi- tion. If we thought this year’s events quired. This was difficult to square dent demanded. so far would have given the President with the limited powers of the Execu- Let’s be clear. That wasn’t a Member pause about his ‘‘go it alone’’ approach, tive established in the Constitution. of Congress reaching that conclusion. apparently we would be wrong. In Youngstown Sheet & Tube Com- It wasn’t a political operative or a Of course one of the reasons I oppose pany v. Sawyer, otherwise known as talking head on television. It was an mass amnesty is because it is bad pol- the steel seizure case, the Supreme independent, nonpartisan government icy. Immigration reform should begin Court set a clear precedent estab- agency. So the GAO effectively said: with securing our borders. Border secu- lishing what a President can and can- President Obama, you broke the law. rity is among the most basic respon- not do. In that case the Supreme Court So perhaps it makes sense that the sibilities of any country and somewhat held that President Truman’s Execu- Department of Justice couldn’t respond the definition of what sovereignty is tive order seizing steel mills to avoid a to my letter. Maybe even the very all about. strike during the Korean war was un- smart lawyers in the Office of Legal But this administration hasn’t done constitutional. In doing so, the Court Counsel couldn’t come up with a jus- that. To the contrary, according to re- emphasized that the Executive isn’t tification for what happened that could cent news reports it has freed alleged above the law as written by Congress. pass the laugh test. kidnappers, rapists, and murderers into The Founders of this Nation entrusted the But that wasn’t the only rebuke the communities in the United States rath- lawmaking powers to the Congress alone in President suffered this year after tram- er than deport them. It has sacrificed both good and bad times. It would do no good to recall the historical events, the fears of pling on Congress’s role under the Con- public safety in order to provide relief power and the hopes for freedom that lay be- stitution. The Supreme Court was for people who are here illegally. hind their choice. Such a review would but forced to rein in President Obama as But the President’s unilateral action confirm our holding that this seizure order well in a dispute over his powers to on immigration isn’t just bad policy, it cannot stand. make recess appointments. is contrary to the rule of law. It is un- Moreover, Justice Jackson empha- Article II, section 2 of the Constitu- constitutional for the executive branch sized that point here: tion provides for only two ways in to nullify or even unilaterally rewrite When the President takes measures incom- which Presidents may appoint certain the immigration laws that the people patible with the expressed or implied will of officers. First, it provides that the of the United States through their Congress, the authority of the President is President nominates and, with the ad- elected representatives have chosen to at its lowest [ebb]. vice and consent of the Senate, ap- enact. Just as the Supreme Court held that points various officers. Second, it per- We have been hearing about the pos- President Truman had unlawfully mits the President to make temporary sibility of an Executive action on im- seized the steel mills, President appointments when a vacancy in one of migration for many months. It will ap- Obama’s release of the Taliban detain- those offices happens when the Senate parently involve steps to allow mil- ees without a required notification ef- is in recess. lions of people illegally present in the fectively rewrote the law contrary to Back in 2012, President Obama made United States to live, work, and collect the will of Congress. four appointments to various executive benefits here.

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.099 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6161 The Democratic leadership wants to forward the law won’t be applied to With his talk now of mass amnesty, compare what is being threatened here them. That is what President Obama is President Obama is threatening to to the Executive actions of past Presi- threatening to do. abandon his constitutional duty. He is dents on immigration, but the actions This shouldn’t only concern constitu- threatening to reassert royal powers of Presidents Reagan and Bush were tional scholars and lawyers. It is no ex- that even the Framers thought were merely tying up loose ends, carrying aggeration to say that the freedom of long abolished. He is threatening to out a law Congress at that time had the American people is at stake. That take our country backward a century just passed. They established policies is what the Framers believed. Listen to before the American Revolution. that were later put in the statute in Federalist Paper 51. James Madison When talking about immigration pol- 1990. President Obama is threatening to wrote that ‘‘separate and distinct exer- icy, the President has acknowledged act directly against the wishes of Con- cise of different powers of government’’ that he isn’t a King, so common sense gress and on a far greater scope and is ‘‘essential to the preservation of lib- tells me he shouldn’t act like one. scale. That is why I and 21 other Sen- erty.’’ During the President’s remaining 2 ators wrote to the President on April 24 Moreover, in the Steel Seizure case I years in office, how should the Senate to express our grave concerns about quoted, Justice Frankfurter warned respond to his illegal Executive action the lawfulness of what was reportedly that ‘‘the accretion of dangerous power on immigration or any other Executive under consideration, and apparently does not come in a day. It does come, abuses? In some cases we can use the our warnings were not heeded. however slowly, from the generative power of the purse to defund them. In Now, if the President acts after re- force of unchecked disregard of the re- other cases we may use our congres- peated calls by congressional leaders strictions that fence in even the most sional oversight tools to expose them. not to do so, it will severely damage disinterested assertion of authority.’’ In still other cases, we may be able to his relationship with the new Congress President Obama’s actions this year pass legislation to do away with them elected by the American people. wreak of unchecked disregard for the completely. These tools have been But the core issue is this: Under our restrictions of his authority. In his re- available to the Senate since President Constitution, the Congress makes the marks after the recent elections, Presi- Obama was elected. It should come as law. Under article II, section 3, the dent Obama repeatedly emphasized no surprise that the Democrats in the President is charged with taking care that his Executive actions would be majority didn’t use them to confront that these laws are faithfully executed. lawful, but, as this year has shown, he his abuses of power. So in the 114th But if President Obama effectively le- has repeatedly acted illegally even Congress, we Republicans intend to use galizes people who are here unlawfully, though the Department of Justice evi- that. no one will be able to reasonably argue dently had assured him otherwise. The The best course of action for the that he is faithfully executing our Office of Legal Counsel doesn’t appear President is this: Learn from President laws. Once again, that doesn’t pass the to be providing independent legal ad- Clinton. He lost control of the Congress laugh test. vice to the President; it is simply 2 years after he became President. He So, like the Government Account- rubberstamping whatever he wants to decided to show leadership and work ability Office and the Supreme Court do. So it is cold comfort for the Presi- with the Congress of the United States. earlier this year, I say: President dent to assure us that anything he will Great things happened with a Repub- Obama, if you take this Executive ac- do is legal. lican Congress and a Democratic Presi- tion on immigration, you will be Let’s go back to the bedrock prin- dent. We had welfare reform. We had 40 breaking the law, and even more than ciples of our country’s Founders. The percent of the people leave the welfare that, you will be violating the Con- Framers of the Constitution knew an rolls. We had tax reform. We had budg- stitution. abusive Executive when they saw one. ets that were balanced and paid down And the President knows this. Just a They sent the Declaration of Independ- $568 billion on the national debt. There few years ago he conceded: ence to a King who had ignored and are things we can do together very This notion that somehow I can just abused their legislatures and laws. The early. change the laws unilaterally is just not true. Framers would also have recognized The President wants patent trolling The fact of the matter is there are laws on the specific kinds of Executive abuses and corporate tax reform. There are a the books that I have to enforce. And I think as reflected in President Obama’s mass lot of things we can work on together. I have been led to believe that the there’s been a great disservice done to the amnesty. They would have referred to cause of getting . . . comprehensive [immi- President is very much a free trade them as the royal suspending and dis- gration] legislation passed by perpetrating person, and I believe he is. We could pensing powers. But George III didn’t the notion that somehow, by myself, I can go pass trade promotion authority. We even try to abuse colonists with these and do these things. It’s just not true. We could work together with the President live in a democracy. We have to pass bills powers. Why? Because Parliament had in the early months of next year and through the legislature, and then I can sign denied them to the King 100 years be- it. we could gain credibility. Under his fore the American Revolution. leadership, we could reform an immi- That is the end of a quote of the You see, the Kings of England had gration system that needs reform. But, President that speaks to exactly what traditionally asserted the power to sus- no, I think the President is going to pend the operation of certain laws or to the responsibilities of a President hap- take another route and retard the co- pen to be and how they should be grant dispensations prospectively ex- operation that is potentially available viewed and how he ought to be acting cusing particular individuals from to him just as it was when President now. The President was right then, compliance. But as deference to the Clinton was President. even if he doesn’t want to live by his King’s authorities eroded, these powers I hope the President will rethink own words now. There are no shortcuts became more controversial. what he wants to do and show the same to following the Constitution. As part of the Glorious Revolution in leadership that President Clinton did Now what we are likely to hear from the late 17th century, these royal pow- so we can get off to a very good start the administration is that this Execu- ers were terminated. The first two arti- next year. tive action is simply a lawful exercise cles in the English Bill of Rights of 1689 I yield the floor. of enforcement discretion. It is not. It made it illegal for the King to exercise f is simply not an exercise of enforce- the ‘‘pretended power of suspending the ment discretion. Lawful enforcement laws and dispensing with the laws.’’ ADJOURNMENT UNTIL 9:30 A.M. discretion is exercised on an individual This happened a century before our TOMORROW case-by-case basis. So whether enforce- own Constitutional Convention. So The PRESIDING OFFICER (Mr. ment action takes place is informed by when the Framers met in Philadelphia, HEINRICH). Under the previous order, a careful evaluation of the facts in a these were abuses long since remedied the Senate stands adjourned until 9:30 particular case as each case presents in England. Instead, the Framers a.m. tomorrow. itself. Lawful enforcement discretion charged the President with the con- Thereupon, the Senate, at 7:11 p.m., isn’t selecting entire categories of indi- stitutional duty to take care that the adjourned until Thursday, November viduals and telling them that going laws are faithfully executed. 20, 2014, at 9:30 a.m.

