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

Vol. 159 WASHINGTON, THURSDAY, NOVEMBER 21, 2013 No. 167 House of Representatives The House met at 9 a.m. and was THE JOURNAL billion into the program for the fees to called to order by the Speaker pro tem- The SPEAKER pro tempore. The address spent nuclear waste. Yet be- pore (Mr. POE of Texas). Chair has examined the Journal of the cause of the President’s party politics, a facility does not exist. f last day’s proceedings and announces to the House his approval thereof. Thankfully, the judicial system sided DESIGNATION OF THE SPEAKER Pursuant to clause 1, rule I, the Jour- with the American people this week PRO TEMPORE nal stands approved. and demanded the Energy Department to stop collecting these fees until a The SPEAKER pro tempore laid be- f path forward is created. Yucca Moun- fore the House the following commu- PLEDGE OF ALLEGIANCE tain is clearly environmentally safe nication from the Speaker: and secure and should be completed. WASHINGTON, DC, The SPEAKER pro tempore. Will the This is great news for the Aiken- November 21, 2013. gentleman from Utah (Mr. BISHOP) Barnwell community and other com- I hereby appoint the Honorable TED POE to come forward and lead the House in the mercial reactor sites across the coun- act as Speaker pro tempore on this day. Pledge of Allegiance. try. The President should abide by the JOHN A. BOEHNER, Mr. BISHOP of Utah led the Pledge of Speaker of the House of Representatives. law. America is a strong Nation be- Allegiance as follows: cause we are a Nation of laws. f I pledge allegiance to the Flag of the In conclusion, God bless our troops, United States of America, and to the Repub- and we will never forget September the PRAYER lic for which it stands, one nation under God, indivisible, with liberty and justice for all. 11th in the global war on terrorism. The Chaplain, the Reverend Patrick I appreciate the community service J. Conroy, offered the following prayer: f of Bill and Anne West. Eternal God, we give You thanks for ANNOUNCEMENT BY THE SPEAKER f giving us another day. PRO TEMPORE We come to the end of a week where REMEMBERING THOSE LOST IN we have given thanks for the heroism The SPEAKER pro tempore. The THE ILLINOIS TORNADO of the brave men who served as code Chair will entertain up to five requests (Mr. QUIGLEY asked and was given talkers during the world wars. They for 1-minute speeches on each side of permission to address the House for 1 answered the call to service of their the aisle. minute and to revise and extend his re- Nation at a time of great danger, and f marks.) we are grateful to them. Mr. QUIGLEY. Mr. Speaker, I rise Now we approach a week during BIG WEEK FOR AMERICA’S today to remember those who trag- which all Americans will gather to re- ENERGY SUPPORTERS ically lost their lives this week in Illi- member who we are: a Nation gener- (Mr. WILSON of South Carolina nois. Last weekend, tornados ripped ously blessed not only by You, our God, asked and was given permission to ad- across my State and six people were but by courageous ancestors, faithful dress the House for 1 minute and to re- killed. allies, and the best good wishes of peo- vise and extend his remarks.) Extreme weather events are sadly be- ple everywhere who long for freedom, Mr. WILSON of South Carolina. Mr. coming the norm across the country; who would glory in the difficult work Speaker, over 25 years ago, Congress 2012 was the second most extreme of participative government, and who legislated Yucca Mountain as our na- weather year to date, with 11 extreme do not enjoy the bounty we are privi- tional repository for nuclear waste. weather events across our country. leged to possess. Sadly, the President discontinued the Last year, Illinois experienced a total Bless the Members of this assembly, project in 2009 solely for political rea- of 113 broken heat records, two broken and us all, that we would be worthy of sons. On Monday, the Nuclear Regu- snow records, 36 broken precipitation the call we have been given as Ameri- latory Commission ordered the Depart- records, and one large wildfire. Clearly, cans. Help us all to be truly thankful ment of Energy to proceed with the re- this year looks to be no different. and appropriately generous in our re- view process. The reality is this: stronger, more de- sponse. This administration has failed to structive storms are pounding our re- May all that is done this day be for produce a clear plan for storing spent gion with distressing regularity and Your greater honor and glory. nuclear fuel, putting the environment with huge costs to our State, our resi- Amen. at risk. South Carolinians have paid $2 dents, and our economy.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Mar 15 2010 00:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A21NO7.000 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7314 CONGRESSIONAL RECORD — HOUSE November 21, 2013 Our task is to aid those devastated minute and to revise and extend his re- new economy in Buffalo, an economy by these events, as well as addressing marks.) marked by new waterfront develop- the underlying cause of their increased Mr. ROKITA. Mr. Speaker, I rise ment and clean-energy manufacturing. severity and frequency—climate today to reflect on the destructive tor- Energy independence and hundreds of change. nados and severe thunderstorms that new jobs in the new economy are re- f struck Indiana and much of the Mid- making Buffalo, New York; and this west this past Sunday. LOSS OF COVERAGE III project should serve as a national On Monday, I had an opportunity to model to grow the economy and for na- (Ms. FOXX asked and was given per- tour areas that sustained some of the tion-building right here at home. mission to address the House for 1 worst damage. Kokomo, Indiana, was f minute.) particularly hard hit, and Logansport, Ms. FOXX. Mr. Speaker, President Lafayette, and Lebanon sustained seri- LOSS OF COVERAGE IV Obama and the Democrats who run ous damage as well. (Mr. WHITFIELD asked and was Washington spent a lot of time telling While Hoosier lives were spared dur- the American people that if they like given permission to address the House ing this, some of our Illinois neighbors for 1 minute and to revise and extend their health care plan, they can keep were not so lucky. All throughout the their health care plan. his remarks.) Midwest, people lost their homes, their So what would they say to the 4 mil- Mr. WHITFIELD. Mr. Speaker, over lion Americans who have had their in- possessions, and in some cases their the last 6 weeks, every Member of Con- surance canceled under ObamaCare? livelihoods as businesses were de- gress has heard from constituents who What would they say to all the folks stroyed. have been very much concerned about who have logged onto our House Re- Some of our communities and neigh- the cancelation of health insurance publican Web site at gop.gov and told bors face a long, painful recovery. I en- policies, primarily because someone us their stories of lost coverage? courage all Hoosiers and Americans to has determined that their health insur- Americans need real solutions, not keep those suffering from the destruc- ance policy is not adequate. the political fix the President proposed tion of these storms in their thoughts We are hearing about higher pre- last week. and prayers. miums, and then we all know about the The House passed our Keep Your As is often the case in our great Na- difficulty of getting on the Web site to Health Plan Act with strong bipartisan tion, tragedy reminds us of the good- select your insurance policy. support. That is a real solution. We ness and generosity of our fellow citi- So there is a lot of confusion out call on the Senate to listen to the zens. In the past, I have seen Hoosiers there, there is a lot of anger out there, American people and support it. step up in tough times to help their and there are a lot of people that are f family, friends, neighbors, and even asking the U.S. Congress to help. complete strangers in a time of need. We want to hear how this ObamaCare U.S. RESPONSE TO TYPHOON While touring Kokomo, I met two HAIYAN is affecting individual Americans from men who had driven all the way up coast to coast. We have developed a (Mr. SWALWELL of California asked from the Indianapolis suburbs just to Web site called gop.gov. We would in- and was given permission to address lend a hand however they could. Shel- vite those people who are experiencing the House for 1 minute and to revise ters had opened. Charitable organiza- difficulty to go on gop.gov, click on and extend his remarks.) tions had swung into action. Neighbors Mr. SWALWELL of California. Mr. ‘‘your story,’’ and tell us explicitly were helping neighbors. what experiences you are having. Speaker, I rise today to offer my con- While the Federal Government may dolences to the people of the Phil- This is very important and we appre- have a role to play in the recovery ef- ciate it. ippines following Typhoon Haiyan, forts, Hoosiers were not sitting around which hit November 8, 2013. waiting for their Federal Government. f I am proud to represent a vibrant Fil- Individuals attacked problems, helped ipino community in the East Bay, and REPUBLICAN 2014 AGENDA their neighbors, and showed great gen- I have heard from many constituents (Mr. CROWLEY asked and was given erosity and resilience. who are concerned about loved ones It makes me proud to be a Hoosier, permission to address the House for 1 overseas. Particularly this weekend, I and I am humbled to represent so many minute and to revise and extend his re- heard from hundreds at St. Anne’s people full of caring, generosity, and marks.) Catholic Church in Union City. resilience. Mr. CROWLEY. Mr. Speaker, earlier The U.S. Government acted swiftly, this week, the Republican leader cir- sending monetary aid, humanitarian f culated his party’s 2014 agenda—their workers, and military personnel. Un- ENERGY INDEPENDENCE AND NEW vision for promoting private sector job fortunately, some people in the most JOBS ARE CREATED IN BUF- growth, expanding the middle class, remote areas are still struggling for FALO, NEW YORK and strengthening our economy; their basic human needs like food, water, (Mr. HIGGINS asked and was given ideas for improving civil rights and and medical supplies. That is why Rep- permission to address the House for 1 bettering our immigration system; resentative JACKIE SPEIER and I are minute.) their path forward for ensuring our circulating a letter to Secretary of De- Mr. HIGGINS. Mr. Speaker, this children and grandchildren inherit a fense Hagel and USAID Administrator morning, New York Governor Andrew better America. Shah, which we plan to send tomorrow Cuomo is in my home neighborhood of Now, I would like to read to the supporting the use of airdrops of food South Buffalo to announce a $225 mil- House and to the American people the and supplies to inaccessible areas. lion redevelopment of a former steel- 2014 agenda by the Republican Party. In an ideal world, aid workers on the Mr. Speaker, I would like to read them ground would distribute supplies to making plant that will bring 850 new jobs to Buffalo. all in the order in which they are pre- those in need, but time is of the es- sented. sence. People are hungry, need medical This project announcement will supplies, and are thirsty right now. transform a 200-acre former Republic f Steel site into a new clean energy and I am committed to making sure the AMERICAN LEGION POST 1170 U.S. is doing everything it can to help research campus that will breathe new the Filipino people as they begin to re- life into a formerly contaminated in- (Mr. SCHNEIDER asked and was build their lives following this horrific dustrial area that is situated along the given permission to address the House storm. Buffalo River and that has been eco- for 1 minute.) Mr. SCHNEIDER. Mr. Speaker, as f nomically dead for the past 30 years. This announcement, along with $75 our Nation prepares for Thanksgiving, INDIANA STORMS million in Federal and private invest- I rise to thank and honor two brothers (Mr. ROKITA asked and was given ments to clean up the Buffalo River from Boy Scout Troop 275 and the com- permission to address the House for 1 and shoreline, is creating a dynamic munity that rallied behind them.

VerDate Mar 15 2010 00:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.003 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 21, 2013 CONGRESSIONAL RECORD — HOUSE H7315 In the suburban Chicago district I As a father myself, I cannot even a point where we are less dependent on represent, the Round Lake Area Amer- fathom the difficulties that the family oil and other products coming from the ican Legion Post 1170 was showing its is going through. But we want you to Middle East. age. It was neither fitting nor proper know, all of us here today, that the life I want to thank MIKE POMPEO, a for the veterans who filled its halls. that has been lived of Franklin Barker member from Kansas, for authoring Renovation was needed, but money was West was important, and is important this important legislation. Although tight in a community hard hit by our to us. we have become the number one pro- economy. f ducer and we have an abundance of One day, Edgar and Erik Garcia de- natural gas today, we still have one NATURAL GAS PIPELINE cided to restore Post 1170. With guid- key problem. To put it simply, we PERMITTING REFORM ACT ance from troop leader Paul Socha and don’t have the necessary pipeline infra- Commander Steven Hall and help from GENERAL LEAVE structure to move natural gas from fellow scouts, Erik and Edgar’s idea Mr. WHITFIELD. Mr. Speaker, I ask where it is produced to where it is neared reality. All they needed were unanimous consent that all Members needed most. supplies. may have 5 legislative days to revise I would like to just illustrate how That is where Home Depot came in. and extend their remarks and to in- some States are being harmed. Accord- Home Depot donated supplies and gift clude extraneous material on H.R. 1900, ing to the Energy Information Admin- cards. They single-handedly covered 90 the Natural Gas Pipeline Permitting istration, in January this year we saw percent of the renovations, but they Reform Act. several States with residential natural contributed far more than simply dol- The SPEAKER pro tempore (Mr. gas prices way above the national aver- lars and cents. Thirty Home Depot em- BISHOP of Utah). Is there objection to age. For example, New Hampshire was ployees helped with the labor. the request of the gentleman from Ken- 30 percent above the national average; I am awed and inspired by Erik and tucky? Massachusetts was 43 percent; Maine, Edgar’s vision and determination. I am There was no objection. 67 percent; and Florida, 68 percent. Un- grateful for Home Depot’s remarkable The SPEAKER pro tempore. Pursu- fortunately, those living in these and generosity, and I am overwhelmed by ant to House Resolution 420 and rule many other States can expect to see the communities’ outpouring of sup- XVIII, the Chair declares the House in higher prices once again this winter, port. the Committee of the Whole House on and this is precisely why we are bring- Our communities in Illinois’ 10th Dis- the state of the Union for the consider- ing to the floor H.R. 1900. trict are close and strong and great be- ation of the bill, H.R. 1900. H.R. 1900 simply would bring cer- cause we care about one another. As we The Chair appoints the gentleman tainty in agency accountability to the approach Thanksgiving, if you ever from Texas (Mr. POE) to preside over natural gas pipeline permitting proc- doubt our greatness, you need only the Committee of the Whole. ess. It would allow natural gas pipe- visit American Legion Post 1170. b 0918 lines to be built in a safe, responsible, and timely manner. It would also make f IN THE COMMITTEE OF THE WHOLE existing natural gas pipelines safer. b 0915 Accordingly, the House resolved During the legislative hearing on itself into the Committee of the Whole H.R. 1900, we heard testimony from in- HONORING THE LIFE OF House on the state of the Union for the FRANKLIN BARKER WEST dustry of a corrosive natural gas pipe- consideration of the bill (H.R. 1900) to line that could not be replaced in a (Mr. SESSIONS asked and was given provide for the timely consideration of timely manner because an agency permission to address the House for 1 all licenses, permits, and approvals re- missed the deadline to issue a permit minute.) quired under Federal law with respect by nearly a year. The American people Mr. SESSIONS. Mr. Speaker, today I to the siting, construction, expansion, demand better than this. am joined by part of our Rules Com- or operation of any natural gas pipe- So as we hear discussion and consider mittee family, members of the Rules line projects, with Mr. POE of Texas in amendments to H.R. 1900, I want to Committee who would like to welcome the chair. thank once again the members of the back to our Nation’s Capital a very The Clerk read the title of the bill. subcommittee, the staff, and Rep- dear friend, Celeste West. Celeste is The SPEAKER pro tempore. Pursu- resentative POMPEO for all the work on part of our Rules Committee family ant to the rule, the bill is considered this important legislation. who retired last July after 25 years of read the first time. I respectfully reserve the balance of service. On Friday, September 6, Ce- The gentleman from Kentucky (Mr. my time. leste tragically and unexpectedly lost WHITFIELD) and the gentleman from Mr. WAXMAN. Mr. Chairman, I yield her only son, Barker, in a car accident. California (Mr. WAXMAN) each will con- myself such time as I may consume. Today would have been Barker’s 19th trol 30 minutes. We are told that the Pompeo bill birthday. The Chair recognizes the gentleman seeks to speed up the approval of inter- We all in the Rules Committee from Kentucky. state natural gas pipelines. In fact, it watched Franklin Barker West as he Mr. WHITFIELD. Mr. Chairman, I would have the opposite effect, delay- grew up. Barker brought a smile to ev- yield myself such time as I may con- ing and disrupting a pipeline approval erybody he met. He was a gregarious sume. process that is working. The non- young man who had an unlimited As chairman of the Subcommittee on partisan Government Accountability amount of energy and zeal with an un- Energy and Power, we have had a num- Office has concluded that the Federal limited future. He was an outstanding ber of hearings over the last year, and Energy Regulatory Commission pipe- young man who believed in himself and we are all quite excited about the addi- line permitting is predictable and con- others. tional production of natural gas and oil sistent and gets pipelines built. The Barker was also a fraternity brother in America. As many people know, we pipeline companies testified that the of mine in the Pi Kappa Alpha frater- now are the number one producer of process is ‘‘generally very good’’ and nity. Barker’s fraternity brothers have natural gas in the world and the num- that the ‘‘sector enjoys a favorable called him a ‘‘legend.’’ As we know, ber one producer of oil in the world. legal and regulatory framework for the lives live on despite us being in other This has come about because of the en- approval of new infrastructure.’’ In places. His spirit is with us today. trepreneurial spirit of the private sec- short, this is a government program In the wake of this tragedy, we are tor and development of these prop- that works well. here today with Celeste and her family, erties on private lands, primarily in H.R. 1900 would disrupt this func- Barker’s father, Frank, and his step- Pennsylvania, North Dakota, and tioning permitting process by arbi- mother, Suellen. We are here to cele- Texas. trarily limiting the time that FERC brate Barker’s short but remarkable So we are all excited about the op- and other agencies have to review pipe- life, a life that was part of our United portunity for energy independence in line applications. When faced with States Capitol family. America and certainly hopeful to reach these time limits, one of two things

VerDate Mar 15 2010 00:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.004 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7316 CONGRESSIONAL RECORD — HOUSE November 21, 2013 will happen. Agencies can conduct in- Corps of Engineers and EPA raised con- FERC testified in front of the Energy adequate environmental reviews and cerns that automatic permitting could and Commerce Committee earlier this rush to approve permits that do not lead to permits that are inconsistent year, the deadlines imposed by H.R. comply with our Nation’s health, safe- with the requirements of the Clean 1900 are reasonable. In fact, FERC ty, and environmental laws. This would Water Act and Clean Air Act, and this asked for a couple of changes in the be a terrible outcome because the pub- could result in harmful water or air legislation, and in each case we made lic won’t be protected and pipeline per- pollution. those changes at their request. mits will be legally vulnerable. Alter- This unworkable bill won’t speed up If, after H.R. 1900 were to become natively, the agencies can deny the pipeline permitting, but it will have law, an agency doesn’t complete its permits when the time limits prevent adverse health, safety, and environ- work, the permit would automatically them from completing legally man- mental impacts, and it will undermine be approved by statute. I have heard dated pipeline reviews, and this would the public’s acceptance of interstate others say this is unprecedented, but be a bad result as well because needed natural gas pipelines going through that is simply not the case. There are pipeline capacity would not get con- their communities. That is why it is numbers of examples all throughout structed. opposed by the Pipeline Safety Trust the Federal code where statutory ap- The career director at the Office of and the public interest environmental provals of environmental permits are Energy Projects at FERC testified that groups, and that is why the administra- deemed approved in the absence of the he didn’t believe that this bill would tion has announced that it would veto agency saying to the contrary. result in faster permitting. He ex- this bill if it ever made it to the Presi- I can’t imagine anyone saying that plained that the bill would actually re- dent’s desk. this legislation is radical or unprece- sult in slower permitting if agencies This is a bad bill. The consequences dented. More importantly, I can’t see had no choice but to deny applications have not been thought through, and I that they could claim that it is unnec- because of the arbitrary deadlines es- urge all Members to oppose the bill. essary. To my left you can see the im- tablished by this bill. I reserve the balance of my time. pact of the absence of natural gas in- With this bill, we will get rushed de- Mr. WHITFIELD. Mr. Chairman, I frastructure all across the country. cisions and more project denials. No yield 4 minutes to the distinguished Frankly, in Kansas, we are in pretty one benefits from that, not even, or es- gentleman from Kansas (Mr. POMPEO), good shape, but on the east coast, here pecially not, the pipeline companies. the author of this bill. in the Northeast where I am standing But the problem with this bill Mr. POMPEO. Mr. Chairman, I thank today, and on the west coast, you see doesn’t end there. The Pompeo bill Chairman WHITFIELD and Chairman enormously high natural gas costs: 24 automatically grants environmental UPTON for helping me work this bill percent above the national average in permits for a pipeline project if an through our committee. It is great to New York; 20 percent above the na- agency does not make a decision on a have it on the floor today. We now tional average in Arizona; 67 percent permit within 90 days of the issuance of have a bipartisan piece of legislation above the national average in Maine; FERC’s environmental analysis. This aimed at making simple, commonsense and 68 percent above the national aver- provision would sacrifice public health reforms to the natural gas pipeline per- age for the cost of natural gas in the and environmental protections in favor mitting process. State of Florida. We are seeing these of an arbitrary deadline. And no one Rather than eliminating environ- prices rise because we don’t have infra- can explain how this provision can ac- mental regulations and permits, H.R. structure development adequate to tually be implemented. 1900 takes a very reasonable approach meet the needs of manufacturers and These permits are detailed docu- by requiring agencies involved in the consumers in these places. ments that include emission limits, permitting of natural gas pipelines, The New York Times, that bastion of technology or operating requirements, simply requesting that they finish conservatism, wrote the following, say- and conditions to ensure the environ- their work in a timely manner. ing that FERC was ‘‘concerned about ment is protected. Agencies need to increasing reliance on natural gas-fuel b 0930 figure out all of these details and then generators at times when there is an actually draft the permits. Complex The legislation builds off reforms increasingly tight availability of pipe- permits might not even be written, but made in the Energy Policy Act of 2005, line capacity to deliver natural gas somehow they would be required to which placed the Federal Energy Regu- from the south and the west to New magically take effect. latory Commission as the lead agency England.’’ In an effort to cobble together a solu- for interstate natural gas pipelines. The Boston Globe, writing about tion to the mystery of how incomplete As we have heard this morning, nat- pipeline projects in New England, said permits could be automatically issued, ural gas is becoming a dominant force that the projects come ‘‘as New Eng- the bill transforms FERC into a in the electricity generation and manu- land struggles to address growing de- ‘‘superpermitting’’ agency. If an agen- facturing sectors. It is critical that mand for natural gas and supply con- cy misses the 90-day deadline, the bill pipeline construction can take place straints created by tight pipeline ca- apparently requires FERC to write and through a modernized permitting proc- pacity. Those constraints have led to issue the permit itself. ess, and that is what this bill aims to shortages and price spikes during the Under this approach, FERC will be do. peak demand periods, such as extended issuing BLM rights-of-way through The current interstate natural gas winter cold snaps, helping to drive the Federal lands. FERC will be figuring pipeline permitting process, estab- region’s already high energy costs even out water discharge limits. FERC will lished in 2005, is already in need of up- higher.’’ be determining which technologies dating because of the enormous shale The New York Times and the Boston should be employed to reduce air pollu- gas boom. H.R. 1900 makes changes to Globe recognize the need for H.R. 1900. tion emissions. FERC will be issuing the interstate natural gas pipeline per- This is not a manufactured crisis or permits to protect wetlands and even mitting process by simply putting in bill in search of a problem. This is a bald eagles. These are jobs that FERC place statutory deadlines for each of real issue with real consequences for doesn’t have the expertise or resources the permitting agencies to complete jobs in America and for average work- to carry out. They are ordinarily con- their work. This is pretty reasonable. ing families all across our country. The ducted by other agencies. But in this We are simply asking agencies to do bill will give certainty to natural gas bill, because of the deadline, FERC will what the law requires them to do. They pipeline developers that invest in be required to take on those respon- can say ‘‘yes’’ to a permit, they can projects which could transport afford- sibilities. deny the permit, but they can’t sit on able energy to consumers all across the There are going to be real environ- it. They have to do their homework. Nation. mental and safety impacts if permits They have to get the job done. I urge my colleagues to vote in favor automatically go into effect without FERC is already the lead agency for of H.R. 1900 and address a very real the responsible agencies completing coordinating environmental review of issue impacting consumers and manu- the necessary analysis. The Army interstate natural gas pipelines, and as facturers all across the country.

VerDate Mar 15 2010 00:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.005 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 21, 2013 CONGRESSIONAL RECORD — HOUSE H7317 Mr. WAXMAN. Mr. Chairman, I yield and unleashing the innovation nec- the natural gas from the drilling site myself 11⁄2 minutes. essary to harness our new energy abun- to the end-users because there is a lack I do that in order to respond to the dance. As energy production grows of pipeline networks. Pipeline compa- concerns that have been raised about across the U.S., building the infra- nies are working 24/7 to remedy this natural gas prices in the Northeast. structure to move these supplies to problem, but they often face procedural This is a real issue. New England is consumers is emerging as the real chal- roadblocks from Federal agencies that using more natural gas to generate lenge of this century. With all of our slow down progress and hamper job cre- electricity and more natural gas for abundance in natural gas, it is simply ation. H.R. 1900 would give production heating homes than in the past. On the unacceptable that there are still re- companies the confidence and cer- coldest winter days, when natural gas gions in the country where lower prices tainty that if they invest the millions is needed for both heating and elec- are being constrained by a lack of pipe- of dollars to drill wells, they will have tricity, there is more demand than can lines because of regulatory delays. a way to get the natural gas to market. be met by the existing pipeline capac- America’s rich natural gas resources This legislation could decide whether ity, and that, of course, can result in should continue fueling both job cre- or not my constituents have a job, but price spikes. ation and economic growth, but we I was disappointed that the administra- This bill does nothing to solve that cannot fulfill that potential unless we tion is opposed to it. From the Presi- problem. The problem in New England ensure businesses and manufacturers dent on down, the administration has isn’t caused by pipeline applications have access to this affordable and reli- acknowledged that hydraulic frac- taking too long to get approved by the able clean energy. turing is environmentally safe. Just Federal Energy Regulatory Commis- I commend Representative POMPEO yesterday, Secretary of State John sion. The problem is that the pipeline for introducing H.R. 1900 as a remedy Kerry mentioned the importance of companies aren’t even submitting the for this problem. natural gas to America. But with their applications because they haven’t fig- The CHAIR. The time of the gen- opposition to this legislation, I guess ured out who will pay for these new tleman has expired. they aren’t really serious about Amer- pipelines. The pipeline companies Mr. WHITFIELD. I yield the gen- ica’s energy independence and energy haven’t been satisfied that there is a tleman an additional 1 minute. future. It seems they would rather Mr. UPTON. Setting enforceable sufficient year-round demand to justify leave Ohio’s natural gas in the ground deadlines to improve natural gas pipe- and finance these pipelines. than let all hardworking Americans line projects will build upon the bipar- That is an issue that FERC is ac- benefit from its production. tisan reforms that we made with our tively looking at and has been holding I urge my colleagues to support this Energy Policy Act of 2005 while pre- stakeholder conferences about. But important job-creating legislation, and serving critical environmental review. this has nothing do with Mr. POMPEO’s I urge the Senate to take it up imme- If other nations, including Canada, bill. Cutting corners on the permitting diately. Australia, and many other EU member process isn’t going to help get addi- Mr. WAXMAN. Mr. Chairman, I yield nations, can hold their agencies to tional pipeline capacity built for the 2 minutes to myself. real, accountable deadlines, it is not Northeast. I don’t think we ought to be Mr. Chairman and my colleagues, I unreasonable to ask ours to do the blaming government for every prob- understand that proponents of this bill same. want a one-size-fits-all Washington, lem. The reality is that FERC and the Congress should be doing everything D.C., solution to the timeframes re- government didn’t create this problem. possible to reduce red tape and delays quired for pipeline reviews. The prob- It is a problem of the economics of it in building safe and efficient natural all, and the faster we understand that, gas pipelines to bring our infrastruc- lem is that there isn’t some magic the faster we can try to find real solu- ture up to modern times to reflect that number of days that works for all pipe- tions. energy abundance. This bill is a very lines in all circumstances. There are 10-mile pipelines far from I reserve the balance of my time. important step in the right direction, population centers that cross no rivers, Mr. WHITFIELD. Mr. Chairman, I and I urge my colleagues to vote ‘‘yes.’’ yield 2 minutes to the gentleman from Mr. WAXMAN. Mr. Speaker, I con- and there are pipelines hundreds of Michigan (Mr. UPTON), the chairman of tinue to reserve the balance of my miles long that cross multiple rivers the Energy and Commerce Committee. time. and run through backyards. These are Mr. UPTON. Mr. Chairman, I rise in Mr. WHITFIELD. Mr. Chairman, I very different projects. It should come support of H.R. 1900, a commonsense, yield 3 minutes to the gentleman from as no surprise that they take different bipartisan bill that is going to help Ohio (Mr. JOHNSON). amounts of time to review. build the architecture of abundance Mr. JOHNSON of Ohio. Mr. Chair- When reviewing a project, FERC that we need to fully realize the bene- man, today I rise in strong support of doesn’t just have to do an environ- fits of our American energy boom. H.R. 1990, the Natural Gas Pipeline mental review. It also has to conduct Until a few years ago, our Nation was Permitting Reform Act, legislation an engineering review. FERC must facing a very critical shortage of nat- that will help bring America closer to evaluate, approve, and in many cases ural gas, and I will remind us that pol- energy independence and security. alter a pipeline’s route to address envi- icymakers in the seventies, eighties, The United States is blessed with ronmental, engineering, and commu- and nineties never envisioned shale God-given natural gas resources that nity concerns. FERC must determine a gas. Today, technological innovations many experts believe exceed the re- pipeline’s tariffs and rates. These are like horizontal drilling and hydraulic serves in places like Saudi Arabia. steps that take time. fracturing have made the U.S. the In eastern and southeastern Ohio, we For longer and more complex pipe- number one gas-producing nation in are blessed with the Marcellus Shale lines, these steps take longer, and they the world. and Utica Shale deposits that are be- should. FERC decides 92 percent of all Our overall energy landscape has ginning to produce never before seen pipeline applications within 12 months. changed dramatically in just a short volumes of natural gas and natural gas Let me repeat that: 92 percent of all period of time. It is not only rewriting liquids. the applications are approved within 12 the economic outlook that we have as This part of rural Ohio, a region of months. a Nation but also beginning to change the country that is often forgotten by The fact that 8 percent of the the geopolitical nature of global en- elected officials in the capital cities of projects take longer isn’t a problem. It ergy, as we have heard from nations Columbus and Washington, D.C., a re- reflects the reality that a small num- around the world seeking access to gion that sorely needs economic ber of projects are more complex and United States supplies to help wean growth, is seeing billions of dollars of impact more people. If you have con- them off of regions like Russia and the private sector investment in domestic stituents in the paths of these proposed Middle East. energy production, and even more is in pipelines, you should want the Federal Today, we face a new challenge: how the planning stages. Energy Regulatory Commission and to overcome government-imposed road- But we have a major challenge to other agencies to protect your con- blocks to building the infrastructure overcome. You see, we can’t always get stituents by completing the necessary

VerDate Mar 15 2010 00:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.007 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7318 CONGRESSIONAL RECORD — HOUSE November 21, 2013 reviews. Your constituents don’t want Ms. CASTOR of Florida. Mr. Chair- that this bill will slow down permit- a one-size-fits-all Washington solution man, I thank Ranking Member WAX- ting. If FERC can’t finish its analysis for all problems that are not the same. MAN for yielding the time. by the required deadline, they may I reserve the balance of my time. Colleagues, we are dealing with a bill have no choice but to deny an applica- Mr. WHITFIELD. Mr. Chairman, I here, H.R. 1900, that relates to the Fed- tion that otherwise could have been yield 3 minutes to the gentleman from eral Energy Regulatory Commission. granted. Illinois (Mr. SHIMKUS). FERC is an independent agency that Now, before I came to Congress, I (Mr. SHIMKUS asked and was given reviews electric transmission lines that practiced environmental law, and what permission to revise and extend his re- go across States, interstate electric I learned during that time is for those marks.) transmission lines. They also review complex projects there is a lot of give Mr. SHIMKUS. Mr. Chairman, I ap- interstate oil pipelines, and they also and take that needs to happen. You plaud my colleague and fellow sub- review the interstate natural gas pipe- have to discuss mitigation. You have committee chairman on Energy and lines. This is a very important subject. to discuss are there any alternatives. Commerce for helping bringing H.R. Now, this bill relates only to the nat- Oftentimes, these business owners, it 1900 to the floor. This legislation will ural gas pipeline authority of FERC. is in their interest to have a little help ensure that the key elements of The country right now is in a natural more time to figure out the right path our critical infrastructure will be im- gas revolution. It has been remarkable. for a pipeline or a transmission line or proved and constructed on a timely and The United States is now a net ex- something like that. You get input predictable basis. This is a goal we all porter of petroleum. This has happened from local governments, local commu- can and should support. very quickly, and FERC has responded nities, neighborhood associations, envi- On a closely related subject, I too very well over time on the expansion of ronmental groups; and you wind up wanted to associate myself with Chair- the natural gas market. That is why it with a better project. man WHITFIELD’s recent statement re- is so confounding as to why we need The CHAIR. The time of the gentle- garding the growing tendency among this new bill that is going to short-cir- woman has expired. certain States to engage in obstruc- cuit FERC’s review power. Mr. WAXMAN. I yield an additional 2 tionist tactics aimed at key infrastruc- Right now, FERC grants over 90 per- minutes to the gentlewoman. ture projects. In some cases, States cent of the interstate natural gas pipe- Ms. CASTOR of Florida. I thank the have even used federally delegated au- lines across the country. This bill real- gentleman. thority to block federally approved ly is an unnecessary piece of legisla- Another serious problem with the bill projects. Let me say again that States tion in search of a problem. In com- is that it transforms FERC into a have used federally delegated author- mittee, the bill was panned by the super-permitting agency. Now that ity to block federally approved FERC professional staff. The adminis- sounds pretty scary, but that is what it projects. tration strongly opposes it. does. b 0945 Instead of expediting expansion of It says that the bill provides for per- The most prominent example is the natural gas pipelines across the coun- mits to automatically go into effect if use of the Clean Water Act to deny oth- try, it would disrupt FERC’s natural an agency does not approve or deny erwise routine permits and approvals. gas permitting process which, right them by the bill’s arbitrary 90-day As my colleague suggested, we have now, is already getting thousands of deadline. So FERC would be issuing legislated on that issue previously, but miles of pipelines permitted in a time- Clean Air Act permits, Clean Water our clear intent in doing so was frus- ly manner, like I said, over 90 percent Act permits, even BLM right-of-way trated in the court system. It may well of the applications. through Federal land permits. be that we may need to address this Instead, the bill establishes arbitrary These are functions that FERC does issue further, and I stand ready to and inflexible deadlines for FERC and not have the expertise or resources to work with my colleague to do so. other agencies to issue permits; and carry out. This is an unworkable provi- In other instances, States have tried there are several major problems with sion that could result in permits being to use their authority under the Coast- the bill, particularly short-circuiting issued that are inconsistent with the al Zone Management Act to impose the permitting process for the most Nation’s environmental laws. consistency requirements on federally complex projects. Finally, I know many people on both approved projects, even when those The bill says we have a 12-month sides of the aisle are very concerned projects have already been found to be deadline, no matter what kind of about eminent domain and when we consistent with the States’ Coastal project is proposed. FERC currently de- give power to government to condemn Management Plan. This is clearly tak- cides 90 percent of the permit applica- lands. Well, here is a reminder for ev- ing a second bite at the apple. tions within that 12-month period; and eryone. We should all remember that The law is abundantly clear that a in July, the Pipeline Trade Association when FERC issues a certificate of pub- State has no authority to review an ex- testified that FERC’s existing permit- lic convenience and necessity, it gives isting project a second time if it under- ting process is generally very good. a pipeline company the power of emi- went a previous consistency review. Second, in addition to this arbitrary nent domain. The power to take some- Only in the event that there is an ap- 12-month deadline for all applications, one’s property should not be conferred plicable program change or a signifi- it would rush environmental reviews without FERC taking the time it needs cant alteration in the nature of the fa- for complex projects. The bill’s rigid for a thorough analysis and thoughtful cility would a State ever be entitled to deadline applies to every pipeline decisionmaking. render a second consistency determina- project, regardless of complexity. So for all of those reasons, I urge op- tion. It doesn’t make sense to apply the position to the bill. For this reason, I see no need to leg- same 12-month deadline to, say, a 30- Mr. WHITFIELD. Mr. Chairman, I islate on that subject at this time, but mile interstate pipeline that doesn’t yield myself such time as I may con- I am well aware that even the clearest cross any rivers, doesn’t have environ- sume. of statutory provisions can sometimes mental concerns, doesn’t go through I might just make one comment. As be distorted by determined States, so I population areas, and then apply the the gentlelady from Florida indicated, will join with my colleague, Chairman same 12-month deadline to the most the Obama administration has indi- WHITFIELD, to keep a watchful eye on complex, multi-state, interstate pipe- cated their opposition to this bill. But this situation. line initiative that goes across environ- I will tell you, we have large groups, Mr. Chairman, once again, I support mentally-sensitive areas, maybe across the National Rural Electric Co-Ops, passage of H.R. 1900. rivers, through highly populated areas. supporting this bill; the Public Power Mr. WAXMAN. Mr. Chairman, I am Third, the bill also will lead to un- Association is supporting this bill. pleased at this time to yield 4 minutes necessary permit denial. What we And the New England Ratepayers As- to the gentlewoman from Florida (Ms. heard from FERC is that, instead of sociation wrote a letter to us saying, CASTOR), a very important member of speeding up the permitting process for currently, New England ratepayers suf- the Energy and Commerce Committee. natural gas pipelines, it is very likely fer from the highest electricity rates of

VerDate Mar 15 2010 00:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.008 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 21, 2013 CONGRESSIONAL RECORD — HOUSE H7319 any region in the country. A signifi- group of support for this legislation, Pipeline projects should be evaluated cant reason for this is the limited ca- from unions, to associations, to Ameri- in a timely fashion; but the imposition pacity of natural gas pipeline which cans that want to keep more of what of a hard, 12-month deadline for all the electricity generators throughout they earn, create more American jobs, projects, regardless of their length or New England rely on. and then, again, stop any egregious fal- complexity, is bad policy. We should So we are trying to respond to the sity that it takes 40 years to build a devote our time to solving problems, needs of people, and we recognize that pipeline. not creating them. the economy has been weak, and there Mr. WAXMAN. Mr. Chairman, I know H.R. 1900 should be rejected. It will are not a lot of pipelines being built of no union supporting this bill, nor do do nothing to improve the pipeline ap- right now, although there is one in my I think the Northeast ratepayers said proval process. in their letter where they expressed home State of Kentucky. b 1000 But we want to set the framework so their concern about the supplies where that when the time comes, these pipe- there is a very cold spell, that they Mr. WHITFIELD. Mr. Chair, may I line companies are able to move and want this bill either. ask how much time remains for both move quickly with adequate protec- I am pleased at this time to yield 3 sides. tions. minutes to the gentleman from New The CHAIR. The gentleman from At this time, I am delighted to yield York (Mr. TONKO), a distinguished sub- Kentucky has 12 minutes remaining, 3 minutes to the gentleman from Cali- committee ranking member on one of and the gentleman from California has 1 fornia (Mr. MCCARTHY), our distin- the energy subcommittees. 12 ⁄2 minutes remaining. guished whip. Mr. TONKO. Mr. Chairman, the bill Mr. WHITFIELD. At this time, I Mr. MCCARTHY of California. I that we are addressing before the yield an additional 3 minutes to the thank my colleague for yielding time House simply does not address the gentleman from Kansas (Mr. POMPEO). to me. problems with pipeline approvals be- Mr. POMPEO. Mr. Chairman, a cou- Mr. Chairman, I rise in support of cause the committee has not identified ple of points are worth noting to make H.R. 1900 and in support of the work any problems with them. sure that everybody understands ex- this Chamber has accomplished this The natural gas pipeline approval actly what we are up against. week. process works well. The Government There has been some suggestion that This was an important week in the Accountability Office’s recent review this is unnecessary, and maybe in the House. We will have passed three bills found that FERC’s consideration of the eyes of some in Washington, some po- that further the energy revolution that vast majority of these projects is com- litical officials, it is unnecessary; but pleted within a year of receiving a has propelled the U.S. to the forefront the people who this matters to—con- complete application. of the world’s energy producers. sumers, manufacturers all across the The network of over 2 million miles So to hear a few of my colleagues on country—know that this is a necessary of gas pipeline spread across this coun- the other side of the aisle disparage piece of legislation. The National Asso- try ensures that natural gas can be de- this work, even so much as refer to it ciation of Manufacturers has said that livered where it is needed. We do have this is something that would be impor- as egregious, is disappointing. some areas where additional infra- First, we passed legislation that re- tant to creating manufacturing jobs for structure is required, but the failure to duced bureaucratic delays on energy families all across the country. The fill those needs is not due to the permit products on Federal lands that are pro- Chamber of Commerce has similarly approval process at FERC. It is due to made this comment. viding resources to power our economy. economic decisions being made by As America, we will soon become the It was earlier stated that some folks those in the private sector. were unaware of union support for this largest energy producer in the world. It We do have some problems with pipe- legislation. I want to make sure that is astonishing that this occurred while lines. Accidents resulting in explosions everyone is fully aware that the Labor- energy production on Federal lands has have severely damaged property and, in ers’ International Union of North actually decreased. some cases, claimed lives. We should be America, the United Association of We guaranteed that energy produc- doing more to prevent these accidents. tion from hydraulic fracturing on Fed- The 10 percent of project approvals Plumbers and Pipefitters, and the oper- eral lands is overseen by the regulator that are not completed within a 1-year ating engineers have all been sup- with the best track record, the States. period are those that are more com- portive of H.R. 1900 and the importance And today we are ensuring that, once plex. They extend for many miles, tra- of energy infrastructure expanding all harnessed, the energy resources will verse densely populated areas, and across our country. reach end-users in the safest, most effi- cross sensitive or valuable resources Finally, there has been this idea that cient and reliable manner. such as farm lands or water bodies. FERC approves 90 percent of the per- In its lifecycle, the quality of all A project with these characteristics mits. It has been repeated time and Americans improves; and there is no may need more than 1 year to ensure time again. It is just factually incom- better example than, at the start of that the pipeline that is ultimately plete. It is like, if you like your health this month, November 1, the first pipe- constructed is not going to place peo- insurance plan, you can keep it. Tech- line to enter New York City in 40 years ple, their communities, other busi- nically perhaps true in the most nar- opened. That was 40 years that it took. nesses or valuable resources at risk. row sense, but in reality, it is not the What happened once it entered New Whenever a regulatory agency is case that the Federal Energy Regu- York City? The price dropped. The poised to act under the law to defend latory Commission approves 90 percent price fell by 17 percent. Do you realize the health and safety of our citizens, of all permits or that they are all ap- if you buy gas in New York City, it is there is a hue and cry about the neces- proved. FERC is but one of many, cheaper than in Louisiana? But 40 sity of doing extensive analyses of all many agencies that has the authority years that it took. To me, that was aspects of the proposed regulation to to approve and deny permits. So this 90 egregious. determine its potential impact on busi- percent number that continues to be The savings extend far beyond New nesses and the economy. thrown around is just false. We don’t York City. In 2012, affordable energy Many of these analyses take years have 90 percent of all folks seeking to added $1,200 of disposal income to the and delay commonsense protections build pipelines being able to build average U.S. household. That will go to that will, indeed, save thousands of our those pipelines in a timely fashion. $2,700 by 2020 and $3,500 by 2025. That is citizens from illnesses or death. They are being delayed. real savings. Apparently, protecting public health There is real demand for this. There Today we have an opportunity. We or the environment can wait, but the is demand from the New England Rate- have an opportunity to streamline, to oil and gas companies cannot. payers Association. There is demand in protect, and to lower the costs for all We need energy, but we need other States like Florida, where the natural Americans, to actually be able to things also. FERC’s process weighs all gas rates are 60 percent higher than the produce and create more jobs in Amer- these considerations before approving national average. This is a real need. ica. That is why you see a very diverse pipelines, and that is how it should be. This is a real challenge.

VerDate Mar 15 2010 00:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.010 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7320 CONGRESSIONAL RECORD — HOUSE November 21, 2013 And if we do this, if we get H.R. 1900 lessly put at risk the well-being of the I yield back the balance of my time. passed, all we are simply saying is do people and environment where natural Mr. SHUSTER. Mr. Chairman, I rise today in your job. Finish the process. If you de- gas pipelines are built while making it support of H.R. 1900, the Natural Gas Pipeline cide that the permit shouldn’t be built, easier for pipeline companies to use Permitting Reform Act. In my state of Pennsyl- any of these agencies can deny that Federal eminent domain authority to vania, the Marcellus Shale boom has reinvigo- permit being built. That seems fine. We take private land without a thorough rated our economy and created thousands of are not denying any agency the capac- review.’’ jobs. American energy production is booming, ity to deny a permit. But do the work. This is going to allow eminent do- and we need the infrastructure to keep up with Tell these folks that, No, you are not main authority by a private company demand and transport the gas from well to going to get it, and then allow the to take away people’s land. Is that market. process to move forward. something that Members of Congress I have seen in my own state the frustration These unions, these associations, want to vote for, your constituents’ and delays in getting gas from well to market these real hardworking families need land could be seized by a private com- due to unnecessarily long permitting proc- natural gas at an affordable price to be pany when there had not been a thor- esses. These delays keep gas from flowing, delivered to them, and H.R. 1900 will ough review that would allow this kind hold up royalty payments to my constituents, help achieve that objective. of power over private property? That and prevent tax revenue from making it into Mr. WAXMAN. Mr. Chairman, I yield shouldn’t be the result of a rushed, in- the state and local coffers. While we must ensure that pipelines are myself 2 minutes. complete process. We wouldn’t want a constructed safely, many times these delays Mr. Chairman and my colleagues, we rushed, incomplete process of taking have nothing to do with safety and everything are not arguing whether we should away liberty. We shouldn’t allow a to do with politics. We’ve seen President have an infrastructure of pipelines to rushed, incomplete process to take Obama and the EPA do everything they can take natural gas from one place to an- away private property. to delay natural gas production and destroy other. That is not the issue. And that The Pipeline Safety Trust also ex- the energy industry in this country in order to is a false premise that, for some rea- plains that ‘‘rushed or incomplete re- appease the radical environmentalist left. son, that may be an area of disagree- views resulting in automatic approvals We must not allow this to happen. Congress ment. It is not. pose a threat to public safety and the must take action to ensure that our domestic The area of disagreement is whether, environment,’’ and they characterize energy production thrives and the United in letting a pipeline be built, we are the bill’s transformation of FERC into States can be energy independent. The Nat- going to shortchange the ability of the a ‘‘superpermitting’’ agency that issues ural gas Pipeline Permitting Reform Act will agencies to review the pipeline. And if other agencies’ permits as ‘‘bizarre.’’ expedites the federal review process for appli- we do that, there may not be time to And they are right that it ‘‘effectively cations for natural gas pipeline certificates, al- look at BLM issues or safe water issues places control over key environment lowing us to build this much needed infrastruc- or clean air issues because FERC will and public health statutes in the hands ture efficiently and safely. be told, if you don’t do your job within of an agency primarily tasked with I support passage of H.R. 1900 and urge a certain period of time, this permit is regulating the economics of natural my colleagues to do the same. going to be approved, and these other gas and electricity.’’ They don’t have Ms. JACKSON LEE. Mr. Chairman, I rise in agencies aren’t going to have time to the expertise, they don’t have the per- opposition to H.R. 1900, the ‘‘Natural Gas do any review. sonnel, they don’t have the budget, and Pipeline Permitting Act.’’ Well, FERC doesn’t have the ability now we are giving them that kind of a Mr. Chairman, as I have stated this week as to do other agencies’ jobs; and those job. this House has debated the other energy bills, other agencies ought to be able to do And the last quote I have is from the I am not anti-energy exploration. I am not pro- their job, and FERC should do its job natural gas pipeline industry. Now, I or anti-fracking. I am, however, strongly ‘‘pro- in a timely manner. But ‘‘a timely realize the industry would always like jobs,’’ ‘‘pro-economic growth,’’ and ‘‘pro-sus- manner’’ doesn’t mean a certain the permitting to go faster, but the in- tainable environment.’’ amount of time and no more—not an- dustry told us over and over that the As a Member of Congress from Houston I other month, not another 2 months, existing process works well. In May, have always been mindful of the importance not another 3 months. the CEO of Dominion Energy testified of, and have strongly advocated for, national I want to close by sharing some of on behalf of the pipeline companies. He energy policies that will make our nation en- the comments made by others. The told the Subcommittee on Energy and ergy independent, preserve and create jobs, White House said they will veto this Power, ‘‘The interstate natural gas and keep our nation’s economy strong. bill. The President and his administra- pipeline sector enjoys a favorable legal That is why I carefully consider each energy tion are against it. They say the bill and regulatory framework for the ap- legislative proposal brought to the floor on its provides for the automatic approval of proval of new infrastructure,’’ and his individual merits and support them when they natural gas pipeline permits if applica- conclusion was that ‘‘the natural gas are sound, balanced, fair, and promote the na- tions are not decided within ‘‘rigid, un- model works.’’ tional interest. workable time frames.’’ The adminis- Conservatives used to say, if it Where they fall short, I believe in working tration also notes that the bill could works, don’t fix it, and yet they want across the aisle to improve them if possible by cause confusion and increase litigation to fix it with a lot of uncertain results, offering constructive amendments. Although I believe the nation would benefit risk, and further, the bill ‘‘may actu- perhaps unintended consequences. Mr. by increased pipeline capacity to transport our ally delay projects or lead to more Chairman, this bill would cause a lot of abundant supplies of natural gas, the legisla- project denials, undermining the intent problems without speeding up the per- tion before contains several provisions that are mitting process, which is currently of the legislation.’’ of great concern to me. The CHAIR. The time of the gen- getting thousands of miles of new pipe- Pursuant to Section 2, paragraph (4) of the tleman has expired. line built in a timely manner. I urge bill, a permit or license for a natural gas pipe- Mr. WAXMAN. I yield myself such my colleagues to oppose this bill. line project is ‘‘deemed’’ approved if the Fed- time as I may consume. I yield back the balance of my time. eral Regulatory Energy Commission (FERC) Mr. WHITFIELD. In my concluding Let’s say they needed a couple more or other federal agencies do not issue the per- remarks, I would simply say that this months but that 12-month period is mit or license within 90–120 days. right there. Well, they will either have act is commonsense reform aimed at I have three concerns with this regulatory to approve it without those extra few providing greater certainty for inter- scheme. months of review or deny it, which state natural gas pipeline projects at a First, as a senior member of the Committee could mean longer periods of time be- time when we see great revitalization on the Judiciary, I have a problem with fore the pipeline is approved. It is in the production of natural gas. We ‘‘deeming’’ something done that has not been counter to what the proponents say have an opportunity to export some done in fact. that they expect. natural gas, we have the opportunity Thus, the provision is unwise. The Pipeline Safety Trust and other to help lower electricity rates, and I Second, the provision is unnecessary be- public interest organizations said would urge all the Members to support cause FERC has, since fiscal year 2009, com- about this bill: ‘‘H.R. 1900 will need- H.R. 1900. pleted action on 92 percent (504 out of 548)

VerDate Mar 15 2010 00:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00008 Fmt 7634 Sfmt 9920 E:\CR\FM\K21NO7.011 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 21, 2013 CONGRESSIONAL RECORD — HOUSE H7321 of all pipeline applications that it has received The Appropriators go on to state that: ‘‘The Public Health will lose about $1,146,000 re- within one year of receipt. And the remaining American people deserve a detailed budget sulting in around 28,600 fewer HIV tests. 8% of decisions that have taken longer than blueprint that makes rational and intelligent Mr. Chairman, I join with Chairman ROGERS one year involve complex proposals that merit choices on funding by their elected represent- and the Subcommittee chairs in calling upon additional review and consideration. atives, not by a meat ax.’’ the Budget conference ‘‘to reach an agree- Mr. Chairman, the process may not be per- Mr. Chairman, I could not agree more with ment on the FY 2014 and 2015 spending caps fect or as quick as we would like but it is Chairman ROGERS and the Subcommittee as soon as possible to allow the appropria- working well and administered by hardworking chairs. tions process to move forward to completion individuals who carefully and meticulously con- Sequestration is bad fiscal policy. It results by the January 15 expiration of the current sider permits and license applications for nat- in unwanted and unintended legislative con- short-term Continuing Resolution.’’ ural gas pipelines on a case-by-case basis— sequences. It is bad for the economy. It is un- I agree with them that if an agreement is not as they should. fair to the American people and they know it. reached and sequestration remains in place, The approval process for a pipeline is not According to an analysis conducted by Re- ‘‘the likely alternatives could have extremely like deciding to grow a garden in the backyard gional Economic Models, Inc. and Third Way, damaging repercussions.’’ of your home—given the inherently dangerous the damage to the economy caused by se- Mr. Chairman, the bill before us compounds nature of the activity, the review and approval questration is substantial. the damage already being done by sequestra- process takes time and requires careful atten- Sequestration has cost the United States tion. It is for this reason that I urge all Mem- tion—as it should be. $179.4 billion in lost economic activity and bers to join me in voting against H.R. 1900 as In short, the bill before us is a remedy in more than 1.88 million jobs, which means the an unwise, unnecessary, and irresponsible search of a problem. There is no lengthy or in- economy grew by ¥1.04% less than it would measure. tolerable backlog of neglected natural gas have otherwise. Mr. VAN HOLLEN. Mr. Speaker, I rise in op- pipeline projects awaiting action by FERC. The corresponding figures for my home position to H.R. 1900, which would place new, Third, the provision is irresponsible because state of Texas are $15.2 billion in lost eco- arbitrary deadlines on the pipeline permitting it would require FERC and other agencies to nomic activity and 153,541 jobs. process at the Federal Energy Regulatory make decisions based on incomplete informa- The human toll of the sequestration is even Commission (FERC) and related agencies. tion or information that may not be available greater. H.R. 1900 attempts to solve a problem that within the stringent deadlines, and to deny ap- Texas, for example, will lose approximately simply doesn’t exist. The Government Ac- plications that otherwise would have been ap- $67.8 million for primary and secondary edu- countability Office has given FERC’s permit- proved, but for lack of sufficient review time. cation, putting around 930 teacher and aide ting process good marks, saying that it is pre- Compounding the problem is that the fact jobs at risk. dictable and consistent for applicants. Under that FERC, like virtually every federal agency, In addition about 172,000 fewer students this bill, FERC would have a year to consider is operating under the onerous and draconian would be served and approximately 280 fewer any project, no matter how many miles it may provisions of the disastrous sequestration schools would receive funding. cover or how complex it may be. Other agen- which has caused so much misery and disrup- Texas will lose approximately $51 million for cies, like the Army Corps of Engineers, the tion across the nation and to our economy. about 620 teachers, aides, and staff who help Bureau of Land Management, and the Fish FERC, for example, with a budget of $306 children with disabilities. and Wildlife Service, would have to issue deci- million faces a $15 million reduction in spend- Head Start and Early Head Start services sions on licenses or permits related to the ing authority this fiscal year, according to would be eliminated for approximately 4,800 project within 90 days of FERC’s issuance of OMB. That sum amounts to 5% of FERC’s children in Texas, reducing access to critical its final environmental document, even if the budget. early education. project applicant does not actually apply for a So the likely impact of this bill if passed is Approximately 52,000 civilian Department of permit or submit the required information with- to put FERC in the position of having to work Defense employees in Texas may be fur- in that time frame. If the agency failed to meet faster to issue decisions with fewer experi- loughed, reducing gross pay by around $274.8 this deadline, the permit or license would be enced employees and a reduction in re- million in total. ‘‘deemed approved’’ and FERC would be per- sources. Texas will lose about $1,103,000 in Justice mitted to overrule any conditions the agency Thus, because of sequestration the legisla- Assistance Grants that support law enforce- requests. tion would achieve the opposite effect in- ment, prosecution and courts, crime preven- By needlessly short-circuiting the review tended by proponents. tion and education, corrections and community process, this bill jeopardizes the environment In other words, fewer projects would be ap- corrections, drug treatment and enforcement, and public health. While we all support timely proved, not more. and crime victim and witness initiatives. review, we should provide adequate time for Mr. Chairman, given the inherent dangers More than 83,000 fewer Texans will get the analysis of complex projects. A one-size-fits-all involved in the construction and operation of a help and skills they need to find employment process with arbitrary deadlines prevents fed- natural gas pipeline, does anyone doubt that because Texas will lose about $2,263,000 for eral agencies from doing their job to protect were this bill to become law FERC will be job search assistance, referral, and placement, taxpayers and communities. I urge a no vote. more likely to err on the side of caution and meaning. Mr. BLUMENAUER. Mr. Speaker, ninety deny applications that may otherwise have Up to 2300 disadvantaged and vulnerable percent of pipeline projects are approved by been approved if it had more time and more children could lose access to child care, which the Federal Energy Regulatory Commission resources to carry out its responsibilities? is also essential for working parents to hold within twelve months; the other ten percent Mr. Chairman, we should not take that down a job. take longer because they are bigger and more chance. An amendment I offered, and which Because of sequestration, 9,730 fewer chil- complicated projects. The Natural Gas Pipe- was made in order by the Rules Committee, dren in Texas will receive vaccines for dis- line Trade Association said in July 2013 that avoids this outcome by conditioning the effec- eases such as measles, mumps, rubella, tet- FERC’s existing permitting process is ‘‘gen- tive date of this bill upon the termination of se- anus, whooping cough, influenza, and Hepa- erally very good.’’ questration. titis B due to reduced funding for vaccinations. By creating a rushed application process Mr. Chairman, I am not alone in recognizing Texas could lose up to $543,000 to provide and limiting the ability of other agents to pro- how detrimental sequestration has been to our services to victims of domestic violence, re- vide commentary to FERC, the H.R. 1900 lim- fiscal policy and to the economy. sulting in up to 2,100 fewer victims being its FERC’s ability to understand the impacts of Earlier this week, the Chairman of the Ap- served. a pipeline on a local community, the public’s propriations Committee, joined by the 12 Sub- Texas will lose approximately $2,402,000 to health, our national infrastructure, and our en- committee chairs, wrote a letter to the Budget help upgrade its ability to respond to public vironment. These are serious decisions about Conferees in which they call upon the Budget health threats including infectious diseases, our local communities—they deserve thought- conference to reach an agreement as soon as natural disasters, and biological, chemical, nu- ful and comprehensive analysis. H.R. 1900 possible because among other things: ‘‘the clear, and radiological events. takes something that is not a problem, and current sequester and the upcoming ’Second In addition, Texas will lose about creates one. Sequester’ in January would result in more in- $6,750,000 in grants to help prevent and treat I oppose this legislation and urge my col- discriminate across the board reductions that substance abuse, resulting in around 2,800 leagues to do the same. could have negative consequences on criti- fewer admissions to substance abuse pro- The CHAIR. All time for general de- cally important federal programs’’. grams. And the Texas State Department of bate has expired.