VerDate Sep 11 2014 06:54 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.102 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6162 CONGRESSIONAL RECORD — SENATE November 19, 2014 NOMINATIONS CONFIRMATIONS JUDITH BETH CEFKIN, OF COLORADO, A CAREER MEM- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- Executive nominations received by Executive nominations confirmed by ISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES the Senate: the Senate November 19, 2014: OF AMERICA TO THE REPUBLIC OF FIJI, AND TO SERVE DEPARTMENT OF TRANSPORTATION DEPARTMENT OF AGRICULTURE CONCURRENTLY AND WITHOUT ADDITIONAL COMPENSA- TION AS AMBASSADOR EXTRAORDINARY AND PLENI- MARK R. ROSEKIND, OF CALIFORNIA, TO BE ADMINIS- JON M. HOLLADAY, OF VIRGINIA, TO BE CHIEF FINAN- POTENTIARY OF THE UNITED STATES OF AMERICA TO TRATOR OF THE NATIONAL HIGHWAY TRAFFIC SAFETY CIAL OFFICER, DEPARTMENT OF AGRICULTURE. THE REPUBLIC OF KIRIBATI, THE REPUBLIC OF NAURU, ADMINISTRATION, VICE DAVID L. STRICKLAND, RE- SIGNED. DEPARTMENT OF STATE THE KINGDOM OF TONGA, AND TUVALU. ROBERT T. YAMATE, OF CALIFORNIA, A CAREER MEM- MAUREEN ELIZABETH CORMACK, OF VIRGINIA, A CA- ELECTION ASSISTANCE COMMISSION BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- REER MEMBER OF THE SENIOR FOREIGN SERVICE, MATTHEW STUART BUTLER, OF OHIO, TO BE A MEMBER CLASS OF MINISTER–COUNSELOR, TO BE AMBASSADOR ISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- OF THE ELECTION ASSISTANCE COMMISSION FOR A EXTRAORDINARY AND PLENIPOTENTIARY OF THE DINARY AND PLENIPOTENTIARY OF THE UNITED STATES TERM EXPIRING DECEMBER 12, 2015, VICE ROSEMARY E. UNITED STATES OF AMERICA TO BOSNIA AND OF AMERICA TO THE REPUBLIC OF MADAGASCAR, AND RODRIGUEZ, TERM EXPIRED. HERZEGOVINA. TO SERVE CONCURRENTLY AND WITHOUT ADDITIONAL ALLAN P. MUSTARD, OF WASHINGTON, A CAREER MEM- COMPENSATION AS AMBASSADOR EXTRAORDINARY AND IN THE AIR FORCE BER OF THE SENIOR FOREIGN SERVICE, CLASS OF CA- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REER MINISTER, TO BE AMBASSADOR EXTRAORDINARY TO THE UNION OF THE COMOROS. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- AND PLENIPOTENTIARY OF THE UNITED STATES OF CATED UNDER TITLE 10, U.S.C., SECTION 624: AMERICA TO TURKMENISTAN. MICHELE JEANNE SISON, OF MARYLAND, A CAREER f To be brigadier general MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF COL. JAMES J. BURKS CAREER MINISTER, TO BE THE DEPUTY REPRESENTA- TIVE OF THE UNITED STATES OF AMERICA TO THE IN THE NAVY UNITED NATIONS, WITH THE RANK AND STATUS OF AM- WITHDRAWAL BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AND THE DEPUTY REPRESENTATIVE OF THE UNITED IN THE UNITED STATES NAVY TO THE GRADE INDICATED Executive message transmitted by STATES OF AMERICA IN THE SECURITY COUNCIL OF THE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND UNITED NATIONS. the President to the Senate on Novem- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MICHELE JEANNE SISON, OF MARYLAND, A CAREER ber 19, 2014 withdrawing from further To be admiral MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MINISTER, TO BE REPRESENTATIVE OF THE Senate consideration the following VICE ADM. SCOTT H. SWIFT UNITED STATES OF AMERICA TO THE SESSIONS OF THE nomination: IN THE ARMY GENERAL ASSEMBLY OF THE UNITED NATIONS, DURING HER TENURE OF SERVICE AS DEPUTY REPRESENTATIVE MYRNA PEREZ, OF TEXAS, TO BE A MEMBER OF THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT OF THE UNITED STATES OF AMERICA TO THE UNITED NA- ELECTION ASSISTANCE COMMISSION FOR A TERM EXPIR- TO THE GRADE INDICATED IN THE UNITED STATES ARMY TIONS. ING DECEMBER 12, 2015, VICE ROSEMARY E. RODRIQUEZ, MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., EARL ROBERT MILLER, OF MICHIGAN, A CAREER MEM- TERM EXPIRED, WHICH WAS SENT TO THE SENATE ON SECTIONS 624 AND 3064: BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- JANUARY 6, 2014. To be lieutenant colonel SELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA JAY E. CLASING TO THE REPUBLIC OF BOTSWANA.

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