VerDate Mar 15 2010 01:08 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A21NO7.002 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7322 CONGRESSIONAL RECORD — HOUSE November 21, 2013 Pursuant to the rule, the bill shall be be considered as read, shall be debat- less carbon dioxide than coal or oil considered for amendment under the 5- able for the time specified in the report when burned, the development and minute rule. equally divided and controlled by the transportation of natural gas results in In lieu of the amendment in the na- proponent and an opponent, shall not releases of methane, which is a potent ture of a substitute recommended by be subject to amendment, and shall not greenhouse gas 25 times more dam- the Committee on Energy and Com- be subject to a demand for division of aging to the climate than carbon diox- merce, printed in the bill, it shall be in the question. ide. This is a serious concern. order to consider as an original bill for AMENDMENT NO. 1 OFFERED BY MR. TONKO According to a study by the World Resources Institute, leaks from natural the purpose of amendment under the 5- The CHAIR. It is now in order to con- gas systems ‘‘represent a significant minute rule an amendment in the na- sider amendment No. 1 printed in source of global warming pollution in ture of a substitute consisting of the House Report 113–272. the U.S.’’ The study further found that text of Rules Committee Print 113–25. Mr. TONKO. Mr. Chair, I have an methane leaks occur at every stage of That amendment in the nature of a amendment at the desk. the natural gas life cycle—at the well- substitute shall be considered as read. The CHAIR. The Clerk will designate The text of the amendment in the na- head, from compression facilities, and the amendment. from pipelines. These fugitive methane ture of a substitute is as follows: The text of the amendment is as fol- H.R. 1900 emissions can reduce or even negate lows: the net climate benefits of using nat- Be it enacted by the Senate and House of Rep- In the quoted subsection (i)(1), insert ‘‘For resentatives of the United States of America in ural gas as a substitute for coal and purposes of the deadline established in this oil. Congress assembled, paragraph, an application shall not be con- SECTION 1. SHORT TITLE. The good news is that we can reduce sidered complete unless the application in- methane emissions by applying proven, This Act may be cited as the ‘‘Natural Gas cludes sufficient information to demonstrate Pipeline Permitting Reform Act’’. that the pipeline project will utilize avail- cost-effective technologies throughout SEC. 2. REGULATORY APPROVAL OF NATURAL able designs, systems, and practices to mini- the natural gas system. My amend- GAS PIPELINE PROJECTS. mize methane emissions to the extent prac- ment will ensure that new pipelines in- Section 7 of the Natural Gas Act (15 U.S.C. ticable.’’ after ‘‘by regulation.’’. corporate designs, systems, and prac- 717f) is amended by adding at the end the fol- The CHAIR. Pursuant to House Reso- tices that minimize leaks, thereby con- lowing new subsection: serving gas and reducing pollution. We ‘‘(i)(1) The Commission shall approve or deny lution 420, the gentleman from New York (Mr. TONKO) and a Member op- will still need to address problems with an application for a certificate of public conven- existing infrastructure and other ience and necessity for a prefiled project not posed each will control 5 minutes. later than 12 months after receiving a complete The Chair recognizes the gentleman sources within the natural gas system, application that is ready to be processed, as de- from New York. but this would be a very important fined by the Commission by regulation. Mr. TONKO. Mr. Chairman, H.R. 1900 start. It is precisely what we should ex- ‘‘(2) The agency responsible for issuing any li- attempts to solve a problem that sim- pect and require of energy infrastruc- cense, permit, or approval required under Fed- ture that will be around for decades. ply doesn’t exist. eral law in connection with a prefiled project for By including this requirement in the The bill seeks to change FERC’s which a certificate of public convenience and law, the applicants are informed before necessity is sought under this Act shall approve process even though the pipeline com- they begin their application of the re- or deny the issuance of the license, permit, or panies have testified that the permit- quirement for this information and approval not later than 90 days after the Com- ting process is ‘‘generally very good.’’ would have ample time to include it in mission issues its final environmental document Thousands of miles of natural gas pipe- relating to the project. permit applications. Encouraging the lines are being approved under the cur- prevention and monitoring of leaks ‘‘(3) The Commission may extend the time pe- rent system. We have real energy chal- riod under paragraph (2) by 30 days if an agen- would have the added benefit of in- cy demonstrates that it cannot otherwise com- lenges in this country and should be creasing pipeline safety. plete the process required to approve or deny the seeking real solutions to these chal- The language does not require an ap- license, permit, or approval, and therefor will be lenges, not spending our time on prob- plicant to wait for the development of compelled to deny the license, permit, or ap- lems that don’t exist. something new. These technologies proval. In granting an extension under this My amendment addresses a real prob- exist today and only need to be applied paragraph, the Commission may offer technical lem—the dangers of climate change ‘‘to the extent applicable.’’ This makes assistance to the agency as necessary to address and the contributions of natural gas in- both economic and environmental conditions preventing the completion of the re- frastructure to this growing threat— view of the application for the license, permit, sense. By reducing pipeline leaks, the or approval. and it prevents waste by ensuring that amendment ensures that more of our ‘‘(4) If an agency described in paragraph (2) we use it and don’t lose it. domestic energy resources will be used does not approve or deny the issuance of the li- Climate change is the most urgent and fewer of these resources will be cense, permit, or approval within the time period energy challenge that we face today. If wasted. specified under paragraph (2) or (3), as applica- the global average temperature con- b 1015 ble, such license, permit, or approval shall take tinues to increase, we will face even effect upon the expiration of 30 days after the more serious impacts, including flood- The amendment doesn’t fix the core end of such period. The Commission shall incor- ing of coastal cities, increased risks to problems with H.R. 1900, including the porate into the terms of such license, permit, or bill’s arbitrary and harmful deadlines, approval any conditions proffered by the agency our food supply, unprecedented heat waves, exacerbated water scarcity in but it does ensure that the bill address- described in paragraph (2) that the Commission es an energy problem that actually ex- does not find are inconsistent with the final en- many regions, increased frequency of ists. vironmental document. high-intensity tropical cyclones such If we are going to revisit the law gov- ‘‘(5) For purposes of this subsection, the term as Hurricane Sandy and the recent erning the permitting of natural gas ‘prefiled project’ means a project for the siting, supertyphoon in the Philippines, and pipelines, this is the kind of common- construction, expansion, or operation of a nat- an irreversible loss of plants and ani- ural gas pipeline with respect to which a pre- sense step that we should be dis- mals that share this planet with us. filing docket number has been assigned by the cussing. Commission pursuant to a prefiling process es- Our behavior is driving these With that, I urge my colleagues to tablished by the Commission for the purpose of changes. We must take responsibility support this amendment, and I yield facilitating the formal application process for for the situation and work to halt it. back the balance of my time. obtaining a certificate of public convenience We should not leave this task to our Mr. POMPEO. Mr. Chairman, I rise in and necessity.’’. children and grandchildren and con- opposition to the amendment. The CHAIR. No amendment to that demn them to a more uncertain and The CHAIR. The gentleman from amendment in the nature of a sub- unsafe world. Kansas is recognized for 5 minutes. stitute shall be in order except those Many hope that natural gas, or meth- Mr. POMPEO. Mr. Chairman, the printed in House Report 113–272. Each ane, will serve as a critical bridge fuel EPA already asserts that it has author- such amendment may be offered only as we work to reduce our carbon pollu- ity to regulate greenhouse gas emis- in the order printed in the report, by a tion, but natural gas poses its own sions—and methane is defined as a Member designated in the report, shall challenges. Although natural gas emits greenhouse gas.

VerDate Mar 15 2010 00:39 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.012 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 21, 2013 CONGRESSIONAL RECORD — HOUSE H7323 The EPA’s New Source Performance This permitting provision broadly ap- result in permits being issued that are Standards capture GHG emissions plies to the Clean Air Act, the Clean inconsistent with the requirements of above a certain threshold. Permits are Water Act, the Endangered Species the Nation’s environmental laws. That already required for facilities whose Act, the Coastal Zone Management is why the Pipeline Safety Trust and emissions are anticipated to be above Act, and rights-of-way through Federal numerous environmental organizations that threshold. The EPA’s permitting lands. strongly oppose the bill. process should be the forum for this de- It simply goes too far, is completely The Army Corps of Engineers and cisionmaking. unreasonable, and it runs counter to EPA also express concern that auto- FERC’s primary role, rather, should the author’s intent. The intent of the matic permitting could lead to permits be as an economic regulator—the same author is to speed the approval of that do not meet the requirements of way that it is today, and the same way interstate natural gas pipelines. In- the Clean Water Act and the Clean Air it would be after H.R. 1900 would be- stead, what this provision will do, if Act. This could result in harmful water come law. It would want to defer envi- my amendment is not adopted, is cre- pollution and air pollution. ronmental matters like this to the ap- ate greater delays and, I believe, great- So in addition to delays, lawsuits, propriate agency, which would be the er likelihood of litigation that will and environmental harm, automati- EPA. delay our important natural gas infra- cally issuing permits without an agen- The amendment is structured such structure in this country. cy confirming the legal requirements is that the determination would have to So my amendment is straight- going to undermine the public’s accept- be made before the NEPA analysis forward. It simply strikes this provi- ance of interstate natural gas pipelines would begin. In other words, when the sion that requires FERC to automati- going through our communities. That FERC ‘‘complete’’ application is filed cally issue other agencies’ permits. is the last thing you want to happen. and FERC is put into the role of deter- You heard Mr. WAXMAN say—and I We are undergoing a national gas mining methane ‘‘best practices’’ rath- said the same thing—that what this revolution in this country that, gen- er than EPA. This puts the cart before bill does is turns FERC, whose jurisdic- erally, is very positive. So why would the horse. Such decisions on methane tion is limited to reviewing interstate you try to pass this bill that would emissions should be made as part of the electric transmission lines, natural gas lead to greater litigation delays, uncer- EPA permitting process. pipelines, and oil pipelines, into a tainty, and that the industry itself Regarding methane emissions in gen- superpermitting agency. It goes and says may not be necessary? eral, the industry has every incentive grabs EPA’s jurisdiction and authority, Agencies should act expeditiously on to control methane leaks. Escaping the Interior Department’s, the Army pipeline applications, but they also methane is escaping product—some- Corps of Engineers’, and other agen- need time to conduct the necessary en- thing they do not want to happen. That cies’, and settles into FERC this super- vironmental and safety reviews. In means losses for their businesses. permitting authority that really is This amendment would add unneces- some cases, it will take longer than a completely unreasonable. 90- or 120-day environmental review. sary requirements to a problem that is Right now, these permits are typi- already being addressed. I urge my col- Some of these pipelines are very com- cally detailed documents that include plex and they go over hundreds of miles leagues to vote ‘‘no’’ on the Tonko safety requirements, emission limits, amendment, and I yield back the bal- through environmentally, sensitive technology and operator requirements, areas. People need time and the busi- ance of my time. and conditions to ensure that commu- The CHAIR. The question is on the nesses need time to work through the nities are protected and the water, wet- amendment offered by the gentleman conditions. lands, and other environmental re- from New York (Mr. TONKO). So we should not sacrifice these pro- The question was taken; and the sources are considered, especially when tections when the pipeline permitting Chair announced that the noes ap- you have a complex interstate natural process is already working well, nor peared to have it. gas pipeline coming through your com- should we take critical health, safety, Mr. TONKO. Mr. Chairman, I demand munities. and environmental functions away a recorded vote. Agencies need the ability and time to from the agencies. The CHAIR. Pursuant to clause 6 of analyze all of these details and then My amendment doesn’t fix all the rule XVIII, further proceedings on the draft appropriate permit conditions to problems, but it eliminates an unwork- amendment offered by the gentleman protect our communities back home, able provision. If you do not want to from New York will be postponed. protect the health and safety, protect complicate the interstate natural gas AMENDMENT NO. 2 OFFERED BY MS. CASTOR OF landowner rights, and propose cleanup pipeline process that the industry says FLORIDA requirements in case there is an acci- is generally very good, then I urge you The CHAIR. It is now in order to con- dent. to support my amendment. sider amendment No. 2 printed in Under H.R. 1900, FERC acts as a I yield back the balance of my time. House Report 113–272. superpermitting agency. If an agency Mr. POMPEO. Mr. Chairman, I rise in Ms. CASTOR of Florida. Mr. Chair- cannot meet the strict deadlines, FERC opposition to the amendment from the man, I have an amendment at the desk. apparently will write and issue the per- gentlewoman from Florida (Ms. CAS- The CHAIR. The Clerk will designate mit itself. This is a recipe for natural TOR). the amendment. gas pipeline delays, and that is why so The CHAIR. The gentleman from The text of the amendment is as fol- many are fearful of the consequences of Kansas is recognized for 5 minutes. lows: this bill. After all, FERC now already Mr. POMPEO. Mr. Chairman, there Strike paragraph (4) (and redesignate ac- grants 90 percent of the natural gas has been reference that Ms. CASTOR cordingly). interstate pipeline applications that presented relating to what the industry The CHAIR. Pursuant to House Reso- come before it. wants that says this will actually mess lution 420, the gentlewoman from Flor- So it makes no sense to have FERC it up. It will make pipeline permitting ida (Ms. CASTOR) and a Member op- issuing permits for other agencies. take longer. posed each will control 5 minutes. FERC doesn’t have the expertise to Let me read for you what was written The Chair recognizes the gentle- grant land management rights-of-way in a letter to me on November 14 of woman from Florida. through Federal land or to set water this year from that industry associa- Ms. CASTOR of Florida. Mr. Chair- pollution discharge limits. That is not tion. This is a letter from INGAA, man, under H.R. 1900, if an agency can- a workable solution. It is a recipe for signed by Mr. Santa, the president and not complete its review of a gas pipe- greater litigation and delay. CEO, who said: line permit application by the bill’s ar- Besides litigation, delays, and other bitrary 90-day or, in some cases, 120- complications, there are going to be The Energy Policy Act of 2005 attempted to coordinate the permitting of new natural day deadline, the Federal Energy Regu- real environmental and safety impacts gas pipelines by designating FERC as the latory Commission, or FERC, is re- if permits automatically go into effect lead agency under NEPA and granting FERC quired to automatically issue the per- without the responsible agencies com- the authority to set deadlines for permitting mit. pleting the necessary analysis. It could agencies to act on pipeline actions. EPAct

VerDate Mar 15 2010 00:39 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.015 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7324 CONGRESSIONAL RECORD — HOUSE November 21, 2013 2005, however, did not confer upon FERC the within 30 days, after which the chem- It took over an hour and a half for authority to enforce such deadlines. As a re- ical is considered an existing chemical. the local gas operator to go to another sult, permitting agencies routinely ignore That is, the request is deemed ap- destination, pick up a key, come back them. proved. to the community, and open the gate It is critical that pipeline expansion keep pace with demand in such regions as New This is not unprecedented. so they could turn off the valve. England. A clear, timely review of permits The idea that this provision is ex- Meanwhile, what happened? associated with proposed pipeline projects is treme or unprecedented is simply not There were 8 lives lost; 38 homes to- critical to meeting these goals. supported by the facts, and the prece- tally destroyed, with just a concrete The industry is full-throatedly in support dent for applications being approved if pad left; and 45 other homes badly dam- of making sure that H.R. 1900 becomes law, a governing agency fails to act is very aged. Three people were considered and this amendment would prevent the key common in our Federal law. missing for more than 2 weeks because provisions of that from happening. I urge my colleagues to vote ‘‘no’’ on there was so little DNA left from the We know we are seeing skyrocketing the Castor amendment, and I yield intense fire to positively identify prices. The worst residential price in- back the balance of my time. them. creases in the country are in the gen- The CHAIR. The question is on the b 1030 tlewoman’s home State of Florida, amendment offered by the gentle- where natural gas is now $15.43 an woman from Florida (Ms. CASTOR). There are people in that community mcf—68 percent above the natural aver- The question was taken; and the today 3 years later who are still shell age in the home State of the gentlelady Chair announced that the noes ap- shocked, and the city’s fathers and who has offered this amendment. peared to have it. mothers are very concerned about Part of this enormous price increase Ms. CASTOR of Florida. Mr. Chair- making sure that pipeline safety in- in Florida and in other States is a di- man, I demand a recorded vote. cludes notifying local communities. rect result of insufficient pipeline ca- The CHAIR. Pursuant to clause 6 of One of the truly frightening lessons pacity to keep up with production and rule XVIII, further proceedings on the of the San Bruno tragedy was that the demand inside the State of Florida— amendment offered by the gentle- many pipeline operators don’t even and that is great. I am glad there is de- woman from Florida will be postponed. fully know the conditions of their own mand in Florida. We now just simply AMENDMENT NO. 3 OFFERED BY MS. SPEIER pipelines. I can tell you that my com- need to get them affordable energy so The CHAIR. It is now in order to con- munities are much more aware and en- they can continue to grow jobs for sider amendment No. 3 printed in gaged in natural gas pipeline safety Florida families. House Report 113–272. and location decisions. In July of this year, the Energy and Ms. SPEIER. Mr. Chairman, I have The concerns and objections of State Commerce Committee held a hearing an amendment at the desk. and local officials must be adequately on H.R. 1900, where multiple stake- The CHAIR. The Clerk will designate considered and taken into account in holders testified, including NextEra the amendment. the decisionmaking process on where Energy, a Florida-based energy com- The text of the amendment is as fol- to place potentially dangerous natural pany which, in addition to being the lows: gas transmission lines. The con- largest wind company in North Amer- sequences of these decisions to local At the end of the bill, after paragraph (5), ica, is also one of the Nation’s largest insert the following new paragraph: communities cannot be overstated. purchasers and consumers of natural ‘‘(6) This subsection shall not apply to a They have a fundamental stake in gas power for electric power genera- project unless the Commission has consid- these decisions on whether to permit a tion. ered and responded to applicable State and new pipeline project in their commu- Regarding the possibility that an local objections or concerns about approval nities. agency might ultimately choose to of the project.’’. I ask you to support my amendment, deny an application because of H.R. The CHAIR. Pursuant to House Reso- which would ensure that, at the very 1900, something that this amendment is lution 420, the gentlewoman from Cali- least, FERC considers and responds to offered to make sure doesn’t happen, fornia (Ms. SPEIER) and a Member op- local and State concerns or objections ostensibly, NextEra stated the fol- posed each will control 5 minutes. submitted as part of the FERC permit lowing in its testimony: The Chair recognizes the gentle- process before a natural gas pipeline In infrastructure development, a timely woman from California. permit is approved or potentially ‘‘no’’ is much preferable to an interminable Ms. SPEIER. Mr. Chairman, the ma- deemed approved. ‘‘maybe.’’ jority earlier said that this measure is I yield back the balance of my time. That is, we have folks who just sim- just common sense. So I have a ques- Mr. WHITFIELD. Mr. Chairman, I ply need certainty. They need answers. tion: Is it common sense not to con- claim the time in opposition to the The gentlewoman from Florida sider the interests of State and local amendment. talked about increased litigation. I am governments in allowing FERC to have The Acting CHAIR (Mr. MEADOWS). thrilled to see folks on the other side of this permitting process? The gentleman from Kentucky is rec- the aisle finally worried about the My amendment is quite simple. The ognized for 5 minutes. plaintiffs’ bar and excessive delays that concerns of State and local commu- Mr. WHITFIELD. I would like to say the plaintiffs’ bar throws into the regu- nities must be considered in any nat- to the gentlelady from California that latory process. I promise my coopera- ural gas pipeline permitting process all of us certainly have great sympathy tion full-throatedly to work across the and should not be disadvantaged by a and were shocked by the events in San aisle to make sure that H.R. 1900 permit approval process that weighs Bruno. I know it was a horrific inci- doesn’t add a single job in the plain- heavily in favor of the pipeline indus- dent and that many people lost their tiffs’ bar anywhere in the United try and could deem approved a permit lives and homes and that it certainly States of America. that tramples the concerns of commu- disrupted the community. Finally, Ms. CASTOR’s amendment nities that are affected. Mr. Chairman, in response to that ac- was offered because they are concerned This issue I know all too well. cident, Congress reenacted a reauthor- about the idea that a permit would be Three years ago, a pipeline exploded ization of the Pipeline Safety Act in deemed approved after a certain time, in my district. I don’t want that to late 2011. That bill included provisions claiming in some cases that this has happen to any of you. Let me tell you on requiring the verification of max- been unprecedented. Yet in the Clean what happened in my district. imum allowable operating pressures for Water Act, within 45 days of receipt of First of all, when it exploded, no one pipelines constructed before 1970 and an application, under 33 U.S.C. 129, if knew that there was a pipeline running an expansion of the current Pipeline no ruling has been issued, a permit in the middle of a densely populated Integrity Management Program to ‘‘shall be deemed approved.’’ area. The fire department didn’t know, cover more miles of pipe and, there- Under TSCA, section 5, again, a com- the police department didn’t know, the fore, require more inspections. The ac- pany seeking an application must sub- city manager didn’t know, and the city cident investigation in San Bruno de- mit a notice of commencement to EPA council didn’t know. termined that the natural gas pipeline

VerDate Mar 15 2010 02:24 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.017 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 21, 2013 CONGRESSIONAL RECORD — HOUSE H7325 that failed had been installed in the My amendment delays the date upon percent of their pipeline applications. mid-1950s, using incorrect materials which the bill can be implemented Mr. Chairman, there is no problem. and welding, incorrect even given the until such time that the Federal Gov- There is no backlog. The idea that se- standards of the day. Fortunately, that ernment is no longer operating under a questration’s impact is overstated is legislation passed unanimously in the budget dictated by the sequester, not true. According to an analysis con- House and in the Senate. which some would call a ‘‘meat-ax,’’ ducted by Regional Economic Models I would also note that, under the that is dipping into and diving into the and Third Way, the damage to the Natural Gas Act, FERC, when review- works of the Federal Government, such economy caused by sequestration is ing a proposed natural gas pipeline, as agencies like FERC. substantial. must find that it meets the public con- The likely impact of this bill, if I would also like to offer a personal venience and necessity, in other words, passed, is to put FERC in a position of story that deals with the impact far- the public interest. The Commission having to work faster, to issue deci- reaching. It is the fact that pediatri- does have mechanisms in place to lis- sions with fewer experienced employ- cians today are seeing babies who are ten to the concerns of landowners, of ees, and to have a reduction in re- malnourished. Because of these hor- communities, and they balance that sources, thereby impacting safety and rible cuts and the cuts in SNAP, moth- with the need for energy infrastructure security, if I might say, because FERC, ers are putting water in the formula. It that meets national needs for a broad like virtually every other Federal may be a far reach; but because we are number of citizens. The FERC process, agency, is operating under the onerous under these horrible caps of sequestra- under section VII of the Natural Gas and draconian provisions of the disas- tion, it is impacting the far reaches of Act, is open, fair, and it invites partici- trous sequestration which has caused government. Even babies are suffering pation by local communities and land- so much misery and disruption across and are malnourished because of se- owners already, and that has been in the Nation and to our economy. I questration. place for 70 years. might add, Mr. Chairman, the impor- So, if this bill passes today, my de- So I think all of us understand where tant aspect of this is that the ultimate sire is—if it even goes anywhere, if it the gentlelady from California is com- results will be, FERC, if you don’t do finds a problem that it is trying to ing from. We do genuinely believe that your work, if you are not thoughtful, if solve—that it should not be imple- the existing process certainly considers you are not deliberative, we deem the mented at all; but if it is implemented, local communities and the input from approval. it certainly should not burden an agen- those communities. Because of that, I There is no evidence that FERC is cy that has proven to do its work time- would respectfully ask that we not backlogged. This has nothing to do ly 92 percent of the time. It should not burden that agency by insisting that it agree to the amendment of the gentle- with the Keystone pipeline, the proce- goes into implementation right away. lady of California. dures of which are in another agency It should not be in until we have moved I yield back the balance of my time. altogether. So you would ask: What The Acting CHAIR. The question is problem is this bill solving? None. Ab- forward and have gotten rid of seques- tration. on the amendment offered by the gen- solutely none. With a budget of $306 In conclusion, there are enormous tlewoman from California (Ms. SPEIER). million—because of sequestration—and amounts of human toll impact through The question was taken; and the Act- with a $15 million reduction in spend- social safety net and health education: ing Chair announced that the noes ap- ing, 5 percent of FERC’s budget is im- 600,000 women and children thrown off peared to have it. pacted. This is a bill seeking a solution WIC; 807,000 fewer hospitals for Native Ms. SPEIER. Mr. Chairman, I de- to a problem that does not exist, and it Americans; the national security im- mand a recorded vote. is dangerous to have legislation that pact of the U.S.’s ‘‘let’s prepare for The Acting CHAIR. Pursuant to deems approval when the agency which WMD incidents.’’ clause 6 of rule XVIII, further pro- has jurisdiction has not completed its So I ask my colleagues not to sup- ceedings on the amendment offered by investigation. port the underlying bill, but to support the gentlewoman from California will With that, I reserve the balance of the Jackson Lee amendment—no ac- be postponed. my time. tion until sequestration is gone. AMENDMENT NO. 4 OFFERED BY MS. JACKSON Mr. WHITFIELD. Mr. Chairman, I I yield back the balance of my time. LEE claim the time in opposition. Mr. Chairman, my amendment is simple, The Acting CHAIR. It is now in order The Acting CHAIR. The gentleman straightforward, and practical. It simply to consider amendment No. 4 printed in from Kentucky is recognized for 5 min- postpones the effective date of the bill until the House Report 113–272. utes. end of sequestration. Ms. JACKSON LEE. Mr. Chairman, I Mr. WHITFIELD. Since I am the only Although I share many of the concerns of have an amendment at the desk. one who will be speaking, I reserve the my colleagues and the administration regard- The Acting CHAIR. The Clerk will balance of my time. ing the wisdom of this legislation, my amend- designate the amendment. Ms. JACKSON LEE. Mr. Chairman, ment does not effect any change in the bill’s The text of the amendment is as fol- how much time do I have remaining? regulatory scheme. lows: The Acting CHAIR. The gentlewoman Because of sequestration the legislation At the end of the bill, add the following from Texas has 3 minutes remaining. would achieve the opposite effect intended by new section: Ms. JACKSON LEE. Mr. Chairman, proponents. SEC. 3. EFFECTIVE DATE. sequestration is not only impacting the In other words, fewer projects would be ap- This Act shall not take effect until such whole of the work of FERC’s; but, in proved, not more. time as there is no Presidential order issued actuality, sequestration is under- My amendment avoids this outcome by con- under section 254 of the Balanced Budget and mining the economy of the United ditioning the effective date of this bill upon the Emergency Deficit Control Act of 1985 in ef- States of America. termination of sequestration. fect. In my State alone, we have lost Mr. Chairman, I am not alone in recognizing The Acting CHAIR. Pursuant to 153,000 jobs. The United States has lost how detrimental sequestration has been to our House Resolution 420, the gentlewoman 1 million jobs. It is so devastating that fiscal policy and to the economy. from Texas (Ms. JACKSON LEE) and a I offer to submit a letter for the Earlier this week, the chairman of the Ap- Member opposed each will control 5 RECORD from the Republican cardinals, propriations Committee, joined by the 12 sub- minutes. dated November 18, 2013, calling upon committee chairs, wrote a letter to the budget The Chair recognizes the gentle- the Budget Committee to rid us of the conferees in which they call upon the budget woman from Texas. disastrous sequestration. conference to reach an agreement as soon as Ms. JACKSON LEE. Mr. Chairman, I It indicates that we have a severe possible because, among other things: ‘‘the yield myself 2 minutes. problem in sequestration. This legisla- current sequester and the upcoming ‘Second I offer an amendment that responds, tion to expedite the approval of needed Sequester’ in January would result in more in- I believe, to the importance of the gas pipelines is, again, an initiative discriminate across the board reductions that issue and also to the purpose of the un- looking for a solution. Since fiscal year could have negative consequences on criti- derlying bill, and it deals with safety. 2009, FERC has completed action on 92 cally important federal programs’’.

VerDate Mar 15 2010 03:15 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\CR\FM\K21NO7.021 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7326 CONGRESSIONAL RECORD — HOUSE November 21, 2013 The appropriators go on to state that: ‘‘The sequences. It is bad for the economy. It is un- federal programs, especially our national de- American people deserve a detailed budget fair to the American people. fense. blueprint that makes rational and intelligent I urge support of the Jackson Lee Amend- In addition, failure to agree on a common choices on funding by their elected represent- ment because it will prevent the bill before us spending cap for FY 2015 will guarantee an- atives, not by a meat ax.’’ from yielding unwanted and unintended re- other year of confusion. Rather, my amendment merely delays the sults. The American people deserve a detailed date upon which the bill can be implemented Hon. PAUL RYAN, budget blueprint that makes rational and in- until such time as the Federal Government is Chairman, Budget Committee, telligent choices on funding by their elected no longer operating under a budget dictated House of Representatives, Washington, DC. representatives, not by a meat ax. We urge by the ‘‘meat ax,’’ instead of a balanced plan Hon. CHRIS VAN HOLLEN, you to come together and decide on a com- of needful investment and deficit reduction. Ranking Member, Budget Committee, mon discretionary spending topline for both Mr. Chairman, pursuant to section 2, para- House of Representatives, Washington, DC. FY 2014 and FY 2015 as quickly as possible to graph (4) of the bill, a permit or license for a Hon. PATTY MURRAY, empower our Committee, and the Congress natural gas pipeline project is ‘‘deemed’’ ap- Chairwoman, Budget Committee, as a whole, to make the responsible spending proved if the Federal Energy Regulatory Com- U.S. Senate, Washington, DC. decisions that we have been elected to make. mission (FERC) or other federal agencies do Hon. JEFF SESSIONS, Sincerely, not issue the requested permit or license with- Ranking Member, Budget Committee, Harold Rogers, Chairman, Committee on U.S. Senate, Washington, DC. in 90–120 days. Appropriations; Jack Kingston, Chair- DEAR CHAIRMAN RYAN, CHAIRWOMAN MUR- The likely impact of this bill if passed is to man, Subcommittee on Labor, Health RAY, RANKING MEMBER SESSIONS, AND RANK- and Human Services, Education, and put FERC in the position of having to work ING MEMBER VAN HOLLEN: We call on the Related Agencies; Tom Latham, Chair- faster to issue decisions with fewer experi- Budget conference to reach an agreement on man, Subcommittee on Transpor- enced employees and a reduction in re- the FY 2014 and 2015 spending caps as soon as tation, and Housing and Urban Devel- sources. possible to allow the appropriations process opment, and Related Agencies; Kay This is because FERC, like virtually every to move forward to completion by the Janu- Granger, Chairwoman, Subcommittee federal agency, is operating under the onerous ary 15 expiration of the current short-term on State, Foreign Operations, and Re- and draconian provisions of the disastrous se- Continuing Resolution. We urge you to re- lated Agencies; John Abney Culberson, questration which has caused so much misery double your efforts toward that end and re- Chairman, Subcommittee on Military and disruption across the Nation and to our port common, topline levels for both the Construction, Veterans Affairs, and Re- House and Senate before the Thanksgiving lated Agencies; John R. Carter, Chair- economy. recess, or by December 2 at the latest. FERC, for example, with a budget of $306 man, Subcommittee on Homeland Se- If a timely agreement is not reached, the curity; Tom Cole, Chairman, Sub- million faces a $15 million reduction in spend- likely alternatives could have extremely committee on Legislative Branch; ing authority this fiscal year according to OMB. damaging repercussions. First, the failure to Frank R. Wolf, Chairman, Sub- That sum amounts to 5% of FERC’s budget. reach a budget deal to allow Appropriations committee on Commerce, Justice, So if H.R. 1900 were to become law the to assemble funding for FY 2014 will reopen Science, and Related Agencies; Rodney most likely outcome is that FERC and other the specter of another government shut- Frelinghuysen, Chairman, Sub- agencies would be required to make decisions down. Second, it will reopen the probability committee on Defense; Robert B. Ader- based on incomplete information, or informa- of governance by continuing resolution, holt, Chairman, Subcommittee on Ag- tion that may not be available within the strin- based on prior year outdated spending needs riculture, Rural Development, Food gent deadlines, and to deny applications that and priorities, dismissing in one fell swoop and Drug Administration, and Related all of the work done by the Congress to enact Agencies; Michael K. Simpson, Chair- otherwise would have been approved, but for appropriations bills for FY 2014 that reflect man, Subcommittee on Energy and lack of sufficient review time. the will of Congress and the people we rep- Water Development, and Related Agen- Mr. Chairman, I could not agree more with resent. Third, the current sequester and the cies; Ander Crenshaw, Chairman, Sub- Chairman ROGERS and the subcommittee upcoming ‘‘Second Sequester’’ in January committee on Financial Services and chairs. would result in more indiscriminate across General Government; Ken Calvert, Sequestration is bad fiscal policy. It results the board reductions that could have nega- Chairman, Subcommittee on Interior, in unwanted and unintended legislative con- tive consequences on critically important Environment, and Related Agencies. SEQUESTRATION: ECONOMIC IMPACT BY STATE, 2014

Full Sequester Non-Defense Sequester Only Defense Sequester Only State GDP State GDP State GDP State GDP State GDP State GDP gain/loss percent Jobs gain/loss Jobs percent gain/loss percent Jobs gain/loss Jobs percent gain/loss percent Jobs gain/ Jobs percent (billions) gain/loss gain/loss (billions) gain/loss gain/loss (billions) gain/loss loss gain/loss

Alabama ...... ¥$2.7 ¥1.25% ¥31,467 ¥1.20% ¥$1.6 ¥0.76% ¥19,502 ¥0.74% ¥$1.1 ¥0.50% ¥11,997 ¥0.46% Alaska ...... ¥$0.6 ¥1.22% ¥6,242 ¥1.32% ¥$0.4 ¥0.76% ¥3,808 ¥0.81% ¥$0.2 ¥0.46% ¥2,439 ¥0.52% Arizona ...... ¥$3.7 ¥1.18% ¥39,624 ¥1.15% ¥$2.0 ¥0.63% ¥22,794 ¥0.66% ¥$1.7 ¥0.55% ¥16,876 ¥0.49% Arkansas ...... ¥$1.2 ¥0.97% ¥15,244 ¥0.93% ¥$0.7 ¥0.58% ¥9,275 ¥0.57% ¥$0.5 ¥0.39% ¥5,985 ¥0.37% California ...... ¥$22.0 ¥1.02% ¥211,777 ¥1.00% ¥$11.0 ¥0.51% ¥112,422 ¥0.53% ¥$11.1 ¥0.52% ¥99,590 ¥0.47% Colorado ...... ¥$3.6 ¥1.08% ¥37,589 ¥1.09% ¥$2.0 ¥0.61% ¥21,569 ¥0.63% ¥$1.6 ¥0.48% ¥16,062 ¥0.47% Connecticut ...... ¥$2.5 ¥1.08% ¥23,200 ¥1.01% ¥$1.1 ¥0.47% ¥11,012 ¥0.48% ¥$1.4 ¥0.61% ¥12,212 ¥0.53% Delaware ...... ¥$0.6 ¥1.02% ¥5,662 ¥1.01% ¥$0.3 ¥0.64% ¥3,606 ¥0.65% ¥$0.2 ¥0.39% ¥2,062 ¥0.37% DC ...... ¥$3.4 ¥3.02% ¥25,180 ¥2.96% ¥$3.2 ¥2.81% ¥23,278 ¥2.74% ¥$0.2 ¥0.22% ¥1,905 ¥0.22% Florida ...... ¥$9.0 ¥0.95% ¥101,912 ¥0.96% ¥$5.6 ¥0.59% ¥65,104 ¥0.61% ¥$3.4 ¥0.36% ¥36,933 ¥0.35% Georgia ...... ¥$5.6 ¥1.09% ¥62,276 ¥1.11% ¥$3.3 ¥0.64% ¥37,371 ¥0.66% ¥$2.3 ¥0.45% ¥24,969 ¥0.44% Hawaii ...... ¥$1.1 ¥1.48% ¥13,702 ¥1.60% ¥$0.7 ¥0.92% ¥8,276 ¥0.97% ¥$0.4 ¥0.56% ¥5,437 ¥0.63% Idaho ...... ¥$0.7 ¥1.02% ¥9,205 ¥0.96% ¥$0.4 ¥0.59% ¥5,654 ¥0.59% ¥$0.3 ¥0.43% ¥3,561 ¥0.37% Illinois ...... ¥$6.4 ¥0.83% ¥63,703 ¥0.82% ¥$4.0 ¥0.52% ¥40,931 ¥0.53% ¥$2.4 ¥0.31% ¥22,847 ¥0.29% Indiana ...... ¥$3.0 ¥0.94% ¥33,551 ¥0.89% ¥$1.8 ¥0.55% ¥20,614 ¥0.55% ¥$1.2 ¥0.39% ¥12,979 ¥0.34% Iowa ...... ¥$1.4 ¥0.89% ¥17,087 ¥0.83% ¥$0.8 ¥0.51% ¥10,171 ¥0.49% ¥$0.6 ¥0.38% ¥6,937 ¥0.34% Kansas ...... ¥$1.9 ¥1.22% ¥21,412 ¥1.12% ¥$0.9 ¥0.54% ¥10,417 ¥0.55% ¥$1.1 ¥0.68% ¥11,017 ¥0.58% Kentucky ...... ¥$2.0 ¥0.97% ¥24,006 ¥0.97% ¥$1.2 ¥0.59% ¥14,621 ¥0.59% ¥$0.8 ¥0.38% ¥9,410 ¥0.38% Louisiana ...... ¥$2.5 ¥1.04% ¥28,651 ¥1.05% ¥$1.3 ¥0.54% ¥15,110 ¥0.56% ¥$1.2 ¥0.50% ¥13,571 ¥0.50% Maine ...... ¥$0.8 ¥1.27% ¥10,014 ¥1.18% ¥$0.4 ¥0.67% ¥5,448 ¥0.64% ¥$0.4 ¥0.60% ¥4,576 ¥0.54% Maryland ...... ¥$6.5 ¥1.85% ¥64,522 ¥1.82% ¥$5.0 ¥1.42% ¥49,758 ¥1.40% ¥$1.5 ¥0.43% ¥14,803 ¥0.42% Massachusetts ...... ¥$4.4 ¥0.98% ¥40,626 ¥0.91% ¥$2.4 ¥0.52% ¥23,079 ¥0.52% ¥$2.1 ¥0.46% ¥17,589 ¥0.39% Michigan ...... ¥$4.0 ¥0.85% ¥43,903 ¥0.82% ¥$2.6 ¥0.55% ¥29,5581 ¥0.55% ¥$1.4 ¥0.30% ¥14,3991 ¥0.27% Minnesota ...... ¥$3.1 ¥0.88% ¥30,295 ¥0.82% ¥$1.6 ¥0.46% ¥16,772 ¥0.46% ¥$1.5 ¥0.43% ¥13,555 ¥0.37% Mississippi ...... ¥$1.5 ¥1.32% ¥19,568 ¥1.25% ¥$0.8 ¥0.65% ¥9,925 ¥0.63% ¥$0.8 ¥0.67% ¥9,663 ¥0.62% Missouri ...... ¥$3.2 ¥1.02% ¥35,958 ¥0.97% ¥$1.9 ¥0.60% ¥22,045 ¥0.59% ¥$1.3 ¥0.42% ¥13,951 ¥0.38% Montana ...... ¥$0.5 ¥1.03% ¥6,634 ¥0.99% ¥$0.3 ¥0.72% ¥4,631 ¥0.69% ¥$0.1 ¥0.31% ¥2,010 ¥0.30% Nebraska ...... ¥$0.9 ¥0.90% ¥11,240 ¥0.87% ¥$0.6 ¥0.55% ¥6,897 ¥0.53% ¥$0.4 ¥0.36% ¥4,356 ¥0.34% Nevada ...... ¥$1.3 ¥0.83% ¥14,243 ¥0.86% ¥$0.8 ¥0.51% ¥8,797 ¥0.53% ¥$0.5 ¥0.32% ¥5,464 ¥0.33% New Hampshire ...... ¥$0.8 ¥1.05% ¥8,560 ¥0.97% ¥$0.4 ¥0.53% ¥4,573 ¥0.52% ¥$0.4 ¥0.52% ¥3,997 ¥0.45% New Jersey ...... ¥$4.7 ¥0.87% ¥45,215 ¥0.86% ¥$3.1 ¥0.56% ¥30,141 ¥0.57% ¥$1.7 ¥0.31% ¥15,126 ¥0.29% New Mexico ...... ¥$1.1 ¥1.26% ¥13,800 ¥1.22% ¥$0.8 ¥0.90% ¥9,978 ¥0.89% ¥$0.3 ¥0.35% ¥3,833 ¥0.34% New York ...... ¥$9.7 ¥0.78% ¥88,297 ¥0.76% ¥$6.3 ¥0.51% ¥59,715 ¥0.52% ¥$3.4 ¥0.28% ¥28,688 ¥0.25% North Carolina ...... ¥$5.0 ¥1.03% ¥58,211 ¥1.06% ¥$2.8 ¥0.58% ¥32,886 ¥0.60% ¥$2.2 ¥0.45% ¥25,389 ¥0.46% North Dakota ...... ¥$0.4 ¥0.96% ¥4,957 ¥0.92% ¥$0.2 ¥0.58% ¥3,004 ¥0.56% ¥$0.2 ¥0.38% ¥1,958 ¥0.37% Ohio ...... ¥$5.5 ¥0.92% ¥60,106 ¥0.88% ¥$3.4 ¥0.57% ¥38,840 ¥0.57% ¥$2.1 ¥0.35% ¥21,341 ¥0.31% Oklahoma ...... ¥$2.0 ¥1.05% ¥23,440 ¥1.05% ¥$1.3 ¥0.67% ¥15,064 ¥0.68% ¥$0.7 ¥0.38% ¥8,397 ¥0.38% Oregon ...... ¥$2.1 ¥1.05% ¥23,295 ¥0.97% ¥$1.1 ¥0.54% ¥12,853 ¥0.54% ¥$1.0 ¥0.51% ¥10,471 ¥0.44% Pennsylvania ...... ¥$6.6 ¥0.99% ¥71,014 ¥0.94% ¥$4.3 ¥0.65% ¥48,035 ¥0.64% ¥$2.3 ¥0.34% ¥23,056 ¥0.31% Rhode Island ...... ¥$0.6 ¥1.13% ¥6,560 ¥1.05% ¥$0.3 ¥0.62% ¥3,633 ¥0.58% ¥$0.3 ¥0.51% ¥2,934 ¥0.47%

VerDate Mar 15 2010 03:15 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A21NO7.012 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 21, 2013 CONGRESSIONAL RECORD — HOUSE H7327 SEQUESTRATION: ECONOMIC IMPACT BY STATE, 2014—Continued

Full Sequester Non-Defense Sequester Only Defense Sequester Only State GDP State GDP State GDP State GDP State GDP State GDP gain/loss percent Jobs gain/loss Jobs percent gain/loss percent Jobs gain/loss Jobs percent gain/loss percent Jobs gain/ Jobs percent (billions) gain/loss gain/loss (billions) gain/loss gain/loss (billions) gain/loss loss gain/loss

South Carolina ...... ¥$2.2 ¥1.04% ¥27,294 ¥1.06% ¥$1.3 ¥0.60% ¥16,074 ¥0.63% ¥$0.9 ¥0.44% ¥11,251 ¥0.44% South Dakota ...... ¥$0.4 ¥0.98% ¥5,432 ¥0.92% ¥$0.3 ¥0.64% ¥3,514 ¥0.59% ¥$0.1 ¥0.35% ¥1,923 ¥0.32% Tennessee ...... ¥$3.1 ¥0.99% ¥36,334 ¥0.96% ¥$2.0 ¥0.64% ¥23,664 ¥0.62% ¥$1.1 ¥0.35% ¥12,717 ¥0.33% Texas ...... ¥$15.2 ¥0.99% ¥153,541 ¥1.00% ¥$8.3 ¥0.54% ¥87,003 ¥0.57% ¥$6.9 ¥0.45% ¥66,702 ¥0.43% Utah ...... ¥$1.8 ¥1.19% ¥20,932 ¥1.17% ¥$1.01 ¥0.70% ¥12,736 ¥0.71% ¥$0.7 ¥0.50% ¥8,219 ¥0.46% Vermont ...... ¥$0.3 ¥0.99% ¥4,151 ¥0.92% ¥$0.2 ¥0.59% ¥2,553 ¥0.57% ¥$0.1 ¥0.40% ¥1,602 ¥0.36% Virginia ...... ¥$8.3 ¥1.67% ¥85,776 ¥1.71% ¥$5.5 ¥1.12% ¥56,965 ¥1.13% ¥$2.7 ¥0.55% ¥28,867 ¥0.57% Washington ...... ¥$5.6 ¥1.37% ¥54,359 ¥1.31% ¥$2.3 ¥0.56% ¥24,332 ¥0.59% ¥$3.3 ¥0.81% ¥30,084 ¥0.72% West Virginia ...... ¥$0.9 ¥1.17% ¥10,673 ¥1.12% ¥$0.6 ¥0.82% ¥7,638 ¥0.80% ¥$0.3 ¥0.35% ¥3,046 ¥0.32% Wisconsin ...... ¥$2.6 ¥0.86% ¥29,312 ¥0.80% ¥$1.4 ¥0.48% ¥17,097 ¥0.47% ¥$1.1 ¥0.38% ¥12,249 ¥0.34% Wyoming ...... ¥$0.4 ¥0.96% ¥4,072 ¥0.98% ¥$0.2 ¥0.60% ¥2,594 ¥0.62% ¥$0.1 ¥0.36% ¥1,482 ¥0.36% U.S. TOTAL ...... ¥$179.4 ¥1.04% ¥1,883,824 ¥1.02% $105.7 ¥0.61% ¥1,145,337 ¥0.62% ¥$73.9 ¥0.43% ¥740,487 ¥0.40%

Mr. WHITFIELD. Mr. Chairman, the (2) assesses the extent to which other Fed- needs to be done to better expedite the gentlelady from Texas does have a rep- eral, State, or local permitting authorities process. are expected to experience delays in issuing utation of being very innovative in her b 1045 legislative strategy. While I would permits required under Federal law in con- nection with the siting, construction, expan- Why this? The reason is very simple. agree with her—and many of us would sion, or operation of any natural gas pipeline agree—that I am frustrated with the The committee had one day of hearing, project for which a certificate of public con- had very little support for the legisla- budget process and that many of us venience and necessity is required; and tion, no explanation of why it was don’t think the budget process works, (3) examines the effect of anticipated Con- needed, the agencies appearing before she is, with this amendment, trying to gressional appropriations or other resources the committee said it really wasn’t bring to a conclusion sequestration. on the ability of the Federal Energy Regu- necessary, and other witnesses testified I would simply say that we do not be- latory Commission and other Federal agen- that it wasn’t needed. lieve it is appropriate to, nor do we cies to review applications for certificates and permits described in paragraphs (1) and The report of the GAO will identify think that we are equipped to, debate (2) in a timely manner. the problems which exist, and we can the sequestration issue, which is a The Acting CHAIR. Pursuant to then use the oversight authority of the budget issue. Today, we are simply try- House Resolution 420, the gentleman committee and the Congress to fix such ing to expedite the building of addi- from Michigan (Mr. DINGELL) and a problems as might be found and have tional natural gas pipelines to stream- Member opposed each will control 5 an intelligent record as to what can, or line the permitting process in order to minutes. should, be done to make this a step help people throughout America have The Chair recognizes the gentleman which, in fact, will help us move for- lower electricity rates and, perhaps, to from Michigan. ward on pipeline permitting. increase our exports. So I would oppose (Mr. DINGELL asked and was given Now, I want to make it very clear I her amendment. permission to revise and extend his re- am not opposed to natural gas pipe- With that, I yield back the balance of marks.) lines, nor am I opposed to moving for- my time. Mr. DINGELL. Mr. Chairman, this ward speedily and intelligently. The The Acting CHAIR. The question is bill is a solution desperately searching system is working, the Congress has on the amendment offered by the gen- for a problem. devised a system of permitting that tlewoman from Texas (Ms. JACKSON In July of 2013, before the committee, works, sees to it that safety is properly LEE). Commissioner Moeller said that 90 per- attended to, and has given proper over- The question was taken; and the Act- cent of permit applications to FERC sight, including legislation recently to ing Chair announced that the noes ap- are already approved within 12 months ensure that proper behavior and proper peared to have it. and that the delays on the remaining safety of the pipelines do take place. Ms. JACKSON LEE. Mr. Chairman, I 10 percent are due to either the com- I urge the committee to support my demand a recorded vote. plexities of the proposed projects or in- amendment. It gives us a bill of which The Acting CHAIR. Pursuant to complete applications, something we can be proud, instead of a bill about clause 6 of rule XVIII, further pro- which indicates there is hardly a need which people are going to scratch their heads and wonder what was the Con- ceedings on the amendment offered by for the amendment. In addition to that gress doing when they foisted this mis- the gentlewoman from Texas will be statement, there has been no record of postponed. erable thing upon us. any backlog of permit applications I reserve the balance of my time. AMENDMENT NO. 5 OFFERED BY MR. DINGELL that justifies the need to overhaul Mr. POMPEO. Mr. Chairman, I rise in The Acting CHAIR. It is now in order pipeline permitting regulations. opposition to the amendment offered to consider amendment No. 5 printed in There is an old saying, If it ain’t by the gentleman from Michigan. House Report 113–272. broke, don’t fix it. I am curious as to The Acting CHAIR. The gentleman Mr. DINGELL. Mr. Chairman, I have why it is we are trying to fix some- from Kansas is recognized for 5 min- an amendment at the desk. thing here that is not broken. utes. The Acting CHAIR. The Clerk will I am worried that, if this legislation Mr. POMPEO. Mr. Chairman, I rise in designate the amendment. were to somehow become law, we would opposition to this amendment offered The text of the amendment is as fol- already see that the agencies and the by the gentleman from Michigan (Mr. lows: courts, in their consideration, would DINGELL), which would strike the en- Strike all after the enacting clause and in- rush around to try and figure out what tire piece of legislation and replace it sert the following: it was the Congress intended and how with a GAO study. SECTION 1. GAO STUDY. these matters could or should be pro- The GAO back in February of this Not later than May 1, 2014, the Comptroller ceeded upon more expeditiously. That, year issued a report detailing what General shall transmit to the Committee on according to the government agencies they called the ‘‘complex’’ natural gas Energy and Commerce of the House of Rep- that appeared before the committee, is pipeline permitting process. This resentatives and the Committee on Energy completely unnecessary. amendment would simply ask the GAO and Natural Resources of the Senate a report Having said these things, I would like to duplicate many of those same find- that— to call to the attention of my col- ings that were done in a report issued (1) assesses the extent to which the Federal leagues here that the amendment that Energy Regulatory Commission is expected less than a year ago, and there is sim- to experience delays in issuing certificates of I offer today simply directs the GAO to ply no need for that. public convenience and necessity for the take another look at the permitting I understand the gentleman from siting, construction, expansion, or operation process and to take into consideration Michigan thinks this legislation is un- of any natural gas pipeline project; these issues to tell us what it is that necessary, but I respectfully disagree. I

VerDate Mar 15 2010 02:24 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A21NO7.014 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7328 CONGRESSIONAL RECORD — HOUSE November 21, 2013 will give one example of where the At this particular time, there is no postponed and on which the noes pre- claims regarding the approval evidence of need for the legislation. In vailed by voice vote. timelines for natural gas permit pipe- 90 percent of the time, the permits The Clerk will redesignate the lines have been dubious. have been granted within the 1-year pe- amendment. It has been erroneously repeated by riod. It is only necessary to allow time The Clerk redesignated the amend- opponents of this legislation that for others where the permitting appli- ment. FERC testified in front of the Energy cation was incorrectly or improperly RECORDED VOTE and Commerce Committee that 90 per- done and only where the complexity of The Acting CHAIR. A recorded vote cent of the permits are being done on the situation requires more time. has been demanded. time. This is simply not the case. This What I am hearing from the other A recorded vote was ordered. is not what FERC stated in their testi- side is they feel that there is need for The vote was taken by electronic de- mony. It stated that 90 percent of the us to move more rapidly in these com- vice, and there were—ayes 183, noes 233, certificates are being completed within plex cases where serious mistakes can not voting 14, as follows: 12 months. There is an awful lot of dif- be made and we can have the danger of ference between a certificate and a per- an unsafe pipeline resulting. [Roll No. 605] mit. I would remind my colleagues that a AYES—183 FERC is in control of only the cer- pipeline explosion, only the failure of a Andrews Garcia Neal tificate process, but they are at the gas pipeline, is like a nuclear event. Barber Gibson Negrete McLeod Bass Grayson Nolan mercy of other agencies with respect to I urge the adoption of the amend- Beatty Grijalva O’Rourke the permit approval process. This is ment, and if not adopted, the rejection Becerra Gutie´rrez Pallone the main reason for the need for this of the legislation. Bera (CA) Hahn Pascrell I yield back the balance of my time. Bishop (GA) Hanabusa Pastor (AZ) legislation, because FERC has abso- Bishop (NY) Hanna Mr. POMPEO. Mr. Chairman, I just Payne lutely no enforcement authority over Blumenauer Hastings (FL) Pelosi the other agencies to process permits reiterate there is enormous importance Bonamici Heck (WA) Peters (CA) on schedule. This brings accountability to this legislation. While I appreciate Brady (PA) Higgins Pingree (ME) Braley (IA) Himes to other agencies. that the gentleman from Michigan of- Pocan Brown (FL) Hinojosa Price (NC) Even though 90 percent of certifi- fered his amendment in a friendly tone, Brownley (CA) Holt Quigley cates are being processed by FERC in it guts the legislation in its entirety. Bustos Honda Rahall the 12-month period, it doesn’t tell the I also want to offer that H.R. 1900 is Butterfield Horsford Rangel Capps Israel full story. It would be talking about offered in a friendly manner. It is of- Richmond Capuano Jackson Lee Roybal-Allard ´ the bills that the House of Representa- fered friendly to places like Michigan, Cardenas Johnson (GA) Ruppersberger Carney Johnson, E. B. tives passed and talking only about our New York, Florida, and Arizona, places Ryan (OH) Carson (IN) Kaptur Sa´ nchez, Linda naming of post offices and not talking that are paying unnecessarily high Cartwright Keating T. about the substantive legislation, the prices for natural gas in their parts of Castor (FL) Kelly (IL) Sanchez, Loretta Chu Kennedy important things, we do here in the the country. Sarbanes Cicilline Kildee House of Representatives. With that, I would urge rejection of Schakowsky Clarke Kilmer Schiff I would also remind the gentleman this amendment and urge my col- Clay Kind Schneider from Michigan that the need for this leagues to vote ‘‘no’’ on it. Cleaver Kirkpatrick Schrader Clyburn Kuster legislation is so great that it garners I yield back the balance of my time. Schwartz Cohen Langevin The Acting CHAIR. The question is Scott (VA) support not just from the U.S. Cham- Connolly Larsen (WA) ber of Commerce and the National As- on the amendment offered by the gen- Conyers Larson (CT) Scott, David sociation of Manufacturers, but also tleman from Michigan (Mr. DINGELL). Cooper Lee (CA) Serrano Costa Levin Sewell (AL) the major electricity trade associa- The question was taken; and the Act- Shea-Porter ing Chair announced that the noes ap- Courtney Lewis tions across the country: Edison Elec- Crowley Lipinski Sherman tric Institute, the National Rural Elec- peared to have it. Cuellar Loebsack Sinema tric Cooperative Association, and the Mr. DINGELL. Mr. Chairman, I de- Cummings Lofgren Sires Davis (CA) Lowey Slaughter American Public Power Association, as mand a recorded vote. Smith (WA) The Acting CHAIR. Pursuant to Davis, Danny Lujan Grisham well as the New England Ratepayers DeFazio (NM) Speier Association, whose members are expe- clause 6 of rule XVIII, further pro- DeGette Luja´ n, Ben Ray Swalwell (CA) Takano riencing skyrocketing natural gas ceedings on the amendment offered by Delaney (NM) the gentleman from Michigan will be DeLauro Lynch Thompson (CA) prices. DelBene Maffei Thompson (MS) This amendment would gut the bill postponed. Deutch Maloney, Tierney and ignore the core problem of stub- ANNOUNCEMENT BY THE ACTING CHAIR Dingell Carolyn Titus Tonko bornly high natural gas prices in cer- The Acting CHAIR. Pursuant to Doggett Maloney, Sean Doyle Matsui Tsongas tain regions across the Nation. It dis- clause 6 of rule XVIII, proceedings will Duckworth McCollum Van Hollen misses the need for an improved per- now resume on those amendments Edwards McDermott Vargas printed in House Report 113–272 on Ellison McGovern Veasey mitting process for natural gas pipeline ´ which further proceedings were post- Engel McIntyre Velazquez infrastructure completely. Enyart McNerney Visclosky For that reason, I urge my colleagues poned, in the following order: Eshoo Meeks Walz to vote ‘‘no’’ on the gentleman’s agree- Amendment No. 1 by Mr. TONKO of Esty Meng Wasserman ment, and I reserve the balance of my New York. Farr Michaud Schultz Fattah Miller, George Waters time. Amendment No. 2 by Ms. CASTOR of Foster Moore Watt Mr. DINGELL. Mr. Chairman, this Florida. Frankel (FL) Moran Waxman legislation is unnecessary. Every wit- Amendment No. 3 by Ms. SPEIER of Fudge Murphy (FL) Welch ness before the committee found no California. Gabbard Nadler Wilson (FL) Garamendi Napolitano Yarmuth reason why it had to be enacted into Amendment No. 4 by Ms. JACKSON law. It was made very clear that there LEE of Texas. NOES—233 have been no incidences of egregious Amendment No. 5 by Mr. DINGELL of Aderholt Blackburn Carter delay by any events before the permit- Michigan. Amash Boustany Cassidy The Chair will reduce to 2 minutes Amodei Brady (TX) Chabot ting authorities. There is no need for Bachmann Bridenstine Chaffetz the legislation. the minimum time for any electronic Bachus Brooks (AL) Coble The amendment is a friendly amend- vote after the first vote in this series. Barletta Brooks (IN) Coffman Barr Broun (GA) Cole AMENDMENT NO. 1 OFFERED BY MR. TONKO ment offered to enable us to find out if Barrow (GA) Buchanan Collins (GA) there are, in fact, problems; and if The Acting CHAIR. The unfinished Barton Bucshon Collins (NY) there are, in fact, problems, then we business is the demand for a recorded Benishek Burgess Conaway will be able to take the necessary ac- vote on the amendment offered by the Bentivolio Calvert Cook Bilirakis Camp Cotton tion to correct whatever problems gentleman from New York (Mr. TONKO) Bishop (UT) Cantor Cramer might exist. on which further proceedings were Black Capito Crawford

VerDate Mar 15 2010 02:24 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.027 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 21, 2013 CONGRESSIONAL RECORD — HOUSE H7329 Crenshaw King (IA) Rigell (Ms. CASTOR) on which further pro- Carter Hunter Reichert Culberson King (NY) Roby Cassidy Hurt Renacci Daines Kinzinger (IL) Roe (TN) ceedings were postponed and on which Chabot Issa Ribble Davis, Rodney Kline Rogers (AL) the noes prevailed by voice vote. Chaffetz Jenkins Rice (SC) Denham Labrador Rogers (KY) The Clerk will redesignate the Coble Johnson (OH) Rigell Dent LaMalfa Rogers (MI) amendment. Coffman Johnson, Sam Roby DeSantis Lamborn Rohrabacher Cole Jones Roe (TN) DesJarlais Lance Rokita The Clerk redesignated the amend- Collins (GA) Jordan Rogers (AL) Diaz-Balart Lankford Rooney ment. Collins (NY) Joyce Rogers (KY) Duffy Latham Ros-Lehtinen Conaway Kelly (PA) Rogers (MI) RECORDED VOTE Duncan (SC) Latta Roskam Cook King (IA) Rohrabacher Duncan (TN) LoBiondo Ross The Acting CHAIR. A recorded vote Costa King (NY) Rokita Ellmers Long Rothfus has been demanded. Cotton Kinzinger (IL) Rooney Farenthold Lucas Royce Cramer Kline Ros-Lehtinen Fincher Luetkemeyer Runyan A recorded vote was ordered. Crawford Labrador Roskam Fitzpatrick Lummis Ryan (WI) The Acting CHAIR. This will be a 2- Crenshaw LaMalfa Ross Fleischmann Marchant Salmon minute vote. Culberson Lamborn Rothfus Fleming Marino Sanford Daines Lance Royce Flores Massie Scalise The vote was taken by electronic de- Davis, Rodney Lankford Runyan Forbes Matheson Schock vice, and there were—ayes 184, noes 233, Denham Latham Ryan (WI) Fortenberry McCarthy (CA) Schweikert not voting 13, as follows: Dent Latta Salmon Foxx McCaul Scott, Austin DeSantis LoBiondo Sanford Franks (AZ) McClintock Sensenbrenner [Roll No. 606] DesJarlais Long Scalise Frelinghuysen McHenry Sessions AYES—184 Diaz-Balart Lucas Schock Gallego McKeon Shimkus Duffy Luetkemeyer Schrader Andrews Green, Al Nolan Gardner McKinley Shuster Duncan (SC) Lummis Schweikert Bass Green, Gene O’Rourke Gerlach McMorris Simpson Duncan (TN) Marchant Scott, Austin Beatty Grijalva Pallone Gibbs Rodgers Smith (MO) Ellmers Marino Sensenbrenner Becerra Gutie´rrez Pascrell Gingrey (GA) Meadows Smith (NE) Farenthold Massie Sessions Bera (CA) Hahn Pastor (AZ) Gohmert Meehan Smith (NJ) Fincher Matheson Shimkus Bishop (NY) Hanabusa Payne Goodlatte Messer Smith (TX) Fitzpatrick McCarthy (CA) Shuster Blumenauer Hastings (FL) Pelosi Gosar Mica Southerland Fleischmann McCaul Simpson Bonamici Heck (WA) Perlmutter Gowdy Miller (FL) Stewart Fleming McClintock Smith (MO) Brady (PA) Higgins Peters (CA) Granger Miller (MI) Stivers Flores McHenry Smith (NE) Braley (IA) Himes Peters (MI) Graves (GA) Miller, Gary Stockman Forbes McKeon Smith (NJ) Brown (FL) Hinojosa Pingree (ME) Graves (MO) Mullin Stutzman Fortenberry McKinley Smith (TX) Brownley (CA) Holt Pocan Green, Al Mulvaney Terry Foxx McMorris Southerland Bustos Horsford Polis Green, Gene Murphy (PA) Thompson (PA) Franks (AZ) Rodgers Stewart Butterfield Huffman Price (NC) Griffin (AR) Neugebauer Thornberry Frelinghuysen Meadows Stivers Capps Israel Quigley Griffith (VA) Noem Tiberi Gardner Meehan Stockman Capuano Jackson Lee Rahall Grimm Nugent Tipton Gerlach Messer Stutzman Ca´ rdenas Johnson (GA) Rangel Guthrie Nunes Turner Gibbs Mica Terry Carney Johnson, E. B. Richmond Hall Nunnelee Upton Gibson Miller (FL) Thompson (PA) Carson (IN) Kaptur Roybal-Allard Harper Olson Valadao Gingrey (GA) Miller (MI) Thornberry Cartwright Keating Ruppersberger Harris Owens Vela Gohmert Miller, Gary Tiberi Castor (FL) Kelly (IL) Ryan (OH) Hartzler Palazzo Wagner Goodlatte Mullin Tipton Chu Kennedy Sa´ nchez, Linda Hastings (WA) Paulsen Walberg Gosar Mulvaney Turner Cicilline Kildee T. Heck (NV) Pearce Walden Gowdy Murphy (PA) Upton Clarke Kilmer Sanchez, Loretta Hensarling Perlmutter Walorski Granger Neugebauer Valadao Clay Kind Sarbanes Holding Perry Weber (TX) Graves (GA) Noem Wagner Cleaver Kirkpatrick Schakowsky Hudson Peters (MI) Webster (FL) Graves (MO) Nugent Walberg Clyburn Kuster Schiff Huelskamp Peterson Wenstrup Griffin (AR) Nunes Walden Cohen Langevin Schneider Huizenga (MI) Petri Westmoreland Griffith (VA) Nunnelee Walorski Connolly Larsen (WA) Schwartz Hultgren Pittenger Whitfield Grimm Olson Weber (TX) Conyers Larson (CT) Scott (VA) Hunter Pitts Williams Guthrie Owens Webster (FL) Cooper Lee (CA) Scott, David Hurt Poe (TX) Wilson (SC) Hall Palazzo Wenstrup Courtney Levin Serrano Issa Pompeo Wittman Hanna Paulsen Westmoreland Crowley Lewis Sewell (AL) Jenkins Posey Wolf Harper Pearce Whitfield Cuellar Lipinski Shea-Porter Johnson (OH) Price (GA) Womack Harris Perry Williams Cummings Loebsack Sherman Johnson, Sam Reed Woodall Hartzler Peterson Wilson (SC) Davis (CA) Lofgren Sinema Jones Reichert Yoder Hastings (WA) Petri Wittman Davis, Danny Lowey Sires Jordan Renacci Yoho Heck (NV) Pittenger Wolf DeFazio Lujan Grisham Slaughter Joyce Ribble Young (AK) Hensarling Pitts Womack DeGette (NM) Smith (WA) Kelly (PA) Rice (SC) Young (IN) Holding Poe (TX) Woodall Delaney Luja´ n, Ben Ray Speier Hudson Pompeo Yoder DeLauro (NM) Swalwell (CA) NOT VOTING—14 Huelskamp Posey Yoho DelBene Lynch Takano Campbell Huffman Polis Huizenga (MI) Price (GA) Young (AK) Deutch Maffei Thompson (CA) Castro (TX) Jeffries Hultgren Reed Young (IN) Radel Dingell Maloney, Thompson (MS) Garrett Kingston Ruiz Doggett Carolyn Tierney Herrera Beutler Lowenthal NOT VOTING—13 Rush Doyle Maloney, Sean Titus Hoyer McCarthy (NY) Campbell Hoyer Radel Duckworth Matsui Tonko Castro (TX) Jeffries Edwards McCollum Tsongas Ruiz b 1122 Garrett Kingston Ellison McDermott Van Hollen Rush Herrera Beutler Lowenthal Messrs. STUTZMAN, THOMPSON of Engel McGovern Vargas Honda McCarthy (NY) Pennsylvania, STOCKMAN, CHABOT, Enyart McIntyre Veasey and SCHOCK changed their vote from Eshoo McNerney Vela ANNOUNCEMENT BY THE ACTING CHAIR Esty Meeks Vela´ zquez ‘‘aye’’ to ‘‘no.’’ Farr Meng Visclosky The Acting CHAIR (during the vote). Mr. HINOJOSA changed his vote Fattah Michaud Walz There is 1 minute remaining. Foster Miller, George Wasserman from ‘‘no’’ to ‘‘aye.’’ b 1128 So the amendment was rejected. Frankel (FL) Moore Schultz Fudge Moran Waters SO THE AMENDMENT WAS RE- The result of the vote was announced Gabbard Murphy (FL) Watt as above recorded. Gallego Nadler Waxman JECTED. Stated against: Garamendi Napolitano Welch The result of the vote was announced Mr. GARRETT. Madam Chair, on rollcall No. Garcia Neal Wilson (FL) as above recorded. Grayson Negrete McLeod Yarmuth 605 I was detained chairing a Financial Serv- Stated against: ices Subcommittee hearing. NOES—233 Mr. GARRETT. Madam Chair, on rollcall No. Had I been present, I would have voted Aderholt Benishek Brooks (AL) 606, I was detained chairing a Financial Serv- ‘‘no.’’ Amash Bentivolio Brooks (IN) ices subcommittee hearing. Had I been Amodei Bilirakis Broun (GA) present, I would have voted, ‘‘no.’’ AMENDMENT NO. 2 OFFERED BY MS. CASTOR OF Bachmann Bishop (GA) Buchanan FLORIDA Bachus Bishop (UT) Bucshon AMENDMENT NO. 3 OFFERED BY MS. SPEIER The Acting CHAIR (Mrs. ROBY). The Barber Black Burgess The Acting CHAIR. The unfinished unfinished business is the demand for a Barletta Blackburn Calvert business is the demand for a recorded Barr Boustany Camp recorded vote on the amendment of- Barrow (GA) Brady (TX) Cantor vote on the amendment offered by the fered by the gentlewoman from Florida Barton Bridenstine Capito gentlewoman from California (Ms.

VerDate Mar 15 2010 02:24 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A21NO7.016 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7330 CONGRESSIONAL RECORD — HOUSE November 21, 2013 SPEIER) on which further proceedings Carter Hunter Reichert LEE) on which further proceedings were Cassidy Hurt Renacci were postponed and on which the noes Chabot Issa Ribble postponed and on which the noes pre- prevailed by voice vote. Chaffetz Jenkins Rice (SC) vailed by voice vote. The Clerk will redesignate the Coble Johnson (OH) Rigell The Clerk will redesignate the amendment. Coffman Johnson, Sam Roby amendment. Cole Jones Roe (TN) The Clerk redesignated the amend- Collins (GA) Jordan Rogers (AL) The Clerk redesignated the amend- ment. Collins (NY) Joyce Rogers (KY) ment. Conaway Kelly (PA) Rogers (MI) RECORDED VOTE RECORDED VOTE Cook King (IA) Rohrabacher The Acting CHAIR. A recorded vote Costa King (NY) Rokita The Acting CHAIR. A recorded vote has been demanded. Cotton Kinzinger (IL) Rooney has been demanded. Cramer Kline Ros-Lehtinen A recorded vote was ordered. Crawford Labrador Roskam A recorded vote was ordered. The Acting CHAIR. This will be a 2- Crenshaw LaMalfa Ross The Acting CHAIR. This will be a 2- minute vote. Culberson Lamborn Rothfus minute vote. Daines Lance Royce The vote was taken by electronic de- Davis, Rodney Lankford Runyan The vote was taken by electronic de- vice, and there were—ayes 183, noes 236, Denham Latham Ryan (WI) vice, and there were—ayes 175, noes 243, not voting 11, as follows: Dent Latta Salmon not voting 12, as follows: DeSantis LoBiondo Sanford [Roll No. 607] DesJarlais Long Scalise [Roll No. 608] AYES—183 Diaz-Balart Lucas Schock AYES—175 Duffy Luetkemeyer Schrader Andrews Green, Al Negrete McLeod Andrews Grijalva O’Rourke Duncan (SC) Lummis Schweikert Bass Grijalva Nolan Bass Gutie´rrez Pallone Duncan (TN) Marchant Scott, Austin Beatty Gutie´rrez Beatty Hahn Pascrell O’Rourke Ellmers Marino Sensenbrenner Becerra Hahn Becerra Hanabusa Pastor (AZ) Owens Farenthold Massie Sessions Bera (CA) Hanabusa Bera (CA) Hastings (FL) Payne Pallone Fincher Matheson Shimkus Bishop (NY) Hastings (FL) Bishop (GA) Heck (WA) Pelosi Pascrell Fitzpatrick McCarthy (CA) Shuster Blumenauer Heck (WA) Bishop (NY) Higgins Peters (CA) Pastor (AZ) Fleischmann McCaul Simpson Bonamici Higgins Blumenauer Hinojosa Peters (MI) Payne Fleming McClintock Smith (MO) Brady (PA) Himes Bonamici Holt Pingree (ME) Pelosi Flores McHenry Smith (NE) Braley (IA) Hinojosa Brady (PA) Honda Pocan Peters (MI) Forbes McKeon Smith (NJ) Brown (FL) Holt Braley (IA) Horsford Polis Pingree (ME) Fortenberry McKinley Smith (TX) Brownley (CA) Honda Brown (FL) Huffman Price (NC) Pocan Foxx McMorris Southerland Bustos Horsford Brownley (CA) Israel Quigley Polis Franks (AZ) Rodgers Stewart Butterfield Huffman Bustos Jackson Lee Rahall Price (NC) Gallego Meadows Stivers Capps Israel Butterfield Jeffries Rangel Quigley Garcia Meehan Stockman Capuano Jackson Lee Capps Johnson (GA) Richmond Rahall Gardner Messer Stutzman Ca´ rdenas Jeffries Capuano Johnson, E. B. Roybal-Allard Rangel Gerlach Mica Terry Carney Johnson (GA) Ca´ rdenas Kaptur Ruppersberger Richmond Gibbs Miller (FL) Thompson (PA) Carson (IN) Johnson, E. B. Carney Keating Ryan (OH) Roybal-Allard Gingrey (GA) Miller (MI) Thornberry Cartwright Kaptur Carson (IN) Kelly (IL) Sa´ nchez, Linda Ruppersberger Gohmert Miller, Gary Tiberi Castor (FL) Keating Cartwright Kennedy T. Ryan (OH) Goodlatte Mullin Tipton Chu Kelly (IL) Castor (FL) Kildee Sanchez, Loretta Sa´ nchez, Linda Gosar Mulvaney Turner Cicilline Kennedy Chu Kilmer Sarbanes T. Gowdy Murphy (PA) Upton Clarke Kildee Cicilline Kind Schakowsky Sanchez, Loretta Granger Neugebauer Valadao Clay Kilmer Clarke Kirkpatrick Schiff Sarbanes Graves (GA) Noem Vela Cleaver Kind Clay Kuster Schneider Schakowsky Graves (MO) Nugent Wagner Clyburn Kirkpatrick Cleaver Langevin Schwartz Schiff Green, Gene Nunes Walberg Cohen Kuster Clyburn Larsen (WA) Scott (VA) Schneider Griffin (AR) Nunnelee Walden Connolly Langevin Cohen Larson (CT) Scott, David Schwartz Griffith (VA) Olson Walorski Conyers Larsen (WA) Connolly Lee (CA) Serrano Scott (VA) Grimm Palazzo Weber (TX) Cooper Larson (CT) Conyers Levin Sewell (AL) Scott, David Guthrie Paulsen Webster (FL) Courtney Lee (CA) Cooper Lewis Shea-Porter Hall Pearce Wenstrup Crowley Levin Serrano Crowley Lipinski Sherman Hanna Perlmutter Westmoreland Cuellar Lewis Sewell (AL) Cummings Loebsack Sinema Harper Perry Whitfield Cummings Lipinski Shea-Porter Davis (CA) Lofgren Sires Harris Peters (CA) Williams Davis (CA) Loebsack Sherman Davis, Danny Lowey Slaughter Hartzler Peterson Wilson (SC) Davis, Danny Lofgren Sinema DeFazio Lujan Grisham Smith (WA) Hastings (WA) Petri Wittman DeFazio Lowey Sires DeGette (NM) Speier Heck (NV) Pittenger Wolf DeGette Lujan Grisham Slaughter Delaney Luja´ n, Ben Ray Swalwell (CA) Hensarling Pitts Womack Delaney (NM) Smith (WA) DeLauro (NM) Takano Holding Poe (TX) Woodall DeLauro Luja´ n, Ben Ray Speier DelBene Lynch Thompson (CA) Hudson Pompeo Yoder DelBene (NM) Swalwell (CA) Deutch Maloney, Thompson (MS) Huelskamp Posey Yoho Deutch Lynch Takano Dingell Carolyn Tierney Huizenga (MI) Price (GA) Young (AK) Dingell Maffei Thompson (CA) Doggett Maloney, Sean Titus Hultgren Reed Young (IN) Doggett Maloney, Thompson (MS) Doyle Matsui Tonko Doyle Carolyn Tierney NOT VOTING—11 Duckworth McCollum Tsongas Duckworth Maloney, Sean Titus Edwards McDermott Van Hollen Edwards Matsui Tonko Campbell Hoyer Radel Ellison McGovern Vargas Ellison McCollum Tsongas Castro (TX) Kingston Ruiz Engel McNerney Veasey Engel McDermott Van Hollen Garrett Lowenthal Rush Enyart Meeks Vela´ zquez Enyart McGovern Vargas Herrera Beutler McCarthy (NY) Eshoo Meng Visclosky Veasey Eshoo McIntyre ANNOUNCEMENT BY THE ACTING CHAIR Esty Michaud Walz Esty McNerney Vela´ zquez Farr Miller, George Wasserman Farr Meeks Visclosky The Acting CHAIR (during the vote). Fattah Moore Schultz Fattah Meng Walz There is 1 minute remaining. Foster Moran Waters Foster Michaud Wasserman Frankel (FL) Nadler Watt Frankel (FL) Miller, George Schultz b 1133 Fudge Napolitano Waxman Frelinghuysen Moore Waters So the amendment was rejected. Gabbard Neal Welch Fudge Moran Watt Garamendi Negrete McLeod Wilson (FL) Gabbard Murphy (FL) Waxman The result of the vote was announced Grayson Nolan Yarmuth Garamendi Nadler Welch as above recorded. Gibson Napolitano Wilson (FL) Stated against: NOES—243 Grayson Neal Yarmuth Mr. GARRETT. Madam Chair, on rollcall No. Aderholt Bishop (UT) Camp Amash Black Cantor NOES—236 607 I was detained chairing a Financial Serv- Amodei Blackburn Capito Aderholt Benishek Brooks (AL) ices subcommittee hearing. Had I been Bachmann Boustany Carter Amash Bentivolio Brooks (IN) present, I would have voted ‘‘no.’’ Bachus Brady (TX) Cassidy Amodei Bilirakis Broun (GA) Barber Bridenstine Chabot Bachmann Bishop (GA) Buchanan AMENDMENT NO. 4 OFFERED BY MS. JACKSON Barletta Brooks (AL) Chaffetz Bachus Bishop (UT) Bucshon LEE Barr Brooks (IN) Coble Barber Black Burgess The Acting CHAIR. The unfinished Barrow (GA) Broun (GA) Coffman Barletta Blackburn Calvert business is the demand for a recorded Barton Buchanan Cole Barr Boustany Camp Benishek Bucshon Collins (GA) Barrow (GA) Brady (TX) Cantor vote on the amendment offered by the Bentivolio Burgess Collins (NY) Barton Bridenstine Capito gentlewoman from Texas (Ms. JACKSON Bilirakis Calvert Conaway

VerDate Mar 15 2010 02:24 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.032 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 21, 2013 CONGRESSIONAL RECORD — HOUSE H7331 Cook Johnson (OH) Renacci The Clerk redesignated the amend- Ellmers Lance Roe (TN) Costa Johnson, Sam Ribble ment. Farenthold Lankford Rogers (AL) Cotton Jones Rice (SC) Fincher Latham Rogers (KY) Courtney Jordan Rigell RECORDED VOTE Fitzpatrick Latta Rogers (MI) Cramer Joyce Roby The Acting CHAIR. A recorded vote Fleischmann LoBiondo Rohrabacher Crawford Kelly (PA) Roe (TN) Fleming Long Rokita Crenshaw King (IA) Rogers (AL) has been demanded. Flores Lucas Rooney Cuellar King (NY) Rogers (KY) A recorded vote was ordered. Forbes Luetkemeyer Ros-Lehtinen Culberson Kinzinger (IL) Fortenberry Lummis Roskam Rogers (MI) The Acting CHAIR. This will be a 2- Daines Kline Rohrabacher Foxx Marchant Ross Davis, Rodney Labrador Rokita minute vote. Franks (AZ) Marino Rothfus Denham LaMalfa Frelinghuysen Massie Rooney The vote was taken by electronic de- Royce Dent Lamborn Garcia Matheson Runyan Ros-Lehtinen DeSantis Lance vice, and there were—ayes 175, noes 239, Gardner McCarthy (CA) Ryan (WI) Roskam DesJarlais Lankford not voting 16, as follows: Garrett McCaul Salmon Ross Diaz-Balart Latham Gerlach McClintock Sanford Rothfus [Roll No. 609] Duffy Latta Gibbs McHenry Scalise Royce Duncan (SC) LoBiondo AYES—175 Gibson McIntyre Schock Ellmers Long Runyan Gingrey (GA) McKeon Schweikert Andrews Green, Al Nolan Farenthold Lucas Ryan (WI) Gohmert McKinley Scott, Austin Bass Green, Gene O’Rourke Fincher Luetkemeyer Salmon Goodlatte McMorris Sensenbrenner Beatty Grijalva Pallone Fitzpatrick Lummis Sanford Gosar Rodgers Sessions Becerra Gutie´rrez Pascrell Fleischmann Maffei Scalise Gowdy Meadows Shimkus Bera (CA) Hahn Pastor (AZ) Fleming Marchant Schock Granger Meehan Shuster Bishop (GA) Hanabusa Payne Flores Marino Schrader Graves (GA) Messer Simpson Bishop (NY) Hastings (FL) Pelosi Forbes Massie Schweikert Graves (MO) Mica Sinema Bonamici Heck (WA) Peters (MI) Fortenberry Matheson Scott, Austin Griffin (AR) Miller (FL) Smith (MO) Brady (PA) Higgins Pingree (ME) Foxx McCarthy (CA) Sensenbrenner Griffith (VA) Miller (MI) Smith (NE) Braley (IA) Himes Pocan Franks (AZ) McCaul Sessions Grimm Miller, Gary Smith (NJ) Brown (FL) Hinojosa Polis Frelinghuysen McClintock Shimkus Guthrie Mullin Smith (TX) Brownley (CA) Holt Price (NC) Gallego McHenry Shuster Hall Mulvaney Southerland Bustos Honda Quigley Garcia McIntyre Simpson Hanna Murphy (FL) Stewart Butterfield Horsford Rahall Gardner McKeon Smith (MO) Harper Murphy (PA) Stivers Capps Huffman Rangel Garrett McKinley Smith (NE) Harris Neugebauer Stockman Capuano Israel Richmond Gerlach McMorris Hartzler Noem Stutzman Smith (TX) Ca´ rdenas Jackson Lee Roybal-Allard Gibbs Rodgers Hastings (WA) Nugent Terry Southerland Carney Jeffries Ruppersberger Gibson Meadows Heck (NV) Nunes Thompson (PA) Stewart Carson (IN) Johnson (GA) Ryan (OH) Gingrey (GA) Meehan Hensarling Nunnelee Thornberry Stivers Cartwright Johnson, E. B. Sa´ nchez, Linda Gohmert Messer Holding Olson Tiberi Stockman Castor (FL) Kaptur T. Goodlatte Mica Hudson Owens Tipton Stutzman Chu Keating Sanchez, Loretta Gosar Miller (FL) Huelskamp Palazzo Turner Terry Cicilline Kelly (IL) Sarbanes Gowdy Miller (MI) Huizenga (MI) Paulsen Upton Thompson (PA) Clarke Kennedy Schakowsky Granger Miller, Gary Hultgren Pearce Valadao Thornberry Clay Kildee Schiff Graves (GA) Mullin Hunter Perlmutter Wagner Tiberi Cleaver Kilmer Schneider Graves (MO) Mulvaney Hurt Perry Walden Tipton Clyburn Kind Schrader Green, Al Murphy (FL) Issa Peters (CA) Walorski Turner Cohen Kuster Schwartz Green, Gene Murphy (PA) Jenkins Peterson Weber (TX) Upton Connolly Langevin Scott (VA) Griffin (AR) Neugebauer Johnson (OH) Petri Webster (FL) Valadao Conyers Larsen (WA) Scott, David Griffith (VA) Noem Johnson, Sam Pittenger Wenstrup Vela Cooper Larson (CT) Serrano Grimm Nugent Jones Pitts Westmoreland Wagner Courtney Lee (CA) Sewell (AL) Guthrie Nunes Jordan Poe (TX) Whitfield Walberg Crowley Levin Shea-Porter Hall Nunnelee Joyce Pompeo Williams Walden Cummings Lewis Sherman Hanna Olson Kelly (PA) Posey Wilson (SC) Walorski Davis (CA) Lipinski Slaughter Harper Owens King (IA) Price (GA) Wittman Davis, Danny Loebsack Smith (WA) Harris Palazzo Weber (TX) King (NY) Reed Wolf DeFazio Lowey Speier Hartzler Paulsen Webster (FL) Kinzinger (IL) Reichert Womack DeGette Lujan Grisham Swalwell (CA) Hastings (WA) Pearce Wenstrup Kirkpatrick Renacci Woodall DeLauro (NM) Takano Heck (NV) Perlmutter Westmoreland Kline Ribble Yoder DelBene Luja´ n, Ben Ray Thompson (CA) Hensarling Perry Whitfield Labrador Rice (SC) Yoho Deutch (NM) Thompson (MS) Himes Peterson Williams LaMalfa Rigell Young (AK) Dingell Lynch Tierney Holding Petri Wilson (SC) Lamborn Roby Young (IN) Doggett Maffei Titus Hudson Pittenger Wittman Doyle Maloney, Tonko Huelskamp Pitts Wolf NOT VOTING—16 Duckworth Carolyn Tsongas Huizenga (MI) Poe (TX) Womack Edwards Maloney, Sean Van Hollen Blumenauer Kingston Ruiz Hultgren Pompeo Woodall Ellison Matsui Vargas Campbell Lofgren Rush Hunter Posey Yoder Engel McCollum Veasey Castro (TX) Lowenthal Sires Hurt Price (GA) Yoho Enyart McDermott Vela Delaney McCarthy (NY) Walberg Issa Reed Young (AK) Eshoo McGovern Vela´ zquez Herrera Beutler Miller, George Jenkins Reichert Young (IN) Esty McNerney Visclosky Hoyer Radel NOT VOTING—12 Farr Meeks Walz 1142 Fattah Meng Wasserman b Campbell Hoyer Radel Foster Michaud Schultz Castro (TX) Kingston Ruiz Mr. RODNEY DAVIS of Illinois Frankel (FL) Moore Waters changed his vote from ‘‘aye’’ to ‘‘no.’’ Duncan (TN) Lowenthal Rush Fudge Moran Watt Herrera Beutler McCarthy (NY) Smith (NJ) Gabbard Nadler Waxman So the amendment was rejected. ANNOUNCEMENT BY THE ACTING CHAIR Gallego Napolitano Welch The result of the vote was announced Garamendi Neal Wilson (FL) as above recorded. The Acting CHAIR (during the vote). Grayson Negrete McLeod Yarmuth There is 1 minute remaining. The Acting CHAIR (Mr. HULTGREN). NOES—239 The question is on the amendment in Aderholt Brooks (AL) Conaway the nature of a substitute. b 1138 Amash Brooks (IN) Cook The amendment was agreed to. So the amendment was rejected. Amodei Broun (GA) Costa Bachmann Buchanan Cotton The Acting CHAIR. Under the rule, The result of the vote was announced Bachus Bucshon Cramer the Committee rises. as above recorded. Barber Burgess Crawford Accordingly, the Committee rose; AMENDMENT NO. 5 OFFERED BY MR. DINGELL Barletta Calvert Crenshaw and the Speaker pro tempore (Mrs. Barr Camp Cuellar The Acting CHAIR. The unfinished Barrow (GA) Cantor Culberson ROBY) having assumed the chair, Mr. business is the demand for a recorded Barton Capito Daines HULTGREN, Acting Chair of the Com- vote on the amendment offered by the Benishek Carter Davis, Rodney mittee of the Whole House on the state Bentivolio Cassidy Denham gentleman from Michigan (Mr. DIN- Bilirakis Chabot Dent of the Union, reported that that Com- GELL) on which further proceedings Bishop (UT) Chaffetz DeSantis mittee, having had under consideration were postponed and on which the noes Black Coble DesJarlais the bill (H.R. 1900) to provide for the prevailed by voice vote. Blackburn Coffman Diaz-Balart timely consideration of all licenses, Boustany Cole Duffy The Clerk will redesignate the Brady (TX) Collins (GA) Duncan (SC) permits, and approvals required under amendment. Bridenstine Collins (NY) Duncan (TN) Federal law with respect to the siting,

VerDate Mar 15 2010 02:24 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A21NO7.022 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7332 CONGRESSIONAL RECORD — HOUSE November 21, 2013 construction, expansion, or operation reason, the underlying bill replaces every case, for a complex pipeline, of any natural gas pipeline projects, that existing natural gas permitting there will be nearly 2 years’ time for and, pursuant to House Resolution 420, process with a process that appears to communities and interest groups who he reported the bill back to the House be arbitrary, unworkable, and a one- have concerns about the pipeline going with an amendment adopted in the size-fits-all approach. into their territory, their region, to Committee of the Whole. The bill would force regulatory agen- make their voices heard and to make The SPEAKER pro tempore. Under cies to comply with what many believe their concerns registered in the public the rule, the previous question is or- are unreasonable permitting dead- place. dered. lines—1 year for FERC and 3 months I urge my colleagues to reject this The question is on the amendment in for other permitting agencies—to motion to recommit and pass the un- the nature of a substitute. render decisions on applications no derlying legislation, H.R. 1900. The amendment was agreed to. matter how complex they are and po- With that, I yield back the balance of The SPEAKER pro tempore. The tentially before the public risks are my time. question is on the engrossment and fully understood, particularly by our The SPEAKER pro tempore. Without third reading of the bill. local areas. objection, the previous question is or- The bill was ordered to be engrossed If the underlying bill didn’t attempt dered on the motion to recommit. and read a third time, and was read the to fix an existing permitting process There was no objection. third time. that many, including the pipeline trade The SPEAKER pro tempore. The b 1145 association, agree is not broken, then question is on the motion to recommit. perhaps my amendment wouldn’t be The question was taken; and the MOTION TO RECOMMIT necessary. If the majority had sup- Speaker pro tempore announced that Mr. TIERNEY. Madam Speaker, I ported any of the responsible amend- the noes appeared to have it. have a motion to recommit at the ments that were proposed by the gen- Mr. TIERNEY. Madam Speaker, on desk. tleman from Michigan (Mr. DINGELL) The SPEAKER pro tempore. Is the and others here a little while ago, per- that I demand the yeas and nays. gentleman opposed to the bill? haps it wouldn’t be necessary. But it is The yeas and nays were ordered. Mr. TIERNEY. I am in its current necessary. The SPEAKER pro tempore. Pursu- form. The motion states that this bill will ant to clause 8 and clause 9 of rule XX, The SPEAKER pro tempore. The not take effect until FERC determines this 5-minute vote on the motion to re- Clerk will report the motion to recom- its implementation will not adversely commit will be followed by a 5-minute mit. impact natural gas pipeline safety and vote on the passage of the bill, if or- The Clerk read as follows: that it will not inhibit the ability of dered. Mr. TIERNEY moves to recommit the bill communities to engage in the process The vote was taken by electronic de- H.R. 1900 to the Committee on Energy and of siting natural gas pipelines. The mo- vice, and there were—yeas 180, nays Commerce with instructions to report the 233, not voting 17, as follows: same back to the House forthwith, with the tion seeks to protect public safety. It following amendment: seeks to ensure that our constituents [Roll No. 610] At the end of the bill, add the following continue to have a voice in the permit- YEAS—180 new section: ting process. Andrews Farr Lynch SEC. 3. NATURAL GAS PIPELINE SAFETY AND Madam Speaker, I don’t believe that Barber Fattah Maffei COMMUNITY RIGHT TO KNOW. that is too much to ask. It shouldn’t Bass Foster Maloney, The provisions of this Act shall not take be. So let’s, please, do the reasonable Beatty Frankel (FL) Carolyn Becerra Fudge Maloney, Sean effect unless the Federal Energy Regulatory thing. Let’s stand up for safety. Let’s Commission, in consultation with appro- Bera (CA) Gabbard Matsui Bishop (GA) Garamendi McCollum priate regulatory agencies, determines that stand up for our local constituencies and communities and support this mo- Bishop (NY) Garcia McDermott implementation of the Act will not— Blumenauer Grayson McGovern (1) adversely impact natural gas pipeline tion. Bonamici Green, Al McIntyre safety; or With that, I yield back the balance of Brady (PA) Grijalva McNerney (2) inhibit the ability of communities to my time. Braley (IA) Gutie´rrez Meeks meaningfully engage in the process of siting Mr. POMPEO. Madam Speaker, I rise Brown (FL) Hahn Meng of natural gas pipelines that affect them. Brownley (CA) Hanabusa Michaud in opposition to the motion. Bustos Hastings (FL) Miller, George Mr. POMPEO (during the reading). The SPEAKER pro tempore. The gen- Butterfield Heck (WA) Moore Madam Speaker, I ask unanimous con- tleman from Kansas is recognized for 5 Capps Higgins Moran sent to dispense with the reading. minutes. Capuano Himes Murphy (FL) Ca´ rdenas Hinojosa Nadler The SPEAKER pro tempore. Is there Mr. POMPEO. I urge my colleagues Carney Holt Napolitano objection to the request of the gen- to vote in opposition to the motion to Cartwright Honda Neal tleman from Kansas? recommit. Castor (FL) Horsford Negrete McLeod Madam Speaker, while we share Chu Huffman Nolan There was no objection. Cicilline Israel O’Rourke The SPEAKER pro tempore. The gen- every one of our colleagues’ concerns Clarke Jackson Lee Pallone tleman from Massachusetts is recog- about pipeline safety, nothing in this Clay Jeffries Pascrell nized for 5 minutes. legislation does anything to impact the Cleaver Johnson (GA) Pastor (AZ) Cohen Johnson, E. B. Payne Mr. TIERNEY. Madam Speaker, col- safety of pipelines all across the coun- Connolly Kaptur Pelosi leagues, this is the final amendment to try. Indeed, putting in new pipelines, Conyers Keating Perlmutter the bill, and, as you know, it will not increasing capacity for natural gas Cooper Kelly (IL) Peters (CA) kill the bill. It will not send it back to pipelines, will actually allow the re- Courtney Kennedy Peters (MI) Crowley Kildee Pingree (ME) committee. If this motion is adopted, tirement of older pipelines which Cummings Kilmer Pocan the bill will immediately proceed to might present even more risk. Davis (CA) Kind Polis final passage, as amended. And I ask We all know the tragic incident that Davis, Danny Kirkpatrick Price (NC) DeFazio Kuster Quigley you to consider doing that. happened in San Bruno, California. DeGette Langevin Rahall Over the last several years, it is my This body has taken action to rectify Delaney Larsen (WA) Rangel understanding that FERC has approved that. There were pipeline safety bills DelBene Larson (CT) Richmond 69 major natural gas pipelines. They passed with all of the Members of the Deutch Lee (CA) Roybal-Allard Dingell Levin Ruppersberger span over 3,000 miles in 30 States with House, and it passed in the Senate as Doggett Lewis Ryan (OH) a total capacity of nearly 30 billion well, to make sure that every pipeline Doyle Lipinski Sa´ nchez, Linda cubic feet per day. built is done so in a way that is safe Duckworth Loebsack T. Edwards Lofgren Sanchez, Loretta The Government Accountability Of- and responsible and with plenty of time Ellison Lowey Sarbanes fice, the firm that does our research for for community input. Engel Lujan Grisham Schakowsky us, has found that FERC’s pipeline per- The motion to recommit suggests Enyart (NM) Schiff mitting is predictable, it is consistent, that H.R. 1900 would eliminate that Eshoo Luja´ n, Ben Ray Schneider Esty (NM) Schwartz and it gets pipelines built. For some time. It does nothing of that nature. In

VerDate Mar 15 2010 03:15 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.038 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 21, 2013 CONGRESSIONAL RECORD — HOUSE H7333 Scott (VA) Swalwell (CA) Vela´ zquez b 1155 isiana delegation present themselves in Scott, David Takano Visclosky the well. Serrano Thompson (CA) Walz So the motion to recommit was re- Sewell (AL) Thompson (MS) Waters jected. All Members will rise and the Rep- Shea-Porter Tierney Watt The result of the vote was announced resentative-elect will please raise his Sherman Titus Waxman right hand. Sinema Tonko as above recorded. Welch Mr. VANCE M. MCALLISTER appeared Sires Tsongas Wilson (FL) f Slaughter Van Hollen at the bar of the House and took the Yarmuth Smith (WA) Vargas COMMUNICATION FROM THE oath of office, as follows: Speier Veasey CLERK OF THE HOUSE Do you solemnly swear that you will NAYS—233 The SPEAKER laid before the House support and defend the Constitution of the United States against all enemies, Aderholt Granger Pearce the following communication from the Amash Graves (GA) Perry Clerk of the House of Representatives: foreign and domestic; that you will Amodei Graves (MO) Peterson bear true faith and allegiance to the OFFICE OF THE CLERK, Bachmann Green, Gene Petri same; that you take this obligation Bachus Griffin (AR) Pittenger HOUSE OF REPRESENTATIVES, Barletta Griffith (VA) Pitts Washington, DC, November 18, 2013. freely, without any mental reservation Barr Grimm Poe (TX) Hon. JOHN BOEHNER, or purpose of evasion; and that you will Barrow (GA) Guthrie Pompeo Speaker, House of Representatives, well and faithfully discharge the duties Barton Hall Posey Washington, DC. of the office on which you are about to Benishek Hanna Price (GA) DEAR MR. SPEAKER: I have the honor to enter, so help you God. Bentivolio Harper Reed transmit herewith a facsimile copy of a let- Bilirakis Harris Reichert The SPEAKER. Congratulations, you Bishop (UT) Hartzler Renacci ter received from the Honorable Tom Schedler, Secretary of State, State of Lou- are now a Member of the 113th Con- Black Hastings (WA) Ribble gress. Blackburn Heck (NV) Rice (SC) isiana, indicating that, according to the un- Boustany Hensarling Rigell official returns of the Special Election held The Chair has determined that the Brady (TX) Holding Roby November 16, 2013, the Honorable Vance M. children in the well are 12 years and Bridenstine Hudson Roe (TN) McAllister was elected Representative to younger. Brooks (AL) Huelskamp Rogers (AL) Congress for the Fifth Congressional Dis- Brooks (IN) Huizenga (MI) Rogers (MI) f Broun (GA) Hultgren Rohrabacher trict, State of Louisiana. Buchanan Hunter Rokita With best wishes, I am WELCOMING THE HONORABLE Bucshon Hurt Rooney Sincerely, VANCE M. MCALLISTER TO THE Burgess Issa Ros-Lehtinen KAREN L. HAAS, HOUSE OF REPRESENTATIVES Calvert Jenkins Roskam Clerk. Camp Johnson (OH) Ross The SPEAKER. Without objection, Cantor Johnson, Sam Rothfus SECRETARY OF STATE, the gentleman from Louisiana (Mr. Capito Jones Royce STATE OF LOUISIANA, BOUSTANY) is recognized for 1 minute. Carson (IN) Jordan Runyan There was no objection. Carter Joyce Ryan (WI) Baton Rouge, LA, November 18, 2013. Cassidy Kelly (PA) Salmon Hon. KAREN L. HAAS, Mr. BOUSTANY. Mr. Speaker, as Chabot King (IA) Sanford Clerk, House of Representatives, dean of the Louisiana delegation, I Chaffetz King (NY) Scalise Washington, DC. would like to welcome Louisiana’s Coble Kinzinger (IL) Schock DEAR MS. HAAS: This is to advise you that newest Congressman, VANCE Coffman Kline Schrader the unofficial results of the Special Election MCALLISTER, of the Fifth Congres- Cole Labrador Schweikert held on Saturday, November 16, 2013, for Rep- Collins (GA) LaMalfa Scott, Austin sional District. resentative in Congress from the Fifth Con- Collins (NY) Lamborn Sensenbrenner VANCE is a resident of Swartz, Lou- Conaway Lance Sessions gressional District of Louisiana show that Cook Lankford Shimkus Vance M. McAllister received 54,449 or 59.65% isiana, and has been married for 15 Cotton Latham Simpson of the total number of votes cast for the of- years to Kelly. They are the proud par- Crawford Latta Smith (MO) fice. ents of five beautiful children. Crenshaw LoBiondo Smith (NE) It would appear from these unofficial re- VANCE is a veteran of the United Cuellar Long Smith (NJ) sults that Vance M. McAllister was elected Culberson Lucas Smith (TX) States Army and Louisiana National Daines Luetkemeyer Southerland as Representative in Congress from the Fifth Guard. He is a self-made businessman Davis, Rodney Lummis Stewart Congressional District of Louisiana. and a well-regarded entrepreneur. Denham Marchant Stivers To the best of our knowledge and belief at I look forward to serving with you, Dent Marino Stockman this time, there is no contest to this elec- DeSantis Massie Stutzman tion. VANCE, on behalf of the people of Lou- DesJarlais Matheson Terry As soon as the official results are certified isiana. Diaz-Balart McCarthy (CA) Thompson (PA) to this office by all parishes involved, an of- Welcome to the United States House Duffy McCaul Thornberry ficial Certificate of Election will be prepared of Representatives. Duncan (SC) McClintock Tiberi Duncan (TN) McHenry Tipton for transmittal as required by law. Now I would like to yield to my good Ellmers McKeon Turner Sincerely, friend, CEDRIC RICHMOND. Farenthold McKinley Upton TOM SCHEDLER, Mr. RICHMOND. Thank you, Mr. Fincher McMorris Valadao Secretary of State. BOUSTANY. Fitzpatrick Rodgers Vela Fleischmann Meadows Wagner f Mr. Speaker, it gives me great pleas- Fleming Meehan Walberg b 1200 ure to welcome the newest member of Flores Messer Walden the Louisiana delegation, the Rep- Forbes Mica Walorski SWEARING IN OF THE HONORABLE resentative of Louisiana’s Fifth Con- Fortenberry Miller (FL) Weber (TX) VANCE M. MCALLISTER, OF LOU- Foxx Miller (MI) Webster (FL) gressional District, to Washington, Franks (AZ) Miller, Gary Wenstrup ISIANA, AS A MEMBER OF THE D.C., and to this distinguished body. Frelinghuysen Mullin Westmoreland HOUSE There is no doubt in my mind that he Gallego Mulvaney Whitfield Gardner Murphy (PA) Williams Mr. BOUSTANY. Mr. Speaker, I ask will be a welcome addition. Garrett Neugebauer Wilson (SC) unanimous consent that the gentleman While he has never served in or held Gerlach Noem Wittman from Louisiana, the Honorable VANCE elective office, Mr. MCALLISTER brings Gibbs Nugent Wolf M. MCALLISTER, be permitted to take with him the value of the many experi- Gibson Nunes Womack Gingrey (GA) Nunnelee Woodall the oath of office today. ences and accomplishments he has at- Gohmert Olson Yoder His certificate of election has not ar- tained through his lifetime. Like Mr. Goodlatte Owens Yoho rived, but there is no contest and no BOUSTANY said, he is a veteran, a suc- Gosar Palazzo Young (AK) question has been raised with regard to cessful businessman, and a devoted Gowdy Paulsen Young (IN) his election. family man. He has committed himself NOT VOTING—17 The SPEAKER. Is there objection to to addressing the needs of the people of Campbell Herrera Beutler Rogers (KY) the request of the gentleman from Lou- Louisiana and finding commonsense so- Castro (TX) Hoyer Ruiz isiana? lutions to the problems that plague the Clyburn Kingston Rush There was no objection. Nation. Costa Lowenthal Shuster Cramer McCarthy (NY) Wasserman The SPEAKER. Will the Representa- One thing that I have come to know DeLauro Radel Schultz tive-elect and the members of the Lou- as a Member who represents Louisiana

VerDate Mar 15 2010 03:15 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A21NO7.025 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7334 CONGRESSIONAL RECORD — HOUSE November 21, 2013 is that, historically, we have not had DeSantis Lamborn Roe (TN) Loebsack Pascrell Sires the luxury of being partisan because of DesJarlais Lance Rogers (AL) Lofgren Pastor (AZ) Slaughter Diaz-Balart Lankford Rogers (KY) Lowey Payne Smith (WA) the many needs of our State. Duffy Latham Rogers (MI) Lujan Grisham Pelosi Speier With that, Mr. Speaker, I congratu- Duncan (SC) Latta Rohrabacher (NM) Peters (MI) Swalwell (CA) late our newest Member of the House Duncan (TN) LoBiondo Rokita Luja´ n, Ben Ray Pingree (ME) Takano (NM) Pocan and welcome him. Ellmers Long Rooney Thompson (CA) Enyart Lucas Ros-Lehtinen Lynch Polis Thompson (MS) Mr. BOUSTANY. I yield to the Farenthold Luetkemeyer Roskam Maffei Price (NC) Tierney statesman from Louisiana, Mr. VANCE Fincher Lummis Ross Maloney, Quigley Titus Carolyn Rangel Fitzpatrick Maloney, Sean Rothfus Tonko M. MCALLISTER. Matsui Roybal-Allard Fleischmann Marchant Royce Tsongas Mr. MCALLISTER. First, let me just Fleming Marino McCollum Ruppersberger Runyan Van Hollen Flores Massie McDermott Ryan (OH) say thank you. What an honor it is to Ryan (WI) Vargas Forbes Matheson McGovern Sa´ nchez, Linda be part of such an elite group, as well Salmon Veasey Fortenberry McAllister McNerney T. ´ as the many people that walked before Foxx McCarthy (CA) Sanford Meeks Sanchez, Loretta Velazquez us in these Halls of Congress. With that Franks (AZ) McCaul Scalise Meng Sarbanes Visclosky comes great honor and great value. Frelinghuysen McClintock Schock Michaud Schakowsky Walz Schrader Wasserman I want to say thank you to everybody Gallego McHenry Miller, George Schiff Garcia McIntyre Schweikert Moore Schneider Schultz in the gallery that got me here. I Gardner McKeon Scott, Austin Moran Schwartz Waters wouldn’t be here today if it wasn’t for Garrett McKinley Sensenbrenner Nadler Scott (VA) Watt them, and I wouldn’t be here today if it Gerlach McMorris Sessions Napolitano Scott, David Waxman Gibbs Rodgers Sewell (AL) Neal Serrano Welch wasn’t for these kids. Gibson Meadows Shimkus O’Rourke Shea-Porter Wilson (FL) As I always said—and I know we are Gingrey (GA) Meehan Shuster Pallone Sherman Yarmuth Gohmert Messer Simpson ready to get out of here—they didn’t NOT VOTING—14 raise no dummy, I can tell you that. I Goodlatte Mica Sinema Gosar Miller (FL) Smith (MO) Campbell Herrera Beutler Nolan didn’t get here by accident. Gowdy Miller (MI) Smith (NE) Capps Hoyer Radel I just want to say, let’s make sure we Graves (GA) Miller, Gary Smith (NJ) Castro (TX) Kingston Ruiz keep this country, our politicians, and Graves (MO) Mullin Smith (TX) Clyburn Lowenthal Rush Griffin (AR) Mulvaney Southerland Granger McCarthy (NY) everybody in our prayers. Let’s do the Griffith (VA) Murphy (FL) Stewart right thing by this country and take Grimm Murphy (PA) Stivers b 1213 care of business, like we should. Let’s Guthrie Negrete McLeod Stockman So the bill was passed. all work together. Hall Neugebauer Stutzman Hanna Noem Terry The result of the vote was announced f Harper Nugent Thompson (PA) as above recorded. Harris Nunes Thornberry A motion to reconsider was laid on Hartzler Nunnelee ANNOUNCEMENT BY THE SPEAKER Tiberi the table. Hastings (WA) Olson Tipton The SPEAKER. Under clause 5(d) of Heck (NV) Owens Turner Stated for: rule XX, the Chair announces to the Hensarling Palazzo Upton Ms. DELAURO. Mr. Speaker, I was unavoid- Holding Paulsen Valadao House that, in light of the administra- Hudson Pearce ably detained and so I missed rollcall vote No. Vela Huelskamp Perlmutter 610, the motion to recommit with instructions, tion of the oath to the gentleman from Wagner Huizenga (MI) Perry Louisiana, the whole number of the Walberg regarding the ‘‘Natural Gas Pipeline Permitting Hultgren Peters (CA) Walden House is now 432. Hunter Peterson Reform Act’’ (H.R. 1900). Had I been present, Walorski I would have voted ‘‘yes’’. f Hurt Petri Issa Pittenger Weber (TX) Ms. GRANGER. Mr. Speaker, on rollcall No. Webster (FL) NATURAL GAS PIPELINE Jenkins Pitts 611, I had to miss the vote for final passage Johnson (OH) Poe (TX) Wenstrup PERMITTING REFORM ACT Johnson, Sam Pompeo Westmoreland of H.R. 1900, the Natural Gas Pipeline Permit- Whitfield The SPEAKER. Without objection, 5- Jones Posey ting Reform Act because of a previously Jordan Price (GA) Williams scheduled event in my district with constitu- minute voting will continue. Wilson (SC) Joyce Rahall ents. Had I been present, I would have voted There was no objection. Kelly (PA) Reed Wittman The SPEAKER. The question is on King (IA) Reichert Wolf ‘‘aye.’’ King (NY) Renacci Womack Stated against: the passage of the bill. Kinzinger (IL) Ribble Woodall Mr. NOLAN. Mr. Speaker, had I been The question was taken; and the Kirkpatrick Rice (SC) Yoder Speaker announced that the ayes ap- Kline Richmond Yoho present on rollcall vote No. 611 (on passage peared to have it. Labrador Rigell Young (AK) of H.R. 1900) I would have voted ‘‘no.’’ LaMalfa Roby Young (IN) PERSONAL EXPLANATION RECORDED VOTE Mr. WAXMAN. Mr. Speaker, I de- NOES—165 Mr. LOWENTHAL. Mr. Speaker, on rollcall No. 605 on the Tonko (NY) amendment on mand a recorded vote. Andrews Davis (CA) Hanabusa A recorded vote was ordered. Bass Davis, Danny Hastings (FL) H.R. 1900, the Natural Gas Pipeline Permitting The SPEAKER. This will be a 5- Beatty DeFazio Heck (WA) Reform Act, I am not recorded because I was Becerra DeGette Higgins absent due to official business in my district. minute vote. Bera (CA) Delaney Himes The vote was taken by electronic de- Bishop (NY) DeLauro Hinojosa Had I been present, I would have voted ‘‘aye’’ vice, and there were—ayes 252, noes 165, Blumenauer DelBene Holt on the amendment. Bonamici Deutch Honda not voting 14, as follows: Mr. Speaker, on rollcall No. 606 on the Cas- Braley (IA) Dingell Horsford tor (FL) amendment on H.R. 1900, the Natural [Roll No. 611] Brown (FL) Doggett Huffman Brownley (CA) Doyle Israel Gas Pipeline Permitting Reform Act, I am not AYES—252 Butterfield Duckworth Jackson Lee recorded because I was absent due to official Aderholt Brady (PA) Coble Capuano Edwards Jeffries business. Had I been present, I would have Amash Brady (TX) Coffman Ca´ rdenas Ellison Johnson (GA) Amodei Bridenstine Cole Carney Engel Johnson, E. B. voted ‘‘aye’’ on the amendment. Bachmann Brooks (AL) Collins (GA) Carson (IN) Eshoo Kaptur Mr. Speaker, on rollcall No. 607 on the Bachus Brooks (IN) Collins (NY) Cartwright Esty Keating Speier (CA) amendment on H.R. 1900, the Barber Broun (GA) Conaway Castor (FL) Farr Kelly (IL) Natural Gas Pipeline Permitting Reform Act, I Barletta Buchanan Cook Chu Fattah Kennedy Barr Bucshon Costa Cicilline Foster Kildee am not recorded because I was absent due to Barrow (GA) Burgess Cotton Clarke Frankel (FL) Kilmer official business. Had I been present, I would Barton Bustos Cramer Clay Fudge Kind have voted ‘‘aye’’ on the amendment. Benishek Calvert Crawford Cleaver Gabbard Kuster Bentivolio Camp Crenshaw Cohen Garamendi Langevin Mr. Speaker, on rollcall No. 608 on the Bilirakis Cantor Cuellar Connolly Grayson Larsen (WA) Jackson-Lee (TX) amendment on H.R. 1900, Bishop (GA) Capito Culberson Conyers Green, Al Larson (CT) the Natural Gas Pipeline Permitting Reform Bishop (UT) Carter Daines Cooper Green, Gene Lee (CA) Act, I am not recorded because I was absent Black Cassidy Davis, Rodney Courtney Grijalva Levin Blackburn Chabot Denham Crowley Gutie´rrez Lewis due to official business. Had I been present, I Boustany Chaffetz Dent Cummings Hahn Lipinski would have voted ‘‘aye’’ on the amendment.

VerDate Mar 15 2010 03:15 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00022 Fmt 7634 Sfmt 9920 E:\CR\FM\K21NO7.044 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 21, 2013 CONGRESSIONAL RECORD — HOUSE H7335 Mr. Speaker, on rollcall No. 609 on the Din- the committee staff can administer the TYPHOON YOLANDA gell (MI) amendment on H.R. 1900, the Nat- oath and see that the executed form is (Ms. DUCKWORTH asked and was ural Gas Pipeline Permitting Reform Act, I am sent to the Clerk’s office. In addition, given permission to address the House not recorded because I was absent due to offi- the committee’s rules require that for 1 minute and to revise and extend cial business. Had I been present, I would Members agree in writing to a non- her remarks.) have voted ‘‘aye’’ on the amendment. disclosure agreement. The agreement Ms. DUCKWORTH. Mr. Speaker, Mr. Speaker, on rollcall No. 610 on the Mo- indicates that Members have been today, I stand with my neighbors in Il- tion to Recommit H.R. 1900, the Natural Gas granted access to the classified Annex linois and express my deepest sym- Pipeline Permitting Reform Act, I am not re- and that they are familiar with the pathies to the victims of Typhoon Yo- corded because I was absent due to official rules of the House and the committee landa. More than 4,000 Filipinos died in business. Had I been present, I would have with respect to the classified nature of this tragedy, and millions more are voted ‘‘aye’’ on the amendment. the information and the limitations on now in need of assistance. Mr. Speaker, on rollcall No. 611 on Final the disclosure of that information. While we mourn for those who suffer, Passage of H.R. 1900, the Natural Gas Pipe- f I am also inspired by the resilience of line Permitting Reform Act, I am not recorded the victims and of the generosity of the because I was absent due to official business. HOUR OF MEETING ON TOMORROW American people. I want the people of Had I been present, I would have voted ‘‘nay.’’ Mr. ROGERS of Michigan. Mr. the Philippines to know that we stand f Speaker, I ask unanimous consent that with you. Our brave men and women stationed ANNOUNCEMENT REGARDING when the House adjourns today, it ad- in Okinawa were on the ground, evacu- CLASSIFIED SCHEDULE OF AU- journ to meet at 10 a.m. tomorrow. ating victims and dispersing supplies THORIZATIONS AND CLASSIFIED The SPEAKER pro tempore (Mr. within 2 days of the storm hitting. ANNEX ACCOMPANYING INTEL- YOHO). Is there objection to the request Local communities throughout the LIGENCE AUTHORIZATION ACT of the gentleman from Michigan? United States, including my district, FOR FISCAL YEAR 2014 There was no objection. are also helping. Motorola Solutions, Mr. ROGERS of Michigan. Mr. f based in Schaumburg, Illinois, and its Speaker, I wish to announce to all employees have already donated Members of the House that the Perma- REMOVAL OF NAME OF MEMBER $150,000 and emergency equipment to nent Select Committee on Intelligence AS COSPONSOR OF H.R. 1698 help with the recovery. We in the has ordered the bill, H.R. 3381, the In- Mr. GENE GREEN of Texas. Mr. Eighth District will not forget our Fili- telligence Authorization Act for Fiscal Speaker, I ask unanimous consent that pino friends and families. Year 2014, reported favorably to the the gentleman from Colorado (Mr. Yesterday, members of the Illinois House with amendments. The commit- COFFMAN) be removed as a cosponsor congressional delegation and I also tee’s report will be filed next Monday. from H.R. 1698. sent a letter to Secretary Hagel, ask- Mr. Speaker, the classified Schedule The SPEAKER pro tempore. Is there ing that the men and women of the Illi- of Authorizations and the classified objection to the request of the gen- nois National Guard be allowed to fly Annex accompanying the bill will be tleman from Texas? their C–130s of supplies, collected in Il- available for review by Members at the There was no objection. linois, to the Philippines in order to as- offices of the Permanent Select Com- sist with the recovery. I know the dedi- mittee on Intelligence in room HVC–304 f cation and professionalism of these of the Capitol Visitors Center begin- AMERICAN ENERGY men and women, and I am certain that ning any time after this report is filed. INDEPENDENCE their contribution will save lives. The committee office will be open dur- Citizens of the world look to the ing regular business hours for the con- (Mr. THOMPSON of Pennsylvania United States for leadership in difficult venience of any Member who wishes to asked and was given permission to ad- times; and time and again our Nation review this material prior to its consid- dress the House for 1 minute and to re- has stepped forward to help those in eration of the House. I anticipate that vise and extend his remarks.) need. I am proud that America is doing H.R. 3381 will be considered in the Mr. THOMPSON of Pennsylvania. so much to help the victims of Ty- House in the near future. Mr. Speaker, just a couple of years ago, phoon Yolanda, but I also know that America was on a path to spending b 1215 that need, that that assistance will be hundreds of billions of dollars more a needed well into the future as the Phil- I recommend that Members wishing year on energy imports to fulfill its en- ippines continue to recover. to review the classified Annex contact ergy needs—money that could other- Again, to our Filipino friends and the committee’s Director of Security wise be used to invest in our kids and families, we stand with you. to arrange a time and date for that to pay down our debt. f viewing. This will ensure the avail- Today, due to shale oil and natural ability of committee staff to assist gas activity, the U.S. is set to leapfrog REALITY CHECK PROGRAM Members who desire assistance during Saudi Arabia and Russia to become the (Mr. POSEY asked and was given per- their review of these classified mate- world’s biggest producer of oil and gas mission to address the House for 1 rials. and, by 2035, capable of providing all of minute and to revise and extend his re- I urge interested Members to review its own energy. This activity also con- marks.) these materials in order to better un- tributed over 1.7 million jobs in 2012 Mr. POSEY. Mr. Speaker, I want to derstand the committee’s recommenda- and saved American families $100 per draw attention to a positive program tions. The classified Annex to the com- month in the form of lower energy that helps young people make better mittee’s report contains the commit- bills. choices. It is called the Reality Check tee’s recommendations on the intel- These amazing strides towards great- Program, and it was founded by Larry ligence budget for the fiscal year 2014 er energy independence and a better Lawton of West Melbourne, Florida. and related classified information that standard of living for more Americans In his youth, Mr. Lawton lived a life cannot be disclosed publicly. are due to energy development taking of crime, and that ultimately landed It is important that Members keep in place not on Federal lands but on State him in Federal prison for 11 hard years. mind the requirements of clause 13 of and private lands, regulated not by the Upon his release, Larry dedicated his House rule XXIII, which permits access Federal Government but by our States. life to helping kids everywhere make to classified information by only those This week, the House acted on poli- better choices by reaching at-risk Members of the House who have signed cies to keep us on this path to greater young people before they make serious the oath provided for in the rule. energy security—a future where Amer- mistakes. Larry uses his experiences in If a Member has not yet signed the ica is less reliant on the rest of the prison to show kids the truth about oath but wishes to review the classified world to fulfill its energy and power where that path leads and what life in Annex and Schedule of Authorizations, needs. prison is really like.

VerDate Mar 15 2010 02:24 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A21NO7.030 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7336 CONGRESSIONAL RECORD — HOUSE November 21, 2013 The Reality Check Program has can change their actions. They must be why I propose to bring back the Fed- earned recognition from many in local forced to stop nuclear weapon develop- eral tax credit for small campaign con- law enforcement, from county and ment with tougher sanctions. The Su- tributions. Today, I have introduced State judges and, of course, from fami- preme Leader made it clear that he the Citizen Involvement in Campaigns lies and, possibly, wayward kids. In does not feel any pressure to give in. Act. Under this legislation, individuals Missouri, the Lake St. Louis Police De- When I met with Prime Minister who donate amounts up to $200 to a partment enlisted Larry Lawton as an Netanyahu 2 weeks ago, he reiterated Federal campaign could receive a tax honorary deputy. that the West needs to understand that credit equal to that contribution. Helping kids make better choices Iran’s goal is to destroy Israel and the With more and more campaign oper- makes for healthier families, safer United States. ations moving to Web sites and online communities, and a stronger Nation. I Letting up on sanctions increases the resources, campaigns could tilt the salute the program. chances Iran will get nuclear weapons, playing field away from special inter- f and war will result. Now is not the ests and large donors and empower PANCREATIC CANCER AWARENESS time to appease the bully aggressor small donors and average Americans. MONTH from the desert—Iran. This bill is a step in the right direction And that’s just the way it is. of encouraging greater participation in (Mr. BEN RAY LUJA´ N of New Mex- f our campaigns, and I urge my col- ico asked and was given permission to leagues to cosponsor this legislation. address the House for 1 minute and to THE HASTERT RULE revise and extend his remarks.) (Mr. DEUTCH asked and was given f Mr. BEN RAY LUJA´ N of New Mexico. permission to address the House for 1 P5+1 NEGOTIATIONS WITH IRAN Mr. Speaker, November is Pancreatic minute.) Cancer Awareness Month, which is Mr. DEUTCH. Mr. Speaker, Speaker (Mr. CONYERS asked and was given when we bring awareness to a disease BOEHNER says that the Hastert rule de- permission to address the House for 1 that takes the lives of too many men mands that he only allow votes on bills minute and to revise and extend his re- and women. that are supported by a majority of his marks.) Pancreatic cancer is the 10th most own party instead of a majority of the Mr. CONYERS. Members of the commonly diagnosed cancer in men whole House. House, I rise to speak about the nego- and the ninth most in women, but it is Last weekend, a constituent asked tiations under way in Geneva today be- the fourth leading cause of cancer me where the Hastert rule came from. tween the five permanent members of deaths. Sadly, it is estimated this year I did a little research. It doesn’t exist. the U.N. Security Council plus Ger- that 73 percent of patients with this Not a single page of this book—the many. disease will die within the first year of House manual of rules and proce- Mr. Speaker, those negotiations have diagnosis. dures—contains the Hastert rule. That the potential to lead to a peaceful reso- While these statistics are daunting, I is because bills in the House need votes lution to the standoff over Iran’s nu- believe that Pancreatic Cancer Aware- from a majority of all Members, not by clear program. If successful, these ne- ness Month is a time for hope. It is a a majority of any party. gotiations could put in place the re- time when we stand up and call atten- The Speaker, himself, knows that the strictions and intrusive inspections tion to this disease and when we call Hastert rule is no rule at all. That is needed to ensure that Iran’s nuclear for more research to find better meth- why, whenever extremists bring us to program is used exclusively for peace- ods of early detection. It is a time to the brink of default or insist on a cost- ful purposes. share the stories of those we have lost ly government shutdown, the Speaker With a significant diplomatic break- in the hope that they will help spur ac- brushes it aside and relies on support through within reach, now is not the tion and move us closer to more effec- from reasonable Republicans and time to consider new sanctions which tive treatments. Democrats. could derail the negotiations and Mr. Speaker, pancreatic cancer pa- strengthen the position of those in Iran tients and their families are among the The Hastert rule is only used to pre- vent votes Americans actually want. who oppose a settlement with the countless Americans who are demand- United States. ing that we fix sequestration, which They want us to pass reasonable gun has reduced funding for the National laws, to pass ENDA, to protect LGBT f Institutes of Health and the National Americans from discrimination. They b 1230 Cancer Institute and which has held want us to pass commonsense immigra- tion reform, and they want us to pass a back progress toward lifesaving med- CONGRATULATIONS TO THE minimum-wage increase. ical research. It is critical that we all BOSTON RED SOX This week, the GOP reminded us that work together to fight this terrible dis- (Mr. RODNEY DAVIS of Illinois ease. it has no agenda. Don’t use the non- existent Hastert rule to block the asked and was given permission to ad- f agenda of the American people. dress the House for 1 minute and to re- IRAN STILL WANTS NUKES f vise and extend his remarks.) Mr. RODNEY DAVIS of Illinois. Mr. (Mr. POE of Texas asked and was CIVIC ACT given permission to address the House Speaker, I rise today to remind all for 1 minute and to revise and extend (Mr. PETRI asked and was given per- Americans that we should pay our his remarks.) mission to address the House for 1 debts. Mr. POE of Texas. Mr. Speaker, the minute and to revise and extend his re- I stand here today to pay a debt for world was reminded yesterday why marks.) a friendly wager I made with my col- Iran should not get a nuclear weapon— Mr. PETRI. Mr. Speaker, today’s league JOE KENNEDY, and I rise to offer it would be a constant threat to Israel. elections are costing more and more my congratulations to the Boston Red In a rally in Iran, the Supreme Lead- each year. Sox for winning the World Series. The er denounced Israel as ‘‘untouchable According to the Center for Respon- Red Sox overcame a 2–1 series lead and rabid dogs.’’ He then went on to talk sive Politics, winning candidates spent rattled off three straight victories to about Iran’s nuclear program. an average of $1.5 million in the 2011– capture the 2013 championship. On the same day that negotiators 2012 election cycle. More than $4 billion I certainly think that the Boston Red met in Geneva, the Supreme Leader was contributed to campaigns during Sox showed the St. Louis Cardinals and said that Iran will not back down one the last cycle, with 63 percent of this the rest of the world why they are de- iota. He vowed that Iranians would total coming from donors who gave serving of the slogan ‘‘Boston Strong.’’ slap the aggressors in the face in a way more than $200. However, I hope that this series win that they would not forget. Most would agree that the ideal way will forever erase the curse of the Bam- Mr. Speaker, we cannot change the to finance political campaigns is bino. Yes, Red Sox fans, no more ex- Iranians’ philosophy of hate, but we through a broad base of donors. This is cuses for losing.

VerDate Mar 15 2010 03:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.048 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 21, 2013 CONGRESSIONAL RECORD — HOUSE H7337 50TH ANNIVERSARY OF JOHN F. TOPICS OF THE DAY stitution. Privacy and national secu- KENNEDY’S ASSASSINATION (Ms. JACKSON LEE asked and was rity are not mutually exclusive. (Mr. VEASEY asked and was given given permission to address the House That is why I am a cosponsor of the permission to address the House for 1 for 1 minute.) LIBERT-E Act, the USA FREEDOM minute.) Ms. JACKSON LEE. Mr. Speaker, Act, and the NASA Inspector General Mr. VEASEY. Mr. Speaker, tomorrow there are remaining issues of justice Act to help address many of these will mark 50 years since President that this House must address. issues. John F. Kennedy’s tragic assassination First, let me offer my deepest sym- I urge my colleagues in the House in Dallas, Texas. pathy to the people of the Philippines and Senate, both Republicans and As Americans pause to remember who, as you look at the landscape, 10 Democrats, to stand up for liberty. President Kennedy’s legacy of public million people have been affected, 4,011 f service and fight toward achieving ra- deaths, and 4.4 million people dis- INSPIRING A SENSE OF IDEALISM, cial equality, north Texas will host placed. We must come together as a SPIRIT OF PUBLIC SERVICE IN events related to the occasion, both in Nation and come together as a Con- THE AMERICAN PEOPLE Dallas and Fort Worth. gress and provide the resources. Let me (Mr. COHEN asked and was given per- A dear friend and mentor, former salute the United States military and mission to address the House for 1 House Speaker Jim Wright, who ac- our marines who landed first who are a minute and to revise and extend his re- companied the President on that fate- lifeline to those people. Let me say to marks.) ful day, will be a special guest at the them that we are with you. Mr. COHEN. Mr. Speaker, I rise Fort Worth Chamber of Commerce Then I want to say that the Senate today because tomorrow is the 50th an- High Impact 50th Anniversary Break- has addressed the justice issue ENDA niversary of the assassination of Presi- fast at the Downtown Fort Worth Hil- for the LGBT community. How can we dent John F. Kennedy. ton. Formerly known as the Hotel stand here on the precipice of honoring President Kennedy inspired me to get Texas, it is where President Kennedy great leaders and not recognize that into government. I was only 14 years spent his last night and delivered one there are people who need human dig- old when he passed. His death left an of his final two speeches. nity? Pass ENDA now. indelible mark on me and everybody of President Kennedy defied a tumul- And let me pay tribute to the 50th my generation who experienced that tuous era of racial and gender discrimi- year of the assassination of President national sharing of grief that went on nation by promoting forward-thinking John F. Kennedy and salute him—yes, that weekend. policies for the sake of progress. Ken- salute him—as one of the greatest lead- President Kennedy was a person who nedy also defined the civil rights crisis ers and visionaries—Camelot—who led said that politics is an honorable pro- as moral, as well as constitutional and this country and inspired this country fession. I believe it is, and I believe legal. to greatness and service. We owe a debt people should get involved in politics As we commemorate President Ken- of gratitude and appreciation to the and public service. nedy’s life and the historic impact he legacy of his family and to the service He founded the Peace Corps and had on the Dallas-Fort Worth area and they have given. asked people to ‘‘ask not what your the Nation, I call upon my colleagues To President John F. Kennedy, may country can do for you, but what you to work together to ensure that the he rest in peace and thank him for in- can do for your country,’’ which was a legacy that inspired a generation lives spiring millions of people. call for service. on. f It was a great loss to our Nation. He f gave a great deal to our country. I STAND UP FOR LIBERTY would ask everybody to watch the TV RURAL HEALTH (Mr. YOHO asked and was given per- specials, to read as much as they can, (Mr. SMITH of Nebraska asked and mission to address the House for 1 and to learn what they can about an was given permission to address the minute and to revise and extend his re- honorable gentleman who tried to in- House for 1 minute and to revise and marks.) spire people to get into government extend his remarks.) Mr. YOHO. Mr. Speaker, the Amer- and do the right thing. Mr. SMITH of Nebraska. Mr. Speak- ican people are losing trust in their I thank his family for his coming er, I rise today to acknowledge Na- government. The continuous dragnet along because it inspired me. I got to tional Rural Health Day. collection of data by the NSA is just see him in Memphis when he cam- The Third District of Nebraska spans one of the many reasons why. paigned. He is my hero. 75 counties and contains hundreds of Liberty and privacy are the founda- f small towns and over 50 critical-access tions for which this country was estab- hospitals. The providers who serve lished. Even though emails have re- 50TH ANNIVERSARY OF THE AS- these communities face many chal- placed most handwritten letters and SASSINATION OF JOHN F. KEN- lenges without the heavy hand of gov- phone calls have replaced many face- NEDY ernment. to-face conversations, these principles (Mr. ROTHFUS asked and was given In particular, I am concerned about still endure today. permission to address the House for 1 physician supervision regulations The administration defends PRISM minute and to revise and extend his re- which may be released by the Centers and similar programs by relying on marks.) for Medicare and Medicaid Services ‘‘warrants’’ whose mere existence Mr. ROTHFUS. Mr. Speaker, tomor- later this month. Physicians, nurses, mocks the Constitution. The FISA row, November 22, we mark the 50th and ancillary staff in rural facilities Court proceedings where these war- anniversary of one of the saddest days are highly trained and experienced in rants originate take place behind in American history. determining the appropriate level of closed doors and cater only to the gov- This anniversary affords us the op- patient care. ernment’s case for increased surveil- portunity to remember President John Failure to allow practitioners the lance. In these secret, one-sided pro- F. Kennedy, who also served in this necessary discretion to manage care ceedings, no one is there to advocate House, and to reflect on his idealism administration may actually limit the on behalf of privacy and individual lib- and spirit of public service that he in- access to basic services and could fur- erty. No one is there to advocate on be- spired in the American people. ther discourage physicians from seek- half of the American people. President Kennedy encouraged all ing rural positions. With no requirements for public dis- Americans to dream big dreams, like I will continue to fight to ensure our closure of the Court’s decision, Con- putting a man on the Moon by the end rural communities maintain access to gress and the American people are left of that decade. He reminded us that the quality care, and I appreciate the in the dark. This is unacceptable. this country is capable of great feats opportunity to recognize National Maintaining a secure Nation can be when the American people come to- Rural Health Day. done within the bounds of the Con- gether with a defined mission.

VerDate Mar 15 2010 02:24 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.050 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7338 CONGRESSIONAL RECORD — HOUSE November 21, 2013 As President Kennedy said in 1961: country; and I immediately responded I think that going back on those con- It will not be one man going to the Moon; when he created the Peace Corps. I am stitutional foundations and looking at it will be an entire Nation. For all of us must wearing this button today proudly as a how this particular President has made work to put him there. return Peace Corps volunteer. claims of his authority to essentially President Kennedy’s goal was My thoughts are as we sort of enter put aside the law or change the law achieved on July 20, 1969, when Apollo into the next half century of thought should cause us great concern. 11 Commander Neil Armstrong was the about America and service, President For example, with this employer first person to step on the Moon. Kennedy not only urged us to go to mandate aspect of ObamaCare, the It is good to remember how President space; he urged us to send our people to statute said very clearly it shall take Kennedy inspired a Nation. The torch places where no person had ever gone effect this January 2014. of freedom President Kennedy de- before, no American had ever been; to Well, that, obviously, would have scribed in his inaugural speech has now all of these remote countries in pov- been disastrous had they implemented been passed to yet another generation. erty situations and places where no- that. We in the House were willing to Let this generation celebrate President body had ever lived. It changed the delay it by statute. The President Kennedy’s sense of idealism and public image of America around the world so chose to do it by executive fiat. service every day. positively. b 1245 So for you young people that are f And then most recently with the idea thinking about the future, don’t think that ObamaCare was causing people to TYPHOON HAIYAN of America as just a platform to make lose their plans, a lot of people in this (Ms. GABBARD asked and was given money. America is the platform to body said, Look, we ought to grand- permission to address the House for 1 launch peace and understanding around father these plans in; let people keep minute.) the world. Join the Peace Corps, serve their plans. The President threatened Ms. GABBARD. Mr. Speaker, on be- this country, call for service. It is hon- to veto that, and then he issued, essen- half of the people of my home State of orable. tially, an executive order saying he is Hawaii, I stand today to send our f going to extend the grandfather clause heartfelt condolences to the victims of ANNOUNCEMENT BY THE SPEAKER and not enforce the ObamaCare man- Super Typhoon Haiyan in the Phil- PRO TEMPORE date that is causing the cancelations. So, on the one hand, ObamaCare is a ippines. The SPEAKER pro tempore (Mr. Like so many people in Hawaii and holy writ that people in Congress are BENTIVOLIO). The Chair will recognize not allowed to touch in any way with around the world, I and my family have Members for Special Order speeches loved ones, friends, and others who our Article I power, but the President without prejudice to the possible re- can essentially pick and choose which were affected by this devastation in sumption of legislative business. Tacloban City and in other areas of the parts to enforce, which parts to delay, Philippines, and they have been at the f and who to grant waivers to. That ulti- forefront of our thoughts and prayers. OBAMACARE mately is not sustainable, and it con- flicts with the basic structure of Amer- In the wake of such a horrible trag- The SPEAKER pro tempore. Under edy, the positive that we can find is the ican Government. the Speaker’s announced policy of Jan- The American Revolution, if you outpouring of compassion, support, uary 3, 2013, the gentleman from Texas and, most importantly, aloha from my read the Declaration of Independence, (Mr. GOHMERT) is recognized for 60 it was a revolt against executive power State towards the people in the Phil- minutes as the designee of the major- ippines. and the British King. Jefferson lists all ity leader. the abuses that they were revolting The Hawaii Air National Guard is Mr. GOHMERT. Mr. Speaker, first of against. One of the things that he men- working with the U.S. Pacific Com- all, it is my honor to yield to a good tioned was that King George III, what mand as we speak, which is based in friend whom I have tremendous respect King George III had done wrong was for Hawaii, as collectively they provide for, from the State of Florida, my abolishing our most valuable laws and unparalleled air, maritime, and ground friend, RON DESANTIS. altering, fundamentally, the form of support to the aid efforts of the Phil- Mr. DESANTIS. I thank the gen- government. ippines authorities. All across Hawaii, tleman from Texas. Students in school throughout Amer- as across the world, we are seeing busi- Mr. Speaker, I am struck by having ica are taught, Congress passes the law nesses, nonprofits, and individuals been here to witness something that I and the President can sign or veto the standing up individually and taking think is pretty neat. We had a newly law, and the President has the duty to the time and energy to raise resources sworn in Member take the oath of of- enforce the law. Now, there is certainly and to provide support to these aid ef- fice to become a Member of this body. prosecutorial discretion that comes forts, to these relief efforts, and help- Part of it is neat because he got en- with that. If the President has a good- ing to reunite families and friends and dorsed by Duck Dynasty, which I know faith belief that a law is unconstitu- communities. a lot of people like; but it was neat be- tional, of course they have to prefer I continue to pray for all those who cause I think it reminds us what our the Constitution to the statute. But have lost homes, family, and friends, duties are here. He was asked to take here, this President has not made any and encourage all who are able to con- an oath of office right here in the well claim that ObamaCare is unconstitu- tribute in any way possible in this re- of the House. That oath was very sim- tional; and, indeed, he can’t, because it covery effort. ple. It charged him with the duty to is his signature piece of legislation. f support and defend the Constitution of I think the key thing to think about the United States against all enemies, is the Founding Fathers did not create 50TH ANNIVERSARY OF THE AS- foreign and domestic. separation of powers, checks and bal- SASSINATION OF JOHN F. KEN- I think we need to have more of a re- ances because they thought that stu- NEDY minder that that is our duty here. I am dents would need something to study (Mr. FARR asked and was given per- struck by reading the Constitution and in civics class. They did it because, ul- mission to address the House for 1 how the Founding Fathers laid out sep- timately, that structure of government minute and to revise and extend his re- aration of powers and checks and bal- was the surest way to protect the indi- marks.) ances. vidual liberty of the American people Mr. FARR. Mr. Speaker, as we reflect For example, article I states clearly: and to preserve and maintain the rule on the 50 years since the passing of All legislative powers shall be vested in a of law. President Kennedy, I want to reissue Congress of the United States. I think disputes that we have regard- that thought about call for service. He Article II prescribes authority for the ing what this particular President may struck me in his inaugural address of President and imposes a duty on him do should not even be about him, per asking not what this country can do to take care that the laws be faithfully se, because that just gets lost in par- for you, but what you can do for the executed. tisanship back and forth. I think when

VerDate Mar 15 2010 03:15 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.051 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 21, 2013 CONGRESSIONAL RECORD — HOUSE H7339 we see any President taking steps that The Washington State exchange Web site able coverage for consumers,’’ spokesman may not comport with how the struc- Washington Healthplanfinder originally gave Eric Earling said in an email. ture of the government was intended to Sanford a quote for coverage that would in- That brings up the point, the Presi- operate, we have to think about what sure both her and her son for $169 per month. dent wanted to provide everybody precedent that sets, not just tomorrow, But after a series of corrections—and health insurance; and some of us, like but 50 years from now. And so I have she was one of the few people who was me, were more concerned about getting introduced a resolution that enumer- able to get through on the Web site— them quality health care that was af- ates some of the instances in which the she gets a quote, and it turns out that fordable. All this talk about insurance, President has gone beyond using execu- it was entirely wrong. It makes you insurance, insurance, the bigger, more tive discretion and is essentially re- wonder how many people got the wrong important question should have been writing the law, either by failing to en- quote and won’t find out and won’t re- can we get them health care they can force entirely or suspending affirma- alize they did and will end up January afford. tively different provisions of the law. 1 without insurance thinking they One of the biggest promises was it Much has been said recently about signed up, thinking they bought a pol- will lower most everybody’s cost, and the failure of this core promise with re- icy they can afford only to find out it turns out that was not true at all ei- spect to ObamaCare, that if you like they couldn’t afford it. ther. There are some in States, in a your plan, you can keep it can. Obvi- In this case, it says the ObamaCare State like New York, where it was ously, we are seeing that is not true. exchange Web site originally cal- overpriced previously where it has We are going to continue to see that. culated Sanford would be eligible for a come down some. But overall, when People are going to lose doctors, and it Federal ObamaCare tax credit that you add 18,000 new IRS agents that will really is a deception on a massive would lower her monthly premium not ever even apply a Band-Aid, they scale. total by $452 per month, prompting the may cause a bunch of ulcers, but they So I was thinking, you like your effusive letter that Obama read out will never provide any health care. And plan, you keep your plan; that obvi- loud during a White House speech. they are not from the U.S. Government ously didn’t work. Maybe we should get I am a single mom, no child support, self- to help you. They are there to go everyone in Congress and the White employed, and I haven’t had health insur- through all of your most important House to agree with this simple propo- ance for 15 years because it is too expensive. and most personal decisions with you— sition: if you take an oath to the Con- I was crying the other day when I signed up, the IRS. Go figure. so much stress lifted. stitution, you should keep your oath to This institution, the IRS, this agency the Constitution. So the President was quick to share that we find out got weaponized by the I thank the gentleman from Texas Ms. Sanford’s gratitude and said: Obama administration to go after peo- for yielding to me, and I know you will Sanford’s experience is what the Affordable ple they disagreed with. Richard Nixon be someone who will take that oath se- Care Act is all about. had an enemy’s list, but he never could riously. He went on: do much with it. This administration Mr. GOHMERT. I thank the gen- The essence of the law, the health insur- has an enemy’s list, and they have tleman from Florida. What a profound ance that is available to people, is working really gone after people and made them novel idea: if you take the oath, you just fine. In some cases, it actually is exceed- suffer for having a different political should keep it. And that doesn’t even ing expectations. The prices are lower than opinion than this administration. we expected; the choice is greater than we This article points out: mean if you like it. It is just, if you expected. take the oath, you should keep it. For example, a pediatric appendectomy at But this article points out that San- Children’s costs about $23,000. At another As my friend, Mr. DESANTIS was community hospital, the cost is closer to pointing out, there are so many prob- ford was one of 8,000 people to be af- fected by 4,600 policies sold on the $14,000. Melzer said his hospital often bills lems with the ObamaCare bill. And I more than community hospitals for com- know the President referred to the bill Washington exchange that had been parable procedures because the children it as ‘‘ObamaCare’’ many times and said quoted premium rates that were too treats are often gravely ill, so even a routine he was proud to do so, and so I cer- low. tonsillectomy may be more complicated. tainly don’t mean any disrespect or Ms. Sanford said: But as a result, families like Jeffrey I was dumbfounded. I thought this was a Blank’s, which has relied on Seattle Chil- anything like that. On the other hand, dren’s since his daughter, Zoe, received a it is extremely difficult to call it the total mistake; they’re going to correct this. This isn’t true. rare diagnosis of a rare bone disorder, face ‘‘Affordable Care Act’’ when you know Now she says she can’t even afford difficult decisions. Under some of the new it is not affordable. law’s health plans, the family would no And a great indication of just how af- the cheapest Bronze ObamaCare plan. longer be able to take Zoe to Children’s for fordable it is came from a lady named ‘‘I was like, forget that. I’m not going her routine checkups, or it could count as an Jessica Sanford. I heard the President to pay.’’ So she is going uninsured. ‘‘out-of-network’’ visit, saddling the family at a press conference read the letter Sanford now says of ObamaCare: with huge bills. You are stuck on this big treadmill of bu- As the pro-life movement warned during from Jessica Sanford from Washington its adoption in Congress, health care will be State. And when I heard it, I thought, reaucracy. And, you know, it feels very out of control. rationed and health care access will be lim- well, good. At least somebody has been ited when the government gets involved. able to find something good from This article from today—this after- These lessons have been seen for decades in ObamaCare, because in my office we noon, actually—from Steven Ertelt, en- nations like Canada and England, and the have heard from so many people who titled, ‘‘ObamaCare Denies Hospital United States is now following suit. have already been adversely affected. Choice for Blind Child With Rare Bone It makes such a great point, because So I thought, well, great. Three hun- Disease,’’ says: when you add 18,000 IRS agents to be dred-plus million people in the United As The Washington Post reports, a number even more intrusive and get into your States, he found one person that had a of the Nation’s top hospitals—including the most private decisions about health letter he could read from Jessica San- Mayo Clinic in Minnesota, Cedars-Sinai in care and your own health, they not Los Angeles, and children’s hospitals in Se- ford. Then it turns out, this article attle, Houston, and St. Louis—are cut out of only may cause you ulcers or create from the Daily Caller on November 19: most plans sold on the exchange. In most problems, they don’t help at all. And I Jessica Sanford received a major shout-out cases, the decision was about the cost of have no idea what the average IRS sal- last month when President Barack Obama care. ary will be. I would imagine the IRS’ mentioned her fan letter lauding her cheap, Here is how ObamaCare is hurting one fam- average salary will be a lot higher than new ObamaCare coverage. But the Wash- ily: $56,000. But if you just take $56,000 as ington State business owner has now been In Seattle, the region’s predominant in- the average for the 18,000 IRS agents, it informed that she can’t even afford the surer, Premera Blue Cross, decided not to in- means that a billion dollars next year cheapest ObamaCare exchange plan in her clude the children’s hospital as an in-net- State. ‘‘I’m really terribly embarrassed,’’ work provider except in cases where the will go for IRS agents to harass you, Sanford told the Washington State Wire. ‘‘It service sought cannot be obtained anywhere that will come out of money that has completely turned around on me. I mean, else. ‘‘Children’s nonunique services were too should be going to health care, and it is completely.’’ expensive given the goal of providing afford- not going to help you a bit.

VerDate Mar 15 2010 02:24 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.053 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7340 CONGRESSIONAL RECORD — HOUSE November 21, 2013 In fact, they are playing for the other Here is an article from yesterday on An interesting CBS poll from yester- team. They are out after you, not out foxnews.com: Second Wave of Health day points out that 84 percent of Demo- to help you. And then when you add in Plan Cancelations Looms. It says: crats want ObamaCare changed or re- all of these millions of navigators and A new and independent analysis of pealed. I had not seen that before, that you add in all the tens of thousands, ObamaCare warns of a ticking article. maybe some make over $100,000, and I timebomb, predicting a second wave of So it is important to understand just am sure some of them will that are in- 50 million to 100 million insurance pol- what is at stake with ObamaCare. volved in this whole navigator process, icy cancelations next fall—right before These things are kind of worn. I have not the lowest level but some surely the mid-term elections. The next round been through them so much, and I had will, and you think about all the bil- of cancelations and premium hikes is gone through and read the bill so I lions of dollars over the next years expected to hit employees, particularly would know what was in it before I that will be spent for navigators that, of small businesses. voted, which is why I voted against it. as we heard here in testimony from It goes on to say: There are things in here—and I will Kathleen Sebelius herself, yes, they As reported by AEI’s Scott Gottlieb, some just hit a few since people are now can be convicted of a felony and we businesses got around this by renewing their waking up as this thing has become a won’t catch it because we are not policies before the end of 2013. But the relief reality. People are starting to wake up checking on that kind of thing. is temporary, and they are expected to have and realize that, wait a minute, this to offer in-compliance plans for 2015. Accord- b 1300 was not such a good idea. ing to Gottlieb, that means beginning in Oc- When there were some who were con- As a former judge who sentenced peo- tober 2014 the cancelation notices will start cerned here in this room about the ple to prison—for example, I never sent to go out. President representing that abortions a woman to prison for felony welfare So the millions of cancelations that would not be paid for under fraud when her crime was getting a job have gone out now—people make the ObamaCare, some of us had read the to try to get out of the hole the gov- mistake of saying 5 million people. bill—I think at that point it was the ernment lured her into by promising That is 5 million policies. That is the 1,000-page bill, and then the one that checks for every child she could have information I have got. There are mil- came out of the committee, and then out of wedlock. I do believe in holding lion policies approximately so far. somehow it magically became around people accountable. I would sentence That is a lot more than 5 million peo- 2,000 pages, and then we end up with them, give them probation, and then do ple. That could be 15 million, 20 million my copy, which is just under 2,500. things like either max them out or people. come close to maxing out 800 hours of At page 119, this was a comfort to This article is exactly right. AEI is some people when they read: community service, but then make exactly right that come next year, a very clear as an incentive that if you lot of people—we have heard this, Mr. The services described in this clause are abortions for which the expenditure of Fed- get your GED or high school diploma, Speaker, that a lot of people have been then I’ll knock out 750 hours, to urge eral funds appropriated for the Department renewing their policies now before the of Health and Human Services is not per- them to go forward and help them- end of the year so that they don’t com- mitted based on the laws in effect at the date selves, which ultimately helps society. pletely lose it until next year around that is 6 months before the beginning of the That is the kind of thing government is this time. Next fall, there will be mil- plan year. supposed to do. lions and millions and millions more But then it does have a provision Instead, this government, for too who will get those notices of that abortions with public funding are long, going back to the Great Society cancelations. allowed. days, has incentivized things that lured As a result, this article from Mar- Then the next section: people away from their God-given po- guerite Bowling points out, Obama’s tential. It hasn’t helped them; it has Prohibition on Federal Funds for Abortion. legacy will be more Americans than Services in Community Health Insurance Op- lured them away from their potential. ever reject government enrolled health tion. Here we are now with ObamaCare not care. It then points out the way it has That is the last I can find of abortion just luring people away from their gone from 64 percent and even up to 69 specifically being mentioned. health care, it has put a wall up be- percent wanting government to be re- What gets really clever, since we now tween them and their health care. sponsible for their health care to now I knew when I would hear our friends are of the Information Age where you dropping to 42 percent of Americans be- across the aisle here in the House and can go online and see bills and you can cause people have begun to see what so in the Senate talk about how health in- do an electronic word search, if you go many of us have been talking about for surance is a right,—well, it is not in online and do an electronic word search the Constitution as a right. I was more a number of years: the best solution is for the word ‘‘abortion’’—I didn’t see concerned about ‘‘health care’’ than not more government. The best solu- it. What you have to be aware of is ‘‘health insurance.’’ There are ways to tion is not having navigators and IRS these are really clever people. They make it affordable. agents taking away money that could were clever enough as they wrote this When we see disparities of $23,000 to be spent on health care. to make sure that the Speaker’s office $14,000 for the same tonsillectomy, it I have this article from David and certain staffs would be exempted. should be very clear that we need com- Martosko that points out that our It was really intriguing how clever petition, and when you have the gov- President had claimed that more than some of these things were. ernment running everything, there is 100 million Americans have enrolled. To avoid a word search picking this no competition. The government Obviously, that was just a mistake in stuff up, like over here at page 122, it screws that up royally. It prevents the the teleprompter. It is not his fault. says, ‘‘Assured availability of varied thing that made America so great: Here is an article from the Heritage coverage through exchanges,’’ and it entrepreneurialism, competitive ad- Foundation’s Morning Bell: says: vantages that people have that work The American people rose up to repeal a ‘‘The Secretary’’—talking about Sec- hard. It destroys those kinds of incen- health care law once before. They can do it retary Sebelius right now—‘‘shall as- tives, and now we are seeing it destroy again. sure that with respect to qualified lives. It goes back and points out about the health plans offered in any exchange Here is an article from November 19. bill that had been passed under a man established pursuant to this title—(I) ‘‘HHS Secretary Sebelius Visits South that I greatly revere, a great Presi- there is at least one such plan that pro- Florida to Meet With Health Care dent, Ronald Reagan, and he thought vides coverage of services described in Navigators.’’ Gee, wouldn’t it be nice if he was providing America with a great clauses (i) and (ii) of subparagraph B.’’ we weren’t paying billions of dollars gift of catastrophic care for seniors, Well, that surely couldn’t be abor- for government workers that will make but it didn’t take but a couple of years tion, unless you flip back and see what your health care decisions more miser- for people to see this is a disaster, this (i) and (ii) of B is. Guess what? That is able instead of giving you more free- isn’t a good thing. So in 1989, they the abortion referenced over on page dom? stepped up and got it repealed. 119. That is the way you get around

VerDate Mar 15 2010 02:24 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.054 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 21, 2013 CONGRESSIONAL RECORD — HOUSE H7341 people picking up those things; of but we can’t get an answer on who Oh, and I love—they have got a provi- course she is going to have provisions these people are, what they are being sion in here for States, this, back 2,300 in here about that, and of course people trained with, what they are being or so, they have got a provision in here shouldn’t forget that the provision at trained on. Are they being trained with that, gee, we have given out grants, but page 429—it was a special adjustment weapons? Are they being trained with if your State has bothered to do mal- to FMAP, determination for certain medical equipment? What are they practice reform, like the Federal Gov- States recovering from a major dis- being trained on? ernment hasn’t done, then if you put aster. This was put in there to buy the One thing that I have learned, as caps on pain and suffering, for example, votes from Louisiana. That is why both a judge and a chief justice, and then you are not going to be getting some have called it the ‘‘Louisiana now in Congress, is that if words are the grants that other States are. Purchase.’’ So we have got special con- not specific, somebody is going to fig- Well, there are a lot of problems with sideration in there for that. ure out to just use their plain meaning. ObamaCare; and I hope that, by the There are all kinds of things I used to So when something says ‘‘national end, before the election next year, peo- go through. Of course, AARP got spe- emergencies,’’ like this bill, there will ple will realize that what some of us cial dispensation. be times it will be called in for na- have been saying for years is true. It is Also, this administration saw that tional emergencies rather than just in America’s best interest to have Medicare Advantage was really helping health emergencies. health care reform, but that is not it. some people out. Their costs were b 1315 It is not it. lower. There were a lot of people that There is another issue—there are two And the next section talks about were telling me they liked Medicare other things I want to address very public health emergencies, both foreign Advantage. So as ObamaCare would do quickly. One is about Guantanamo and domestic, but we have already it, it would try to destroy anything Bay. learned that they didn’t put the word that people liked and was helpful and I had the television on when I was ‘‘health’’ in the national emergency. working at my desk in the wee hours of mandate that you couldn’t have those And so it is strange. provisions in your policy. They knew the morning this morning, I can’t re- These are commissioned officers of member, maybe, 1, 2, 3 a.m., something all along by putting this kind of thing the Ready Reserve Corps. They will be in this bill, like at page 904, that people like that, but a show where some psy- appointed by the President. Commis- chologist had been, basically, cor- that liked their Medicare Advantage sioned officers of the regular Corps were not going to get to keep it. They rupted by being used at Guantanamo shall be appointed by the President, Bay for psychological warfare. Totally sure weren’t going to like it after this and it is subject to advice and consent bill got through with them. At 904, it false story. of the Senate; but that is for the actual I mean, there are still a lot of people goes after Medicare Advantage and appointment. walking around that don’t know that says: ‘‘Nothing in this section shall be But it makes clear over here that no one has ever been waterboarded at construed as requiring the Secretary to they are subject—it says that the Corps Guantanamo Bay. accept any or every bid submitted by will be available and ready for involun- Having been there two or three an MA organization under this sub- tary calls to Active Duty during na- times, you get the picture. Amnesty section.’’ tional emergencies and public health International comes regularly. These Then the next capital C, subpara- crises. And then below the health cri- groups come regularly; and when you graph (ii): sis, foreign and domestic. So that is find out what is really going on there, Authority to deny bids that propose sig- some more. it is really the guards that are put nificant increases in cost-sharing or de- I have insurance that has a health through all kinds of Hades. They have creases in benefits. savings account attached to it. I think excrement and urine thrown on them, Because as the government keeps Aetna could have done better, and I and they are not allowed to even get mandating more and more things, like was looking forward to improving my angry back. maternity care for men that are single policy, except that ObamaCare came in Last time I was there, they said and may be beyond their childbearing and made sure that anybody that had a there had been one soldier who had re- years—well, a single man that is 70 policy with a high deductible and a sponded angrily, and he was punished years old may think, gee, I am beyond health savings account they liked were for it. Their instructions are when you childbearing years. I probably won’t probably not going to be able to keep it have urine or feces thrown on you by get pregnant any time soon. Maybe I because they took shots and terrifi- one of the detainees at Guantanamo don’t need maternity care. Well, maybe cally restricted what you could use a Bay, you just don’t react. And then you Secretary Sebelius thinks you do. So health savings account for. get the day off so you can go clean up, you are going to pay for it anyway. The goal is to get rid of them because change clothes. That is the way people end up paying if people get that much control over So the inmates are constantly com- more than what they really need. their own health savings account or, as ing up with innovative ways to get That was in the second volume. the bill I filed back before ObamaCare feces and urine on our guards. That was I never could understand it. I keep ever passed, nearly a year before it last time. Hopefully, they have dealt asking questions, and nobody will give passed, I say give seniors a choice. Let with it better. an explanation as to why, at page 1,312 them choose Medicare. Let people The punishment, when I was there in the health care bill, to make sure choose Medicaid. before, they would take away some of that everybody got the health care Or it would be cheaper for us if we the movie-watching time that the de- they needed that we had to create the just say, look, we will buy you a Cad- tainees got to have; and if it was really Commissioned Corps and Ready Re- illac, not a bronze, we will buy you the egregious enough, they might cut into serve Corps for service in time of na- best coverage, great coverage, and it their outdoor time a little bit. tional emergency over on page 1,314. It will have a high deductible now, maybe But I was told that Amnesty Inter- talks about national emergencies and $5,000, something like that for a de- national gets real upset about that, so public health crises. It gets ‘‘health’’ in ductible, and we will give you the cash they don’t like to cut out their outdoor there for part of it, but not under na- in a health savings account. time, so they are more restrictive on tional emergencies. You get control back of your health the movie-watching time that our de- Above that, it is talking about the care. You can handle it yourself. Your tainees at Guantanamo may get. purpose to ‘‘meet both routine public debit card will be coded where you can And this—what a juxtaposition. What health and’’—that is conjunctive, not only use it for health care, but then let an amazing thing. disjunctive—‘‘emergency response mis- you make the decisions. The New York Times used to bill sions.’’ But this won’t even let you go get itself—and it is arguable that it really Well, I wish they would put ‘‘health’’ your own medicine or drug unless it is was accurate as the newspaper of in here, and we would be more assured prescribed. This kind of stuff is run- record, but they have so corrupted that this isn’t creating some kind of ning up the costs and trying to get rid their standards that they could say Presidential brownshirts or something, of HSAs. It is very clear. about an overt lie, someone misspoke.

VerDate Mar 15 2010 02:24 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.056 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7342 CONGRESSIONAL RECORD — HOUSE November 21, 2013 This is not a newspaper of record. It States shall be considered to be paroled Well, perhaps if it had made a dif- is really just a sad day for America re- into the United States temporarily ference to the Clinton administration, garding the New York Times. But pursuant to a provision of the Immi- we would have been better prepared every now and then they get a story gration and Nationality Act. and people wouldn’t have died in right. But then it goes on, under section Benghazi. But, unfortunately, now we have to 1033, to say that transfer for detention But this is a disaster. Under the Con- sometimes go to England or other and trial, the Secretary of Defense may stitution, nobody is promised a trial in countries whose media is not over- transfer a detainee described in sub- a U.S. District Court. And people need whelmed with bias for or against a par- section (a) to the United States for de- to understand that, because in the Con- ticular administration so we can get tention and trial if the Secretary de- stitution there is no U.S. District proper reporting. termines that the transfer is in the na- Court. But this story is from Russia Today. tional security interest of the United As my old constitutional law pro- I mean, I was in the Soviet Union in States. fessor at Baylor used to say, there is 1973. I could read a little bit of Russian, And it does provide that Congress only one Court created in the Constitu- speak a little Russian back then. I should be notified not later than 30 tion. Every other court in America, haven’t had any reason to for over 30 days before the date of proposed trans- Federal court, that is, owes its exist- years, so I don’t remember much of fer. But if the President, with a wave of ence and continued existence and juris- anything but how to get to the bath- his hand, can wave off mandatory lan- diction to the United States Congress. room. guage in a bill that was passed without That is it. But from Russia Today they report, a single Republican vote, if they can So if are you an immigrant, our Con- and this was the first I saw, and then wave off provisions of the immigration stitution says you get due process at started looking for more information: bill and just flat out change the law, an immigration court. If you are in the U.S. Senate is seemingly deadlocked unilaterally, as the Chief Executive, military, the Constitution ensures you when dealing with the Guantanamo then it sure wouldn’t be very hard to will get due process in a military Bay detention facility, voting down say, oh, whoops, we didn’t give Con- court. And I can tell you, that is kind dueling measures which would have ei- gress notice; those people are in the of tough. ther loosened or tightened restrictions United States because once they are in When a soldier stands in front of a on transferring detainees. the United States, things take a big military jury, all wearing uniform, all And then we found one, 2014, NDAA, turn. appointed by the commanding officer now in the Senate, could finally mean I remember my friend from across to whom they account after that trial the end of Guantanamo. More than half the aisle, Anthony Weiner, was so is over, it is a little different than a of Guantanamo Bay’s 164 detainees upset. He actually said he wanted these jury that you would get just picked at have been cleared to transfer to other detainees brought to New York City random from your peers. nations, MSNBC reports, but have re- and put on trial and executed there in b 1330 mained at the prison due to congres- New York City. sional measures complicating the Well, having been a prosecutor, judge They are not picked at random. The transfer protocol. and chief justice, I knew he would be commanding officers, from platoon on Yes, some of us are concerned that exhibit A for why, if they brought the up through company and all the way up since we keep transferring people out, detainees to New York City, they to the installation, they send rec- releasing them, and they keep killing shouldn’t get a trial there. They would ommendations, and they eventually Americans, so many of them, after have to transfer them somewhere else funnel their way up to the commanding they are released, I would say one is because you had people like Anthony general for a general court-martial. too many, but one is not near as many Weiner who were not particularly cap- And then they are handpicked by the as have been reported going back and ital punishment supporters, but wanted general. These are the people who will continuing to kill Americans. them to be executed. So that would be on the jury. This talks about even a good Repub- have been exhibit A in why you Well, that is constitutional. It has lican who is reportedly aiding the couldn’t get a fair trial if they were been upheld many times. So I have a Guantanamo Bay win for President brought to New York. little trouble, having served in the Obama, but White House, top Senate Some of our friends get very confused military, understanding why someone Democrats successfully defended provi- and demand, we want these people at who wants to destroy our country and sions in the National Defense Author- Guantanamo Bay to have the same kill all the Americans they can, why ization Act that would loosen restric- rights under the Constitution that ev- are they entitled to more rights under tions on transferring detainees out of erybody else does. the Constitution than somebody that is Guantanamo Bay, advancing President Well, everybody doesn’t have the giving their lives in our U.S. military? Obama’s goal of closing the facility by same rights under the Constitution. They are not. They are not given more a margin of 55–43. When I was in the Army for 4 years, I rights than our U.S. military. Yeah, they can vote like that because didn’t have the rights everybody else And, in fact, under international law, they have got enough people that did. I wasn’t free to assemble where I the way it has existed, going back as aren’t up for re-election next year. So wanted. I wasn’t free to say what I far as it has been recorded, when some- they can take a vote like that. wanted to about the President. one was part of a country or group that So that caused me to go look at the I wasn’t happy with Jimmy Carter. declared war on another country or law being discussed and voted on, and We saw Fort Benning going down and group and they were captured, they find this provision in there, section down and down. We saw our Nation at- were held until their group or country 1032, the authority to temporarily tacked by an act of war in Tehran, and said they were no longer at war. Then transfer individuals detained at United there was no response. we let go of the ones that promised not States Naval Station Guantanamo That is still being used today to re- to be at war after the war was over and Bay, Cuba, to the United States for cruit people to al Qaeda, to terrorism, punished those who were guilty of war emergency or critical medical treat- because of how weak our response was crimes. ment. then, how weak the response was when And I also, Mr. Speaker, want to So, okay, they say, yeah, see, we we were attacked in 1983 at Beirut and, make sure people understand what we have got to get them out of there certainly, the ongoing weak responses have at Guantanamo. Khalid Sheikh sometimes for medical treatment. after the World Trade Center bombing Mohammed was the leader—people call They have got incredibly good medical in 1993, the USS Cole, the embassy at- him the mastermind—of 9/11/2001. Very treatment at Guantanamo Bay. tacks. unrepentant. Not only is he unrepent- This says, status while in the United And I know there are people that ant, he, in 2008, in December, agreed to States, an individual who is tempo- would say to such embassy attacks in plead guilty and went through, I be- rarily transferred under the authority the 1990s, well, what difference does it lieve, at least two hearings where, in subsection (a) while in the United make at this point? through in-depth questioning by the

VerDate Mar 15 2010 02:24 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.057 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 21, 2013 CONGRESSIONAL RECORD — HOUSE H7343 judge, he admitted to his role in killing have got another thing coming. These have a lot of problems and challenges around Americans. people are not stupid, but they are the world that they need to solve and they We know he filed this pleading, of insanely crazy in their desire to kill in- have problems at home. We need to under- which I have a copy here, that was re- nocent people. stand them and our place in the global arena. leased by Military Judge Colonel Hen- He went on at the end of his pleading We need to stop demanding, complaining, ley, declassified so we could see what on page 6, and says: moaning and, instead, seek countries that Khalid Sheikh Mohammed, the 9/11 You will be greatly defeated in Afghani- are not dependent on money from the Arab mastermind—he, himself, talked about stan and Iraq, and America will fall, politi- or Islamic world and who want to cooperate his planning it. And he had some re- cally, militarily, and economically. Your end with us in the field of innovation. sources where he could translate his is very near, and your fall will be just as the I mean, Israel has been a leading in- language into English so that he could fall of the towers on the blessed 9/11 day. We novator in intellectual technology. write this whole thing. There are some will raise from the ruins, God willing. We They need to be our friends. They be- will leave this imprisonment with our noses idioms, perhaps, that may be misused, raised high in dignity, as the lion emerges lieve in the value of life, as we do. They but anyway, he is a brilliant man. He from his den. We shall pass over the blades of do not name streets and holidays for just hates Americans and loves to kill the sword into the gates of heaven. people who kill innocent women, chil- them. So we ask from God to accept our con- dren, innocent victims, men who never But in his pleading, he says: tributions to the great attack, the great at- saw it coming; whereas, even in Pal- In God’s book, he ordered us to fight you tack on America, and to place our 19 mar- estine, as it is called now—it was never everywhere we find you, even if you were in- tyred brethren among the highest peaks in called that before in recent history. side the holiest of all holy cities, the mosque paradise. But it is time that we realize what a in Mecca, and the holy city of Mecca, and This is a guy that some people want friend we have in Israel and that we even during sacred months. to bring to the United States. They could never spend enough money to In other words, it would be perfectly have no idea how desperately wrong create the defense system we have in fine for him or one of his buddies to that would be. He is being held con- Israel if we will just be supportive. kill Americans in the mosque in stitutionally right where he is, and One other thing I want to address be- Mecca, but heaven help the person that under no circumstances should he be fore I conclude today. There are some causes any damage at all to the same allowed to be brought into the United people that are calling attention to the mosque. States itself. President’s omission of the words He said, ‘‘In God’s book’’—and this is They have the perfect courtroom set ‘‘under God’’ from the Gettysburg Ad- as if he had legal training. He does this up down in Guantanamo for conducting dress when he did the entire Gettys- quite well. He states a premise, and he terrorist trials. Enough bulletproof burg Address on camera. I don’t know follows it up with a provision from the material in the middle of an area where whose decision it was to leave that out. law of the Koran. I mean, the Koran is a bombing would not do the damage I don’t know if he was just reading it, a book, basically, of law. that it would in Manhattan. and whoever gave it to him to read in In God’s book, verse 9, Al-Tawbah: ‘‘Then Israel understands the threat. They the teleprompter took it out and he fight and slay the pagans wherever you find understand the danger. And it abso- didn’t realize. I don’t know what hap- them, and seize them, and besiege them and lutely breaks my heart to find out that pened. But, Mr. Speaker, it is impor- lie in wait for them in each and every am- Israel is having to seek another ally tant that people understand, yes, there bush.’’ that understands the threat of radical are five existing copies of the Gettys- Further down, he says: Islam to them and to the United burg Address. There is only one that We do not possess your military might, not States. Abraham Lincoln signed, the Bliss your nuclear weapons. Now, it was Prime Minister copy, unless the President has removed Of course, this President may be pre- Netanyahu who asked me, after I it, like he did Winston Churchill’s bust siding over the United States—unless apologized for America putting them in from the White House. Unless it has Israel protects itself, this President a position where they have to defend been removed, it is up there in the Lin- may be the one that sees, for the first not only themselves but the United coln Bedroom. This is the Bliss copy, it time, a radical Islamic terrorist regime States, because some people here do is called. get a nuclear weapon, and that will not understand the threat, he said, I And actually, at the Gettysburg change the world forever. We can’t af- just ask that you remind your Presi- Foundation Web site, they have an ex- ford for that to happen. dent, the people in America, that it planation of those five copies—the But he points out, at the time he was your President who said the words, Nicolay copy, the Hay copy. So you wrote this: ‘‘Israel must defend itself by itself.’’ had a couple of them there. And you We do not possess your nuclear weapons. I didn’t remember President Obama can see what actually was in the copy. Nevertheless, we fight you with the Al- saying that. I had to go back and do a But the Everett copy—Senator Everett mighty God. So, if our act of jihad and our word search. It turns out, that was was the Speaker that went 2 hours or fighting with you caused fear and terror, slipped in in a bunch of other glowing so, and he asked for a copy, so Abra- then many thanks to God, because it is him comments about what a wonderful ally ham Lincoln made sure he got a copy. that has thrown fear into your hearts, which and we are not going to let Iran get And I was talking to a brilliant his- resulted in your infidelity, paganism, and nukes and all this stuff. And then he torian, Stephen Mansfield, this week. your statement that God had a son and your trinity beliefs. slides that little sentence in there that He was pointing out these things, that is profound. But ‘‘Israel must defend it was thought that Lincoln had pro- And then the provision he follows itself by itself.’’ That is why I wasn’t vided his secretary with his notes. And that up with, from the Koran: the only one that didn’t pick up on since he had interlineated, as I see peo- Soon shall we cast terror into the hearts of that, because of the way in which he ple on both sides of the aisle do all the the unbelievers, for that they joined compa- contextualized it. nies with Allah, for which he has sent no au- time here—making notes, scratching thority. Their place will be the fire; and evil But here is an article from The Blaze stuff, putting stuff in—he had is the home of the wrongdoers. today, from Sharona Schwartz, ‘‘How interlineated ‘‘under God.’’ So when he And he misspelled ‘‘their.’’ When he said Bad Are Things Between Israel and the gave the speech, ‘‘under God’’ was part ‘‘their place,’’ he used T-H-E-R-E. But, I U.S.? Israeli Foreign Minister Says It’s of it. I don’t know about anybody on mean, this is amazing stuff. He is admitting: Time to Find New Allies.’’ this floor that wants the CONGRES- we want to destroy you. Israel’s foreign policy for many years went SIONAL RECORD to carry a copy of their And if you think for a moment that in one direction toward Washington, but my speech before they made all the Khalid Sheikh Mohammed or policy has more directions. changes in it, just as Lincoln did. Ahmadinejad or Khamenei would not This is Foreign Minister Avigdor Lie- But the last three copies, the Everett mind using a nuke to destroy what berman who said this. He said: copy that Lincoln personally gave to some of them believe were people de- There are enough countries that we can be Senator Everett, it says ‘‘that this Na- scended from apes and pigs, as some in a help to, and, therefore, our foreign policy tion, under God, shall have a new birth the Muslim Brotherhood say, well, you must be to search for allies. The Americans of freedom.’’ And then the Bancroft

VerDate Mar 15 2010 02:24 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.060 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7344 CONGRESSIONAL RECORD — HOUSE November 21, 2013 copy, that was one that also was re- the one fired at Lexington and Con- weekend are the vivid scenes and im- quested by historian George Bancroft, cord, but in Dallas, Texas. That shot ages of that ordeal: and that has ‘‘that this Nation, under cut down the 35th President of the The distressed widow in a blood- God, shall have a new birth of free- United States, ended dreams of Cam- stained pink suit, with all the dignity dom.’’ elot, and cut short the life of an Amer- and strength and nobility that she And then the last copy, the Bliss ican hero. could muster, being met at Andrews copy that is most often used, is consid- Almost everyone can recall where he Air Force Base by Robert Kennedy; the ered to be the most authoritative copy or she was and what they were doing long lines passing through the Rotunda of what was said at Gettysburg, be- when they first heard the news of the to pay their last respects, including cause this is the only copy that Abra- assassination of John Kennedy. Fifty James Michael Fitzgerald from our ham Lincoln signed. He didn’t sign any years after his death, the country still hometown in East Hartford; the veiled of the others. He signed this one. And gropes for answers and searches to fill face of Jacqueline Kennedy as she it went to Colonel Bliss, who was going the void created by his departure. kneeled over the coffin, clutching the to use it to auction and use the money It was sixth period in Mr. Desmond’s hand of her daughter, Caroline; the to help wounded warriors. French class when Mrs. Bray’s voice, Kennedy brothers in silhouetted sup- This is a Nation under God. It had a noticeably shaken, announced over the port of the First Lady and the family; new birth of freedom. And I hope and loud speaker at East Hartford High those boots placed backwards in the pray that God will give us wisdom to School that the President had been stirrups of Black Jack, the horse fol- avoid destroying that freedom. shot. An unsettling silence that was lowing the caisson; the procession of With that, I yield back the balance of laden with anxiety fell over a perplexed world leaders en route to Arlington; a my time. and unbelieving class. Attempts to weekend of images culminating in f calm the class were fumbled by a visi- John-John’s final salute to his dad. bly stunned teacher as he sought an- I will never forget that weekend of b 1345 swers to a host of questions. Such an tragedy, wrought with emotion and JOHN FITZGERALD KENNEDY: HE irrational act. It just couldn’t be. dream-crushing reality. Its impact and SPEAKS TO US STILL In what seemed to be within minutes, the impact of other events in that dec- The SPEAKER pro tempore (Mr. Mrs. Bray’s tearful voice announced ade perhaps won’t be fully understood, LAMALFA). Under the Speaker’s an- that the President of the United States though we are fixated on this. nounced policy of January 3, 2013, the had died. Hollow disillusionment and Before I yield to our leader, to put it gentleman from Connecticut (Mr. LAR- deep sadness engulfed not only the in perspective, I would say this. As Wil- SON) is recognized for 60 minutes as the classroom, but the entire Nation. De- liam Manchester noted: designee of the minority leader. spair was replaced by speculation con- In November of 1963, among the living were Mr. LARSON of Connecticut. Our cerning the perpetrator of such an act. Robert Kennedy, Martin Luther King, Jr., topic today is a solemn one and yet a Walking home from school, conjec- and 58,209 young men who would die in Viet- hopeful one. It is about the 35th Presi- ture of this heinous crime centered on nam over the next 9 years. dent of the United States, John Fitz- the KGB and Castro as likely culprits, I yield to our leader, noting that, as gerald Kennedy. He speaks to us still. but even conjuring up these villains we said at the outset, we prefer not to In November 1983, I submitted an op- brought no resolve. dwell on the events of the day but on ed piece to our local paper, the East When I reached home, my mother, the heroic nature of this President and Hartford Gazette, on President Ken- with Kleenex in hand, sat motionless what he meant to so many people—and nedy. It is hard to believe that 30 years next to the TV. She was glassy-eyed, continues to do so. He continues to have passed since I submitted that doc- shaken, and unable to comprehend the speak to us, as does our leader, NANCY ument. events of the day that saw the first PELOSI, who knew him personally. Most, including myself, and espe- President born in this century—and Ms. PELOSI. I thank the gentleman cially the Kennedy family, would rath- the first Catholic—struck down. for calling this Special Order. Congress er not dwell on the events that tran- The family gathered around the TV has adjourned for the Thanksgiving spired on November 22 and that ensu- and waited for Dad to come home. holiday, but I thank you for staying so ing weekend, but rather on the Presi- Surely, he could explain. When my fa- that we can acknowledge and observe dent’s birth, and celebrate his heroic ther arrived, everything from the Rus- the 50th anniversary of a great loss for service. Indeed, May 29 should be a na- sians to the Texans were mulled over, our country. tional day of remembrance. as he revealed various theories dis- My colleague, Mr. LARSON, spoke so I am proud to say that the entire cussed in the shop at Pratt & Whitney beautifully about what happened on New England delegation has dropped in Aircraft, but all with the same anguish November 22, 50 years ago, and how a resolution today calling upon Con- and perplexity. your mother reacted. You could have gress to recognize May 29, the birthday Thus began a family vigil with Wal- been speaking for every family in of John Fitzgerald Kennedy, as a day of ter Cronkite. But even he, the most America. remembrance. trusted man in America, couldn’t ex- Certainly, we took special ownership President Kennedy, if we were alive, plain to the viewing public the way it of President Kennedy, as the first would be 96 years old. It is hard to was on November 22, 1963. Catholic President, but everyone who imagine, even today, because of the It was a numbing experience for our enjoys firsts understands that that pio- image of that youthful, vigorous, family and the rest of the country as neer action, that courage, that success witty, energetic man who we still see we sat in shock, traumatized, as the that he had was not just about him in TV clips and who speaks to us still. first real-time media account of the being the first Catholic President, but That beautiful man was taken from us sixties unfolded in our living room. In embracing the people of our country in the summer of his years. a weekend that never seemed to end, more fully. For my parents’ generation, Decem- we witnessed a Nation in mourning, Yes, Mr. Speaker, 50 years ago, trag- ber 7, 1941, as President Roosevelt ap- the apprehension and then murder of edy struck the heart of a Nation in propriately put it, would be a day that Lee Harvey Oswald, and the subsequent Dallas, Texas. Fifty years ago, Presi- would live in infamy. For my children arrest of crime figure Jack Ruby, all dent Kennedy was taken from us, sud- and so many of this current genera- unveiling and unfolding themselves on denly and unexpectedly, and the entire tion, myself included, September 11, TV. The plot only seemed to become Nation was shaken and mourned. 2001, will be recalled as another day of more complicated. As you said, we don’t want to dwell infamy. For my generation, however, it The complexities of American soci- on that sad day. We want to spring remains November 22, 1963, the day the ety and the very fabric of our way of from it and talk about what went be- Nation stood still in shock and dis- life in this Nation hit home like never fore and what has come from the leg- belief. before. acy of President John F. Kennedy. As a New Englander, the shot heard What I most recall, and what I be- Today, 50 years later, we rise on the round the world on that day was not lieve most Americans recall, from that floor of the House to pay tribute to

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I began an era that would recast Amer- his death in the years that followed, take great pride in the fact—all of us ica’s future, that would set us on under the leadership of President Lyn- who serve here do—that President Ken- course to address so many of the chal- don Johnson, the Congress passed the nedy began his Federal service in office lenges facing us 50 years ago and still Civil Rights Act and the Voting Rights in the House of Representatives. His confronting our Nation today. Act. Yet, still today, the march to civil grandfather, Honey Fitz, also served in As I reference his ‘‘ask not what you rights is not finished completely; and the House. His grandnephews served in can do for your country,’’ everybody in the time of the present, it remains the House. So it has been a Kennedy knows that that was an important part our moral obligation to preserve, ex- family tradition to serve in the House of the President’s call to action in that pand, and strengthen voting rights. of Representatives. He did so as a day: That is our challenge now in the proud member of the Massachusetts Citizens of America, ask not what your House—equality. So let us begin. delegation. country can do for you, but what you can do There are so many other things that I rise to honor the life, legacy, inspi- for your country. we witnessed. It is hard for people to ration, and achievements. I rise to sa- It is memorized by students all over imagine now how impossible it sounded lute an extraordinary leader for our the world—when he delivered it, it was when the President said: a new begin- country and the world. so stirring—but what I remember is the ning and bold action and exploration I feel emotional about it, listening to very next sentence. and of the commitment and the prom- Mr. LARSON describe the events of the In the very next sentence, he says: ise to be the first to honor. He said, if day and the weekend that followed. To the citizens of the world, ask not what we are to honor the vows of our Found- The beautiful family dignity that Mrs. America will do for you, but what together ers, we must be first, and therefore we Kennedy and the children dem- we can do for mankind. intend to be first. It was a commitment onstrated have made a mark on our It was just so beautiful. No wonder and a promise to invest in science and hearts. We are so pleased that, as the one of his first actions would be to es- innovation. When he said, in 10 years, President said last night, as we are tablish the Peace Corps, a renewed be- we would send a man to the Moon and here, Caroline is drawing crowds in ginning in witnessing the creation of be back safely, it seemed impossible; Tokyo. the Peace Corps—a group of Americans but it happened even in a shorter pe- As a student, I had the privilege of serving as ambassadors of goodwill riod of time. He laid out his vision to being there when President Kennedy worldwide. It was then started under do what was hard and unthinkable; but was inaugurated. I had the privilege of the leadership of Sergeant Shriver’s by the close of the 1960s, as we know, meeting him as a student in high brother-in-law. To this day, each Peace two American men walked on the Moon school in Baltimore, Maryland, when Corps volunteer is a tribute to Presi- and returned safely home. So many my father was mayor. I spent an dent Kennedy. other people were part of that success. evening with him because my mother A few weeks ago, I had the privilege Our beginning ignited the fires of all couldn’t attend a dinner. She said she of being in Massachusetts under the kinds of innovation that our country couldn’t attend, but it enabled me to auspices of the Kennedy Library, where has benefited from. Even though he attend in her place as the First Lady of we had observed the 50th anniversary wasn’t there to see all of the legisla- Baltimore. So I had the privilege to be of the President’s signing of the Equal tion through, he had his vision; and he sitting with President Kennedy and to Pay Act into law—legislation he called was an inspiration for others to get the be dazzled by his presentation to the a first step to ending the unconscion- job done. United Nations Association of Mary- able practice of unequal pay, this agen- So many times we all quote Presi- land Dinner honoring Jacob Blaustein, da the President had imagined of equal dent Kennedy because he was so a leader in our community. My father pay for equal work for women in the quotable and because he was so wise, was mayor, and I was very lucky. workplace. He also established a com- and what he said resonates and is time- mission on the status of women, head- b 1400 less. So, when I had the privilege of ed by Eleanor Roosevelt. Its rec- speaking at the groundbreaking of the So on other occasions during the ommendations were: raise the min- Institute of Peace, I quoted what Presi- course of his campaign, I had the privi- imum wage; equal pay for equal work; dent Kennedy said at the American lege of being in service to that cam- child care as an initiative, both public University in 1963. paign in terms of, one time, we had a and with tax credits. He said: show called ‘‘Senator Kennedy Answers So forward thinking. So much of it is The United States, as the world knows, Your Questions.’’ I was in college at still left to be done 50 years later, but will never start a war. We do not want a war. the time, and I was one of the people it is part of the vision. Again, with We do not now expect a war. This generation answering the phone and hearing the great women like Eleanor Roosevelt of Americans has already more than enough questions. All of the questions were and Esther Peterson and others, they of war and hate and oppression. about seniors and health at the time. were with him as he signed the bill. He went on to say: This was before Medicare, and it was Today, as I mentioned, that battle con- We shall be prepared if others wish it; we an important issue for the President. tinues. If President Kennedy were here, shall be alert to try to stop it; but we shall In any event, on that happy day on he would certainly beckon us to do also do our part to build a world of peace January 20, 1961, I had the privilege of more to take the next step, which we where the weak are safe and the strong are being there in the freezing cold to hear have done. just. the President’s inaugural address. His When women succeed, America suc- So remarkable. stirring address still echoes in the ceeds—with legislation to have respect Again, it would take hours for us to hearts of those who were there and in for women’s work in the workplace and truly mention all of the accomplish- all others who heard his call to serve. to raise the minimum wage, as 62 per- ments—the Moon shot and all the He appealed to the energy, the faith cent of the people who get minimum things about the Test Ban Treaty. The and the devotion that will light our wage are women. There is equal pay for list goes on and on. country and all who serve it, and the equal work. There is paid sick leave The fact is that a person came into glow from that fire can truly light the and child care, which is an important the life of America from a family—and world. part of President Obama’s agenda. it is hard to imagine any other family What inspiring words. Perhaps the As for the fight for equality even in in America that has had or who has most significant of all, he ushered in a the workplace, President Kennedy be- made as great a contribution to the new era with a simple, yet powerful, came the first President to call civil well-being of our country as the Ken- call to start anew, declaring, ‘‘Let us rights, above all, a moral issue, Mr. nedy Family, starting even with Rose begin.’’ Speaker, he said, to remind us it was Kennedy’s father, Honey Fitz, but then

VerDate Mar 15 2010 02:24 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.063 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7346 CONGRESSIONAL RECORD — HOUSE November 21, 2013 coming through to even now the serv- Mr. LARSON of Connecticut. I thank was some traffic, and I saw a 1958 Pon- ice in the Congress of JOE KENNEDY, a the leader. tiac convertible. Mr. LARSON will recall grandnephew of the President. We also I would point out, in history there that was a cool car. That caught my had the privilege here of serving with are often iconic pictures. One has to attention. But as I looked at the car, I Patrick Kennedy. wonder in looking at the pictures that then saw the person riding in that car. So I will end where I began, in taking grace museums across this country: It was a warm day, the top was down, pride in the fact of President Ken- That man who set a torch to be passed and I recognized the individual in that nedy’s association with this House of to another generation, could he have car as the speaker who was going to ad- Representatives, of this people’s House, known when he was shaking Bill Clin- dress us in the convocation. I said, and to say that I am so happy that I ton’s hand that he would be a future that’s really neat. Now, remember, I had the opportunity to see him so President of the United States? Could am 19 years of age. I said, I’m going to many times. I will just close with one he have known when he met with go hear him speak, and so I did go hear thought. Tommy D’Alessandro’s daughter that him speak. We were at the convention in Los An- she would be the first woman Speaker He talked that day, as I am sure he geles. I was with my parents. We went of the House? did hundreds of other days in thou- to a restaurant after the President’s That was the inspiration of Kennedy, sands of campuses throughout not only speech at the stadium. It was the first who touched so many people, and our this country, but around the world be- time a President had accepted the leaders NANCY PELOSI and STENY fore his death. He talked about young nomination at a stadium. There were HOYER typify a generation drawn into people getting involved in politics, not tens of thousands of people there. The public service not only because of the necessarily running for office, but get- speech was fabulous and great, and we inspiration but because of the calling ting involved in the politics of their went to this restaurant called Roma- of President Kennedy to public service. community, in making a difference in noff’s because I said to my father and The minority whip, STENY HOYER. their community, in taking their tal- mother that I wanted to go to a Los Mr. HOYER. I thank the gentleman ents, and as Leader PELOSI has said, Angeles-type restaurant. It turned out from Connecticut not only for taking and as he enunciated in his inaugural to be a Los Angeles-type in that it was this Special Order but for the speech address, bring their energy, faith, and very expensive. It was more expensive that he gave as we led into this Special devotion to the endeavor of making for shrimp cocktail than it would have Order about that wrenching day in No- their democracy and their country bet- been in Baltimore, Maryland, where we vember, the 22nd of November 1963, as ter. were from. to where he was and the memory he I listened to that speech. I walked out of the Cole Field House and the So my father said, How did you find had. next week I changed my major from a this place? This is the most expensive Now, I thank the leader who has re- business major to a political science restaurant I have ever been in. called so well what John Kennedy I said, That is probably true, but it is major, decided I would go to law school meant to our generation. an experience. and run for office. In my view, every generation of It costs so much more for a shrimp It was in many ways a Damascus cocktail here than in Baltimore, Mary- Americans has had a figure to whom it Road experience for me, a life-changing land; and he goes on and on. looked for guidance, for inspiration. experience for me. Seven years after I In another few minutes, the doors of However, few generations have had heard Kennedy encourage young peo- such a compelling figure as John Fitz- the restaurant open, and in comes ple, not just STENY HOYER—he never gerald Kennedy was to my generation. President Kennedy from the speech. He knew who STENY HOYER was—but en- came right over to the table. John Kennedy was the first President couraged people to get involved, 7 To my father, Thomas D’Alessandro, for whom I voted. I turned 21 in 1960, years later, 5 months out of George- he asked, Tommy, how did you like my and I had the opportunity to vote for town Law School, I was honored by speech? him in November. It was a controver- some of the people of Prince George’s Of course, my father told him, and sial vote for some who thought that a County to be elected to the Maryland then he asked me how I liked his young Catholic or, frankly, an old State Senate. speech. Imagine that. Then he went on Catholic, should not be President of After, of course, I heard him speak on with his entourage to have his the United States for, after all, he the campus of the University of Mary- celebratory dinner. would have to answer to the Pope. land in 1959, I worked in his campaign, After that, price was no object as to John Kennedy made it clear that he never saw him, shook his hand once the cost of the restaurant. The prices would answer to the American people when he was at Ritchie Coliseum com- kept coming down in my father’s view. and to his conscience, and that is what ing out of the coliseum. Again, I was lucky many different he did. I have heard two more inspirational times to have the opportunity to have b 1415 speeches in my lifetime. One was, of some conversation with the President. course, the speech that is quoted so So, when that horrible thing happened Mr. Speaker, all of us have memories, often, as Leader PELOSI said, the inau- that day for our country, everybody and I will refer to at least two. gural address, delivered on a very cold, took it very personally. I was a student at the University of snowy January day in 1961, in which he Perhaps part of his legacy is the sac- Maryland in 1959. It was the spring of observed that the torch had been rifice that he made for our country— 1959, and there was to be a convocation, passed to a new generation born in this the inspiration that was intensified by as there was every spring, with a major century—meaning the last—and saying that sacrifice. May we always, always speaker being invited to give an ad- that they had been tested by hard and remember it; and may we always re- dress. It was to be given at Cole Field bitter peace, but that that generation member what he said, that the glow House, which was then the athletic was proud of their ancient heritage and from that fire can truly light the field house for the University of Mary- unwilling to witness or permit the slow world. land. It still exists, but we now have undoing of those human rights to May God bless the memory of Presi- another basketball center called which this Nation has always been dent John F. Kennedy and his family. Comcast Center. committed and to which he said we May we draw strength from his legacy Classes got out at 10:50 that morning, were committed today here and around and his vision. May God always bless and I left class with no intention, the world. the country he loved and led—the frankly, of going to hear the speaker. I What a proud observation that was of United States of America—and all who went to walk up the hill leading both America’s role in the world, then and serve it. to the student union and to Cole Field now, a Nation willing to expend its With that, Mr. Speaker, I thank Mr. House. I was going to go to the student treasure and its commitment of life LARSON again for calling this Special union, have lunch, talk to my friends, and liberty to the defense of both here Order. I am honored to be here with and then resume classes at 1:00. and around the world. him and with our distinguished whip, But as I was walking up, there was a John Kennedy was an inspiration to Mr. HOYER. car driving up relatively slowly, there my generation, but John Kennedy was

VerDate Mar 15 2010 02:24 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.064 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 21, 2013 CONGRESSIONAL RECORD — HOUSE H7347 an inspiration to all generations in that they had a kindred soul in John Tomorrow, we mark the fiftieth anniversary America. John Kennedy called us to Fitzgerald Kennedy. When he said: ‘‘Ich of that sad day in Dallas. service. John Kennedy observed that bin ein Berliner,’’ they believed him. But let us remember John F. Kennedy for although the challenges in front of us They believed that he was committed how he lived, not how he died. were hard, that America could meet to their freedom as much as he was Let us remember his heroism in the Pacific them, overcome them, and be a greater committed to the freedom of those he in World War II, saving the lives of those with country. served in America. whom he served so courageously in war. I would suggest to all of us that we John Kennedy made an extraordinary Let us remember his ability to promote polit- need that same kind of inspiration difference. His term was cut short by ical courage not only by writing about it but by today. America is faced with chal- the assassin’s bullet. The promise that living it. lenges today. America is faced with di- was John Kennedy was not realized; Let us remember his devotion to his fam- vision today. This body is faced with but John Kennedy’s impact on Amer- ily—a great family that continues to serve our division today. ica, on young people, was profound. Nation in so many ways, including in this It is easy to forget, as we remember I remember, JOHN—and I think you House. John Fitzgerald Kennedy, how close an were here—when we served with Jack And let us remember the love of country election it was between Richard Nixon Kemp, a Republican, who would repeat- and public service he instilled in his children and John Fitzgerald Kennedy. Less, I edly in committee and on this floor from a young age—which we saw embodied believe, as I recall, than 200,000 votes cite John Kennedy as an inspiration. just days ago as his daughter, Caroline, pre- separated them after millions of votes His legacy has not only been in terms sented her credentials as our new Ambas- were cast. John Kennedy was declared of what he did and what he said, but his sador to Japan. the President of the United States, and legacy remains in those he inspired to Mr. LARSON of Connecticut. I thank our Nation remained divided. serve, in those who repaired to the high our leader, and I thank him for his That was the generation of the civil ideals that he put before us, this Con- poignancy. I know how much it means rights movement. That was the genera- gress, this country, and the world. to people listening to have a glimpse tion of Martin Luther King, of Rosa John Kennedy made a difference. We into history as it unfolded, and also the Parks, of so many other heroes of the remember, we remember that he died real-life experience of our great leader civil rights movement, and our col- tragically. But what we really remem- and President. league JOHN LEWIS, the boy from Troy. ber is the contribution he made while David Brinkley described that mo- As we remember the assassination of he lived, however short that life was. ment. He said that the assassination John Kennedy, and in remembering I thank the gentleman for allowing was beyond understanding: that, like JOHN LARSON of Connecticut, us to remember this day the loss we The events of those days don’t fit, you I remember where I was. I had just de- sustained on November 22, 1963. can’t place them anywhere, they don’t go in livered some papers to the United the intellectual luggage of the time. It was SPECIAL ORDER ON JFK ANNIVERSARY States Senator from Maryland for too big, too sudden, too overwhelming, and it whom I was working while going to Mr. Speaker, the first time I saw John Fitz- meant too much. It has to be separate and Georgetown Law School. And, JOHN, I gerald Kennedy, I was an undergraduate stu- apart. came out the door leading from the dent at the University of Maryland. But we want to, as both our leaders Chamber and was walking down the He was a striking young senator making an have said, remember this President in steps and a Capitol Policeman said, did improbable run for the Presidency, but what the way that we viewed him in his he- you hear? I said, did I hear what? The caught my eye was the stylish car carrying roic importance to this country and to President has been shot. The President him through College Park. generations then and now. Jacqueline was my hero, and he had been shot. I was young, and my journey into public Kennedy—as Ralph Martin, her biog- Like almost every American, I service had not yet had its first steps. rapher, said—talked about a person walked down those steps in somewhat I was impressed by that car, and I thought who had written to her about the Presi- of a daze, walked over to the Russell to myself—I better see what this man is all dent, and she said someone who had Senate Office Building and sat down, as about. loved the President, but had never almost every American was doing that So I followed it and listened to Senator Ken- known him, wrote to me this past win- very moment, and watched the tele- nedy speak at a convocation speech on cam- ter that: pus—a speech that changed the course of my vision reporting on the status of our The hero comes when he is needed. When President. It did not take long for life. our belief gets pale and weak, there comes a them to report that we had lost him, John F. Kennedy was a President who man out of that need who is shining—and ev- that he had died, that the shot fired changed the course of our Nation. eryone living reflects a little of that light— had been fatal. He inspired so many young people like me and stores up some against the time when he I don’t know how many people—I pre- to step up and pursue public service through is gone. sume there are certainly some—who civic engagement and programs like the ‘‘So now he is a legend,’’ Mrs. Ken- have cried for 96 hours. I did that; Peace Corps. nedy would conclude, ‘‘when he would America did that. America had lost He made a firm stand for freedom in the have preferred to be a man.’’ some degree, perhaps, of its innocence. face of Soviet Communism and the terror it And so it has been—Steinbeck said of America had been rendered vulnerable. had imposed on so many nations. Kennedy: America had lost its hero. At the same time, he espoused the enduring This man who was the best of his people Edward Kennedy, the Senator, after causes of peace, understanding, and disar- and who by his life and death, gave back the Robert Kennedy was shot, spoke at his mament. best of them for their own. At home he called on our people to view funeral and he said: b 1430 My brother need not be idealized in death, American citizenship not as a right but as a or enlarged in death beyond that which he responsibility we have to one another. Arthur O’Shaughnessy, the great was in life. And he opened our eyes to a new frontier Irish poet, said: But it is extraordinarily difficult not ready to be conquered—a frontier of science For each age there is a dream that is dying to idealize John Fitzgerald Kennedy as and discovery. His legacy is now our history. and one that is coming to birth. we remember him, as we remember the And although it was not easily achieved, John Fitzgerald Kennedy embodied extraordinary trauma we experienced President Kennedy would have been the first dreams that were coming to birth and, as he was killed. to remind us that nothing great comes without through his Presidency, ushered in the His inaugural address addressed not a measure of constructive hardship. future dreams of this century and the only the American people, but free- I will never forget that moment on campus next. dom-loving people throughout the when I followed his car as it led me on the Heroes. Heroes are those people we world, people seeking opportunity, peo- first steps in my journey of service. admire for their accomplishments, ple seeking liberty, people seeking jus- And, like most Americans who were alive on their character, and their ability to in- tice. And the world responded. November 22, 1963, I will never forget the mo- spire. They are often an extension of When he went to Berlin, those in Ber- ment when President Kennedy’s life of service what we would like to be. If John Ken- lin, then behind the Iron Curtain, knew came to a sudden and tragic end. nedy had never been President of the

VerDate Mar 15 2010 02:24 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.066 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7348 CONGRESSIONAL RECORD — HOUSE November 21, 2013 United States, he would still have been to hear, to see the man who rep- We have never gotten over it. a bona fide hero. His war record alone resented the hope of the free world. John Kennedy is a hero because of was heroic, his Pulitzer Prize admi- One has only to recall the vivid scenes the message he brought, the hope and rable, and when you combine that with in Berlin to realize there was a special the dreams he inspired. He set a stand- his personality, wit, and intelligence, magic about John Kennedy. The excite- ard by which all successive Presidents you have a man to emulate and re- ment was real. are measured. He united the country spect. John Kennedy struck a chord in all on the great issues of the day, guided It is as President, however, that we of us. Republican Senator Hugh Scott’s the Nation through crisis by calling on remember John Kennedy. And in that wife asked: the American people to uplift their ex- capacity, his greatness came from Why are you crying? You didn’t have that pectations, their goals, and their fellow being the cog, the catalyst, the spark much admiration for him. man. It wasn’t hollow rhetoric or daz- that ignited the tremendous latent To which he said: zling showmanship; it was sincere and strength of our great Nation. Sum- I am not crying for him. I am crying for compelling belief in the purpose of this moning the Nation like no other Presi- the American people. country and its people. dent before him, Kennedy established What John Kennedy meant to Amer- John Fitzgerald Kennedy is a hero goals for excellence and raised the con- ica is lodged deeply in our hearts and for all time and for those who believe sciousness of the American people to a minds. He opened the door through his in the promise of America because he level of dignity benefiting a Nation em- challenge and beckoned the people to a elevated what it means to serve in gov- barking on building a positive future greater future, a new frontier. He was ernment on behalf of the people. He not just for the Nation, but for man- our voice. History will probably bear made public service, whether it be elec- kind. out that a thousand days was too short tive office, serving as a House clerk, or Some would say John Kennedy was a a time to judge the greatness of Ken- in the Peace Corps noble and honorable tragic hero, much like the tragic he- nedy as a President, but it will also pursuits. He made poetry, literature, roes of Greek literature and Shake- bear out what Robert Kennedy said of and the arts in general a part of the spearean plays. Kennedy was neither his brother’s legacy: fabric of our everyday life, and he did Achilles nor Hamlet. He was a man The essence of the Kennedy legacy is a it all with the ease, grace, wit, humor, who, through sheer force of personality willingness to try and to dare and to change, and understated elegance that exuded and conviction, motivated and excited to hope for the uncertain and risk the un- the confidence of the Nation he led and people. He moved a Nation. What he known. further ennobled his countrymen. shares with ancient heroes was the It is in that context that the civil For those who listen, he speaks to us great promise of youth, cut short by rights movement, the Bay of Pigs, the still. death before that promise could be ful- Nuclear Test Ban Treaty, the Cuban This Thanksgiving as we pause, let filled. missile crisis, the space race, and other us remember and be grateful for the James Reston wrote: actions of his administration will be great gift he gave us for that one The tragedy of John Fitzgerald Kennedy judged, with the constant footnote to bright, shining moment that there was greater than the accomplishment, but in that ancient thief—time. came the hero. And let us use that the end tragedy enhances the accomplish- ‘‘It was all too brief,’’ Ted Kennedy light to enlighten not only this Cham- ment and revives hope. said of his brother’s era. ber but the world. And as President What died in Dallas on November 22 Those thousand days are like an evening Kennedy would say so often, then let us was promise, the hallmark of both the gone. But they are not forgotten. You can re- go forward to lead the land we love, Kennedy administration and the man. call those years of grace, that time of hope. asking God’s blessing, but knowing ‘‘It’s sad to see what happened in this The spark still glows. The journey never here on Earth His work is our own. country,’’ Ted Sorenson has com- ends. This dream shall never die. Mr. Speaker, I yield back the balance mented. It is the end of the story of Camelot of my time. It’s as if people don’t want to believe in that takes on significance, and that f anything today. Sometimes they even turn Jacqueline Kennedy would speak so against John Kennedy because perhaps he fondly of when she would talk of her APPOINTMENT OF MEMBER TO was the last man they believed in. husband. It was the point when King BOARD OF VISITORS TO UNITED Sorenson’s remarks are well taken. I Arthur tells of his legends to a young STATES MERCHANT MARINE share his sadness and tire of cynics boy, so they would still remember ACADEMY who seek only to tear down, discredit, them even if he were killed in battle. The SPEAKER pro tempore. The destroy, and, in general, believe in Fifty years have passed and the life Chair announces the Speaker’s ap- nothing. I do not share, and I am sure and death of John Fitzgerald Kennedy pointment, pursuant to 46 U.S.C. most don’t, an untainted or distorted still holds us captive. It is the topic of 51312(b), and the order of the House of view of John Kennedy. For whatever every magazine, of every news story, January 3, 2013, of the following Mem- his human foibles and shortcomings on every television show. But we al- ber on the part of the House to the may have been, his rhetoric of purpose, ways need to make sure that we sepa- Board of Visitors to the United States his goals for this Nation, are still rate the myth from the man. John Merchant Marine Academy: worth believing in and aspiring to- Kennedy was not a myth. He was a real Mr. KING, New York wards. man with hopes and fears and doubts, f Others will say that Kennedy had a and the same human frailties and APPOINTMENT OF MEMBER TO NA- superficial charisma, hyped by his abil- many disabilities that we never even TIONAL HISTORICAL PUBLICA- ity to manipulate the media. Ralph knew about. His time in office was too TION AND RECORDS COMMISSION Martin, a biographer of Kennedy, short to objectively evaluate his long- notes: term objectives and goals, but we can The SPEAKER pro tempore. The John Kennedy had more than charisma. never forget him or let him go. Chair announces the Speaker’s ap- Sports figures have charisma. He had more Chris Matthews, in his recent book, pointment, pursuant to 44 U.S.C. 2501, than the magnetic attraction of a movie talks about a conversation that he had and the order of the House of January star. What Kennedy had was real. Magic. with Daniel Patrick Moynihan, and he 3, 2013, of the following Member on the He clearly was charismatic. He clear- recalled that Moynihan said to him, part of the House to the National His- ly was magnetic. He was poetic. But ‘‘We’ve never gotten over it.’’ And torical Publications and Records Com- above all else, the magic that he had looking at Matthews, he said, as Chris mission: was real. John Kennedy’s appeal was points out with generous appreciation, Mr. BARR, Kentucky not limited to this country, it was ‘‘You’ve never gotten over it.’’ f worldwide, as STENY HOYER pointed Matthews said: LEAVE OF ABSENCE out. Throngs gathered throughout the I saw it as a kind of benediction, an accept- world not to chant anti-American slo- ance into something warm and Irish and By unanimous consent, leave of ab- gans or to protest. They came to touch, splendid, a knighthood of the soulful. sence was granted to:

VerDate Mar 15 2010 02:24 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.068 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 21, 2013 CONGRESSIONAL RECORD — HOUSE H7349 Mr. RADEL (at the request of Mr. U.S.C. 801(a)(1)(A); to the Committee on Ag- 3795. A letter from the Secretary, Depart- CANTOR) for November 18 through De- riculture. ment of Education, transmitting the Depart- cember 31 on account of personal rea- 3785. A letter from the Secretary, Com- ment’s final rule — Student Assistance Gen- modity Futures Trading Commission, trans- eral Provisions, Federal Perkins Loan Pro- sons. mitting the Commission’s final rule — Own- gram, Federal Family Education Loan Pro- Mr. LOWENTHAL (at the request of Ms. ership and Control Reports, Forms 102/102S, gram, and William D. Ford Federal Direct PELOSI) for today on account of official and 71 (RIN: 3038-AD31) received November Loan Program [Docket ID: ED-2013-OPE-0063] business in district. 19, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to (RIN: 1840-AD12) received November 20, 2013, Mr. RUSH (at the request of Ms. the Committee on Agriculture. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 3786. A letter from the Congressional Re- PELOSI) for November 18–21 on account mittee on Education and the Workforce. view Coordinator, Department of Agri- of attending to family acute medical 3796. A letter from the Administrator, En- culture, transmitting the Department’s final vironmental Protection Agency, transmit- care and hospitalization. rule — Importation of Ovine Meat From Uru- ting the FY 2012 Superfund Five-Year Review f guay [Docket No.: APHIS-2008-0085] (RIN: Report to Congress, in accordance with the 0579-AD17) received November 18, 2013, pursu- requirements in Section 121(c) of the Com- ADJOURNMENT ant to 5 U.S.C. 801(a)(1)(A); to the Committee prehensive Environmental Response, Com- Mr. LARSON of Connecticut. Mr. on Agriculture. pensation, and Liability Act, as amended by Speaker, I move that the House do now 3787. A letter from the Congressional Re- the Superfund Amendments and Reauthor- view Coordinator, Department of Agri- adjourn. ization Act of 1986; to the Committee on En- culture, transmitting the Department’s final ergy and Commerce. The motion was agreed to; accord- rule — Importation of Fresh Beans, Shelled 3797. A letter from the Assistant Secretary, ingly (at 2 o’clock and 43 minutes or in Pods, From Jordan Into the Conti- Department of Defense, transmitting a re- p.m.), under its previous order, the nental United States [Docket No.: APHIS- port on Utilization of Contributions to the House adjourned until tomorrow, Fri- 2012-0042] (RIN: 0579-AD69) received Novem- Cooperative Threat Reduction Program; to day, November 22, 2013, at 10 a.m. ber 19, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); the Committee on Foreign Affairs. to the Committee on Agriculture. 3798. A letter from the Acting Deputy Sec- f 3788. A letter from the Administrator, Gen- retary, Department of the Treasury, trans- OATH OF OFFICE MEMBERS, RESI- eral Services Administration, transmitting mitting as required by section 401(c) of the DENT COMMISSIONER, AND DEL- two reports of violations of the National Emergencies Act, 50 U.S.C. 1641(c), Antideficiency Act in the Acquisition Serv- EGATES and section 204(c) of the International Emer- ices Fund, pursuant to 31 U.S.C. 1517(b); to gency Economic Powers Act, 50 U.S.C. The oath of office required by the the Committee on Appropriations. 1703(c), a six-month periodic report on the sixth article of the Constitution of the 3789. A letter from the Director, Defense national emergency with respect to Yemen United States, and as provided by sec- Procurement and Acquisition Policy, De- that was declared in Executive Order 13611 of partment of Defense, transmitting the De- tion 2 of the act of May 13, 1884 (23 May 16, 2012; to the Committee on Foreign partment’s final rule — Defense Federal Ac- Affairs. Stat. 22), to be administered to Mem- quisition Regulation Supplement: Safe- 3799. A letter from the Acting Adminis- bers, Resident Commissioner, and Dele- guarding Unclassified Controlled Technical trator and Chief Executive Officer, Depart- gates of the House of Representatives, Information (DFARS Case 2011-D039) (RIN: ment of Energy, transmitting submission of the text of which is carried in 5 U.S.C. 0750-AG47) received November 15, 2013, pursu- Bonneville Power Administration’s (BPA) 3331: ant to 5 U.S.C. 801(a)(1)(A); to the Committee 2013 Annual Report, pursuant to 16 U.S.C. on Armed Services. 839(h)(12)(B) Public Law 96-501, section ‘‘I, AB, do solemnly swear (or af- 3790. A letter from the Director, Defense firm) that I will support and defend 4(h)(12)(A); to the Committee on Oversight Procurement and Acquisition Policy, De- and Government Reform. the Constitution of the United partment of Defense, transmitting the De- 3800. A letter from the President, African States against all enemies, foreign partment’s final rule — Defense Federal Ac- Development Foundation, transmitting a and domestic; that I will bear true quisition Regulation Supplement: Removal letter fulfilling the annual requirements faith and allegiance to the same; of DFARS Coverage on Contractors Per- contained in the Inspector General Act of that I take this obligation freely, forming Private Security Functions (DFARS 1978, as amended, covering the period Octo- without any mental reservation or Case 2013-D037) (RIN: 0750-AI12) received No- ber 1, 2012 to September 30, 2013, pursuant to vember 15, 2013, pursuant to 5 U.S.C. 5 U.S.C. app. (Insp. Gen. Act), section 5(b); to purpose of evasion; and that I will 801(a)(1)(A); to the Committee on Armed the Committee on Oversight and Govern- well and faithfully discharge the Services. ment Reform. duties of the office on which I am 3791. A letter from the Director, Defense 3801. A letter from the Chairman, Council about to enter. So help me God.’’ Procurement and Acquisition Policy, De- of the District of Columbia, transmitting partment of Defense, transmitting the De- has been subscribed to in person and Transmittal of D.C. ACT 20-211, ‘‘Driver’s partment’s final rule — Defense Federal Ac- Safety Amendment Act of 2013’’; to the Com- filed in duplicate with the Clerk of the quisition Regulation Supplement: Require- mittee on Oversight and Government Re- House of Representatives by the fol- ments Relating to Supply Chain Risk form. lowing Member of the 113th Congress, (DFARS Case 2012-D050) (RIN: 0750-AH96) re- 3802. A letter from the Executive Analyst, pursuant to the provisions of 2 U.S.C. ceived Novmeber 15, 2013, pursuant to 5 Department of Health and Human Services, 25: U.S.C. 801(a)(1)(A); to the Committee on transmitting three reports pursuant to the Armed Services. VANCE M. MCALLISTER, Fifth District Federal Vacancies Reform Act of 1998; to the 3792. A letter from the Acting Under Sec- of Louisiana. Committee on Oversight and Government retary, Department of Defense, transmitting Reform. f a letter on the approved retirement of Lieu- 3803. A letter from the Associate General tenant General Darrell D. Jones, United Counsel for General Law, Department of EXECUTIVE COMMUNICATIONS, States Air Force, and his advancement on Homeland Security, transmitting a report ETC. the retired list in the grade of lieutenant pursuant to the Federal Vacancies Reform Under clause 2 of rule XIV, executive general; to the Committee on Armed Serv- Act of 1998; to the Committee on Oversight communications were taken from the ices. and Government Reform. 3793. A letter from the Chief Counsel, De- 3804. A letter from the Associate General Speaker’s table and referred as follows: partment of Homeland Security, transmit- Counsel for General Law, Department of 3783. A letter from the Deputy Secretary, ting the Department’s final rule — Suspen- Homeland Security, transmitting a report Commodity Futures Trading Commission, sion of Community Eligibility; LaGrange pursuant to the Federal Vacancies Reform transmitting the Commission’s final rule — County, IN, et al. [Docket ID: FEMA-2013- Act of 1998; to the Committee on Oversight Swap Dealers and Major Swap Participants; 0002] [Internal Agency Docket No.: FEMA- and Government Reform. Clerical or Ministerial Employees (RIN: 3038- 8305] received November 15, 2013, pursuant to 3805. A letter from the Board Chair and AE00) received November 15, 2013, pursuant 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- Chief Executive Officer, Farm Credit Admin- to 5 U.S.C. 801(a)(1)(A); to the Committee on nancial Services. istration, transmitting the semiannual re- Agriculture. 3794. A letter from the Director, Commu- port on the activities of the Office of Inspec- 3784. A letter from the Secretary, Com- nity Development Financial Institutions tor General of the Farm Credit Administra- modity Futures Trading Commission, trans- Fund, Department of the Treasury, trans- tion for the period April 1, 2013 through Sep- mitting the Commission’s final rule — Pro- mitting the Department’s final rule — Modi- tember 30, 2013; and the semiannual Manage- tection of Collateral of Counterparties to fication of Financial Reporting Require- ment Report on the Status of Audits for the Uncleared Swaps; Treatment of Securities in ments for Non-Profit Organizations received same period; to the Committee on Oversight a Portfolio Margining Account in a Com- November 15, 2013, pursuant to 5 U.S.C. and Government Reform. modity Broker Bankruptcy (RIN: 3038-AD28) 801(a)(1)(A); to the Committee on Financial 3806. A letter from the Acting Director, Of- received November 15, 2013, pursuant to 5 Services. fice of Personnel Management, transmitting

VerDate Mar 15 2010 02:24 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K21NO7.070 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7350 CONGRESSIONAL RECORD — HOUSE November 21, 2013 the Office’s final rule — Federal Employees and Plants; Removal of the Magazine Moun- Administration, transmitting the Adminis- Health Benefits Program and Federal Em- tain Shagreen from the List of Endangered tration’s final rule — Fisheries of the Exclu- ployees Dental and Vision Insurance Pro- and Threatened Wildlife [Docket No.: FWS- sive Economic Zone Off Alaska; Pacific gram: Expanding Coverage of Children; Fed- R4-ES-2012-0002] (RIN: 1018-AX59) received Ocean Perch in the Bering Sea and Aleutian eral Flexible Benefits Plan: Pre-Tax Pay- November 18, 2013, pursuant to 5 U.S.C. Islands Management Area [Docket No.: ment of Health Benefits Premiums: Con- 801(a)(1)(A); to the Committee on Natural 121018563-3148-02] (RIN: 0648-XC944) received forming Amendments (RIN: 3206-AM55) re- Resources. November 18, 2013, pursuant to 5 U.S.C. ceived November 12, 2013, pursuant to 5 3815. A letter from the Chief, Branch of 801(a)(1)(A); to the Committee on Natural U.S.C. 801(a)(1)(A); to the Committee on Foreign Species, Department of the Interior, Resources. Oversight and Government Reform. transmitting the Department’s final rule — 3823. A letter from the Director, Office of 3807. A letter from the Director, Office of Endangered and Threatened Wildlife and Sustainable Fisheries, NMFS, National Oce- Financial Management, Capitol Police, Plants; Listing Five Foreign Bird Species in anic and Atmospheric Administration, trans- transmitting the semiannual report of re- Colombia and Ecuador, South America, as mitting the Administration’s final rule — ceipts and expenditures of appropriations Endangered Throughout Their Range [Dock- Endangered and Threatened Species; and other funds for the period April 1, 2013 et No.: FWS-R9-IA-2009-12] (RIN: 1018-AV75) Delisting of the Eastern District Population through September 30, 2013; (H. Doc. No. received November 18, 2013, pursuant to 5 Segment of Steller Sea Lion Under the En- 113—74); to the Committee on House Admin- U.S.C. 801(a)(1)(A); to the Committee on Nat- dangered Species Act; Amendment to Special istration and ordered to be printed. ural Resources. Protection Measures for Endangered Marine 3808. A letter from the Federal Register Li- 3816. A letter from the Director, Office of Mammals [Docket No.: 110901553-3764-02] aison Officer/Clearance Officer, Department Sustainable Fisheries, NMFS, Department of (RIN: 0648-BB41) received November 18, 2013, of the Interior, transmitting the Depart- the Interior, transmitting the Administra- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment’s final rule — Amendments to Remain- tion’s final rule — Taking of Marine Mam- mittee on Natural Resources. ing OMB-approved Forms [Docket No.: mals Incidental Commercial Fishing Oper- 3824. A letter from the Assistant Chief ONRR-2011-0022] [DS63610300 ations; Harbor Porpoise Take Reduction Counsel for Hazardous Materials Safety, De- DR2PS0000.CH7000 134D0102R2] (RIN: 1012- Plan Regulations [Docket No.: 130703586-3834- partment of Transportation, transmitting AA09) received November 18, 2013, pursuant 02] (RIN: 0648-BD43) received November 15, the Department’s final rule — Hazardous Ma- to 5 U.S.C. 801(a)(1)(A); to the Committee on 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the terials: Minor Editorial Corrections and Natural Resources. Committee on Natural Resources. Clarifications (RRR) [Docket No.: PHMSA- 3809. A letter from the Chief, Branch of 3817. A letter from the Acting Deputy Di- 2013-0158 (HM244F)](RIN: 2137-AF03) received Permits and Regulations, Division of Migra- rector, Office of Sustainable Fisheries, November 20, 2013, pursuant to 5 U.S.C. tory Bird Management, Department of the NMFS, National Oceanic and Atmospheric 801(a)(1)(A); to the Committee on Transpor- Interior, transmitting the Department’s Administration, transmitting the Adminis- tation and Infrastructure. final rule — Migratory Bird Hunting; Appli- tration’s final rule — Fisheries of the Exclu- 3825. A letter from the Paralegal Spe- cation for Approval of Copper-Clad Iron Shot sive Economic Zone off Alaska; Pacific cialist, Department of Transportation, trans- and Fluoropolymer Shot Coatings as Ocean Perch in the Bering Sea and Aleutian mitting the Department’s final rule — Air- Nontoxic for Water Fowl Hunting [Docket Islands Management Area [Docket No.: worthiness Directives; Eurocopter France No.: FWS-R9-MB-2012-0028 and FWS-R9-MB- 121018563-3148-02] (RIN: 0648-XC943) received Helicopters [Docket No.: FAA-2013-0479; Di- 2012-0038; FF09M21200-134-FXMB1231099BPP0] November 18, 2013, pursuant to 5 U.S.C. rectorate Identifier 2011-SW-070-AD; Amend- (RIN: 1018-AY61, 1018-AY66) received Novem- 801(a)(1)(A); to the Committee on Natural ment 39-17649; AD 2013-22-17] (RIN: 2120-AA64) received November 20, 2013, pursuant to 5 ber 18, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); Resources. U.S.C. 801(a)(1)(A); to the Committee on to the Committee on Natural Resources. 3818. A letter from the Director, Office of 3810. A letter from the Chief, Branch of Sustainable Fisheries, NMFS, National Oce- Transportation and Infrastructure. 3826. A letter from the Paralegal Spe- Permits and Regulations, Division of Migra- anic and Atmospheric Administration, trans- cialist, Department of Transportation, trans- tory Bird Management, Department of the mitting the Administration’s final rule — mitting the Department’s final rule — Interior, transmitting the Department’s Fisheries of the Northeastern United States; Amendment of Class E Airspace; Kankakee, final rule — Migratory Bird Permits; Depre- Northeast Multispecies Fishery; Emergency IL [Docket No.: FAA-2013-0176; Airspace dation Order for Migratory Birds in Cali- Rule Extension, Georges Bank Yellowtail Docket No.: 13-AGL-13] received November fornia [Docket No.: FWS-R9-MB-2012-0037; Flounder and White Hake Catch Limits and 20, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to FF09MB21200-134-FXMB1231099BPP0] (RIN: GOM Cod Carryover Revisions [Docket No.: the Committee on Transportation and Infra- 1018-AY65) received November 18, 2013, pursu- 130219149-3397-02] (RIN: 0648-BC97) received structure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee November 18, 2013, pursuant to 5 U.S.C. 3827. A letter from the Paralegal Spe- on Natural Resources. 801(a)(1)(A); to the Committee on Natural cialist, Department of Transportation, trans- 3811. A letter from the Branch Chief, En- Resources. mitting the Department’s final rule — Air- dangered Species Listing, Department of the 3819. A letter from the Acting Deputy Di- worthiness Directives; DG Flugzeugbau Interior, transmitting the Department’s rector, Office of Sustainable Fisheries, GmbH Gliders [Docket No.: FAA-2013-0929; final rule — Endangered and Threatened NMFS, National Oceanic and Atmospheric Directorate Identifier 2013-CE-031-AD; Wildlife and —Plants; Determination of En- Administration, transmitting the Adminis- Amendment 39-17646; AD 2013-22-14] (RIN: dangered Species Status for Mount Charles- tration’s final rule — Fisheries of the North- 2120-AA64) received November 20, 2013, pursu- ton Blue Butterfly [Docket No.: FWS-R8-ES- eastern United States; Tilefish Fishery; 2014 ant to 5 U.S.C. 801(a)(1)(A); to the Committee 2012-0069; MO 92210-0-0008 B2] (RIN: 1018-AY52) Tilefish Fishing Quota Specification (RIN: on Transportation and Infrastructure. received November 18, 2013, pursuant to 5 0648-XC887) received November 18, 2013, pur- 3828. A letter from the Paralegal Spe- U.S.C. 801(a)(1)(A); to the Committee on Nat- suant to 5 U.S.C. 801(a)(1)(A); to the Com- cialist, Department of Transportation, trans- ural Resources. mittee on Natural Resources. mitting the Department’s final rule — 3812. A letter from the Chief, Branch of 3820. A letter from the Acting Deputy Di- Amendment of Class E Airspace; Wadena, Permits and Regulations, Division of Migra- rector, Office of Sustainable Fisheries, Na- MN [Docket No.: FAA-2013-0172; Airspace tory Bird Management, Department of the tional Oceanic and Atmospheric Administra- Docket No.: 13-AGL-9] received November 20, Interior, transmitting the Department’s tion, transmitting the Administration’s final 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the final rule — Migratory Bird Permits; Defini- rule — Fisheries of the Exclusive Economic Committee on Transportation and Infra- tion of ‘‘Hybrid’’ Migratory Bird [Docket Zone Off Alaska; Atka Mackerel in the Ber- structure. No.: FWS-R9-MB-2011-0060; FF09M21200-134- ing Sea and Aleutian Islands Management 3829. A letter from the Paralegal Spe- XMB123199BPP0] (RIN: 1018-AX90) received Area [Docket No.: 121018563-3148-02] (RIN: cialist, Department of Transportation, trans- November 18, 2013, pursuant to 5 U.S.C. 0648-XC946) received November 18, 2013, pur- mitting the Department’s final rule — 801(a)(1)(A); to the Committee on Natural suant to 5 U.S.C. 801(a)(1)(A); to the Com- Amendment of Class E Airspace; Wash- Resources. mittee on Natural Resources. ington, KS [Docket No.: FAA-2013-0584; Air- 3813. A letter from the Chief, Branch of 3821. A letter from the Acting Deputy Di- space Docket No.: 13-ACE-6] received Novem- Permits and Regulations, Division of Migra- rector, Office of Sustainable Fisheries, ber 20, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); tory Bird Management, Department of the NMFS, National Oceanic and Atmospheric to the Committee on Transportation and In- Interior, transmitting the Department’s Administration, transmitting the Depart- frastructure. final rule — General Provisions; Revised List ment’s final rule — Fisheries of the Exclu- 3830. A letter from the Paralegal Spe- of Migratory Birds [Docket No.: FWS-R9-MB- sive Economic Zone Off Alaksa; Atka Mack- cialist, Department of Transportation, trans- 2010-0088, FF09M21200-134-FXMB1231099BPP0] erel in the Bering Sea and Aleutian Islands mitting the Department’s final rule — Air- (RIN: 1018-AX48) received November 18, 2013, Management Area [Docket No.: 121018563- worthiness Directives; The Boeing Company pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 3148-02] (RIN: 0648-XC945) received November Airplanes [Docket No.: FAA-2013-0564; Direc- mittee on Natural Resources. 18, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to torate Identifier 2013-NM-050-AD; Amend- 3814. A letter from the Chief, Branch of Re- the Committee on Natural Resources. ment 39-17631; AD 2013-21-07] (RIN: 2120-AA64) covery and Delisting, Department of the In- 3822. A letter from the Acting Deputy Di- received November 20, 2013, pursuant to 5 terior, transmitting the Department’s final rector, Office of Sustainable Fisheries, U.S.C. 801(a)(1)(A); to the Committee on rule — Endangered and Threatened Wildlife NMFS, National Oceanic and Atmospheric Transportation and Infrastructure.

VerDate Mar 15 2010 02:24 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\L21NO7.000 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 21, 2013 CONGRESSIONAL RECORD — HOUSE H7351 3831. A letter from the Paralegal Spe- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- AgustaWestland) Helicopters [Docket No.: cialist, Department of Transportation, trans- mittee on Transportation and Infrastruc- FAA-2012-0529; Directorate Identifier 2011- mitting the Department’s final rule — Estab- ture. SW-050-AD; Amendment 39-17648; AD 2013-22- lishment of Class D Airspace; Mesquite, TX 3841. A letter from the Paralegal Spe- 16] (RIN: 2120-AA64) received November 20, [Docket No.: FAA-2012-0580; Airspace Docket cialist, Department of Transportation, trans- 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the No.: 12-ASW-2] received November 20, 2013, mitting the Department’s final rule — Estab- Committee on Transportation and Infra- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- lishment of Class E Airspace; Cut Bank, MT structure. mittee on Transportation and Infrastruc- [Docket No.: FAA-2013-0532; Airspace Docket 3850. A letter from the Paralegal Spe- ture. No.: 13-ANM-21] received November 20, 2013, cialist, Department of Transportation, trans- 3832. A letter from the Paralegal Spe- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule — Air- cialist, Department of Transportation, trans- mittee on Transportation and Infrastruc- worthiness Directives; The Boeing Company mitting the Department’s final rule — Estab- ture. Airplanes [Docket No.: FAA-2013-0328; Direc- lishment of Class E Airspace; Curtis, NE 3842. A letter from the Paralegal Spe- torate Identifier 2012-NM-184-AD; Amend- [Docket No.: FAA-2013-0608; Airspace Docket cialist, Department of Transportation, trans- ment 39-17643; AD 2013-22-11] (RIN: 2120-AA64) No.: 13-ACE-14] received November 20, 2013, mitting the Department’s final rule — Modi- received November 20, 2013, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- fication of Class D and E Airspace; Kenai, U.S.C. 801(a)(1)(A); to the Committee on mittee on Transportation and Infrastruc- AK [Docket No.: FAA-2012-1174; Airspace Transportation and Infrastructure. ture. Docket No.: 12-AAL-12] received November 3851. A letter from the Paralegal Spe- 3833. A letter from the Paralegal Spe- 20, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to cialist, Department of Transportation, trans- cialist, Department of Transportation, trans- the Committee on Transportation and Infra- mitting the Department’s final rule — Air- mitting the Department’s final rule — Air- structure. worthiness Directives; Empresa Brasileira de worthiness Directives; The Boeing Company 3843. A letter from the Paralegal Spe- Aeronautica S.A. (EMBRAER) Airplanes Airplanes [Docket No.: FAA-2013-0666; Direc- cialist, Department of Transportation, trans- [Docket No.: FAA-2013-0868; Directorate torate Identifier 2013-NM-060-AD; Amend- mitting the Department’s final rule — Air- Identifier 2013-NM-194-AD; Amendment 39- ment 39-17635; AD 2013-22-03] (RIN: 2120-AA64) worthiness Directives; Sikorsky Aircraft 17650; AD 2013-22-18] (RIN: 2120-AA64) received received November 20, 2013, pursuant to 5 Corporation (Sikorsky) Helicopters [Docket November 20, 2013, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on No.: FAA-2013-0514; Directorate Identifier 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. 2012-SW-068-AD; Amendment 39-17647; AD tation and Infrastructure. 3834. A letter from the Paralegal Spe- 2013-22-15] (RIN: 2120-AA64) received Novem- 3852. A letter from the Paralegal Spe- cialist, Department of Transportation, trans- ber 20, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); cialist, Department of Transportation, trans- mitting the Department’s final rule — Estab- to the Committee on Transportation and In- mitting the Department’s final rule — Air- lishment of Class E Airspace; Ennis, MT frastructure. worthiness Directives; Bell Helicopter Tex- [Docket No.: FAA-2013-0280; Airspace Docket 3844. A letter from the Paralegal Spe- tron Canada Limited (Bell) Helicopters No.: 13-ANM-13] received November 20, 2013, cialist, Department of Transportation, trans- [Docket No.: FAA-2013-0488; Directorate pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule — Air- Identifier 2008-SW-002-AD; Amendment 39- mittee on Transportation and Infrastruc- worthiness Directives; PILATUS Aircraft 17619; AD 2013-20-13] (RIN: 2120-AA64) received ture. Ltd. Airplanes [Docket No.: FAA-2013-0928; November 20, 2013, pursuant to 5 U.S.C. 3835. A letter from the Paralegal Spe- Directorate Identifier 2013-CE-036-AD; 801(a)(1)(A); to the Committee on Transpor- cialist, Department of Transportation, trans- Amendment 39-17645; AD 2013-22-13] (RIN: tation and Infrastructure. mitting the Department’s final rule — Modi- 2120-AA64) received November 20, 2013, pursu- 3853. A letter from the Paralegal Spe- fication of Class E Airspace; Cut Bank, MT ant to 5 U.S.C. 801(a)(1)(A); to the Committee cialist, Department of Transportation, trans- [Docket No.: FAA-2013-0664; Airspace Docket on Transportation and Infrastructure. mitting the Department’s final rule — Air- No.: 13-ANM-22] received November 20, 2013, 3845. A letter from the Paralegal Spe- worthiness Directives; Bombardier, Inc. Air- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- cialist, Department of Transportation, trans- planes [Docket No.: FAA-2012-0594; Direc- mittee on Transportation and Infrastruc- mitting the Department’s final rule — Air- torate Identifier 2012-NM-019-AD; Amend- ture. worthiness Directives; Eurocopter Deutsch- ment 39-17641; AD 2013-22-09] (RIN: 2120-AA64) 3836. A letter from the Paralegal Spe- land GmbH (ECD) Helicopters [Docket No.: received November 20, 2013, pursuant to 5 cialist, Department of Transportation, trans- FAA-2013-0519; Directorate Identifier 2010- U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule — Estab- SW-068-AD; Amendment 39-17623; AD 2013-20- Transportation and Infrastructure. lishment of Class E Airspace; Glasgow, MT 17] (RIN: 2120-AA64) received November 20, 3854. A letter from the Paralegal Spe- [Docket No.: FAA-2013-0529; Airspace Docket 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the cialist, Department of Transportation, trans- No.: 13-ANM-17] received November 20, 2013, Committee on Transportation and Infra- mitting the Department’s final rule — Air- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- structure. worthiness Directives; Bell Helicopter Tex- mittee on Transportation and Infrastruc- 3846. A letter from the Paralegal Spe- tron Canada Limited (Bell) Helicopters ture. cialist, Department of Transportation, trans- [Docket No.: FAA-2013-0491; Directorate 3837. A letter from the Paralegal Spe- mitting the Department’s final rule — Air- Identifier 2008-SW-012-AD; Amendment 39- cialist, Department of Transportation, trans- worthiness Directives; Embraer S.A. Air- 17609; AD 2013-20-03] (RIN: 2120-AA64) received mitting the Department’s final rule — Modi- planes [Docket No.: FAA-2013-0936; Direc- November 20, 2013, pursuant to 5 U.S.C. fication of Class E Airspace; Prineville, OR torate Identifier 2013-CE-033-AD; Amendment 801(a)(1)(A); to the Committee on Transpor- [Docket No.: FAA-2013-0576; Airspace Docket 39-17652; AD 2013-22-20] (RIN: 2120-AA64) re- tation and Infrastructure. No.: 13-ANM-11] received November 20, 2013, ceived November 20, 2013, pursuant to 5 3855. A letter from the Paralegal Spe- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on cialist, Department of Transportation, trans- mittee on Transportation and Infrastruc- Transportation and Infrastructure. mitting the Department’s final rule — Air- ture. 3847. A letter from the Paralegal Spe- worthiness Directives; Bell Helicopter Tex- 3838. A letter from the Paralegal Spe- cialist, Department of Transportation, trans- tron Canada Limited (Bell) Helicopters cialist, Department of Transportation, trans- mitting the Department’s final rule — Air- [Docket No.: FAA-2013-0490; Directorate mitting the Department’s final rule — Estab- worthiness Directives; DG Flugzeugbau Identifier 2008-SW-004-AD; Amendment 39- lishment of Class E Airspace; Salmon, ID GmbH Gliders [Docket No.: FAA-2013-0927; 17611; AD 2013-20-05] (RIN: 2120-AA64) received [Docket No.: FAA-2013-0531; Airspace Docket Directorate Identifier 2013-CE-030-AD; November 20, 2013, pursuant to 5 U.S.C. No.: 13-ANM-20] received November 20, 2013, Amendment 39-17644; AD 2013-22-12] (RIN: 801(a)(1)(A); to the Committee on Transpor- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2120-AA64) received November 20, 2013, pursu- tation and Infrastructure. mittee on Transportation and Infrastruc- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 3856. A letter from the Paralegal Spe- ture. on Transportation and Infrastructure. cialist, Department of Transportation, trans- 3839. A letter from the Paralegal Spe- 3848. A letter from the Paralegal Spe- mitting the Department’s final rule — Air- cialist, Department of Transportation, trans- cialist, Department of Transportation, trans- worthiness Directives; Bell Helicopter Tex- mitting the Department’s final rule — Quali- mitting the Department’s final rule — Air- tron Canada Limited (Bell) Helicopters fication, Service, and Use of Crewmembers worthiness Directives; Bell Helicopter Tex- [Docket No.: FAA-2013-0492; Directorate and Aircraft Dispatchers [Docket No.: FAA- tron Inc., Helicopters [Docket No.: FAA-2013- Identifier 2008-SW-013-AD; Amendment 39- 2008-0677; Amdt. No. 121-366] (RIN: 2120-AJ00) 0481; Directorate Identifier 2011-SW-003-AD; 17608; AD 2013-20-02] (RIN: 2120-AA64) received received November 20, 2013, pursuant to 5 Amendment 39-17653; AD 2013-22-21] (RIN: November 20, 2013, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on 2120-AA64) received November 20, 2013, pursu- 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee tation and Infrastructure. 3840. A letter from the Paralegal Spe- on Transportation and Infrastructure. 3857. A letter from the Paralegal Spe- cialist, Department of Transportation, trans- 3849. A letter from the Paralegal Spe- cialist, Department of Transportation, trans- mitting the Department’s final rule — Estab- cialist, Department of Transportation, trans- mitting the Department’s final rule — Air- lishment of Class E Airspace; Rome, OR mitting the Department’s final rule — Air- worthiness Directives; BAE Systems (Oper- [Docket No.: FAA-2013-0533; Airspace Docket worthiness Directives; Agusta S.p.A. (Type ations) Limited Airplanes [Docket No.: FAA- No.: 13-ANM-19] received November 20, 2013, Certificate Currently held by 2013-0631; Directorate Identifier 2012-NM-142-

VerDate Mar 15 2010 02:24 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\L21NO7.000 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7352 CONGRESSIONAL RECORD — HOUSE November 21, 2013 AD; Amendment 39-17640; AD 2013-22-08] (RIN: 3866. A letter from the Paralegal Spe- vember 21, 2013, pursuant to 5 U.S.C. 2120-AA64) received November 20, 2013, pursu- cialist, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Ways and ant to 5 U.S.C. 801(a)(1)(A); to the Committee mitting the Department’s final rule — Air- Means. on Transportation and Infrastructure. worthiness Directives; Sikorsky Aircraft 3875. A letter from the Secretary, Depart- 3858. A letter from the Paralegal Spe- Corporation Helicopters [Docket No.: FAA- ment of Defense, transmitting a notification cialist, Department of Transportation, trans- 2013-0352; Directorate Identifier 2012-SW-063- to Congress that the Department will com- mitting the Department’s final rule — Air- AD; Amendment 39-17598; AD 2013-19-16] (RIN: mence disaster relief operations in the Phil- worthiness Directives; Bell Helicopter Tex- 2120-AA64) received November 20, 2013, pursu- ippines; jointly to the Committees on Armed tron Canada Limited (Bell) Helicopters ant to 5 U.S.C. 801(a)(1)(A); to the Committee Services and Foreign Affairs. [Docket No.: FAA-2013-0526; Directorate on Transportation and Infrastructure. f Identifier 2008-SW-14-AD; Amendment 39- 3867. A letter from the Paralegal Spe- 17633; AD 2013-22-01] (RIN: 2120-AA64) received cialist, Department of Transportation, trans- REPORTS OF COMMITTEES ON November 20, 2013, pursuant to 5 U.S.C. mitting the Department’s final rule — Air- PUBLIC BILLS AND RESOLUTIONS 801(a)(1)(A); to the Committee on Transpor- worthiness Directives; The Boeing Company tation and Infrastructure. Airplanes [Docket No.: FAA-2011-0155; Direc- Under clause 2 of rule XIII, reports of 3859. A letter from the Paralegal Spe- torate Identifier 2009-NM-141-AD; Amend- committees were delivered to the Clerk cialist, Department of Transportation, trans- ment 39-17581; AD 2013-18-08] (RIN: 2120-AA64) for printing and reference to the proper mitting the Department’s final rule — Air- received November 20, 2013, pursuant to 5 calendar, as follows: worthiness Directives; ATR-GIE Avions de U.S.C. 801(a)(1)(A); to the Committee on Mr. MCCAUL: Committee on Homeland Se- Transport Regional Airplanes [Docket No.: Transportation and Infrastructure. curity. H.R. 1791. A bill to amend the Home- FAA-2013-0624; Directorate Identifier 2013- 3868. A letter from the Paralegal Spe- land Security Act of 2002 to codify authority NM-071-AD; Amendment 39-17632; AD 2013-21- cialist, Department of Transportation, trans- under existing grant guidance authorizing 08] (RIN: 2120-AA64) received November 20, mitting the Department’s final rule — use of Urban Area Security Initiative and 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the Standard Instrument Approach Procedures, State Homeland Security Grant Program Committee on Transportation and Infra- and Takeoff Minimums and Obstacle Depar- funding for enhancing medical preparedness, structure. ture Procedures; Miscellaneous Amendments medical surge capacity, and mass prophy- 3860. A letter from the Paralegal Spe- [Docket No.: 30921; Amdt. No. 3556] received laxis capabilities; with an amendment (Rept. cialist, Department of Transportation, trans- November 20, 2013, pursuant to 5 U.S.C. 113–273). Referred to the Committee of the mitting the Department’s final rule — Air- 801(a)(1)(A); to the Committee on Transpor- Whole House on the state of the Union. worthiness Directives; Airbus Airplanes tation and Infrastructure. Mr. MCCAUL: Committee on Homeland Se- [Docket No.: FAA-2013-0665; Directorate 3869. A letter from the Paralegal Spe- curity. H.R. 1095. A bill to amend title 49, Identifier 2012-NM-082-AD; Amendment 39- cialist, Department of Transportation, trans- United States Code, to direct the Assistant 17634; AD 2013-22-02] (RIN: 2120-AA64) received mitting the Department’s final rule — Secretary of Homeland Security (Transpor- November 20, 2013, pursuant to 5 U.S.C. Standard Instrument Approach Procedures, tation Security Administration) to transfer 801(a)(1)(A); to the Committee on Transpor- and Takeoff Minimums and Obstacle Depar- unclaimed money recovered at airport secu- tation and Infrastructure. ture Procedures; Miscellaneous Amendments rity checkpoints to nonprofit organizations 3861. A letter from the Paralegal Spe- [Docket No.: 30920; Amdt. No. 3555] received that provide places of rest and recuperation cialist, Department of Transportation, trans- November 20, 2013, pursuant to 5 U.S.C. at airports for members of the Armed Forces mitting the Department’s final rule — Air- 801(a)(1)(A); to the Committee on Transpor- and their families, and for other purposes; worthiness Directives; Airbus Airplanes tation and Infrastructure. [Docket No.: FAA-2013-0543; Directorate 3870. A letter from the Paralegal Spe- with an amendment (Rept. 113–274). Referred Identifier 2012-NM-202-AD; Amendment 39- cialist, Department of Transportation, trans- to the Committee of the Whole House on the 17610; AD 2013-20-04] (RIN: 2120-AA64) received mitting the Department’s final rule — state of the Union. November 20, 2013, pursuant to 5 U.S.C. Standard Instrument Approach Procedures, Mr. MCCAUL: Committee on Homeland Se- 801(a)(1)(A); to the Committee on Transpor- and Takeoff Minimums and Obstacle Depar- curity. H.R. 2719. A bill to require the Trans- tation and Infrastructure. ture Procedures; Miscellaneous Amendments portation Security Administration to imple- 3862. A letter from the Paralegal Spe- [Docket No.: 30925; Amdt. No. 3560] received ment best practices and improve trans- cialist, Department of Transportation, trans- November 20, 2013, pursuant to 5 U.S.C. parency with regard to technology acquisi- mitting the Department’s final rule — Air- 801(a)(1)(A); to the Committee on Transpor- tion programs, and for other purposes; with worthiness Directives; Agusta S.p.A. Heli- tation and Infrastructure. an amendment (Rept. 113–275). Referred to copters (Type certificate currently held by 3871. A letter from the Paralegal Spe- the Committee of the Whole House on the AgustaWestland S.p.A.) (Agusta) Helicopters cialist, Department of Transportation, trans- state of the Union. [Docket No.: FAA-2013-0518; Directorate mitting the Department’s final rule — f Identifier 2009-SW-021-AD; Amendment 39- Standard Instrument Approach Procedures, 17607; AD 2013-20-01] (RIN: 2120-AA64) received and Takeoff Minimums and Obstacle Depar- PUBLIC BILLS AND RESOLUTIONS November 20, 2013, pursuant to 5 U.S.C. ture Procedures; Miscellaneous Amendments Under clause 2 of rule XII, public 801(a)(1)(A); to the Committee on Transpor- [Docket No.: 30926; Amdt. No. 3561] received bills and resolutions of the following tation and Infrastructure. November 20, 2013, pursuant to 5 U.S.C. titles were introduced and severally re- 3863. A letter from the Paralegal Spe- 801(a)(1)(A); to the Committee on Transpor- ferred, as follows: cialist, Department of Transportation, trans- tation and Infrastructure. mitting the Department’s final rule — Air- 3872. A letter from the Paralegal Spe- By Mr. MCKINLEY (for himself, Mr. worthiness Directives; Robinson Helicopter cialist, Department of Transportation, trans- RAHALL, Mrs. CAPITO, Mr. STIVERS, Company (Robinson) [Docket No.: FAA-2013- mitting the Department’s final rule — Mr. BARR, Mr. JOHNSON of Ohio, Mrs. 0380; Directorate Identifier 2012-SW-067-AD; Standard Instrument Approach Procedures, WAGNER, Mr. PEARCE, and Mr. Amendment 39-17588; AD 2013-19-05] (RIN: and Takeoff Minimums and Obstacle Depar- ROTHFUS): 2120-AA64) received November 20, 2013, pursu- ture Procedures; Miscellaneous Amendments H.R. 3570. A bill to prohibit the United ant to 5 U.S.C. 801(a)(1)(A); to the Committee [Docket No.: 30924; Amdt. No. 3559] received States from following guidance issued by the on Transportation and Infrastructure. November 20, 2013, pursuant to 5 U.S.C. Secretary of the Treasury regarding how 3864. A letter from the Paralegal Spe- 801(a)(1)(A); to the Committee on Transpor- multilateral development banks should en- cialist, Department of Transportation, trans- tation and Infrastructure. gage with developing countries on coal-fired mitting the Department’s final rule — Air- 3873. A letter from the Paralegal Spe- power generation, and for other purposes; to worthiness Directives; Airbus Airplanes cialist, Department of Transportation, trans- the Committee on Financial Services. [Docket No.: FAA-2013-0360; Directorate mitting the Department’s final rule — By Ms. SCHAKOWSKY (for herself, Identifier 2013-NM-033-AD; Amendment 39- Standard Instrument Approach Procedures, Mrs. LOWEY, Mr. ENGEL, Ms. 17591; AD 2013-19-09] (RIN: 2120-AA64) received and Takeoff Minimums and Obstacle Depar- WASSERMAN SCHULTZ, Mr. HANNA, and November 20, 2013, pursuant to 5 U.S.C. ture Procedures; Miscellaneous Amendments Mr. GIBSON): 801(a)(1)(A); to the Committee on Transpor- [Docket No.: 30923; Amdt. No. 3558] received H.R. 3571. A bill to prevent international tation and Infrastructure. November 20, 2013, pursuant to 5 U.S.C. violence against women, and for other pur- 3865. A letter from the Paralegal Spe- 801(a)(1)(A); to the Committee on Transpor- poses; to the Committee on Foreign Affairs. cialist, Department of Transportation, trans- tation and Infrastructure. By Mr. MCINTYRE: mitting the Department’s final rule — Air- 3874. A letter from the Chief, Publications H.R. 3572. A bill to revise the boundaries of worthiness Directives; Eurocopter France and Regulations Branch, Internal Revenue certain John H. Chafee Coastal Barrier Re- (Eurocopter) Helicopters [Docket No.: FAA- Service, transmitting the Service’s final rule sources System units in North Carolina; to 2013-0480; Directorate Identifier 2012-SW-090- — Application of Windsor Decision and Rev. the Committee on Natural Resources. AD; Amendment 39-17589; AD 2013-19-07] (RIN: Rul. 2013-17 to Employment Taxes and Spe- By Mr. CARTWRIGHT (for himself, Mr. 2120-AA64) received November 20, 2013, pursu- cial Administrative Procedures for Employ- COLE, Mr. BISHOP of Utah, Mr. ant to 5 U.S.C. 801(a)(1)(A); to the Committee ers to Make Adjustments or Claims for Re- LOEBSACK, Mr. CUMMINGS, Mr. WOLF, on Transportation and Infrastructure. fund or Credit [Notice 2013-61] received No- Mr. WITTMAN, Mr. LYNCH, Mrs.

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BUSTOS, Mr. AUSTIN SCOTT of Geor- H.R. 3579. A bill to require the Secretary of By Mr. CHABOT: gia, Mr. RUNYAN, Mr. CONNOLLY, Mr. the Treasury to appear before certain com- H.R. 3589. A bill to terminate the Denali FITZPATRICK, and Mr. PERLMUTTER): mittees of the Congress before the United Commission, and for other purposes; to the H.R. 3573. A bill to ensure that the percent- States reaches the debt limit and defaults on Committee on Transportation and Infra- age increase in rates of basic pay for pre- Government obligations; to the Committee structure. vailing wage employees shall be equal to the on Ways and Means. By Mr. LATTA (for himself, Mr. percentage increase received by other Fed- By Mr. FATTAH: THOMPSON of Mississippi, Mr. WITT- eral employees in the same pay locality, and H.R. 3580. A bill to require the Secretary of MAN, and Mr. WALZ): for other purposes; to the Committee on the Treasury to use revenue generated by H.R. 3590. A bill to protect and enhance op- Oversight and Government Reform. certain fines, penalties, and settlements that portunities for recreational hunting, fishing, By Mr. ELLISON (for himself, Mr. CON- are not designated for restitution or any and shooting, and for other purposes; to the YERS, Mr. GRIJALVA, Mr. BLU- other purpose to fund evidence-based youth Committee on Natural Resources, and in ad- MENAUER, Mr. HONDA, Mr. HUFFMAN, mentoring projects, justice reinvestment ef- dition to the Committees on Agriculture, the Mr. NOLAN, Mr. SERRANO, Ms. LEE of forts, and innovations in medical research Judiciary, Transportation and Infrastruc- California, Mr. GRAYSON, and Mr. and development; to the Committee on the ture, and Energy and Commerce, for a period COHEN): Judiciary, and in addition to the Committees to be subsequently determined by the Speak- H.R. 3574. A bill to eliminate certain sub- on Education and the Workforce, Science, er, in each case for consideration of such pro- sidies for fossil-fuel production; to the Com- Space, and Technology, and Energy and visions as fall within the jurisdiction of the mittee on Ways and Means, and in addition Commerce, for a period to be subsequently committee concerned. to the Committees on Transportation and In- determined by the Speaker, in each case for By Ms. WATERS (for herself, Ms. frastructure, Natural Resources, Science, consideration of such provisions as fall with- BORDALLO, Mr. GRIJALVA, Ms. ROY- Space, and Technology, Energy and Com- in the jurisdiction of the committee con- BAL-ALLARD, Ms. LEE of California, merce, Agriculture, Appropriations, Finan- cerned. Mrs. CHRISTENSEN, Ms. HAHN, Mr. cial Services, and Foreign Affairs, for a pe- By Mr. BRADY of Texas (for himself HINOJOSA, Ms. NORTON, Ms. BROWN of riod to be subsequently determined by the and Mr. THOMPSON of California): Florida, Ms. JACKSON LEE, Mrs. Speaker, in each case for consideration of H.R. 3581. A bill to amend the Internal Rev- BEATTY, Mr. CONYERS, Ms. CLARKE, such provisions as fall within the jurisdic- enue Code of 1986 to clarify the employment Mr. HASTINGS of Florida, Mr. RANGEL, tion of the committee concerned. tax treatment and reporting of wages paid by Mr. PAYNE, Mr. ELLISON, Ms. WILSON By Ms. JACKSON LEE (for herself, Mr. professional employer organization, and for of Florida, Mr. BISHOP of Georgia, THOMPSON of Mississippi, Mr. RICH- other purposes; to the Committee on Ways Ms. MICHELLE LUJAN GRISHAM of New MOND, Ms. LORETTA SANCHEZ of Cali- and Means. Mexico, Mr. CA´ RDENAS, Mr. AL GREEN fornia, Ms. CLARKE, Mr. PAYNE, Mr. By Mr. BLUMENAUER (for himself, of Texas, Ms. SEWELL of Alabama, HIGGINS, and Mr. BARBER): Mr. HANNA, Mr. PETRI, Mr. DUNCAN of Mr. FALEOMAVAEGA, Ms. LORETTA H.R. 3575. A bill to establish conditions Tennessee, Mr. WHITFIELD, Mr. SANCHEZ of California, Mr. CUMMINGS, under which the Secretary of Homeland Se- MORAN, Mr. BISHOP of New York, and Mr. DANNY K. DAVIS of Illinois, Mr. curity may commence U.S. Customs and Ms. EDWARDS): ENGEL, Ms. CHU, Ms. MCCOLLUM, Mr. Border Protection security screening oper- H.R. 3582. A bill to establish a Water Infra- COHEN, Mr. BRADY of Pennsylvania, ations at a preclearance facility outside the structure Investment Trust Fund, and for Mr. MEEKS, Mr. HONDA, Mr. VELA, United States, and for other purposes; to the other purposes; to the Committee on Trans- Mr. LEWIS, Mr. RUSH, Mr. SERRANO, Committee on Homeland Security. portation and Infrastructure, and in addition Ms. MOORE, Mr. TAKANO, and Mr. By Mr. MCCARTHY of California (for to the Committees on Ways and Means, and ENYART): himself and Mrs. DAVIS of California): Energy and Commerce, for a period to be H.R. 3591. A bill to amend the Public H.R. 3576. A bill to amend the Uniformed subsequently determined by the Speaker, in Health Service Act to authorize grants to and Overseas Citizens Absentee Voting Act each case for consideration of such provi- provide treatment for diabetes in minority to improve ballot accessibility to uniformed sions as fall within the jurisdiction of the communities; to the Committee on Energy services voters and overseas voters, and for committee concerned. and Commerce. other purposes; to the Committee on House By Ms. ROS-LEHTINEN (for herself, By Mr. CICILLINE (for himself, Mr. Administration, and in addition to the Com- Ms. GRANGER, and Mrs. LOWEY): LANCE, Mr. MCDERMOTT, and Mr. mittees on Armed Services, and Veterans’ H.R. 3583. A bill to expand the number of RIBBLE): Affairs, for a period to be subsequently de- scholarships available to Pakistani women H.R. 3592. A bill to amend the Congres- termined by the Speaker, in each case for under the Merit and Needs-Based Scholar- sional Budget Act of 1974 to require a jobs consideration of such provisions as fall with- ship Program; to the Committee on Foreign score for each spending bill considered in in the jurisdiction of the committee con- Affairs. Congress; to the Committee on Rules, and in cerned. By Mr. STIVERS: addition to the Committee on the Budget, By Mr. PETERS of California (for him- H.R. 3584. A bill to amend the Federal for a period to be subsequently determined self, Ms. SPEIER, Mr. HONDA, Mr. Home Loan Bank Act to authorize privately by the Speaker, in each case for consider- VARGAS, Mr. SWALWELL of California, insured credit unions to become members of ation of such provisions as fall within the ju- and Mr. GARAMENDI): a Federal home loan bank, and for other pur- risdiction of the committee concerned. H.R. 3577. A bill to establish the Commis- poses; to the Committee on Financial Serv- By Mr. COFFMAN (for himself and sion on Health Care Savings through Innova- ices. Mrs. KIRKPATRICK): tive Wireless Technologies; to the Com- By Mr. SMITH of New Jersey (for him- H.R. 3593. A bill to amend title 38, United mittee on Energy and Commerce. self and Mr. SIRES): States Code, to improve the construction of By Mr. LOBIONDO (for himself, Mr. H.R. 3585. A bill to direct the President to major medical facilities, and for other pur- LARSEN of Washington, Mr. BUCSHON, submit to Congress a report on fugitives cur- poses; to the Committee on Veterans’ Af- Mr. GRAVES of Missouri, Mr. LIPIN- rently residing in other countries whose ex- fairs. SKI, and Mr. MEEHAN): tradition is sought by the United States and By Mr. COOPER: H.R. 3578. A bill to ensure that any new or related matters; to the Committee on For- H.R. 3594. A bill to prohibit the payment of revised requirement providing for the screen- eign Affairs. death gratuities to the surviving heirs of de- ing, testing, or treatment of an airman or an By Mr. PETRI: ceased Members of Congress; to the Com- air traffic controller for a sleep disorder is H.R. 3586. A bill to amend the Internal Rev- mittee on House Administration. adopted pursuant to a rulemaking pro- enue Code of 1986 to provide a credit and a By Mr. COTTON: ceeding, and for other purposes; to the Com- deduction for small political contributions; H.R. 3595. A bill to require the disclosure of mittee on Transportation and Infrastruc- to the Committee on Ways and Means. determinations with respect to which Con- ture. By Mr. GARDNER (for himself, Mr. gressional staff will be required to obtain By Mr. MARCHANT (for himself, Mr. WELCH, and Mr. BUCSHON): health insurance coverage through an Ex- BRADY of Texas, Mr. SAM JOHNSON of H.R. 3587. A bill to amend the National En- change; to the Committee on House Adminis- Texas, Mr. ROSKAM, Mr. BOUSTANY, ergy Conservation Policy Act to provide tration. Mr. TIBERI, Mr. NUNES, Mr. REICHERT, guidance on utility energy service contracts By Ms. DEGETTE: Mr. GERLACH, Mr. PRICE of Georgia, used by Federal agencies, and for other pur- H.R. 3596. A bill to amend title XIX of the Ms. JENKINS, Mrs. BLACK, Mr. poses; to the Committee on Energy and Com- Social Security Act to provide medical as- SCHOCK, Mr. YOUNG of Indiana, Mr. merce. sistance to uninsured newborns under the KELLY of Pennsylvania, Mr. GRIFFIN By Mr. JOHNSON of Ohio (for himself Medicaid program, and for other purposes; to of Arkansas, Mr. RENACCI, Mr. SES- and Mr. TONKO): the Committee on Energy and Commerce. SIONS, Mr. FLORES, Mr. CONAWAY, Mr. H.R. 3588. A bill to amend the Safe Drink- By Ms. EDWARDS: THORNBERRY, Mr. WEBER of Texas, ing Water Act to exempt fire hydrants from H.R. 3597. A bill to require public employ- Mr. FARENTHOLD, Mr. MEADOWS, Mrs. the prohibition on the use of lead pipes, fit- ees to perform the inspection of State and LUMMIS, Mr. PETRI, Mr. CARTER, Ms. tings, fixtures, solder, and flux; to the Com- local surface transportation projects, and re- GRANGER, and Mr. WESTMORELAND): mittee on Energy and Commerce. lated essential public functions, to ensure

VerDate Mar 15 2010 03:02 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\L21NO7.100 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7354 CONGRESSIONAL RECORD — HOUSE November 21, 2013 public safety, the cost-effective use of trans- By Mr. MULVANEY (for himself and States of skills learned in the military by a portation funding, and timely project deliv- Mr. GOWDY): veteran when issuing licenses and creden- ery; to the Committee on Transportation H.R. 3607. A bill to enable States to opt out tials; to the Committee on Veterans’ Affairs. and Infrastructure. of certain provisions of the Patient Protec- By Mr. REICHERT: By Mr. FORTENBERRY: tion and Affordable Care Act; to the Com- H.R. 3615. A bill to amend title 38, United H.R. 3598. A bill to amend the Patient Pro- mittee on Energy and Commerce, and in ad- States Code, to improve the hiring of vet- tection and Affordable Care Act to permit in- dition to the Committee on Ways and Means, erans by the Federal Government; to the surers to offer catastrophic coverage plans to for a period to be subsequently determined Committee on Veterans’ Affairs, and in addi- anyone, and for other purposes; to the Com- by the Speaker, in each case for consider- tion to the Committee on Oversight and Gov- mittee on Energy and Commerce. ation of such provisions as fall within the ju- ernment Reform, for a period to be subse- By Mr. FORTENBERRY (for himself risdiction of the committee concerned. quently determined by the Speaker, in each and Mr. HALL): By Mr. NOLAN: case for consideration of such provisions as H.R. 3599. A bill to amend title XVIII of the H.R. 3608. A bill to amend the Act of Octo- fall within the jurisdiction of the committee Social Security Act with respect to pay- ber 19, 1973, concerning taxable income to concerned. ments to long-term care hospitals, and for members of the Grand Portage Band of Lake By Mr. RUIZ (for himself, Mr. ROONEY, other purposes; to the Committee on Ways Superior Chippewa Indians; to the Com- Mr. MULLIN, Mr. HANNA, Mr. NOLAN, and Means. mittee on Natural Resources, and in addition Mr. MURPHY of Florida, Mrs. to the Committees on Ways and Means, and By Mr. FOSTER (for himself and Mrs. NEGRETE MCLEOD, Mr. CARTWRIGHT, the Judiciary, for a period to be subse- MCMORRIS RODGERS): Mr. PETERS of California, and Mr. H.R. 3600. A bill to amend title 38, United quently determined by the Speaker, in each GARCIA): States Code, to provide for clarification re- case for consideration of such provisions as H.R. 3616. A bill to amend title XVIII of the garding the children to whom entitlement to fall within the jurisdiction of the committee Social Security Act to distribute additional educational assistance may be transferred concerned. information to Medicare beneficiaries to pre- under the Post-9/11 Educational Assistance By Mr. OWENS (for himself, Mr. vent health care fraud, and for other pur- Program; to the Committee on Veterans’ Af- BISHOP of New York, Mr. KING of New poses; to the Committee on Energy and Com- fairs. York, Mr. ISRAEL, Mrs. MCCARTHY of merce, and in addition to the Committee on By Mr. GOHMERT (for himself, Mr. New York, Mr. MEEKS, Ms. MENG, Ms. Ways and Means, for a period to be subse- JORDAN, Mr. COLE, Mr. LATTA, Mr. ´ VELAZQUEZ, Ms. CLARKE, Mr. NADLER, quently determined by the Speaker, in each MILLER of Florida, Mr. NEUGEBAUER, Mr. GRIMM, Mr. RANGEL, Mr. CROW- case for consideration of such provisions as Mr. FRANKS of Arizona, Mr. CULBER- LEY, Mr. SERRANO, Mr. ENGEL, Mr. fall within the jurisdiction of the committee SON, Mr. HALL, Mrs. BACHMANN, Mr. SEAN PATRICK MALONEY of New York, concerned. HUIZENGA of Michigan, Mr. WEBER of Mr. GIBSON, Mr. TONKO, Mr. HANNA, By Mr. SCHNEIDER (for himself and Texas, Mr. BISHOP of Utah, Mr. Mr. REED, Mr. MAFFEI, Ms. SLAUGH- Mr. MCKINLEY): BENTIVOLIO, Mr. HUELSKAMP, Mr. TER, Mr. HIGGINS, Mr. COLLINS of New H.R. 3617. A bill to authorize a national LAMALFA, Mr. YOHO, Mr. ROE of Ten- York, and Mrs. CAROLYN B. MALONEY grant program for on-the-job training; to the nessee, Mr. LANKFORD, Mr. ROKITA, of New York): Committee on Education and the Workforce. and Mrs. HARTZLER): H.R. 3609. A bill to designate the facility of By Mr. REICHERT (for himself, Mr. H.R. 3601. A bill to provide for parental no- the United States Postal Service located at NOLAN, Mr. PAULSEN, Mr. RANGEL, tification and intervention in the case of an 3260 Broad Street in Port Henry, New York, Mr. GRIJALVA, Mr. VARGAS, Mr. unemancipated minor seeking an abortion; as the ‘‘Dain Taylor Venne Post Office Build- HULTGREN, Mr. CA´ RDENAS, Mr. BOU- to the Committee on the Judiciary. ing’’; to the Committee on Oversight and STANY, Mr. YOUNG of Indiana, Mr. By Mr. AL GREEN of Texas (for him- Government Reform. RENACCI, Mr. GRIFFIN of Arkansas, self, Mr. HONDA, and Mr. SCOTT of By Mr. PAULSEN (for himself and Ms. Mr. POE of Texas, Mr. KELLY of Penn- Virginia): MOORE): H.R. 3602. A bill to designate the Phil- H.R. 3610. A bill to stop exploitation sylvania, and Mrs. BLACK): H. Con. Res. 66. Concurrent resolution ex- ippines under section 244 of the Immigration through trafficking; to the Committee on pressing the sense of the Congress that chil- and Nationality Act to permit nationals of the Judiciary, and in addition to the Com- dren trafficked in the United States be treat- the Philippines to be eligible for temporary mittee on Education and the Workforce, for protected status under such section; to the a period to be subsequently determined by ed as victims of crime, and not as perpetra- Committee on the Judiciary. the Speaker, in each case for consideration tors; to the Committee on the Judiciary. By Mr. KINGSTON (for himself, Mr. of such provisions as fall within the jurisdic- By Ms. ESTY (for herself, Mr. COURT- NEY, Ms. DELAURO, Mr. HIMES, and ROGERS of Alabama, and Mr. DEFA- tion of the committee concerned. Mr. LARSON of Connecticut): ZIO): By Mr. PERRY (for himself, Mr. H. Con. Res. 67. Concurrent resolution rec- H.R. 3603. A bill to limit the construction BARLETTA, Mrs. BACHMANN, Mr. ognizing the need to improve physical access on United States soil of satellite positioning SMITH of Texas, Mr. STEWART, Mr. to many United States postal facilities for ground monitoring stations of foreign gov- COTTON, and Mr. GINGREY of Georgia): ernments, and for other purposes; to the H.R. 3611. A bill to require the Secretary of all people in the United States in particular Committee on Foreign Affairs, and in addi- Homeland Security to submit to Congress an disabled citizens; to the Committee on Over- tion to the Committees on Armed Services, annual report on immigration policy direc- sight and Government Reform, and in addi- and Intelligence (Permanent Select), for a tives issued by the Department of Homeland tion to the Committees on Education and period to be subsequently determined by the Security, to ensure that each such policy di- the Workforce, the Judiciary, Energy and Speaker, in each case for consideration of rective is subject to the rule making process Commerce, and Transportation and Infra- such provisions as fall within the jurisdic- described in section 553 of title 5, United structure, for a period to be subsequently de- tion of the committee concerned. States Code, and for other purposes; to the termined by the Speaker, in each case for By Mr. LUETKEMEYER (for himself, Committee on the Judiciary. consideration of such provisions as fall with- Mr. BISHOP of Utah, and Mr. HARRIS): By Mr. POLIS (for himself, Ms. in the jurisdiction of the committee con- H.R. 3604. A bill to clarify the require- SCHWARTZ, and Mr. BISHOP of New cerned. ments of authorized representatives under York): By Mr. DOYLE: the Family Educational Rights and Privacy H.R. 3612. A bill to amend the Truth in H. Res. 426. A resolution expressing support Act of 1974, and for other purposes; to the Lending Act and the Higher Education Act for the designation of the Thursday before Committee on Education and the Workforce. of 1965 to require certain creditors to obtain Thanksgiving as ‘‘Children’s Grief Awareness By Ms. MICHELLE LUJAN GRISHAM certifications from institutions of higher Day’’; to the Committee on Education and of New Mexico (for herself, Mr. BEN education, and for other purposes; to the the Workforce. RAY LUJA´ N of New Mexico, and Mr. Committee on Education and the Workforce, By Mr. LARSON OF CONNECTICUT (for PEARCE): and in addition to the Committee on Finan- himself, Mr. KENNEDY, Mr. COURTNEY, H.R. 3605. A bill to make a technical cial Services, for a period to be subsequently Ms. DELAURO, Mr. HIMES, Ms. ESTY, amendment to the T’uf Shur Bien Preserva- determined by the Speaker, in each case for Mr. NEAL, Mr. MCGOVERN, Ms. TSON- tion Trust Area Act, and for other purposes; consideration of such provisions as fall with- GAS, Mr. TIERNEY, Mr. CAPUANO, Mr. to the Committee on Natural Resources. in the jurisdiction of the committee con- LYNCH, Mr. KEATING, Ms. PINGREE of By Mr. MCCLINTOCK (for himself, Mr. cerned. Maine, Mr. MICHAUD, Ms. SHEA-POR- STEWART, and Mr. NUNES): By Mr. RANGEL (for himself and Mr. TER, Ms. KUSTER, Mr. CICILLINE, Mr. H.R. 3606. A bill to permit certain activi- CROWLEY): LANGEVIN, Mr. WELCH, Mr. NOLAN, ties to be conducted on Federal land within H.R. 3613. A bill to amend title XVIII of the Mr. MORAN, Mr. CONNOLLY, Mr. PAS- the Emigrant Wilderness of Stanislaus Na- Social Security Act to provide for a change CRELL, Ms. ESHOO, Mr. RYAN of Ohio, tional Forest in the State of California at in payment for certain hospitals under Medi- and Mr. KING of New York): the level at which such activities were con- care; to the Committee on Ways and Means. H. Res. 427. A resolution expressing support ducted on such land before the wilderness By Mr. REICHERT: for designation of May 29, 2014, as a national designation, and for other purposes; to the H.R. 3614. A bill to amend title 38, United day of remembrance honoring the late Presi- Committee on Natural Resources. States Code, to improve the recognition by dent John Fitzgerald Kennedy, the 35th

VerDate Mar 15 2010 03:02 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\L21NO7.100 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE November 21, 2013 CONGRESSIONAL RECORD — HOUSE H7355 President of the United States; to the Com- Article I, Section 8, Clause 18 Article I, Section 8, Clause 18 mittee on Oversight and Government Re- By Ms. JACKSON LEE: To make all laws which shall be necessary form. H.R. 3575. and proper for carrying into execution the foregoing powers, and all other powers vest- f Congress has the power to enact this legis- lation pursuant to the following: ed by this Constitution in the government of MEMORIALS This bill is enacted pursuant to the power the United States, or in any department or Under clause 3 of rule XII, memorials granted to Congress under Article I, Section officer thereof. 8, Clause 3 of the United States Constitution. By Mr. PETRI: were presented and referred as follows: By Mr. MCCARTHY of California: H.R. 3586. 153. The SPEAKER presented a memorial H.R. 3576. Congress has the power to enact this legis- of the Council of District Of Columbia, rel- Congress has the power to enact this legis- lation pursuant to the following: ative to Resolution No. 20-276 supporting the lation pursuant to the following: Article 1, Section 8, Clause 1 which, in federal Fair Minimum Wage Act of 2013; to Article I, Section 4, Clause I—The times, part, states: ‘‘The Congress shall have Power the Committee on Education and the Work- places, and manner of holding elections for to lay and collect Taxes, Duties, Imposts and force. senators and representatives, shall be pre- Excises, . . .’’ and the Sixteenth Amendment 154. Also, a memorial of the General As- scribed in each State by the Legislature which states: ‘‘The Congress shall have sembly of the State of California, relative to thereof; but the Congress may at any time power to lay and collect taxes on incomes, Assembly Joint Resolution No. 3 urging the by law make or alter such regulations, ex- from whatever source derived, without ap- President and the Congress to take a hu- cept as to the places of choosing senators. portionment among the several States, and mane and just approach to solving our na- By Mr. PETERS of California: without regard to any census or enumera- tion’s broken immigration system; to the H.R. 3577. tion.’’ Committee on the Judiciary. Congress has the power to enact this legis- By Mr. GARDNER: H.R. 3587. f lation pursuant to the following: U.S. Constitution Article I, Section 8, Congress has the power to enact this legis- PRIVATE BILLS AND Clause 3 lation pursuant to the following: RESOLUTIONS By Mr. LOBIONDO: According to Article I, Section 8, Clause 3 H.R. 3578. of the Constitution: Under clause 3 of rule XII, Congress has the power to enact this legis- The Congress shall have power to enact Mr. RANGEL introduced A bill (H.R. lation pursuant to the following: this legislation to regulate commerce with 3618) for the relief of Kadiatou Diallo, Article I, Section 8 of the United States foreign nations, and among the several Sankerala Diallo, Ibrahima Diallo, Constitution states, and with the Indian tribes. Abdoul Diallo, and Mamadou Pathe By Mr. MARCHANT: By Mr. JOHNSON of Ohio: Diallo and Fatoumata Traore Diallo; H.R. 3579. H.R. 3588. which was referred to the Committee Congress has the power to enact this legis- Congress has the power to enact this legis- on the Judiciary. lation pursuant to the following: lation pursuant to the following: According to Article I, Section 8, Clause 3 f Article I, section 8, clause 2: The Congress shall have Power . . . To bor- of the Constitution. CONSTITUTIONAL AUTHORITY row Money on the credit of the United By Mr. CHABOT: STATEMENT States. H.R. 3589. Article I, section 8, clause 18: Congress has the power to enact this legis- Pursuant to clause 7 of rule XII of The Congress shall have Power . . . To lation pursuant to the following: the Rules of the House of Representa- make all Laws which shall be necessary and The constitutional authority delegated to tives, the following statements are sub- proper for carrying into Execution the fore- Congress to enact this legislation is found in mitted regarding the specific powers going Powers, and all other Powers vested by Article I, Section 8, Clause 3 of the U.S. Con- stitution, which authorizes Congress to regu- granted to Congress in the Constitu- the Constitution in the Government of the United States, or in any Department or Offi- late Commerce with foreign Nations, and tion to enact the accompanying bill or among the several States, and with the In- joint resolution. cer thereof. By Mr. FATTAH: dian Tribes. By Mr. MCKINLEY: H.R. 3580. By Mr. LATTA: H.R. 3570. Congress has the power to enact this legis- H.R. 3590. Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: The Congress shall have Power to lay and lation pursuant to the following: Article I, Section 8, Clause 3 According to Article I, Section 8, Clause 3 collect Taxes, Duties, Imposts and Excises, The Congress shall have Power to regulate of the Constitution: The Congress shall have to pay the Debts and provide for the common Commerce with foreign Nations, and among power to enact this legislation to regulate Defence and general Welfare of the United the several States, and with the Indian commerce with foreign nations, and among States; but all Duties, Imposts and Excises Tribes the several states, and with the Indian shall be uniform throughout the United tribes. Article IV, Section 3, Clause 2 States. The Congress shall have Power to dispose By Ms. SCHAKOWSKY: By Mr. BRADY of Texas: H.R. 3571. of and make all needful Rules and Regula- H.R. 3581. tions respecting the Territory or other Prop- Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: erty belonging to the United States lation pursuant to the following: Amendment II The constitutional authority on which this Article 1, Section 8 and the 16th Amend- A well regulated Militia, being necessary bill rests is the powers of Congress, as enu- ment. to the security of a free State, the right of merated in Article I, Section 8. By Mr. BLUMENAUER: the people to keep and bear Arms, shall not By Mr. MCINTYRE: H.R. 3582. be infringed. H.R. 3572. Congress has the power to enact this legis- By Ms. WATERS: Congress has the power to enact this legis- lation pursuant to the following: H.R. 3591. lation pursuant to the following: Title I, Section 8. Congress has the power to enact this legis- This bill is enacted pursuant to the power By Ms. ROS-LEHTINEN: lation pursuant to the following: granted to Congress under Article I, Section H.R. 3583. Article 1, Section 8, clause 1 of the U.S. 8, Amendment XVI, of the United States Congress has the power to enact this legis- Constitution and Constitution. lation pursuant to the following: Article 1, Section 8, clause 3 of the U.S. By Mr. CARTWRIGHT: Article I, Section 8 of the Constitution Constitution. H.R. 3573. By Mr. STIVERS: By Mr. CICILLINE: Congress has the power to enact this legis- H.R. 3584. H.R. 3592. lation pursuant to the following: Congress has the power to enact this legis- Congress has the power to enact this legis- Article I, Section 8. ‘‘The Congress shall lation pursuant to the following: lation pursuant to the following: have Power To lay and collect Taxes, Duties, Article I, Section 8, Clause 3 of the United Article I, Section 8 Imposts and Excises, to pay the Debts and States Constitution. By Mr. COFFMAN: provide for the common Defence and general By Mr. SMITH of New Jersey: H.R. 3593. Welfare of the United States.’’ H.R. 3585. Congress has the power to enact this legis- By Mr. ELLISON: Congress has the power to enact this legis- lation pursuant to the following: H.R. 3574. lation pursuant to the following: Article I, Section 8, Clauses 12, 14 and 18 of Congress has the power to enact this legis- Article I, Section 8, Clause 3 the Constitution of the United States; the lation pursuant to the following: To regulate Commerce with foreign Na- authority raise and support an army, to Article I, Section 8, Clause 1 tions, and among the several States, and make rules for the government and regula- Article I, Section 8, Clause 3 with the Indian Tribes. tion of the land and naval forces and to

VerDate Mar 15 2010 04:15 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\L21NO7.100 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7356 CONGRESSIONAL RECORD — HOUSE November 21, 2013 make all laws which shall be necessary and States, or in any Department or Officer Congress has the power to enact this legis- proper for carrying into execution the fore- thereof.’’ lation pursuant to the following: going powers. The Parental Notification and Interven- Article 1, Section 8, Clause 3 of the United The purpose of the bill is to provide assist- tion Act also establishes a federal nexus in States Constitution vests Congress with the ance to the VA for their construction activi- that it specifically applies to ‘‘any person or authority to engage in relations with the ties so that the veteran population has ac- organization . . . who solicits or accepts fed- tribes cess to healthcare facilities. In order for the eral funds.’’ The power to appropriate money By Mr. OWENS: U.S. Government to support and regulate our and make laws to execute this power, gives H.R. 3609. land and naval forces for future engage- Congress the authority to make laws affect- Congress has the power to enact this legis- ments, it is necessary and proper for the ing persons or entities that accept federal lation pursuant to the following: Congress to legislate the construction of fa- funds. This bill is enacted pursuant to the power cilities so the current and future veteran By Mr. AL GREEN of Texas: granted to Congress under Article I, Section population is provided adequate healthcare. H.R. 3602. 8, of the United States Constitution. By Mr. COOPER: Congress has the power to enact this legis- By Mr. PAULSEN: H.R. 3594. lation pursuant to the following: H.R. 3610. Congress has the power to enact this legis- Necessary and Proper Clause (Art. 1 sec. 8 Congress has the power to enact this legis- lation pursuant to the following: cl. 18) lation pursuant to the following: Article I, Section 6 and Section 8 of the Constitutional analysis is a rigorous dis- Article I, Section 8. Constitution of the United States. cipline which goes far beyond the text of the By Mr. PERRY: By Mr. COTTON: Constitution, and requires knowledge of case H.R. 3611. H.R. 3595. law, history, and the tools of constitutional Congress has the power to enact this legis- Congress has the power to enact this legis- interpretation. While the scope of Congress’ lation pursuant to the following: lation pursuant to the following: powers is an appropriate matter for House Article I, Section 8 of the United States Article 1, Section 9, Clause 7—No Money debate, the listing of specific textual au- Constitution. shall be drawn from the Treasury, but in thorities for routine Congressional legisla- By Mr. POLIS: Consequence of Appropriations made by Law; tion about which there is no legitimate con- H.R. 3612. and a regular statement and account of Re- stitutional concern is a diminishment of the Congress has the power to enact this legis- ceipts and Expenditures of all public money majesty of our Founding Fathers’ vision for lation pursuant to the following: shall be published from time to time. our national legislature. Article I, Section 8, Clause 1 (relating to By Ms. DEGETTE: By Mr. KINGSTON: the power of Congress to provide for the gen- H.R. 3596. H.R. 3603. eral welfare of the United States) and Clause Congress has the power to enact this legis- Congress has the power to enact this legis- 18 (relating to the power to make all laws lation pursuant to the following: lation pursuant to the following: necessary and proper for carrying out the Article 1, Section 8, Clause 1 and 18 of the Article I, Section 8, Clause 3 powers vested in Congress) United States Constitution. To regulate Commerce with foreign Na- Article IV, Section 3, Clause 2 (relating to By Ms. EDWARDS: tions, and among the several States, and the power of Congress to dispose of and make H.R. 3597. with the Indian Tribes; all needful rules and regulations respecting Congress has the power to enact this legis- Article IV, Section 3, Clause 2 the territory or other property belonging to lation pursuant to the following: The Congress shall have Power to dispose the United States). Article. I., Section 1. of and make all needful Rules and Regula- By Mr. RANGEL: All legislative Powers herein granted shall tions respecting the Territory or other Prop- H.R. 3613. be vested in a Congress of the United States, erty belonging to the United States; and Congress has the power to enact this legis- which shall consist of a Senate and House of nothing in this Constitution shall be so con- lation pursuant to the following: Representatives. strued as to Prejudice any Claims of the Article 1, Section 8 ‘‘to provide for the By Mr. FORTENBERRY: United States, or of any particular State. common Defense and Welfare of the United H.R. 3598. By Mr. LUETKEMEYER: States.’’ Congress has the power to enact this legis- H.R. 3604. By Mr. REICHERT: lation pursuant to the following: Congress has the power to enact this legis- H.R. 3614. Article I, Section 8, Clause 1 of the United lation pursuant to the following: Congress has the power to enact this legis- States Constitution. Article 1, Section 8 of the Constitution of lation pursuant to the following: By Mr. FORTENBERRY: the United States. ‘‘The constitutional authority of Congress H.R. 3599. By Ms. MICHELLE LUJAN GRISHAM to enact this legislation is provided by Arti- Congress has the power to enact this legis- of New Mexico: cle 1, section 8 of the United States Constitu- lation pursuant to the following: H.R. 3605. tion, specifically clause I (relating to pro- Article I, Section 8, Clause 1 of the United Congress has the power to enact this legis- viding for the general welfare of the United States Constitution. lation pursuant to the following: States) and clause 18 (relating to the power By Mr. FOSTER: Article One of the United States Constitu- to make all laws necessary and proper for H.R. 3600. tion, located at section 8, clause 18. carrying out the powers vested in Congress), Congress has the power to enact this legis- By Mr. MCCLINTOCK: and Article IV, section 3, clause 2 (relating lation pursuant to the following: H.R. 3606. to the power of Congress to dispose of and Article I, Section 8 of the United States Congress has the power to enact this legis- make all needful rules and regulations re- Constitution, which grants Congress the lation pursuant to the following: specting the territory or other property be- power to raise and support an Army; to pro- Article IV, Section 3, Clause 2 confers on longing to the United States).’’ vide and maintain a Navy; to make rules for Congress the authority to manage and regu- By Mr. REICHERT: the government and regulation of the land late territory or other property held by the H.R. 3615. and naval forces; and to provide for orga- United States Congress has the power to enact this legis- nizing, arming, and disciplining the militia. ‘‘The Congress shall have Power to dispose lation pursuant to the following: By Mr. GOHMERT: of and make all needful Rules and Regula- ‘‘The constitutional authority of Congress H.R. 3601. tions respecting the Territory or other Prop- to enact this legislation is provided by Arti- Congress has the power to enact this legis- erty belonging to the United States and cle I, section 8 of the United States Constitu- lation pursuant to the following: nothing in this Constitution shall be so con- tion, specifically clause 1 (relating to pro- Article 1, Section 8, Clause 3: ‘‘The Con- strued as to Prejudice any Claims of the viding for the general welfare of the United gress shall have power . . . To regulate Com- United States, or of any particular State.’’ States) and clause 18 (relating to the power merce with foreign Nations, and among the By Mr. MULVANEY: to make all laws necessary and proper for several States.’’ The Parental Notification H.R. 3607. carrying out the powers vested in Congress), and Intervention Act specifically establishes Congress has the power to enact this legis- and Article IV, section 3, clause 2 (relating a federal nexus in that it applies to ‘‘any per- lation pursuant to the following: to the power of Congress to dispose of and son or organization in or affecting interstate Article I, Section 8, Clause 1. ‘‘The Con- make all needful rules and regulations re- commerce.’’ gress shall have Power To . . . provide for specting the territory or other property be- Article I, Section 9, Clause 7: ‘‘No Money the . . . general Welfare of the United States longing to the United States).’’ shall be drawn from the Treasury but in Con- . . .’’ By Mr. RUIZ: sequence of Appropriations made by Law.’’ The 10th Amendment to the Constitution: H.R. 3616. Article I, Section 8, Clause 18: ‘‘The Con- ‘‘The powers not delegated to the United Congress has the power to enact this legis- gress shall have Power . . . To make all States by the Constitution, nor prohibited lation pursuant to the following: Laws which shall be necessary and proper for by it to the States, are reserved to the clause 18 of section 8 of article 1 of the carrying into Execution the foregoing Pow- States respectively, or to the people.’’ Constitution ers, and all other Powers vested by the Con- By Mr. NOLAN: By Mr. SCHNEIDER: stitution in the Government of the United H.R. 3608. H.R. 3617.

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Congress has the power to enact this legis- H.R. 1726: Mr. KENNEDY, Mrs. WAGNER, Mr. H.R. 3279: Mr. SHIMKUS. lation pursuant to the following: DEUTCH, Mr. KINZINGER of Illinois, and Mr. H.R. 3299: Mr. HECK of Nevada, Mr. MEAD- Article I, Section 8, Clauses 1, 3, and 18 of GEORGE MILLER of California. OWS, and Mr. JOHNSON of Ohio. the United States Constitution. H.R. 1750: Mr. COURTNEY. H.R. 3303: Mr. WESTMORELAND, Mr. Mr. RANGEL: H.R. 1767: Mr. MCGOVERN, Mr. DOGGETT, FINCHER, and Mr. GARDNER. H.R. 3618. Mr. LEWIS, Ms. DELAURO, and Mr. FARR. H.R. 3306: Mr. SHIMKUS. Congress has the power to enact this legis- H.R. 1787: Mr. PAULSEN. H.R. 3335: Mr. CRAWFORD and Mr. MCCAUL. lation pursuant to the following: H.R. 1814: Mr. SCHNEIDER, Mr. STEWART, H.R. 3352: Mr. JONES, Mr. O’ROURKE, Mr. Congress has the power to enact this legis- Mr. HUIZENGA of Michigan, and Mr. MILLER JOHNSON of Ohio, and Ms. MOORE. lation pursuant to the following: Section 8 of of Florida. H.R. 3357: Mrs. DAVIS of California. Article I of the Constitution. H.R. 1816: Mrs. CAPPS. H.R. 3360: Ms. PINGREE of Maine. H.R. 1838: Mr. MCHENRY, Mr. POSEY, Ms. H.R. 3361: Mr. CARSON of Indiana, Mr. KING- f MCCOLLUM, Mr. BISHOP of New York, and Mr. STON, Mr. LUETKEMEYER, and Mrs. NOEM. H.R. 3369: Mr. LANGEVIN. ADDITIONAL SPONSORS POCAN. H.R. 1852: Mr. HULTGREN, Mr. RIBBLE, Mr. H.R. 3370: Mr. RICE of South Carolina, Mr. Under clause 7 of rule XII, sponsors WEBSTER of Florida, Mr. GUTHRIE, Mr. SMITH GRAYSON, and Ms. BROWNLEY of California. H.R. 3374: Mr. DELANEY and Mr. PITTS. were added to public bills and resolu- of Missouri, Mr. COBLE, Mr. MESSER, Mr. H.R. 3391: Mr. SIMPSON. WENSTRUP, and Mr. ROONEY. tions as follows: H.R. 3392: Mr. WHITFIELD. H.R. 1869: Mr. MCKINLEY, Mr. WALZ, Mr. H.R. 36: Mr. BENISHEK. H.R. 3410: Mrs. HARTZLER. AMODEI, and Mrs. ELLMERS. H.R. 60: Ms. BROWN of Florida, Mr. SEAN H.R. 3413: Mr. THOMPSON of Mississippi, Mr. H.R. 1985: Mr. COURTNEY. PATRICK MALONEY of New York, and Mr. WILLIAMS, and Mr. ROE of Tennessee. H.R. 2001: Ms. MCCOLLUM and Mr. AL ENYART. H.R. 3431: Mr. MCGOVERN. GREEN of Texas. H.R. 184: Ms. MCCOLLUM. H.R. 3436: Mr. GARDNER, Mr. GRIFFIN of Ar- H.R. 2012: Mr. MCNERNEY and Ms. PINGREE H.R. 351: Mr. LUCAS. kansas, Mr. MCCLINTOCK, Mr. SALMON, Mr. of Maine. H.R. 503: Mr. DESJARLAIS, Mr. WEBER of Texas, Mr. AUSTIN SCOTT of Geor- H.R. 2028: Mr. SCOTT of Virginia. FLEISCHMANN, Mr. DUNCAN of South Carolina, gia, Mr. ROE of Tennessee, Mr. DESJARLAIS, H.R. 2037: Mr. RANGEL, Ms. EDDIE BERNICE Mr. COLE, Mr. FLEMING, Mr. LAMALFA, Mr. Mrs. LUMMIS, Mr. PEARCE, Mr. BURGESS, and JOHNSON of Texas, and Mr. MCDERMOTT. CHABOT, Mr. FLORES, Mr. MULVANEY, Mr. Mr. LUETKEMEYER. H.R. 2040: Mr. MCINTYRE. PITTS, Mrs. BLACKBURN, Mr. DESANTIS, Mr. H.R. 3445: Mr. CONYERS, Mr. CICILLINE, Mr. H.R. 2066: Mr. RODNEY DAVIS of Illinois. BENTIVOLIO, Mr. SALMON, Mr. YOHO, and Mrs. LIPINSKI, Ms. PINGREE of Maine, Mr. H.R. 2103: Mr. PASCRELL. LUMMIS. HUFFMAN, Mr. DEFAZIO, and Mr. JOHNSON of H.R. 2195: Mr. SCHIFF. H.R. 543: Mr. ROGERS of Kentucky. Georgia. H.R. 2342: Mr. WAXMAN, MR. HINOJOSA, Mr. H.R. 580: Mr. GUTHRIE, Mr. CARTER, Mr. H.R. 3449: Mr. COURTNEY. SCHIFF, Mr. RANGEL, Ms. LEE of California, FARENTHOLD, Mr. LANCE, Mr. TERRY, Mr. H.R. 3453: Ms. NORTON and Mr. RUSH. and Mr. CONYERS. ITTS OGERS ARTON H.R. 3461: Mr. TIERNEY, Mr. DOGGETT, Mr. P , Mr. R of Michigan, Mr. B , H.R. 2368: Mr. HONDA. HONDA, Mr. SABLAN, Mr. HINOJOSA, Mr. MAF- and Mr. MCKINLEY. H.R. 2415: Mr. CAPUANO, Mr. BROOKS of Ala- FEI, Mr. McGovern, Mr. CONYERS, Ms. CASTOR H.R. 630: Mr. SARBANES and Ms. DEGETTE. bama, Mr. BENISHEK, and Mr. SHIMKUS. of Florida, Ms. SCHWARTZ, Mr. MORAN, Ms. H.R. 647: Mr. SHIMKUS and Mr. GENE GREEN H.R. 2482: Ms. PINGREE of Maine. SLAUGHTER, Mr. POLIS, Ms. NORTON, Ms. of Texas. H.R. 2499: Mr. HOLT and Mr. RYAN of Ohio. TITUS, Mr. ENGEL, Mr. VAN HOLLEN, Mr. H.R. 650: Mr. WAXMAN. H.R. 2502: Mr. NADLER, Mr. HOLT, Mr. POCAN, Mr. HOLT, Mr. CAPUANO, Mr. COURT- H.R. 664: Mr. MORAN. CICILLINE, Ms. MENG, and Ms. KUSTER. NEY, Mr. BEN RAY LUJA´ N of New Mexico, and H.R. 685: Mrs. NEGRETE MCLEOD. H.R. 2504: Mrs. LUMMIS and Mr. DOGGETT. Ms. DELBENE. H.R. 713: Mrs. BACHMANN, Mr. DOGGETT, Mr. H.R. 2529: Mr. MICHAUD. H.R. 3462: Mr. COLLINS of New York. MCDERMOTT, and Mr. MCCAUL. H.R. 2541: Mr. STUTZMAN. H.R. 3463: Mr. MEADOWS. H.R. 721: Mr. PETERS of California, Mrs. H.R. 2607: Mr. LEVIN, Mr. SCHIFF, and Ms. H.R. 3469: Mr. SCOTT of Virginia, Mr. BLACKBURN, Mr. DOYLE, Mr. COBLE, Mr. PINGREE of Maine. NUNNELEE, Mr. WILSON of South Carolina, CRENSHAW, and Mr. BISHOP of Utah. H.R. 2663: Mr. RODNEY DAVIS of Illinois and Mr. GOSAR, Mr. BROUN of Georgia, Mr. H.R. 855: Mr. RIBBLE. Mr. FLEISCHMANN. VARGAS, Mr. PERRY, Mr. KLINE, Mr. H.R. 938: Mrs. NEGRETE MCLEOD. H.R. 2727: Mr. WILSON of South Carolina. MCHENRY, Mr. NUNES, Mr. HUNTER, Mr. H.R. 1000: Mrs. BEATTY. H.R. 2737: Mr. COURTNEY. VALADAO, Mr. JONES, Mr. CONYERS, Mr. H.R. 1070: Mrs. WALORSKI, Mr. DAVID SCOTT H.R. 2761: Ms. BONAMICI. LANKFORD, Mr. MULLIN, Mr. MCKEON, and of Georgia, Mr. HIGGINS, and Mr. COHEN. H.R. 2791: Mr. HUDSON. Mr. TERRY. H.R. 1074: Mr. RUSH, Ms. HAHN, Mr. MEE- H.R. 2800: Mr. LEWIS and Mr. MCGOVERN. H.R. 3471: Mr. RYAN of Ohio, Mr. DEFAZIO, HAN, Mr. BISHOP of Georgia, Mr. RUPPERS- H.R. 2805: Mr. HALL and Mr. PAULSEN. Mr. KENNEDY, Mr. HIGGINS, Ms. LOFGREN, Mr. BERGER, Mr. HARPER, Ms. CLARKE, Mrs. H.R. 2807: Mr. POSEY and Mr. CASTRO of CAPUANO, Mrs. CAPPS, Mr. GEORGE MILLER of MCCARTHY of New York, Mr. SCOTT of Vir- Texas. California, Mr. DEUTCH, and Mr. TIERNEY. ginia, and Ms. PINGREE of Maine. H.R. 2810: Mr. KENNEDY. H.R. 3480: Ms. PINGREE of Maine. H.R. 1102: Mr. NADLER. H.R. 2818: Mr. BLUMENAUER. H.R. 3482: Mr. MARCHANT. H.R. 1125: Mrs. NEGRETE MCLEOD. H.R. 2835: Mr. BENISHEK. H.R. 3483: Mr. ROHRABACHER. H.R. 1144: Mr. LAMALFA and Mr. H.R. 2866: Mr. HUIZENGA of Michigan, Mr. H.R. 3484: Mr. HONDA. LOWENTHAL. WITTMAN, Mrs. HARTZLER, Mr. COSTA, Mr. H.R. 3485: Mr. CULBERSON, Mr. SCHWEIKERT, H.R. 1209: Mr. DAVID SCOTT of Georgia, Mr. FATTAH, Mr. LUETKEMEYER, and Mr. TURNER. Mr. BROOKS of Alabama, Mr. BURGESS, and BROOKS of Alabama, Mr. POMPEO, Mr. LIPIN- H.R. 3003: Mr. BISHOP of Georgia, Ms. Mr. WOMACK. SKI, Mr. GRIFFITH of Virginia, Mr. CASSIDY, BROWN of Florida, Mr. BUTTERFIELD, Mrs. H.R. 3486: Mr. BURGESS. Mr. COFFMAN, Mr. FLEMING, Mr. LANCE, and CHRISTENSEN, Ms. CLARKE, Mr. CLAY, Mr. H.R. 3488: Mr. DIAZ-BALART, Mr. MEADOWS, Mr. PAULSEN. CLEAVER, Mr. CLYBURN, Mr. CUMMINGS, Mr. Ms. LINDA T. SA´ NCHEZ of California, Ms. H.R. 1239: Mr. SENSENBRENNER, Mr. GRAVES DANNY K. DAVIS of Illinois, Mr. AL GREEN of SPEIER, Mr. VARGAS, Mr. COOK, Ms. CLARKE, of Missouri, and Mr. BUCSHON. Texas, Mr. HASTINGS of Florida, Mr. and Mr. GRIFFIN of Arkansas. H.R. 1250: Mr. GOSAR. HORSFORD, Ms. JACKSON LEE, Ms. EDDIE BER- H.R. 3490: Mr. CAPUANO, Mr. PRICE of North H.R. 1276: Mr. BUTTERFIELD, Mr. COFFMAN, NICE JOHNSON of Texas, Ms. KELLY of Illinois, Carolina, and Mr. FARENTHOLD. Mr. HOLT, Mr. MORAN, Mr. PITTENGER, and Ms. LEE of California, Ms. MOORE, Ms. NOR- H.R. 3494: Ms. TITUS, Mr. POCAN, and Mr. Mr. PITTS. TON, Mr. PAYNE, Mr. RANGEL, Mr. RICHMOND, SIRES. H.R. 1281: Mrs. CHRISTENSEN. Mr. DAVID SCOTT of Georgia, Ms. SEWELL of H.R. 3509: Ms. JACKSON LEE. H.R. 1303: Ms. JENKINS and Mr. POCAN. Alabama, Mr. THOMPSON of Mississippi, and H.R. 3516: Ms. KELLY of Illinois and Mr. H.R. 1318: Mr. BACHUS. Ms. WILSON of Florida. ENYART. H.R. 1428: Mr. JOHNSON of Georgia and Mrs. H.R. 3040: Mr. MCGOVERN. H.R. 3517: Mr. LIPINSKI. BACHMANN. H.R. 3043: Mr. STIVERS. H.R. 3522: Mrs. BLACKburn, Mr. HARPER, H.R. 1473: Mr. GALLEGO and Mr. BOUSTANY. H.R. 3086: Mr. AMODEI, Mr. SMITH of Ne- Mr. MURPHY of Pennsylvania, and Mr. H.R. 1507: Mr. HECK of Nevada. braska, Mr. JORDAN, Mr. LUCAS, Mr. BOU- KINZINGER of Illinois. H.R. 1528: Ms. SHEA-PORTER, Mr. NEAL, Mr. STANY, Ms. SCHWARTZ, Mr. MEADOWS, Mr. H.R. 3529: Mr. SCOTT of Virginia, Mr. SEAN PATRICK MALONEY of New York, Mr. BARROW of Georgia, and Mr. CA´ RDENAS. CA´ RDENAS, Mr. MULVANEY, and Mr. KING- THOMPSON of Pennsylvania, Mr. WALZ, Mr. H.R. 3118: Ms. SPEIER. STON. COSTA, Mrs. NEGRETE MCLEOD, and Mr. H.R. 3121: Mr. CONAWAY, Mr. YOHO, Mr. H.R. 3530: Mr. HALL. NOLAN. HALL, and Mr. JOHNSON of Ohio. H.R. 3538: Mr. PIERLUISI, Ms. BASS, Mr. H.R. 1563: Mr. DANNY K. DAVIS of Illinois. H.R. 3130: Ms. MOORE. TIERNEY, and Ms. VELA´ ZQUEZ. H.R. 1652: Mr. KENNEDY. H.R. 3159: Mr. QUIGLEY. H.R. 3539: Mrs. BLACKBURN, Mr. FRANKS of H.R. 1692: Mr. SCHWEIKERT. H.R. 3199: Mr. STUTZMAN. Arizona, Mr. FORTENBERRY, Mr. HARRIS, Mr.

VerDate Mar 15 2010 03:02 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A21NO7.037 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE H7358 CONGRESSIONAL RECORD — HOUSE November 21, 2013 SALMON, Mr. WITTMAN, Mr. WESTMORELAND, JACKSON LEE, Mr. JOHNSON of Georgia, Ms. DELETIONS OF SPONSORS FROM Mr. COBLE, Mr. PITTENGER, Mr. HOLDING, Mr. WATERS, Mr. JEFFRIES, Ms. EDWARDS, Mr. PUBLIC BILLS AND RESOLUTIONS BARR, Mr. COLE, Mr. ROKITA, Mr. TURNER, RUSH, Mr. MEEKS, and Mr. WATT. Mr. WEBER of Texas, Mr. AMODEI, Mr. BAR- H.J. Res. 104: Mr. WOODALL, Mr. HARRIS, Under clause 7 of rule XII, sponsors TON, Mr. CRAWFORD, Mr. DUNCAN of Ten- Mr. WEBER of Texas, Mr. YOHO, Mr. BROUN of were deleted from public bills and reso- nessee, Mr. NUNNELEE, Mr. MURPHY of Penn- Georgia, Mr. THORNBERRY, and Mr. SALMON. lutions as follows: sylvania, Mr. MEADOWS, Mr. BENISHEK, Mrs. H. Con. Res. 65: Mr. THOMPSON of Pennsyl- BLACK, Mr. BROOKS of Alabama, Mr. vania. H.R. 1698: Mr. COFFMAN. BUCSHON, Mr. COTTON, Mr. FARENTHOLD, Mr. H. Res. 11: Mr. TAKANO. FINCHER, Mr. GOWDY, Mr. HUELSKAMP, Mr. H. Res. 30: Mr. RUPPERSBERGER. f HULTGREN, Mr. HUNTER, Mr. KLINE, Mr. LAB- H. Res. 147: Mr. LOWENTHAL. RADOR, Mr. LUCAS, Mr. MARINO, Mr. H. Res. 231: Mr. TERRY, Mr. ROONEY, and MCHENRY, Mrs. MCMORRIS RODGERS, Mr. Mr. OWENS. PETITIONS, ETC. MICA, Mr. MILLER of Florida, Mr. MULLIN, H. Res. 247: Ms. GABBARD. Under clause 3 of rule XII, petitions Mrs. NOEM, Mr. OLSON, Mr. PETRI, Mr. PITTS, H. Res. 281: Mr. STUTZMAN. Mr. POMPEO, Mr. ROONEY, Mr. SMITH of New H. Res. 302: Mr. UPTON, Mr. GUTIE´ RREZ, Mr. and papers were laid on the Clerk’s Jersey, Mr. SOUTHERLAND, Mr. TERRY, Mr. PITTS, Mr. PRICE of North Carolina, Mr. ROS- desk and referred as follows: THOMPSON of Pennsylvania, Mr. THORN- KAM, Mr. CAMP, Mr. LIPINSKI, Mr. GRIMM, and 56. The SPEAKER presented a petition of BERRY, Mr. WILSON of South Carolina, Mr. Mr. RODNEY DAVIS of Illinois. the Municipal Legislature of Moca, Puerto YOUNG of Indiana, and Mr. ROSKAM. H. Res. 350: Mr. KINGSTON. Rico, relative to Resolution No. 27 request- H.R. 3541: Mr. JONES, Mr. Culberson, and H. Res. 356: Mr. PAULSEN. ing the President and the Congress initiate Mr. CRAWFORD. H. Res. 365: Mr. HECK of Washington, Ms. the process of admission of Puerto Rico as H.R. 3555: Mr. DENT, Ms. MOORE, and Mr. DEGETTE, Ms. DELAURO, Ms. LOFGREN, Mr. the 51st state; to the Committee on Natural NOLAN. BERA of California, Mr. FATTAH, Ms. Resources. H.R. 3558: Mr. BUTTERFIELD. EDWARDS, Mr. CARSON of Indiana, and Mr. 57. Also, a petition of the California State H.R. 3560: Ms. BASS, Mrs. BEATTY, Mr. HONDA. Lands Commission, California, relative to a BISHOP of Georgia, Ms. BROWN of Florida, Mr. H. Res. 404: Mr. RANGEL and Mr. FRANKS of BUTTERFIELD, Mr. CARSON of Indiana, Mrs. Arizona. Resolution supporting the Lake Tahoe Res- CHRISTENSEN, Ms. CLARKE, Mr. CLAY, Mr. H. Res. 407: Mr. GARCIA. toration Act of 2013; to the Committee on CLEAVER, Mr. CLYBURN, Mr. CUMMINGS, Mr. H. Res. 409: Mr. COFFMAN. Transportation and Infrastructure. DANNY K. DAVIS of Illinois, Mr. ELLISON, Mr. H. Res. 410: Mr. LUETKEMEYER, Mr. 58. Also, a petition of the Caddo Bossier FATTAH, Ms. FUDGE, Mr. AL GREEN of Texas, MULVANEY, Mr. TIPTON, and Mr. RICHMOND. Port Commission, Louisiana, relative to Res- Mr. HASTINGS of Florida, Ms. EDDIE BERNICE H. Res. 411: Mr. SOUTHERLAND. olution No. 9 demanding that the Army JOHNSON of Texas, Ms. KELLY of Illinois, Ms. H. Res. 417: Mr. PASCRELL and Mr. PERRY. Corps of Engineers maintain a minimum of a LEE of California, Mr. LEWIS, Ms. MOORE, Ms. H. Res. 425: Mr. BARR, Mr. AMASH, Mr. LAB- nine foot deep by two hundred foot wide NORTON, Mr. PAYNE, Mr. RANGEL, Mr. RICH- RADOR, Mr. BROOKS of Alabama, Mr. CULBER- channel to allow safe and reliable barge MOND, Mr. DAVID SCOTT of Georgia, Mr. SON, Mr. DUNCAN of South Carolina, Mr. transportation on the Red River; to the Com- SCOTT of Virginia, Ms. SEWELL of Alabama, FRANKS of Arizona, Mr. ROONEY, and Mr. mittee on Transportation and Infrastruc- Mr. VEASEY, Ms. WILSON of Florida, Ms. WESTMORELAND. ture.

VerDate Mar 15 2010 04:15 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A21NO7.042 H21NOPT1 jbell on DSK7SPTVN1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, FIRST SESSION

Vol. 159 WASHINGTON, THURSDAY, NOVEMBER 21, 2013 No. 167 Senate The Senate met at 10:30 a.m. and was WORKFORCE INVESTMENT ACT OF sanctions have brought Iran to the ne- called to order by the President pro 2013 gotiating table. tempore (Mr. LEAHY). Mr. REID. Mr. President, I move to I believe we must do everything pos- proceed to Calendar No. 243, S. 1356, the sible to stop Iran from getting nuclear PRAYER Workforce Investment Act of 2013. weapons capability, which would threaten Israel and the national secu- The Chaplain, Dr. Barry C. Black, of- The PRESIDENT pro tempore. The clerk will report the bill by title. rity of our great country. fered the following prayer: The Obama administration is in the The assistant legislative clerk read Let us pray. midst of negotiations with the Iranians as follows: Eternal Lord God, the giver of every that are designed to end their nuclear good and perfect gift, during this Motion to proceed to Calendar No. 243, S. weapons program. We all strongly sup- 1356, a bill to amend the Workforce Invest- Thanksgiving season, we lift grateful port those negotiations and hope they hearts to You in prayer. Thank You for ment Act of 1998 to strengthen the United States workforce development system will succeed, and we want them to the splash of raindrops, for the warmth through innovation in, and alignment and produce the strongest possible agree- of sunshine, for the melody of the improvement of, employment, training, and ment. moonlight, and for the stars that hang education programs in the United States, However, we are also aware of the like scintillating lanterns in the night. and to promote individual and national eco- possibility that the Iranians could keep Lord, we are grateful for strength to nomic growth, and for other purposes. the negotiations from succeeding. I meet life’s challenges, for the fulfill- SCHEDULE hope that won’t happen, but the Senate ment of honorable labor, for friend- Mr. REID. Mr. President, following must be prepared to move forward with ships that dispel loneliness, for the my remarks and those of the Repub- a new bipartisan Iran sanctions bill laughter of children, and for the joy of lican leader, the Senate will resume when the Senate returns after the the harvest. We praise You for the consideration of the National Defense Thanksgiving recess. I am committed privilege to receive Your forgiveness Authorization Act. I filed cloture on to do just that. and to make operative Your redeeming that bill last night. As a result, the fil- A number of Senators, Democrats grace in our thoughts, desires, and ing deadline for first-degree amend- and Republicans, have offered their hopes. ments to the bill is 1 p.m. today. own amendments on Iran, and they We also express gratitude for our MEASURE PLACED ON THE CALENDAR—S. 1752 have offered a couple of the amend- Senators, who have an opportunity to Mr. REID. Mr. President, I am told S. ments in the Defense authorization participate in history’s great events 1752 is due for a second reading. bill. I know other Senators also have and to serve Your purposes for their The PRESIDENT pro tempore. The their own sanctions bills they would lives in this generation. clerk will read the title of the bill for like to move forward on. Lord of all, to You we raise this, our the second time. I will support a bill that would broad- prayer, of grateful praise. Amen. The legislative clerk read as follows: en the scope of our current petroleum sanctions, place limitations on trade A bill (S. 1752) to perform procedures for f determinations to proceed to trial by court- with strategic sectors of the Iranian martial for certain offenses under the Uni- economy that support its nuclear am- form Code of Military Justice, and for other bitions, as well as pursue those that di- PLEDGE OF ALLEGIANCE purposes. vert goods to Iran. The President pro tempore led the Mr. REID. I object to any further While I support the administration’s Pledge of Allegiance as follows: proceedings on this bill at this time. diplomatic efforts, I believe we need to I pledge allegiance to the Flag of the The PRESIDENT pro tempore. With- leave our legislative options open to United States of America and to the Repub- out objection, the bill will be placed on act on a new bipartisan sanctions bill lic for which it stands, one nation under God, the calendar. in December, shortly after we return. indivisible, with liberty and justice for all. Mr. President, I note the absence of a RESERVATION OF LEADER TIME quorum. The PRESIDENT pro tempore. Under f The PRESIDENT pro tempore. The the previous order, the leadership time clerk will call the roll. is reserved. The legislative clerk proceeded to RECOGNITION OF THE MAJORITY IRAN SANCTIONS call the roll. LEADER Mr. REID. Mr. President, I am a Mr. REID. Mr. President, I ask unan- The PRESIDENT pro tempore. The strong supporter of our Iran sanction imous consent that the order for the majority leader is recognized. regime and believe that the current quorum call be rescinded.

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

S8413

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VerDate Mar 15 2010 01:46 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.000 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8414 CONGRESSIONAL RECORD — SENATE November 21, 2013 The PRESIDENT pro tempore. With- At the beginning of this Congress, We agreed in July that the Senate out objection, it is so ordered. the Republican leader pledged that, should be confirming nominees to en- RULES REFORM ‘‘This Congress should be more bipar- sure the proper functioning of govern- Mr. REID. Mr. President, the Amer- tisan than the last Congress.’’ ment. ican people believe Congress is broken. We are told in the Scriptures—let’s Consistent and unprecedented ob- The American people believe the Sen- take, for example, the Old Testament, struction by the Republican Caucus ate is broken, and I believe the Amer- the Book of Numbers, that promises, has turned ‘‘advise and consent’’ into ican people are right. pledges, a vow—one must not break his ‘‘deny and obstruct.’’ During this Congress—the 113th Con- word. In addition to filibustering a nominee gress—the United States has wasted an In January, Republicans promised to for Secretary of Defense for the first unprecedented amount of time on pro- work with the majority to process time in history, Senate Republicans cedural hurdles and partisan obstruc- nominations in a timely manner by also blocked a sitting Member of Con- tion. As a result the work of this coun- unanimous consent, except in extraor- gress from an administration position try goes undone. dinary circumstances. Exactly three for the first time since 1843. Congress should be passing legisla- weeks later, Republicans mounted a As a senior Member of the House Fi- tion that strengthens our economy and first-in-history filibuster of a highly nancial Services Committee, Congress- protects American families. Instead, qualified nominee for Secretary of De- man MEL WATT’s understanding of the we are burning wasted hours and wast- fense. mistakes that led to the housing crisis ed days between filibusters. I could Despite being a former Republican made him uniquely qualified to serve say, instead, we are burning wasted Senator and a decorated war hero, hav- as Administrator of the Federal Hous- days and wasted weeks between filibus- ing saved his brother’s life in Vietnam, ing Finance Agency. ters. Defense Secretary Chuck Hagel’s nomi- Senate Republicans simply do not Even one of the Senate’s most basic nation was pending in the Senate for a like the consumer protections Con- duties—confirmation of presidential record 34 days—more than three times gressman WATT was nominated to de- nominees—has become completely un- the previous average for a Secretary of velop and implement, so they denied a workable. There has been unbelievable, Defense. Remember, our country was fellow Member of Congress and a grad- unprecedented obstruction. For the at war. uate of the Yale School of Law even first time in the history of our Repub- Republicans have blocked executive the courtesy of an up-or-down vote. lic, Republicans have routinely used nominees such as Secretary Hagel not In the last 3 weeks alone, Repub- the filibuster to prevent President because they object to the qualifica- licans have blocked up-or-down votes Obama from appointing his executive tions of the nominee but simply be- on three highly qualified nominees to team or confirming judges. It is truly a cause they seek to undermine the very the DC Circuit Court of Appeals. This troubling trend that Republicans are government in which they were elected does not take into consideration they willing to block executive branch to serve. twice turned down one of the most nominees, even when they have no ob- Take the nomination of Richard qualified people in my 30 years in the jection to the qualifications of the Cordray to lead the Consumer Finan- Senate who I have ever seen come be- nominee. Instead, they block qualified cial Protection Bureau. There was no fore this body: Caitlin Halligan. So we executive branch nominees to cir- doubt about his ability to do the job. have three more to add to that list. cumvent the legislative process. They But the Consumer Financial Protec- The DC Circuit is considered by block qualified executive branch nomi- tion Bureau, the brainchild of ELIZA- many to be the second highest court in nations to force wholesale changes to BETH WARREN, went for more than 2 the land, and some think maybe the laws. They block qualified executive years without a leader because Repub- most important. It deals with these branch nominees to restructure entire licans refused to accept the law of the complex cases that come from Federal executive branch departments, and land, because they wanted to roll back agencies and other things within their they block qualified judicial nominees the law that protects consumers from jurisdiction. because they don’t want President the greed of Wall Street. Republicans have blocked four of Obama to appoint any judges to certain I say to my Republican colleagues: President Obama’s five nominees to the courts. You don’t have to like the laws of the DC Circuit, whereas the Democrats ap- The need for change is so very obvi- land, but you do have to respect those proved four of President Bush’s six ous. It is clearly visible. It is manifest laws and acknowledge them and abide nominations to this important court. we have to do something to change by them. Today the DC Circuit Court—at least things. Similar obstruction continued the second most important court in the In the history of our country—some unabated for 7 more months, until land—has more than 25 percent in va- 230-plus years—there have been 168 fili- Democrats threatened to change Sen- cancies. There is not a single legiti- busters of executive and judicial nomi- ate rules to allow up-or-down votes on mate objection to the qualifications of nations. Half of them have occurred executive nominations. In July, after any of these nominees to the DC Cir- during the Obama administration—so obstructing dozens of executive nomi- cuit that President Obama has put for- 230-plus years, 50 percent; 41⁄2 years, 50 nees for months—and some for years— ward. Republicans have refused to give percent. Is there anything fair about Republicans once again promised they them an up-or-down vote—a simple that? would end the unprecedented obstruc- ‘‘yes’’ or ‘‘no’’ vote. Republicans sim- These nominees deserve at least an tion. ply do not want President Obama to up-or-down vote—yes or no—but Re- One look at the Senate’s Executive make any appointments at all to this publican filibusters deny them a fair Calendar shows that nothing has vital court—none, zero. vote—any vote—and deny the Presi- changed since July. Republicans have Further, only 23 district court nomi- dent his team. continued their record obstruction as if nations have been filibustered in the Gridlock has consequences, and they no agreement had ever been reached. entire history of our country—23. And are terrible. It is not only bad for Again, Republicans have continued you know what. Twenty of them have President Obama and bad for this body, their record of obstruction as if no been in the last 41⁄2 years. Two hundred the Senate, it is bad for our country, it agreement had been reached. thirty-plus years: 3; the last 41⁄2 years: is bad for our national security, and it There are currently 75 executive 20. That is not fair. With one out of is bad for our economic security. branch nominations ready to be con- every 10 Federal judgeships vacant, That is why it is time to get the Sen- firmed by the Senate. They have been millions of Americans who rely on ate working again—not for the good of waiting an average of 140 days for con- courts that are overworked and under- the current Democratic majority or firmation. staffed are being denied the justice some future Republican majority, but One executive nominee to the agency they rightly deserve. for the good of the United States of that safeguards the water my children More than half of the Nation’s popu- America. It is time to change. It is and my grandchildren drink and the air lation lives in parts of the country that time to change the Senate before this they breathe has waited almost 900 have been declared a ‘‘judicial emer- institution becomes obsolete. days for confirmation. gency.’’ No one has worked harder than

VerDate Mar 15 2010 01:46 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.001 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8415 the President pro tempore to move The PRESIDENT pro tempore. With- Look, I get it. As I indicated, I would judges. The President pro tempore is out objection, it is so ordered. want to be talking about something the chairman also of the Judiciary RECOGNITION OF THE MINORITY LEADER else too if I had to defend dogs getting Committee. No one knows the problem The Republican leader is recognized. insurance while millions of Americans more than the President pro tempore. HEALTH CARE lost theirs. But it will not work. The The American people are fed up with Mr. MCCONNELL. Mr. President, parallels between this latest skirmish this kind of obstruction and gridlock. over the past several weeks, the Amer- and the original ObamaCare push are The American people—Democrats, Re- ican people have been witness to one of just too obvious to ignore. publicans, Independents—are fed up the most breathtaking—breathtaking— Think about it. Just think about it. with this gridlock, this obstruction. indictments of big-government lib- The majority leader promised—he The American people want Washington eralism in memory. And I am not just promised—over and over that he would to work for American families once talking about a Web site. I am talking not break the rules of the Senate in again. about the way in which ObamaCare order to change them. This was not an I am on their side, which is why I was forced on the public by an adminis- ancient promise. On July 14 on ‘‘Meet propose an important change to the tration and a Democratic-led Congress the Press’’ he said: ‘‘We’re not touch- rules of the U.S. Senate. The present that we now know was willing to do ing judges.’’ This year, on July 14, on Republican leader himself said—and and say anything—anything—to pass ‘‘Meet the Press’’: ‘‘We’re not touching this is a direct quote—‘‘The Senate has the law. judges.’’ repeatedly changed its rules as cir- The President and his Democratic al- Then there are the double standards. cumstances dictate.’’ lies were so determined to force their When Democrats were in the minor- He is right. In fact, the Senate has vision of health care on the public that ity, they argued strenuously for the changed its rules 18 times, by sus- they assured them up and down that very thing they now say we will have taining or overturning the ruling of the they would not lose the plans they had, to do without; namely, the right to ex- Presiding Officer, in the last 36 years— that they would save money instead of tended debate on lifetime appoint- during the tenures of both Republican losing it, and that they would be able ments. In other words, they believe and Democratic majorities. to use the doctors and hospitals they that one set of rules should apply to The change we propose today would were already using. them—to them—and another set to ev- ensure executive and judicial nomina- But, of course, we know that that erybody else. He may just as well have tions an up-or-down vote on confirma- rhetoric does not match reality. The said: ‘‘If you like the rules of the Sen- tion—yes, no. The rule change will stories we are hearing on a nearly daily ate, you can keep them.’’ ‘‘If you like make cloture for all nominations other basis now range from heartbreaking to the rules of the Senate, you can keep than for the Supreme Court a majority comical. Just yesterday I saw a story them’’—just the way so many Demo- threshold vote—yes or no. about a guy getting a letter in the mail crats in the administration and Con- The Senate is a living thing, and to saying his dog—his dog—had qualified gress now believe that ObamaCare is survive it must change, as it has over for insurance under ObamaCare. So, good enough for their constituents, but the history of this great country. To yeah, I would probably be running for that when it comes to them, their po- the average American, adapting the the exits too if I had supported this litical allies, their staffs, well, of rules to make the Senate work again is law. I would be looking to change the course, that is different. just common sense. Let’s not forget about the raw This is not about Democrats versus subject—change the subject—just as power—the raw power—at play here. Republicans. This is about making Senate Democrats have been doing On this point, the similarities between Washington work—regardless of who is with their threats of going nuclear and the ObamaCare debate and the Demo- in the White House or who controls the changing the Senate rules on nomina- cratic threat to go nuclear on nomina- Senate. tions. If I were a Senator from Oregon, To remain relevant and effective as for example, which has not enrolled a tions are inescapable—inescapable. an institution, the Senate must evolve single person—a single person—for the They muscled through ObamaCare on a to meet the challenges of this modern ObamaCare exchange, I would probably party-line vote and did not care about era. want to talk about something else too. the views of the minority—did not care I have no doubt my Republican col- But here is the problem with this lat- one whit about the views of the minor- leagues will argue the fault is ours, it est distraction: It does not distract ity. And that is just about what they is the Democrats’ fault. I can say from people from ObamaCare. It reminds are going to do here. experience that no one’s hands are en- them of ObamaCare. It reminds them The American people decided not to tirely clean on this issue. But today of all the broken promises. It reminds give the Democrats the House or to re- the important distinction is not be- them of the power grab. It reminds store the filibuster-proof majority they tween Democrats and Republicans. It is them of the way Democrats set up one had in the Senate back in 2009, and our between those who are willing to help set of rules for themselves and another Democratic colleagues do not like that break the gridlock in Washington and for everybody else—one set of rules for one bit. They just do not like it. The those who defend the status quo. them and another for everybody else. American people are getting in the way Is the Senate working now? Can any- Actually, this is all basically the of what they would like to do. So they one say the Senate is working now? I same debate, and rather than distract are trying to change the rules of the do not think so. people from ObamaCare, it only rein- game to get their way anyway. They Today Democrats and Independents forces the narrative of a party that is said so themselves. Earlier this year, are saying enough is enough. This willing to do and say just about any- the senior Senator from New York said change to the rules regarding Presi- thing to get its way—willing to do or they want to ‘‘fill up the DC Circuit dential nominees will apply equally to say just about anything to get its way. one way or another’’—‘‘fill up the DC both parties. When Republicans are in Because that is just what they are Circuit one way or another.’’ power, these changes will apply to doing all over again. The reason is clear. As one liberal ac- them as well. That is simple fairness, Once again, Senate Democrats are tivist put it earlier this year, President and it is something that both sides threatening to break the rules of the Obama’s agenda ‘‘runs through the DC should be willing to live with to make Senate—break the rules of the Sen- Circuit.’’ You cannot get what you Washington work again. That is simple ate—in order to change the rules of the want through the Congress because the fairness. Senate. And over what? Over what? American people, in November 2010, I suggest the absence of a quorum. Over a court that does not even have said they had had enough—they issued The PRESIDENT pro tempore. The enough work to do? a national restraining order, after clerk will call the roll. Millions of Americans are hurting be- watching 2 years of this administration The legislative clerk proceeded to cause of a law Washington Democrats unrestrained—so now their agenda runs call the roll. forced upon them, and what do they do through the bureaucracy and through Mr. MCCONNELL. Mr. President, I about it? They cook up some fake fight the DC Circuit. ask unanimous consent that the order over judges—a fake fight over judges— As I said, in short, unlike the first 2 for the quorum call be rescinded. who are not even needed. years of the Obama administration,

VerDate Mar 15 2010 01:46 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.003 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8416 CONGRESSIONAL RECORD — SENATE November 21, 2013 there is now a legislative check on the record seven times—seven times. Now judges confirmed—obviously we are President. The administration does not they want to blow up the rules because willing to do that. If you want to play much like checks and balances, so it Republicans are following a precedent games, set yet another precedent that wants to circumvent the people’s rep- they themselves set. you will no doubt come to regret—I say resentatives with an aggressive regu- I might add, we are following that to my friends on the other side of the latory agenda, and our Democratic col- precedent in a much more modest way aisle, you will regret this, and you may leagues want to facilitate that by fill- than Democrats did. regret it a lot sooner than you think. ing up a court that will rule on his So how about this for a suggestion? Let me be clear. The Democratic agenda—a court that does not even How about instead of picking a fight playbook of broken promises, double have enough work to do, especially if it with Senate Republicans by jamming standards, and raw power, the same means changing the subject from through nominees to a court that does playbook that got us ObamaCare, has ObamaCare for a few days. not even have enough work to do, how to end. It may take the American peo- And get this: They think they can about taking yes for an answer and ple to end it, but it has to end. That is change the rules of the Senate in a way working with us on filling judicial why Republicans are going to keep that benefits only them. They want to emergencies that actually exist? their focus where it belongs, on the do it in such a way that President Yet rather than learn from past concerns of the American people. It Obama’s agenda gets enacted but that precedent on judicial nominations that means we are going to keep pushing to a future Republican President could they themselves set, Democrats now get back to the drawing board on not get his or her picks for the Su- want to set another one. I have no health care, to replace ObamaCare with preme Court confirmed by a Repub- doubt if they do, they will come to re- real reforms, to not punish the middle lican Senate using the same precedent gret that one as well. Our colleagues class, and we will leave the political our Democratic friends want to set. evidently would rather live for the mo- games to our friends on the other side They want to have it both ways. ment, satisfy the moment, live for the of the aisle. But this sort of gerrymandered vision moment, and try to establish a story The PRESIDENT pro tempore. The of the nuclear option is wishful think- line that Republicans are intent on ob- majority leader. ing. As the ranking member of the Ju- structing President Obama’s judicial Mr. REID. Mr. President, what is the diciary Committee Senator GRASSLEY nominees. That story line is patently business before the Senate right now? pointed out yesterday: If the majority ridiculous in light of the facts. That is The PRESIDENT pro tempore. The leader changes the rules for some judi- an utterly absurd suggestion in light of business before the Senate is the mo- cial nominees, he is effectively chang- the facts. tion to proceed to S. 1356. ing them for all judicial nominees, in- Before this current Democratic gam- MOTION TO PROCEED TO RECONSIDERATION cluding the Supreme Court, as Senator bit to fill up the DC Circuit one way or Mr. REID. Mr. President, I now move GRASSLEY pointed out yesterday. the other, the Senate had confirmed Look, I realize this sort of wishful 215—215—of the President’s judicial to proceed to the motion to reconsider thinking might appeal to the nominees and rejected 2. That is a 99- the vote by which cloture was not in- uninitiated newcomers in the Demo- percent confirmation rate. There were voked on the Millett nomination. cratic Conference who have served ex- 215 confirmed and 2 rejected—99 per- The PRESIDENT pro tempore. The actly zero days in the minority. But cent. question is on agreeing to the motion. the rest of you guys in the conference Look, if advice and consent is to Mr. MCCONNELL. Mr. President, I should know better. Those of you who mean anything at all, occasionally con- ask for the yeas and nays. have been in the minority before sent is not given. But by any objective The PRESIDENT pro tempore. Is should know better. standards, Senate Republicans have there a sufficient second? Let’s remember how we got here. been very fair to this President. We There is a sufficient second. Let’s remember that it was Senate have been willing to confirm his nomi- The yeas and nays are ordered. Democrats who pioneered, who lit- nees. In fact, speaking of the DC Cir- The clerk will call the roll. erally pioneered the practice of filibus- cuit, we just confirmed one a few The legislative clerk called the roll. tering circuit court nominees, and who months ago 97 to 0 to the DC Circuit. Mr. CHAMBLISS (when his name was have been its biggest proponents in the So I suggest our colleagues take a called). ‘‘Present.’’ very recent past. After President Bush timeout, stop trying to jam us, work Mr. HATCH (when his name was was elected, they even held a retreat in with us instead to confirm vacancies called). ‘‘Present.’’ which they discussed the need to that actually need to be filled, which Mr. ISAKSON (when his name was change the ground rules by which life- we have been doing. This rules change called). ‘‘Present.’’ time appointments are considered. The charade has gone from being a biannual The result was announced—yeas 57, senior Senator from New York put on a threat, to an annual threat, now to a nays 40, as follows: seminar, invited Laurence Tribe, Cass quarterly threat. How many times [Rollcall Vote No. 239 Leg.] have we been threatened, my col- Sunstein. In the past the practice had YEAS—57 been neither side had filibustered cir- leagues? Do what I say or we will break Baldwin Hagan Murphy cuit court nominees. In fact, I can re- the rules to change the rules. Confirm Baucus Harkin Murray member at Senator Lott’s gagging sev- everybody, 100 percent. Anything less Begich Heinrich Nelson eral times and voting for cloture on than that is obstructionism. That is Bennet Heitkamp Pryor circuit judges for the Ninth Circuit, what they are saying to us. Blumenthal Hirono Reed Booker Johnson (SD) Reid knowing full well that once cloture was Let me say we are not interested in Boxer Kaine Rockefeller invoked, they would be confirmed. having a gun put to our head any Brown King Sanders So this business of filibustering cir- longer. If you think this is in the best Cantwell Klobuchar Schatz Cardin Landrieu Schumer cuit court judges was entirely an in- interests of the Senate and the Amer- Carper Leahy Shaheen vention of the guys over here on the ican people to make advice and con- Casey Levin Stabenow other side, the ones you are looking at sent, in effect, mean nothing—obvi- Collins Manchin Tester right over here. They made it up. They ously you can break the rules to Coons Markey Udall (CO) Donnelly McCaskill Udall (NM) started it. This is where we ended up. change the rules to achieve that. But Durbin Menendez Warner After President Bush was elected, some of us have been around here long Feinstein Merkley Warren they held this retreat that I was just enough to know that the shoe is some- Franken Mikulski Whitehouse talking about and made a big deal times on the other foot. Gillibrand Murkowski Wyden about it. It was all a prelude to what This strategy of distract, distract, NAYS—40 followed, the serial filibustering of sev- distract is getting old. I do not think Alexander Coats Cruz eral of President Bush’s circuit court the American people are fooled about Ayotte Coburn Enzi nominees, including Miguel Estrada, this. If our colleagues want to work Barrasso Cochran Fischer Blunt Corker Flake whose nomination to the DC Circuit with us to fill judicial vacancies, as we Boozman Cornyn Graham was filibustered by Senate Democrats a have been doing all year—99 percent of Burr Crapo Grassley

VerDate Mar 15 2010 01:46 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.005 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8417

Heller McConnell Sessions Cochran Hoeven Portman APPEALING RULING OF THE CHAIR Hoeven Moran Shelby Collins Inhofe Risch Mr. REID. I raise a point of order Inhofe Paul Thune Corker Isakson Roberts Johanns Portman Toomey Cornyn Johanns Rubio that the vote on cloture under rule Johnson (WI) Risch Vitter Crapo Johnson (WI) Scott XXII for all nominations other than for Kirk Roberts Wicker Cruz Kirk Sessions the Supreme Court of the United Lee Rubio Enzi Lee Shelby States is by majority vote. McCain Scott Fischer Manchin Thune Flake McCain The PRESIDENT pro tempore. Under Toomey ANSWERED ‘‘PRESENT’’—3 Graham McConnell Vitter the rules, the point of order is not sus- Grassley Moran Chambliss Hatch Isakson Wicker tained. Hatch Murkowski The motion was agreed to. Heller Paul Mr. REID. I appeal the ruling of the Chair and ask for the yeas and nays. MOTION TO RECONSIDER—MILLETT NOMINATION NAYS—54 The PRESIDENT pro tempore. The The PRESIDENT pro tempore. Is Baldwin Hagan Murray there a sufficient second? majority leader. Baucus Harkin Nelson Mr. REID. I move to reconsider the Begich Heinrich Pryor Mr. MCCONNELL. Mr. President, par- Bennet Heitkamp Reed liamentary inquiry. vote by which cloture was not invoked Blumenthal Hirono Reid on the Millett nomination. The PRESIDENT pro tempore. The Booker Johnson (SD) Rockefeller Republican leader will state the par- The PRESIDING OFFICER. The Re- Boxer Kaine Sanders publican leader. Brown King Schatz liamentary inquiry. Cantwell Klobuchar Schumer Mr. MCCONNELL. Is it correct that Mr. MCCONNELL. Parliamentary in- Cardin Landrieu Shaheen under the bipartisan provisions of S. quiry. Carper Leahy Stabenow Res. 15, adopted earlier this year, The PRESIDENT pro tempore. The Casey Levin Tester Coons Markey Udall (CO) postcloture debate time on a district Republican leader will state the par- Donnelly McCaskill Udall (NM) court nomination is limited to 2 hours liamentary inquiry. Durbin Menendez Warner before an up-or-down vote is required Mr. MCCONNELL. Is it correct that Feinstein Merkley Warren under the rules? more than 200 judicial nominations Franken Mikulski Whitehouse Gillibrand Murphy Wyden The PRESIDENT pro tempore. Pur- have been confirmed by the Senate suant to S. Res. 15 of the 113th Con- since 2009? The motion was rejected. gress, postcloture debate on district The PRESIDENT pro tempore. The MOTION TO RECONSIDER—MILLETT NOMINATION court nominees is limited to 2 hours. Chair is informed the Secretary of the The PRESIDENT pro tempore. The Mr. MCCONNELL. Further par- Senate confirmed that more than 200 majority leader. Mr. REID. Are we now on the motion liamentary inquiry, Mr. President. judicial nominations have been con- to reconsider the Millett nomination? The PRESIDENT pro tempore. The firmed since 2009. The PRESIDENT pro tempore. We Senator will state it. Mr. MCCONNELL. Mr. President, a are. Mr. MCCONNELL. Is it correct under further parliamentary inquiry. Mr. MCCONNELL. I ask for the yeas the provisions of S. Res. 15, adopted The PRESIDENT pro tempore. The and nays. earlier this very year, that postcloture Republican leader will state the par- The PRESIDENT pro tempore. Is debate time on any executive branch liamentary inquiry. there a sufficient second? nomination other than those at the Mr. MCCONNELL. Is it correct that There is a sufficient second. Cabinet level is already limited to 8 under the bipartisan streamlining pro- The question is on agreeing to the hours before an up-or-down vote is re- visions of S. Res. 116 and S. 679 in the motion. quired under Senate rules? 112th Congress, the Senate removed 169 The clerk will call the roll. The legislative clerk called the roll. The PRESIDENT pro tempore. Pur- nominations from Senate consider- suant to S. Res. 15 of the 113th Con- ation completely, moved 272 nomina- The result was announced—yeas 57, nays 43, as follows: gress, postcloture debate on any nomi- tions to the Senate’s expedited cal- nation to the executive branch, which endar, and removed from Senate con- [Rollcall Vote No. 241 Ex.] YEAS—57 is not a level 1 position as set forth in sideration approximately 3,000 nomina- title 5 of the U.S. Code, section 5312, is Baldwin Hagan Murphy tions for the NOAA officer corps and limited to 8 hours. the Public Health Service? Baucus Harkin Murray Begich Heinrich Nelson Mr. REID. I appeal the ruling of the The PRESIDENT pro tempore. It is Bennet Heitkamp Pryor Chair and ask for the yeas and nays. the understanding of the Chair that Blumenthal Hirono Reed The PRESIDENT pro tempore. Is pursuant to S. Res. 116 and S. 679 of the Booker Johnson (SD) Reid Boxer Kaine Rockefeller there a sufficient second? There is a 112th Congress, a large number of Brown King Sanders sufficient second. nominations were moved to a newly Cantwell Klobuchar Schatz The Republican leader. created expedited consideration proc- Cardin Landrieu Schumer Carper Leahy Shaheen Mr. MCCONNELL. Mr. President, one ess or removed from the advice-and- Casey Levin Stabenow other parliamentary inquiry. When the consent process of the Senate alto- Collins Manchin Tester Senate’s rules were amended and a new gether. The Chair cannot confirm the Coons Markey Udall (CO) standing order on consideration of exact number. Donnelly McCaskill Udall (NM) Durbin Menendez Warner nominations was established earlier MOTION TO ADJOURN Feinstein Merkley Warren this year, the majority leader and I en- Mr. MCCONNELL. I move to adjourn Franken Mikulski Whitehouse gaged in a colloquy to announce that the Senate until 5 p.m. and ask for the Gillibrand Murkowski Wyden no further rules changes would be con- yeas and nays. NAYS—43 sidered unless under the regular order The PRESIDENT pro tempore. Is Alexander Fischer Moran and through the action of the Senate there a sufficient second? Ayotte Flake Paul Rules Committee. Barrasso Graham Portman Would the Chair confirm that cur- There appears to be a sufficient sec- Blunt Grassley Risch ond. Boozman Hatch Roberts rently the rules of the Senate provide The question is on agreeing to the Burr Heller Rubio that a proposal to change the Senate motion. Chambliss Hoeven Scott rules would be fully debatable unless Coats Inhofe Sessions The clerk will call the roll. Coburn Isakson two-thirds of the Senators present and Shelby Cochran Johanns The legislative clerk called the roll. Thune voting voted to invoke cloture, which Corker Johnson (WI) The result was announced—yeas 46, Toomey would mean 67 Senators voting in the Cornyn Kirk nays 54, as follows: Crapo Lee Vitter affirmative if all 100 voted? [Rollcall Vote No. 240 Ex.] Cruz McCain Wicker The PRESIDENT pro tempore. The Enzi McConnell YEAS—46 Republican leader is correct. Mr. MCCONNELL. Further inquiry: It Alexander Blunt Chambliss The motion was agreed to. Ayotte Boozman Coats The PRESIDENT pro tempore. The is my understanding that prevailing on Barrasso Burr Coburn majority leader is recognized. appeal of the ruling of the Chair would

VerDate Mar 15 2010 01:46 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.001 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8418 CONGRESSIONAL RECORD — SENATE November 21, 2013 change Senate precedent on how nomi- Under the precedent set by the Sen- Harry Reid, Patrick J. Leahy, Richard J. nations are considered in the Senate ate today, November 21, 2013, the Durbin, John D. Rockefeller IV, Ben- and effectively change the procedures threshold for cloture on nominations, jamin L. Cardin, Jon Tester, Sheldon or application of the Senate’s rules. not including those to the Supreme Whitehouse, Mark R. Warner, Patty How many votes are required to ap- Murray, Mazie K. Hirono, Angus S. Court of the United States, is now a King, Jr., Barbara Boxer, Jeanne Sha- peal the ruling of the Chair in this in- majority. That is the ruling of the heen, Robert Menendez, Bill Nelson, stance? Chair. Debbie Stabenow, Richard Blumenthal. The PRESIDENT pro tempore. A ma- Mr. MCCONNELL. I appeal the ruling The PRESIDENT pro tempore. By jority of those Senators voting, a of the Chair and ask for the yeas and unanimous consent, the mandatory quorum being present, is required. nays. quorum call has been waived. Mr. MCCONNELL. So I am correct The PRESIDENT pro tempore. The that overturning the ruling of the The question is, Is it the sense of the Republican leader appeals the decision Senate that debate on the nomination Chair requires a simple majority vote? of the Chair. The PRESIDENT pro tempore. The of Patricia Ann Millett, of Virginia, to The question is, Shall the decision of be United States Circuit Judge for the Senator from Kentucky is correct. the Chair stand as the judgment of the The majority leader has appealed District of Columbia Circuit, shall be Senate? brought to a close, upon reconsider- from the decision of the Chair. The yeas and nays have been re- The question is, Shall the decision of ation? quested. the Chair stand as the judgment of the The yeas and nays are mandatory Is there a sufficient second? Senate? under the rule. Mr. REID. I ask for the yeas and There is a sufficient second. The clerk will call the roll. nays. The yeas and nays are ordered. The assistant legislative clerk called The PRESIDENT pro tempore. The The clerk will call the roll. the roll. yeas and nays are requested. The legislative clerk called the roll. Mr. CHAMBLISS (when his name was Is there a sufficient second? The result was announced—yeas 52, called). Present. There appears to be a sufficient sec- nays 48, as follows: Mr. HATCH (when his name was ond. [Rollcall Vote No. 243 Ex.] called). Present. The clerk will call the roll. YEAS—52 The yeas and nays resulted—yeas 55, The assistant legislative clerk called Baldwin Hagan Nelson nays 43, as follows: the roll. Baucus Harkin Reed [Rollcall Vote No. 244 Ex.] The result was announced—yeas 48, Begich Heinrich Reid nays 52, as follows: Bennet Heitkamp Rockefeller YEAS—55 Blumenthal Hirono [Rollcall Vote No. 242 Ex.] Sanders Baldwin Harkin Nelson Booker Johnson (SD) Schatz Baucus Heinrich Pryor YEAS—48 Boxer Kaine Schumer Begich Heitkamp Reed Brown King Alexander Fischer McConnell Shaheen Bennet Hirono Reid Cantwell Klobuchar Ayotte Flake Moran Stabenow Blumenthal Johnson (SD) Rockefeller Cardin Landrieu Barrasso Graham Murkowski Tester Booker Kaine Carper Leahy Sanders Blunt Grassley Paul Udall (CO) Boxer King Casey Markey Schatz Boozman Hatch Portman Brown Klobuchar Coons McCaskill Udall (NM) Schumer Burr Heller Pryor Cantwell Landrieu Donnelly Menendez Warner Shaheen Chambliss Hoeven Risch Cardin Leahy Durbin Merkley Warren Stabenow Coats Inhofe Roberts Carper Levin Feinstein Mikulski Whitehouse Tester Coburn Isakson Rubio Casey Manchin Franken Murphy Wyden Udall (CO) Cochran Johanns Scott Coons Markey Gillibrand Murray Udall (NM) Collins Johnson (WI) Sessions Donnelly McCaskill Warner Corker Kirk Shelby NAYS—48 Durbin Menendez Cornyn Lee Thune Feinstein Merkley Warren Crapo Levin Toomey Alexander Fischer McConnell Franken Mikulski Whitehouse Cruz Manchin Vitter Ayotte Flake Moran Gillibrand Murphy Wyden Enzi McCain Wicker Barrasso Graham Murkowski Hagan Murray Blunt Grassley Paul NAYS—52 Boozman Hatch Portman NAYS—43 Baldwin Hagan Nelson Burr Heller Pryor Alexander Fischer Murkowski Baucus Harkin Reed Chambliss Hoeven Risch Ayotte Flake Paul Coats Inhofe Roberts Begich Heinrich Reid Barrasso Graham Portman Coburn Isakson Rubio Bennet Heitkamp Rockefeller Blunt Grassley Risch Cochran Johanns Scott Blumenthal Hirono Boozman Heller Roberts Sanders Collins Johnson (WI) Sessions Booker Johnson (SD) Burr Hoeven Rubio Schatz Corker Kirk Shelby Boxer Kaine Schumer Coats Inhofe Scott Cornyn Lee Thune Coburn Isakson Brown King Shaheen Sessions Cantwell Klobuchar Crapo Levin Toomey Cochran Johanns Stabenow Shelby Cardin Landrieu Cruz Manchin Vitter Collins Johnson (WI) Tester Thune Carper Leahy Enzi McCain Wicker Corker Kirk Udall (CO) Toomey Casey Markey Cornyn Lee The PRESIDENT pro tempore. The Vitter Coons McCaskill Udall (NM) Crapo McCain Donnelly Menendez Warner Senate sustains the decision of the Cruz McConnell Wicker Durbin Merkley Warren Chair. Enzi Moran Feinstein Mikulski Whitehouse The majority leader. ANSWERED ‘‘PRESENT’’—2 Franken Murphy Wyden Mr. REID. Mr. President, what is the Gillibrand Murray Chambliss Hatch pending question before the Senate? The PRESIDENT pro tempore. The The PRESIDENT pro tempore. Upon f decision of the Chair is not sustained. reconsideration, the motion is agreed The Republican leader. CLOTURE MOTION to. APPEALING RULING OF THE CHAIR The PRESIDENT pro tempore. Pur- f Mr. MCCONNELL. Mr. President, I suant to rule XXII, the Chair lays be- make a point of order that nomina- fore the Senate the pending cloture EXECUTIVE SESSION tions are fully debatable under the motion, which the clerk will state. rules of the Senate unless three-fifths The legislative clerk read as follows: of the Senators chosen and sworn have CLOTURE MOTION voted to bring debate to a close. Under NOMINATION OF PATRICIA ANN the precedent just set by the Senate, We, the undersigned Senators, in accord- MILLETT TO BE UNITED STATES ance with the provisions of rule XXII of the CIRCUIT JUDGE FOR THE DIS- cloture is invoked at a majority. Standing Rules of the Senate, hereby move Therefore, I appeal the ruling of the TRICT OF COLUMBIA CIRCUIT— to bring to a close debate on the nomination Resumed Chair and ask for the yeas and nays. of Patricia Ann Millett, of Virginia, to be The PRESIDENT pro tempore. The United States Circuit Judge for the District The PRESIDENT pro tempore. The Chair has not yet ruled. of Columbia. Senator from Iowa.

VerDate Mar 15 2010 01:46 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.009 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8419 Mr. HARKIN. Mr. President, I wish to reminds me of a schoolyard fight be- votes, we could wait 3 more days, file take a few minutes first to congratu- tween a couple of adolescents, and the the new motion on the same bill or late our leader Senator REID for lead- teacher is trying to break it up. One amendment, and then it would require ing the Senate finally into the 21st cen- kid says: He hit me first. The other 54 votes. If we didn’t have 54, we would tury. This is the step that we have says: No, he hit me first. Then the wait 3 days, file a new motion, and taken today. Thank you very much, other kid says: No, he stepped on my then we needed 51 votes. Leader REID, for your courageous ac- toe first. At some point the majority could act tion and making sure that the Senate Who cares who started it? It is time on legislation, but the minority would can now work and get our work done. to stop. Even if I accept the fact that have the right to slow things down too; I have waited 18 years for this mo- Democrats started it—maybe they can as Senator George Hoar said in 1897, ment. In 1995, when we were in the mi- prove that we did. It is possible way give sober second thought to legisla- nority, I proposed changing the rules back when. It has escalated. tion in the Senate—sober second on filibuster. I have been proposing It turned from a punch here to a thought, not to stop it, not to block it, this ever since. punch there to almost extreme fight- but to slow things down, yes; give it a What has happened is this war has es- ing. It has reached the point where we second thought; maybe we shouldn’t calated. It is war on both sides. can’t function. rush into things. I said at the time, in 1995, that it was On nominations alone we had 168 fili- I understand that. Maybe things like an arms race. If we didn’t do some- busters since 1949. I picked that date should be amended. The minority thing about it, the Senate would reach because that is when all of this filibus- ought to have that right to offer those a point where we wouldn’t be able to tering started, 168; 82 of those have amendments—not just spurious amend- function. At that time, I thought my been under this President. This is what ments, but amendments that are rel- words were a little apocalyptic, but as I mean. It is worth it to talk about who evant and germane to the legislation. it turned out they weren’t at all. started this. Fine. If they want to say Ultimately 51 should decide in the Sen- This is a bright day for the Senate the Democrats started it, fine, we ate what we proceed on and the out- and for our country, to finally be able started it. It has escalated beyond all come of the vote. to move ahead on nominations so that bounds, as I said in 1995. It has turned I hope the vote today leads the Sen- any President—not only this President, into an arms race, so it is time to stop ate to adopt such an approach in Janu- any President—can put together his ex- it. That is what we did this morning ary 2015. When the new Senate comes ecutive branch under our Constitution. with this vote. We took a step in the in there will be a new Congress. I won’t A President should have the people right direction. be here, but I hope at that point the who he or she wants to form their exec- In 2008 Norman Ornstein, who is a Senate will then take the next step of utive branch. congressional scholar, wrote about the cutting down on the blatant use of the Every Senator gets to pick his or her broken Senate—our broken Senate— filibuster on legislation. own staff. We don’t have to have the how we couldn’t function. We can go Of the action taken today, this is House vote on it or anybody else. It is back even beyond that. In 1985, my what I predict. I predict the sky will true of every Member of the House or first year, Senator Thomas Eagleton, not fall, the oceans will not dry up, a Senate. It is true of the judiciary, the my neighbor to the south, said that the plague of locusts will not cover the third branch of the government. They Senate is now in a state of incipient Earth, and the vast majority of Ameri- can hire their clerks or their staff anarchy. cans will go on with their lives as be- without coming to us. We had something such as 20 to 30 fore. But I do predict that our govern- It is appropriate that any President filibusters in the Congress before that. ment will work better. A President will can now form their executive branch This has been escalating over a long be able to form an executive branch, with only 51 votes needed in the Sen- period of time, and it was time to stop. our judiciary will function better, and ate, not a supermajority. That is a That is what we did this morning. the Senate will be able to move quali- This is a big step in the right direc- huge step in the right direction. We fied nominees through the Senate in a tion, but now we need to take it an- can confirm judges of all the courts more responsible manner. other step further; that is, to change less than the Supreme Court, circuit This is a good day for the Senate, a filibuster on legislation. We need to and district court judges, with 51 votes, good day for our Nation. The Senate change it as it pertains to legislation. without this supermajority that has now enters the 21st century. been festering for so long. For example, we recently had the I congratulate Leader REID for bring- I listened to the Republican leader spectacle of a bill that I reported out of ing the Senate forward. It is a coura- during the runup to these votes, and he our committee unanimously—Repub- geous action. I compliment all of my said that we were going to somehow licans and Democrats. It passed the fellow Senators who upheld that vote, break the rules to make a new rule. We floor of the House unanimously. It overruling the ruling of the Chair, so did not break the rules. With the vote came to the Senate and one Senator that from now on we only need 51 votes that we just had, the Senate broke no stopped everything for 10 days. He to close debate and move nominations rules. stopped everything for 10 days. Guess and judges through the Senate. The rules provide for a 51-vote non- what. It finally passed by unanimous I yield the floor. debatable motion to overturn the rul- consent. ing of the Chair. We have done it many Should one Senator be able to stop The PRESIDING OFFICER (Mr. times in the past. things in the Senate in this manner? It HEINRICH). The Senator from Michigan. We did not break the rules. We sim- is time to move ahead and at the same Mr. LEVIN. I ask unanimous consent ply used rules to make sure that the time to protect the right of the minor- that after the Senator from Iowa is Senate could function and that we can ity, to offer amendments that are rel- recognized, I be recognized for up to 20 get our nominees through. evant and germane, debate, and vote on minutes. I like what the writer Gail Collins them. Not that they should win, but The PRESIDING OFFICER. Without said in her column this morning in the the minority should be able to offer, objection, it is so ordered. New York Times about these rule debate, and vote on relevant and ger- The PRESIDING OFFICER. The Sen- changes. She has had a lot of good col- mane amendments to legislation. ator from Iowa. umns, but she talked about how we I proposed 18 years ago a formula NUCLEAR OPTION were calling it the nuclear option. She that, quite frankly, was first proposed Mr. GRASSLEY. Mr. President, we proffered that it was probably called by Senator Dole many years before didn’t have a chance to debate the that because some think that changing that. That was on a cloture vote to end change in rules, and we should have, so the rules in the Senate is worse than a a filibuster. The first time had to be 60 I am going to speak now on some nuclear war, but it is not. It is time votes. Then we could wait 3 days to file things I think should have been said that we change these rules. a new motion with the requisite signa- before we voted—not that it would The Republican leader earlier said it tures and at that time we would need have changed the outcome but because was the Democrats who started this. It 57 votes. Then if we didn’t have 57 we ought to have known what we were

VerDate Mar 15 2010 01:46 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.013 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8420 CONGRESSIONAL RECORD — SENATE November 21, 2013 doing before we vote rather than after- judgeships and eight active judges—four ap- After the President simultaneously ward. So I will spend a few minutes dis- pointed by Democratic Presidents and four nominated three nominees who are not cussing what the majority leader did by Republicans. The court also has six senior needed for the DC Circuit—a blatant on the so-called nuclear option. judges who hear cases varying from 25% to political power grab in its own right— 75% of an active judge’s caseload. Together Unfortunately, this wasn’t a new they carry the equivalent caseload of 3.25 ac- what did the Republicans do? Well, we threat. Over the last several years, tive judges, according to numbers from Chief did something quite simple: We said we every time the minority has chosen to Judge Merrick Garland. That means the cir- want to go by the rules the Democrats exercise his rights under the Senate cuit has the equivalent of 11.25 full-time set in 2006. We said we would hold those rules, the majority has threatened to judges. Democrats to the same standard they change the rules. In fact, this is the That’s more than enough considering that established in 2006 when they blocked a third time in just the last year or so the court’s caseload is the lightest in the nominee of President Bush’s by the country. For the 12-months ending in Sep- that the majority leader has said that tember, the D.C. Circuit had 149 appeals filed name of Peter Keisler. if he didn’t get his way on nomina- per active judge. By comparison, the 11th Let’s be clear about why the Demo- tions, he would change the rules. Iron- Circuit had 778 appeals filed per active judge crats are outraged. Democrats are out- ically, that is about as many judicial for the same period. If all three nominees to raged because Republicans actually nominees as our side has stopped the D.C. Circuit were confirmed, the number had the temerity to hold the other po- through a filibuster—three or so. of appeals per active judge would be 108, litical party to a standard they estab- Prior to the recent attempt by the while a full slate on the 11th Circuit would lished, and because we did, because we President to simultaneously add three be 583 appeals per judge. The national aver- insisted we all play by the same rules, judges who are not needed to the DC age of appeals per active judge is 383. The closest to the D.C. Circuit is the 10th Circuit, they came right back and said: Then Circuit, Republicans had stopped a at 217 appeals. we will change the rules. In effect, the grand total of 2 of President Obama’s Liberal Senator Pat Leahy claims that other side has said: We don’t want to judicial nominees—not 10, as the these comparisons don’t matter because the be held to the standard we established Democrats had by President Bush’s D.C. Circuit handles complex rulemakings by in 2006. And not only that, but if you fifth year in office; not 34, as one of my federal agencies and sensitive national secu- don’t give us what we want, we are colleagues tried to suggest earlier this rity cases. But the truth is that all the cir- willing to forever change the Senate. week; no, only 2 had been stopped. If cuits handle complicated cases. And even And that is what happened today. many regulatory cases have been migrating we include the nominees for the DC to other circuits as some of the D.C. Cir- We hear a lot of ultimatums around Circuit, we have stopped a grand total cuit’s stars have taken senior status. here, but this ultimatum was not run- of 5—again, not 10, as the Democrats According to the Administrative Office of of-the-mill. It was very different. It did in 2005; not 34, as one of my col- the U.S. Courts, 42.9% of the D.C. Circuit’s was different because this threat was leagues tried to argue earlier this week caseload is made up of administrative ap- designed to hold the Senate hostage. It but 5. During that same time we have peals of federal rules or regulations, the was different because it is designed to confirmed 209 lower court Article III highest percentage of any circuit. In raw hold hostage all of the Senate’s history numbers, the D.C. Circuit is not carrying the judges. That is a record of 209 judges heaviest load. That honor goes to the Second and traditions and precedents. It was approved to 5 who were not approved. Circuit Court of Appeals. different because its effectiveness de- So this threat isn’t based on any crisis. Democrats are in a rush to confirm as pends on the good will of Senators who There is no crisis. many judges as possible because they know don’t want to see the Senate as we I would note that today’s Wall Street the clock is ticking on the Obama second know it destroyed or function other Journal editorial entitled ‘‘DC Circuit term. Liberals have criticized the White than as the constitutional writers in- Breakers: The White House wants to House for its slow pace of nominations, but tended. pack a court whose judges are under- that isn’t the fault of Republicans. Iowa Sen- I would note that today’s majority ator Chuck Grassley, the ranking Republican worked’’ lays out the caseload pretty on Judiciary who has led the fight against didn’t always feel that way—the very clearly. more D.C. Circuit confirmations, has been way we have seen expressed today. Not I ask unanimous consent to have entirely consistent. In the Bush years he op- too many years ago my colleagues on printed in the RECORD the editorial to posed the nomination of a twelfth judge for the other side described their fight to which I just referred. the court on workload grounds. preserve the filibuster with great pride. There being no objection, the mate- GOP Senators watched for years as Senate For instance, in 2006 one of my col- rial was ordered to be printed in the Democrats blocked George W. Bush’s nomi- leagues on the other side said: nees to the D.C. Circuit, including the emi- RECORD, as follows: nently qualified Miguel Estrada and Peter The nuclear option was the most impor- [From the Wall Street Journal, Nov. 21, 2013] Keisler. Republicans are right to say that tant issue I have worked on in my public life. Its rejection was my proudest moment as a D.C. CIRCUIT BREAKERS the D.C. Circuit now has a full complement of judges following the unanimous confirma- minority leader. I emerged from the episode (By the Wall Street Journal Editorial Staff) tion of Obama nominee Sri Srinivasan in with a renewed appreciation for the majesty The White House wants to pack a court May. of Senate rules. As majority leader, I intend whose judges are underworked. Mr. Reid and his fellow Democrats are to run the Senate with respect for the rules We remember when a ‘‘judicial emergency’’ claiming that even if they establish a new and for the minority rights the rules protect. was the Senate’s way of calling attention to standard of 51 votes to confirm appellate In 2005 another of my Democratic vacancies based on a court’s caseload. Those judges and executive-branch officials, they colleagues had this to say, referring to were the good old days. Now Democrats are can keep the 60 vote standard for the Su- threatening to change Senate rules if Repub- when Republicans were in the major- preme Court. They’re kidding themselves. If ity: licans don’t acquiesce to their plan to con- they change the rules to pack the D.C. Cir- firm three new judges to the most under- cuit, Democrats should understand they are Today, Republicans are threatening to worked appellate circuit in the country. also setting that standard for future Su- take away one of the few remaining checks That’s the story behind the fight over the preme Court nominees opposed to Roe v. on the power of the executive branch by D.C. Circuit Court of Appeals, with the Wade. their use of what has become known as the White House trying to pack the court that nuclear option. This assault on our tradi- reviews much of its regulatory agenda. On Mr. GRASSLEY. This is about a tions of checks and balances and on the pro- Monday Senate Republicans blocked the naked power grab and nothing more tection of minority rights in the Senate and third nominee to the D.C. appellate court in than a power grab. This is about the in our democracy should be abandoned. recent weeks, and Democrats with short other side not getting everything they Eliminating the filibuster by nuclear op- memories of their judicial filibusters in the want, when they want it. tion would destroy the Constitution’s design Bush years are claiming this is unprece- The other side claims they were of the Senate as an effective check on the ex- dented. Majority Leader Harry Reid and pushed to this point because our side ecutive. other Democrats are threatening to resort to objected to the President’s plan to fill So here we have two quotes from the so-called nuclear option, which would let the DC Circuit with judges the court Democrats in the 2005–2006 timeframe the Senate confirm judicial nominees by a simple majority vote. does not need, but the other side tends very strongly supporting the precedent This is nothing but a political power play to forget history. History is something of the Senate in using the filibuster to because the D.C. Circuit doesn’t need the we ought to learn from, so let’s review protect minority rights. But that was new judges. It currently has 11 authorized how we got here. when they were in the minority. Now

VerDate Mar 15 2010 01:54 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.019 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8421 they are in the majority, and the tradi- You can’t get ObamaCare passed with question: Why did you choose this mo- tion of the Senate doesn’t mean much. Republican support? Do whatever it ment to break the rules to change the Here is another quote from the late takes: Pass it at 7 a.m. on Christmas rules? Why now? Why, when we are wit- Senator Byrd in 2005: Eve with just Democratic votes. nessing the collapse of this massive ef- And I detest this mention of a nuclear op- You can’t get all of your side to sup- fort to centrally plan one-sixth of this tion, the constitutional option. There is port ObamaCare? Do whatever it takes: wonderful Nation’s economy—why, nothing constitutional about it. Nothing. Resort to things like the ‘‘Cornhusker when millions of Americans are losing But, of course, that was way back kickback.’’ their health care—why did you choose then—just 6, 7 years ago when today’s You lose your 60th vote on this moment to hand the keys to the majority was in the minority and there ObamaCare due to a special election? kingdom over to the President, a Presi- was a Republican in the White House. Do whatever it takes: Ram it through dent with less check on his authority? Today the shoe is on the other foot. anyway using reconciliation. Because the fact of the matter is Today the other side is willing to for- The American people don’t want to this: any vote to break the rules to ever change the Senate because Repub- be taxed for not buying health care? Do change the rules is a vote to ensure licans have the audacity to hold whatever it takes: Tell the American ObamaCare remains intact. them—the majority party of today—to people it isn’t a tax and then argue in I will conclude by saying this. Chang- their own standard. Why? Why would the court that it is a tax. ing the rules of the Senate in this way The American people want to keep the other side do this? There clearly was a mistake. But if the last several their health care? Do whatever it isn’t a crisis on the DC Circuit. The years have taught us anything, it is takes: Promise them ‘‘if you like your judges themselves say that if we con- that the majority won’t stop making health care, you can keep it’’ and then firm any more judges, there won’t be these demands. We can’t always give in issue regulations making it impossible. to these constant threats. Sooner or enough work to go around. And it is Your labor allies want out from later you have to stand up and say: not as if all of these nominees are under ObamaCare? Do whatever it Enough is enough. mainstream consensus picks despite takes: Consider issuing them—labor—a what the other side would have us be- But if there is one thing which will waiver from the reinsurance tax. always be true, it is this: Majorities lieve, that they are somewhat main- You can’t find consensus nominees are fickle. Majorities are fleeting. Here stream. for the National Labor Relations today, gone tomorrow. That is a lesson Take Professor Pillard, for instance. Board? Do whatever it takes: Recess- that, sadly, most of my colleagues on She has written this about mother- appoint them when the Senate is still the other side of the aisle haven’t hood: in session. Reproductive rights, including rights to You can’t convince Congress to adopt learned for the simple reason that they contraception and abortion, play a central your gun control agenda? Do whatever have never served a single day in the role in freeing women from historically rou- it takes: Issue some Executive orders. minority. tine conscription into maternity. You can’t convince moderate Demo- So the majority has chosen to take Is that mainstream? crats to support cap-and-trade fee in- us down this path. The silver lining is She has also argued this about moth- creases? Well, do whatever it takes: Do that there will come a day when roles erhood: the same thing through EPA regula- are reversed. When that happens, our Antiabortion laws and other restraints on tion. side will likely nominate and confirm reproductive freedom not only enforce wom- Frustrated that conservative groups’ lower court and Supreme Court nomi- en’s incubation of unwanted pregnancies, but political speech is protected under the nees with 51 votes, regardless of wheth- also prescribe a ‘‘vision of the woman’s role’’ First Amendment? Do whatever it er the Democrats actually buy into as mother and caretaker of children in a way this fanciful notion that they can de- that is at odds with equal protection. takes: Use the IRS to harass and in- timidate those same conservative molish the filibuster on lower court Is that mainstream? groups. nominees and still preserve it for Su- What about her views on religious Frustrated when the court stands up preme Court nominees. freedom? She argued that the Supreme for religious freedom and issues a I yield the floor. Court’s case of Hosanna-Tabor Evan- check on the ObamaCare contraception The PRESIDING OFFICER. The Sen- gelical Lutheran Church, which chal- mandate? Do whatever it takes: Stack ator from Michigan. lenged the so-called ‘‘ministerial ex- the DC Circuit Court in your favor. Mr. LEVIN. I ask unanimous consent ception’’ to employment discrimina- Frustrated when the court curbs your that after my remarks, the Senator tion, represented a ‘‘substantial threat power on recess appointments? Do from Alabama be recognized. to the American rule of law.’’ Now, get whatever it takes: Stack the DC Cir- The PRESIDING OFFICER. Without this. After she said that, the Supreme cuit with your favorite appointees— objection. Court rejected her view 9 to 0, and the people who will rule in your favor. Mr. LEVIN. Mr. President, in the Court held that ‘‘it is impermissible for Worried EPA’s regulations on cap- past, a few Senate majorities, frus- the government to contradict a and-trade fee increases might get chal- trated by their inability to get certain church’s determination of who can act lenged in the court? Do whatever it bills and nominations to a vote, have as its ministers.’’ takes: Stack the DC Circuit in your threatened to ignore the rules and Do my colleagues really believe favor. change them by fiat, and to change mainstream America thinks churches Frustrated because Senate Repub- rules to a majority vote change. Rule shouldn’t be allowed to choose their licans have the nerve to hold you to XXII of the Senate requires two-thirds own ministers? the same standard you established dur- of the Senate to amend our rules. A I could go on and on, but I hope my ing the last administration? Do what- new precedent has now been set, which colleagues get the picture. ever it takes: Change the rules of the is that a majority can change our The point is this: Voting to change Senate. That is what we have wit- rules. Because that step would change the Senate rules is voting to remove nessed today, nothing but an absolute this Senate into a legislative body one of the last meaningful checks on power grab. where the majority can, whenever it the President—any President—and vot- The majority in the Senate and their wishes, change the rules, it has been ing to put these views on this impor- allies in the administration are willing dubbed the nuclear option. tant court. to do whatever it takes to achieve Arguments about the nuclear option So I ask again, why would the other their partisan agenda. They know are not new. Senator Arthur Vanden- side do this? It is nothing short of a there will be additional challenges to berg confronted the same question in complete and total power grab. It is ObamaCare. They know that if they 1949. Senator Vandenberg, who was a the type of thing we have seen again can stack the deck on the DC Circuit giant of the Senate and one of my pred- and again out of this administration they can remove one of the last re- ecessors from Michigan, said if the ma- and their Senate allies, and you can maining checks on Presidential power. jority can change the rules at will, sum it up this way: Do whatever it But make no mistake, my friends on ‘‘there are no rules except the tran- takes. the other side will have to answer this sient, unregulated wishes of a majority

VerDate Mar 15 2010 01:46 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.021 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8422 CONGRESSIONAL RECORD — SENATE November 21, 2013 of whatever quorum is temporarily in unique institution. It is deeply cratic minority in the Senate that control of the Senate.’’ dispiriting to see so many Republican stopped the nominations of some to the When Senator Vandenberg took that colleagues who have in the past Federal courts who we believed would position, he was arguing against chang- pledged to filibuster judicial nominees not provide fair and unbiased judg- ing the rules by fiat, although he fa- only in extraordinary circumstances ment. Without the protections afforded vored the rule change that was being engaged in such partisan gamesman- the Senate minority, total repeal of considered. ship. Whatever their motivations, the the estate tax would have passed the Overruling the ruling of the Chair, as repercussions of their actions are clear. Senate in 2006. we have now done, by a simple major- They are contributing to the destruc- We don’t have to go back to 2006 to ity is not a one-time action. If a Senate tion of an important check against ma- find examples of Senate Democrats majority demonstrates it can make jority overreach. To the frustration of using the rules of the Senate to stop such a change once, there are no rules those willing to break the rules to passage of what many of us deemed bad which bind a majority, and all future change the rules, those of us who are legislation. Just last year, these pro- majorities will feel free to exercise the unwilling to do that have now seen it tections prevented adoption of an same power—not just on judges and ex- occur before our eyes when the Chair amendment which would have essen- ecutive appointments but on legisla- was overruled earlier today. tially prevented the EPA from pro- tion. So why don’t I join my Democratic tecting waters under the Clean Water Act. We stopped an amendment to We have avoided taking those nu- colleagues in supporting the method by allow loaded and concealed weapons on clear steps in the past, although we which they propose to change the land managed by the Army Corps of have avoided them sometimes barely. I rules? My opposition to the use of the Engineers. With minority votes, we am glad we avoided the possible use of nuclear option to change the rules of the nuclear option again earlier this stopped legislation that would have al- the Senate is not a defense of the cur- lowed some individuals who were year when our leaders agreed on a path rent abuse of the rules. My opposition allowing the Senate to proceed to a deemed mentally incompetent access to the nuclear option is not new. When to firearms. That is just in the last vote on the President’s nominees for Republicans threatened in 2005 to use several unfilled vacancies in his admin- year. Removing these minority protec- the nuclear option in a dispute over ju- tions risks that in the future, impor- istration. Today we are once again dicial nominees, I strongly opposed the tant civil and political rights might moving down a destructive path. plans, just as Senator Kennedy, Sen- The issue is not whether to change disappear because a majority agreed ator BIDEN, and Senator Byrd did, and they should. the rules—I support changing the just about every Senate Democrat Let us not kid ourselves. The fact rules—to allow a President to get a did—including Democrats still in the that we changed the rules today just to vote on nominees to executive and Senate today. apply to judges and executive nomina- most judicial positions. But this is not Back then, Senator Kennedy called tions does not mean the same prece- about the ends but the means. Pur- the Republican plan a ‘‘preemptive nu- dent won’t be used tomorrow or next suing the nuclear option in this man- clear strike,’’ and said: year or the year after to provide for ner removes an important check on Neither the Constitution, nor Senate rules, the end of a filibuster on legislation, on majority overreach. As Senator Van- nor Senate precedents, nor American his- bills and amendments that are before denberg said: If a Senate majority de- tory, provide any justification for selectively us. cides to pursue its aims unrestrained nullifying the use of the filibuster. Equally Just as I have implored my Demo- by the rules, we will have sacrificed a important, neither the Constitution nor the cratic colleagues to consider the impli- professed vital principle for the sake of Rules nor the precedents nor history provide cations of a nuclear option which momentary convenience. any permissible means for a bare majority of would establish the precedent that the the Senate to take that radical step without Republicans have filibustered three majority can change the rules at will, eminently qualified nominees to the breaking or ignoring clear provisions of ap- plicable Senate Rules and unquestioned it is just as urgent for my Republican Circuit Court of Appeals for the Dis- precedents. colleagues to end the abuse of rules al- trict of Columbia. They make no pre- lowing extended debate that were in- Here is what then-Senator BIDEN said tense of argument that these nominees tended to be invoked rarely. are unqualified. The mere nomination during that 2005 fight: Some of my Democratic colleagues of qualified judges by this President, The nuclear option abandons America’s may rightfully ask, if a Democratic they say, qualifies as court packing. It sense of fair play. It’s the one thing this majority cannot initially muster a country stands for. Not tilting the playing is the latest attempt by Republicans, field on the side of those who control and supermajority to end filibusters or having lost two Presidential elections, own the field. I say to my friends on the Re- change the rules, then what can the to seek preventing the duly elected publican side, you may own the field right majority do? The rules give us the President from fulfilling his constitu- now but you won’t own it forever. And I pray path, and that is to make the filibus- tional duties. to God when the Democrats take back con- terers filibuster. Let the majority lead- The thin veneer of substance laid trol, we don’t make the same kind of naked er bring nominations before the Sen- over this partisan obstruction is the power grab you are doing. ate, and let the Senate majority force claim that the DC Circuit has too My position today is consistent with the filibusterers to come to the floor to many judges. To be kind, this is a de- the position that I and every Senate filibuster. The current rules of the Sen- batable proposition, one for which Democrat took then—and that is just ate allow the Presiding Officer to put there is ample contrary evidence, and back in 2005—to preserve the rights of the pending question to a vote when no surely one that falls far short of the the Senate minority. I can’t ignore Senator seeks recognition. Let us, as need to provoke a constitutional bat- that. Nor can I ignore the fact that the Senate majority, dedicate a week, tle. Republicans know they cannot suc- Democrats have used the filibuster on or a weekend, or even a night, to force ceed in passing legislation to reduce many occasions to advance or protect the filibusterers to filibuster. the size of the court. So, presented policies we believe in. In 2010, in testimony before the rules with a statutory and constitutional re- When Republicans controlled the committee on this subject, this is what ality they do not like, they have de- White House, the Senate, and the Senator Byrd said: cided to ignore that reality and have House of Representatives from 2003– Does the difficulty reside in the construc- decided they can obstruct the Presi- 2006, it was a Democratic minority in tion of our rules, or does it reside in the ease the Senate that blocked a series of bills of circumventing them? A true filibuster is a dent’s nominees for no substantive rea- fight, not a threat, not a bluff. . . . Now, un- son. that would have severely restricted the believably, just the whisper of opposition Let nobody mistake my meaning. reproductive rights of women. It was a brings the ‘‘world’s greatest deliberative The actions of Senate Republicans in Democratic minority in the Senate body’’ to a grinding halt. these matters have been irresponsible. that beat back efforts to limit Ameri- Then he said: These actions put short-term partisan cans’ right to seek justice in the courts Forceful confrontation to a threat to fili- interest ahead of the good of the Na- when they are harmed by corporate or buster is undoubtedly the antidote to the tion and the future of this Senate as a medical wrongdoing. It was a Demo- malady.

VerDate Mar 15 2010 01:46 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.023 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8423 We have not used that antidote to is called a rules committee. They can Reagan Library. The first winners of the malady which besets this body, al- adopt and modify the rules at any an award for national security were lowing the mere threat of a filibuster time, and they do. This body has not former Secretary of Defense Gates, who to succeed without challenging that done that. We have resisted. We have served two Presidents, and Senator threat, without telling the filibus- been tempted to do it. We have come LEVIN was the other winner. I think it terers: Go ahead, filibuster. We have close to doing it. But we have never is a tribute to his commitment to this rules that protect us. When you pause done it—until today. country. and when there is no one else here, at Do I want to amend the rules? Do I. We have disagreed on a lot of issues 3 o’clock on the fourth day or the fifth I want to amend these rules with all and no one should think he is not a day or the sixth day, the Chair can put my heart. I want to embody a principle strong and effective advocate for val- the question. The American people will that a President, regardless of party, ues around here. But I think all of us then see in a dramatic way the ob- should be able to get a vote on his or should listen to his remarks and his struction which has taken place in this her nominees to executive positions at warning, a very simple warning. That body. the district and circuit courts. I believe warning is that if a majority can But before a Senate majority as- in that. I believe most Senators believe change the rules with a simple major- sumes a power that no Senate majority in that. We need to change the rule. ity vote in order to defeat what here- before us has assumed, to change the But to change it in the way we changed tofore was a right of a minority party rules at the will of the majority, before it today means there are no rules ex- in the Senate, there are no minority we do something that cannot easily be cept as the majority wants them. It is rights left. They simply exist at the undone—and we have now done it—be- a very major shift in the very nature of will of the majority. This is a funda- fore we discard the uniqueness of this this institution, if the majority can do mental matter. It is an important mat- great institution, let us use the current whatever it wants by changing the ter. rules and precedents of the Senate to rules whenever it wants with a method We have had some close calls and a end abuse of the filibuster. Surely we that has not been used before in this lot of intensity, but we have avoided owe that much to this great and unique body to change the very rules of this this kind of action. I think it is fair to institution. body. say without dispute that the signifi- There is a conversation, which was a We should have avoided a nuclear op- cance of this rule change today dwarfs formal conversation between the ma- tion. We should have avoided violating any other appeal of the ruling of the jority and Republican leaders just last our precedents. We should have avoided Chair that we have seen—maybe in the January. Here is what the majority changing and creating a precedent history of the Republic. This is a big leader said: which can be used in the same way on event. It changes what goes on because In addition to the standing order [which is legislation. It may give comfort to we deal with power and the exercise of what we have adopted] I will enforce existing some today: ‘‘But this is only on power. rules to make the Senate operate more effi- judges, this is only on executive ap- This whole thing is simply Majority ciently. After reasonable notice, I will insist pointments.’’ This precedent is equally Leader REID—and he has a difficult job. that any Senator who objects to consent re- available to a majority that wants to I have tried to not make his life more quests or threatens to filibuster come to the change the rules relative to the legisla- difficult than it needs to be. floor and exercise his or her rights himself or tive process. But he is not a dictator. He does not herself. This will apply to all objections to get to dictate how this Senate is oper- unanimous consent requests. Senators Those who have abused these rules, should be required to come to the floor and mainly on the other side of the aisle, ated. He does not have the right to participate in the legislative process, to whether they acknowledge it, are con- come in and change the rules because voice objections, engage in debate or offer tributors to the loss of protections he wants to fill three judgeship slots amendments. which we see today for the Senate mi- that are not needed. There is no way He said: nority. Given a tool of great power, re- one can justify filling these court slots, Finally, we will also announce that when quiring great responsibility, they have based on simple need or by caseload per the majority leader or bill manager has rea- recklessly abused it. But now I am judge. sonably alerted the body of the intention to afraid it will not just be they who will He is unhappy about that. Maybe he do so and the Senate is not in a quorum call pay the price. wants to change the mood of the coun- and there is no order of the Senate to the In the short term, judges will be con- try from ObamaCare and the overreach contrary, the Presiding Officer may ask if firmed who should be confirmed. But that was executed to pass that bill on there is further debate, and if no Senator when the precedent is set, the majority December 24, to ram it through the seeks recognition, the Presiding Officer may of this body can change the rules at Senate on a straight party-line vote. I put the question to a vote. will, which is what the majority did suspect that is part of it. But this is He, our majority leader, said: today. If it can be changed on judges or not the way to do business. This is consistent with the precedent of on other nominees, this precedent is The only reason those judges were the Senate and with Riddick’s Senate Proce- going to be used, I fear, to change the blocked, the only reason they did not dure. rules in consideration of legislation. get a confirmation, was because we did What this showed again is that if we Down the road—we don’t know how far not need them. This country is going in the majority have the willpower, as down the road, we never know that in broke. There are districts in America much willpower as has been shown by a democracy—but down the road the that need judges. The DC Circuit does some obstructionists in this body—if hard-won protections and benefits for not need more judges. It does not need we have an equal amount of will as our people’s health and welfare will be the eight they have. Yes, they have 3 they have shown, that the current lost. vacancies, but with the current 8 rules, before this change today, can be I yield the floor. judges, their average caseload per used to force filibusterers to filibuster, The PRESIDING OFFICER. The Sen- judge was 149, and they have been con- to come to the floor and to talk, all we ator from Alabama. tinuing to drop. My circuit, the Elev- need is the willingness to use the rules, Mr. SESSIONS. Madam President, enth Circuit, the Chair would be inter- to take the weekend off, to take a week throughout our Senate history we have ested to know, has an average caseload that we hoped for a recess, and use it to had Senators such as Senator LEVIN. per judge of 740. The next lowest case- come back here; to take the recess Before he does depart, I thank him for load per circuit is twice 149. The aver- itself, if necessary during the summer, his principled approach to this complex age is well above that per circuit. The for 1 month if necessary, to try to pre- issue. judges themselves say they do not need serve what is so essential to this body, Just to share with all of our col- anymore judges. They take the whole its uniqueness, which is that the ma- leagues, he is completing his service in summer off. jority cannot change the rules when- the Senate this year. He is not running These judges would not have been re- ever it wants. for reelection. He certainly would have jected if we had needed them. But the The House of Representatives can been reelected. This weekend I was at a President is so determined to try to change the rules whenever it wants. It national security conference at the leave a legacy of friends on that court

VerDate Mar 15 2010 01:46 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.029 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8424 CONGRESSIONAL RECORD — SENATE November 21, 2013 that he just shoved them anyway and barrow. You put one in and two jump the Senate is protecting his members demanded the Senate pass them, and out. It is not easy to move the Senate. from tough votes. He does not want Senator REID demanded that we con- I understand that. Changing the rules, them to have to cast votes on critical firm these judges. The judges say they as Senator LEVIN said, by a simple ma- issues in this country. He is not con- do not need anymore judges on that jority vote and significantly altering cerned about time or delay. There is court. They do not need them, whether the tradition of the Senate is dan- plenty of time. they say they need them or not. I know gerous. We could have already cast 15 votes how to look at the caseload. I am on Senator REID said we have been wast- on this bill, and everybody would be the Judiciary Committee. I am on the ing time on the procedural hurdles satisfied. That is the way it was when courts subcommittee. I have chaired it thrown up in the Senate. He also said Senator MCCONNELL was here. That is and been ranking member of it for Congress is broken and the American the way it has been. That is the way it years. I know how to analyze weighted people think that Congress is broken. had been when I came here. We had 60- caseloads. There is no justification for They thought it was broken when they something votes on a bankruptcy bill. adding or filling a single slot on that used legerdemain on December 24 be- It went on for 3 weeks. court and we should not be doing it. fore Scott Brown from Massachusetts This is causing tension and frustra- I am also ranking Republican on the could take office so they could pass a tion. One of our new Members in the budget committee, and I know we can- health care bill that the American peo- Senate when we were debating this not keep throwing away money for no ple overwhelmingly opposed. very question some months ago said: good reason. The last thing we should Maybe the reason the American peo- They tell us we have to get Senator do is ask the American people to fund ple are frustrated with the Congress is MCCONNELL’s decision before they will $1 million-a-year judges. That is what that they passed a bill that the Amer- let us introduce an amendment. I said: each judge and the staff are estimated ican people opposed without a single Wait a minute. Do you not understand to cost—and there are three of them. It Republican vote in the House or the that you are a duly elected Senator is akin to every year burning $1 million Senate. Maybe that is why the Amer- from the United States of America and on The Mall. We do not have $1 million ican people are not happy with us. you have to ask permission of the Re- to throw away. But we do have judges, I will explain, colleagues, what is publican leader before you can get a we do have circuits, we do have district causing the greatest frustration in the vote on an amendment? How did this courts around the country that are Senate. It is a trend that began some happen? This is a background issue that is un- overloaded and we are going to add years ago—not long after I came to the dermining collegiality in this body. I some judges to them. We ought to close Senate 17 years ago—and it has accel- am tired of asking the majority leader these judge slots and move them to a erated. It has reached a pace with Ma- for permission to give me a vote in the place they are needed, as any common- jority Leader REID we have never, ever Senate. It is not right. seen before, and it undermines the very sense person would do. Mr. ROBERTS. Would the Senator So it was not any animosity to any of integrity and tradition of the Senate. yield? the nominations and their character or It has to stop. We have to recover the Mr. SESSIONS. Yes, I will yield for a decency that led to this rejection. It tradition of this body. We owe it to question. was because we warned against it. those who will be filling these seats in Mr. ROBERTS. I am assuming that Senator GRASSLEY and I serve on the the years to come. his situation is very similar to the sit- judiciary committee. He previously This is the problem: A maneuver uation that I find myself in. About a chaired the court subcommittee, and called filling the tree was discovered. year ago we brought the farm bill to Senator GRASSLEY blocked President It is a parliamentary maneuver where the floor. I was the ranking member of Bush in filling one of those slots. Oh, the majority leader, who gets recogni- the committee. We voted 73 times. We they wanted to fill the slot. They tion first in the Senate, seeks recogni- had over 300 amendments offered. The thought they might leave a legacy tion and then he fills the tree. That amendments came forth, and the first judge who would be influential to parliamentary maneuver basically amendment had nothing to do with ag- them. That is what they suggested, but blocks anyone else from getting an riculture. Basically, we were able to we refused. We were actually able to amendment. A Senator cannot intro- get through it in 21⁄2 days. transfer one of those slots to the Ninth duce his or her amendment. So how do Fast-forward to this year’s farm bill. Circuit. That is how good business we have an amendment? You have to I think there were 10 votes. Senator should be done around here. We are at go hat in hand to Senator REID and THUNE has been on the committee for a a point where we don’t need to fill that say: Senator REID, I would like an long time. We respect his voice, and we slot, and it should in no way cause the amendment. respect his amendments. He had about majority leader to feel as if his power Well, I don’t think so. four amendments. Senator GRASSLEY was threatened or that his majority I don’t like that amendment. has been on the committee a lot was threatened. We are changing the But I like it. I want to vote on it. longer. He always has amendments on rules of the Senate so he can get three Sorry. We don’t want to vote on it. the farm bill. Senator JOHANNS is a judges confirmed that we do not need. That is the way it has been going former Secretary of Agriculture. He is I will be prepared to debate that issue every year. The Defense bill commonly an excellent Senator for Nebraska and anywhere, anytime on the merits. Not had 30 or more amendments of sub- a real voice for Agriculture. He had one of those slots should be filled. stance when it hit the floor—$500 bil- several amendments. I had two or three They have the lowest caseload per lion. It was the biggest appropriation amendments that I would have liked to judge in America. Their cases are not bill we had—$500 billion. Senator have had considered. so complex that it would slow down COBURN has an amendment directly re- The reason I mention them is be- their work and demand more judges. lated to the Department of Defense cause we all agreed to hold off in com- That has been analyzed, and it is not that would save some money. mittee as long as we could bring them true. Senator REID will not give him a vote to the floor. We wanted to expedite it Senator REID asked for this job. That on that. because the big issue was time. They is what my wife says to me when I People say: Why don’t you do some- said: Well, we don’t have time for a complain. She says: Don’t blame me; thing, SESSIONS? Why don’t you get an farm bill. Usually a farm bill takes 1 to you asked for the job. He asked to be amendment passed? I cannot bring an 2 weeks. That is just not the case any- the majority leader of the Senate, and amendment to the floor unless he more. Last year we got through it in it is not easy. There are a lot of Mem- agrees. He says it is because of delay. 21⁄2 days. bers and a lot of different ideas about He says it is because it creates time This year we expected to have votes, what ought to be done. difficulties. We have been on this bill but none of us got amendments. After Trent Lott called it herding cats. I for a week, and we have only had two 10 votes, bingo, it was cut off. The ma- suppose that is a pretty good descrip- votes. We have gone for days with no jority leader controlled the effort. This tion of it. One time he said it is like votes. It is not about time. Let me tell is like the Rules Committee in the putting a bunch of frogs in a wheel- you what it is: The majority leader of House.

VerDate Mar 15 2010 01:46 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.030 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8425 When I was in the House, we had a forward to hearing his comments at home field. We will just add a few in- Roberts-Stenholm amendment. this time on where we are and what is nings or whatever it takes so we can Mr. SESSIONS. An amendment can’t going to happen to us. win the game. That is what the Demo- come up for a vote in the House unless I thank the Senator and yield the cratic majority did today. They say: it is approved by the Rules Committee. floor. The rules don’t allow us to do what we Mr. ROBERTS. That is correct. The PRESIDING OFFICER (Ms. want to do, so we will just change the Mr. SESSIONS. That is the difference HEITKAMP). The Senator from Ten- rules to do whatever it takes to get the between the House and the Senate. nessee. result we want. Mr. ROBERTS. Madam President, if I Mr. ALEXANDER. Madam President, That is what they did with could respond to the distinguished Sen- I thank the Senator from Alabama for ObamaCare. We remember that. I was ator. We had a Roberts-Stenholm his thoughtfulness and leadership. standing right here at the desk. It was amendment at that point while the Re- As Senator Byrd used to say: The snowing. It was the middle of the win- publicans were in the minority. Charlie purpose of the Senate is to have a place ter. Senators were coming in, in the Stenholm was a Democrat. As we went where there can be an opportunity for middle of the night, and what hap- in he whispered: You might want to unlimited discussion, unlimited de- pened? Among the things the American make this the Stenholm-Roberts bates and unlimited amendments. That people like the least about ObamaCare amendment. I figured that out pretty is why we are here. is that it was crammed down the fast, and we got our amendment made Senator Byrd used to say so elo- throat of the American people by the in order. quently that the Senate was a unique raw exercise of partisan political power As a younger member of the House at body because it provided the necessary with not one single Republican vote. that particular time, I thought the fence against the abuses of the execu- That is not the way the civil rights bill Rules Committee was based on the tive. That is what Senator Byrd said in was passed. That is not the way Social merits of whether it was germane or his last speech to the Senate when he Security and other great bills were pertinent, et cetera. It wasn’t. It was spoke before the rules committee. He passed. They were passed by a bipar- just a complete rehash of what went on said the Senate is the necessary fence tisan majority so we could gain the with the authorizing committee. against abuses of the executive—re- support of the American people. One of the reasons I decided to come membering how this country was Our Democratic majority must have to the Senate was that you can offer an founded in opposition to the king and liked that ObamaCare night. The amendment at any time on any sub- the popular excesses. That was what American people aren’t liking it so ject, unless it was something involving the Senate was supposed to be. I am much because apparently nobody read national security or whatever. I under- afraid that ended today. the bill very closely. There are mil- stand that. What we have now is a one- This action by the Democratic ma- lions of Americans who have had their man rules committee. I deeply resent jority is the most important and most policies canceled. There are going to be that. dangerous restructuring of the rules of millions more when employers start I feel sorry for the Senate, and I feel the Senate since Thomas Jefferson looking at the cost of ObamaCare. sorry for the Members who come here wrote the rules at the founding of our This is ObamaCare 2; I say to my col- and are not able to have their amend- country. It creates the perpetual op- leagues. This is another exercise of raw ments considered. portunity—as Alexis de Tocqueville de- partisan political power for the Demo- One of the first things I did as the scribed—that is most dangerous for our cratic majority to get the result it ranking member of the Senate agri- country. He said that when he came to wants. There is only one cure for it, culture committee last year was to our country to visit in the 1830s. The and that is an election. An election is promise that amendments could be young Frenchman said: I see two great coming up in about a year. The Amer- brought to the floor. A lot of people on dangers for this new American democ- ican people can speak. In the mean- our side never had the opportunity to racy. One was Russia and the other was time, this has been the most dan- offer an amendment before. I said: You the tyranny of the majority. gerous, most important restructuring will have that opportunity if I can get The action that was taken today cre- of the Senate since Thomas Jefferson this thing done. And we did. We opened ates a perpetual opportunity for the wrote the rules. it and it was one of the few bills that tyranny of the majority because it per- It is, according to the Senator from went under regular order, and we got mits a majority in this body to do Nevada, who is the majority leader—it things done. whatever it wants to do anytime it is, according to his book in 2008, the There is only one House. There is the wants to do it. This should be called end of the Senate. That is what he said House and there is the Senate—just ObamaCare 2 because it is another ex- this would be, and now he has done it. like the House—and that is a shame. ample of the use of raw partisan polit- He has written the end of the Senate I thank the distinguished Senator for ical power for the majority to do what- by his actions today. his comments. ever it wants to do any time it wants The Senator from Michigan, Mr. Mr. SESSIONS. I thank the Senator to do it. LEVIN, said to all of us when we were so very much. His insight is correct. I In this case what it wants to do is discussing this earlier this year—he re- will wrap up and say that what hap- implement the President’s radical reg- minded us of the great Senator from pened today is very significant, and it ulatory agenda through the District of Michigan, Arthur Vandenberg, who was is a sad day. It represents the greatest Columbia court. That’s what this is. It the author of the idea of a bipartisan alteration of the rules without proper is not about an abuse of the filibuster. foreign policy. Senator Vandenberg procedure that we have probably seen There is a big football weekend com- said shortly after World War II that a in the history of the Republic. ing up in Tennessee. Vanderbilt Uni- U.S. Senate in which a majority can It erodes legitimate minority rights versity plays the University of Ten- change the rules anytime the majority in a way that subjects every right a nessee in Knoxville. wants is a U.S. Senate without any minority party has in the Senate and Let’s imagine this: The Vanderbilt- rules. Let me say that again. A U.S. the right any individual Senator has in Tennessee game, which is being played Senate in which the majority can the Senate. It places that right at in Knoxville, home of the University of change the rules anytime the majority great risk. A majority can do that at Tennessee, and Vanderbilt gets on the wants is a U.S. Senate without any any time. That was explained so elo- 1-yard line. The University of Ten- rules. quently by Senator ROBERTS a few mo- nessee says: Well, we are the home So this is not about the filibuster. ments ago. I was so impressed with his team, so we will just add 20 yards to This is another raw partisan political analysis. the field or whatever it takes for us to power grab so the Democratic majority We will wrestle through this and win the game. Or the Boston Red Sox can do whatever it wants to do when- work at it. I know that Senator ALEX- are playing at home. Let’s say they are ever it wants to do it. It is ObamaCare ANDER has worked hard in every way behind the Cardinals this year. They II, and the American people will see it possible to avoid this day. He has ex- get to the ninth inning and they are that way when they can take time pressed great interest in it, and I look behind and they say: Well, it is our away from the Web sites trying to fill

VerDate Mar 15 2010 03:05 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.032 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8426 CONGRESSIONAL RECORD — SENATE November 21, 2013 out their new insurance policies to be Maybe it was some other nomination but it has on it all of the names of ev- able to pay enough attention to it. that caused such a problem that would eryone who could possibly be con- What is the excuse for this extraor- justify this dangerous restructuring of firmed. dinarily disturbing action today? They the Senate rules. The way Senate procedure works is a are the flimsiest of excuses, and I will Let’s go to the sub-Cabinet category. nominee comes out of a committee to take a few minutes to outline what These are all the executive appoint- the Executive Calendar. Let me state those are. ments below the Cabinet level. How the obvious: All of the committees are The first allegation is that the Re- many of those have been denied? Under controlled by the Democrats. So if we publican minority was using the fili- President Clinton, the Senate rejected want to report someone for the Na- buster to keep President Obama’s ap- two nominees of his by a cloture vote. tional Labor Relations Board, it has to pointees from gaining their seats. Well, Under George W. Bush, it was three. be approved by a majority of senators let’s look at the history from the Con- Under President Obama, it has been on the committee on which I serve. gressional Research Service. How many two. So in the history of the Senate, Democrats have a majority of the seats Supreme Court nominees have ever not the cloture vote has been used to deny on the Committee; so a nominee gets been seated because of a failed cloture seven Presidential nominees their seat, on this calendar by a majority of vote? That is a filibuster. The answer including two for President Obama. Democratic votes. is zero in the history of the Senate— Let’s go to the one area where there So how long have the people on the not just President Obama but the his- has been a little bit more; that is, the calendar been waiting? Well, 54 of them have been waiting only 3 weeks; in tory of the Senate. Someone might circuit judges. Remember, on the Su- other words, they just got there. Most point to the Abe Fortas case when preme Court, never; district judges, of them aren’t controversial. Usually President Johnson—I guess it was in never; Cabinet member, never; but cir- they are approved on a day such as this the late 1960s—engineered a 45-to-43 cuit judges, yes. There have been 10 in- when we are wrapping up before we go cloture vote so, in Johnson’s words, stances where Presidential nominees home for a week or two, so half of them Abe Fortas could hold his head up, but, for the Federal circuit courts of ap- would probably be gone today. There in fact, the filibuster has never been peals have been denied their seats be- are 16 who have been on the calendar cause of a failed cloture vote—that is a used to deny a Supreme Court Justice for up to 9 weeks. That is a very short filibuster—five Democrats, five Repub- his or her seat. How many Cabinet period of time in the U.S. Senate for licans. Members of President Obama have people to have a chance to do their been denied their seat by a filibuster? How did this happen? If in all of these other areas it never happens, why did other business and get to know the Zero. This is the Congressional Re- nominees. There are eight who have it happen here? Because, as the Repub- search Service. been on the calendar more than 9 lican leader explained this morning, The majority leader said: Well, what weeks. Of the eight, two are being held Democrats got together in 2003—the about Secretary Hagel, the distin- up by Democrats, and two more are guished Defense Secretary? He had to year I came to the Senate—and said, Congressman WATT and Ms. Millett. for the first time in the history of the wait 34 days to be confirmed. Why That leaves four, and one of those is a U.S. Senate, we are going to use the fil- shouldn’t he wait 34 days to be con- newscaster who has been nominated to ibuster to deny President George W. firmed? He was confirmed shortly after be a member of the board of the Morris Bush 10 nominations to the circuit his name was reported. We had a per- K. Udall Foundation and who is being court because they are too conserv- fectly adequate Secretary of Defense moved along with other people to that sitting in the office at the time—Sec- ative, not because they are not quali- foundation board. retary Panetta. I remember the Sen- fied. One was Miguel Estrada, one of In other words, it is not true that ator from Nevada standing over there the most highly qualified nominees there are people being held up for a and asking: What if we are attacked ever presented. One was Judge Pick- long period of time because the only and Secretary Hagel is not there? Well, ering. One was Judge Pryor, who used way a nominee can be confirmed in the Secretary Panetta was there. to be a law clerk to Judge Wisdom, as U.S. Senate is if the majority takes The number is zero. I once was. I know the high respect someone from this Executive Calendar, Mr. INHOFE. Madam President, will Judge Wisdom had for him. The end re- moves their nomination—it doesn’t the Senator yield? sult was that we had this Gang of 14, have to go through any sort of other Mr. ALEXANDER. Of course. and the Democrats ended up only stop- motion; he can do it on his own—and The PRESIDING OFFICER. The Sen- ping five of President Bush’s judges, then we move to consider that person. ator from Oklahoma. but that was the first time in the his- Well, one might say: But someone Mr. INHOFE. I ask unanimous con- tory of the Senate. To date, including can hold each up one of those. Yes, we sent that after the Senator concludes the judges we are discussing now, the can, under the cloture procedure. But his remarks, we hear from the Senator three on the DC Circuit Court, the let’s take an example. Let’s say Sen- from Arkansas Mr. PRYOR, and that I total is five. So that is it. ator REID, the distinguished majority be recognized after Senator PRYOR for How can anyone say President leader, were to come, under the old such time as I may consume. Obama has not been treated fairly rules, to the floor and say: I believe Re- The PRESIDING OFFICER. Is there when, in fact, the answer is zero on the publicans are holding up 10 of our objection? Supreme Court, zero on district judges, lower-level nominees in an obstruc- Mr. ALEXANDER. Certainly. And if zero on Cabinet and two on sub-Cabi- tionist way. So let’s say he arrives on the Senator from Oklahoma needs to net, and the same on circuit courts Monday and he files cloture. He moves speak now, I will be glad to yield. that President Bush had? to confirm all 10 of those. He takes Mr. INHOFE. That is not necessary. I asked the Senate Historian if Presi- them off this calendar, he moves them The PRESIDING OFFICER. Without dent Obama’s second term Cabinet to be confirmed, and he files cloture on objection, it is so ordered. nominees had been moved through the each of the 10 on Monday. Tuesday is Mr. ALEXANDER. Madam President, Senate more swiftly or slower than what we call an intervening day. He my point is that the charge is that Re- those of his two predecessors, Bush and can get the rest of them confirmed, by publicans had been denying President Clinton. The Senate Historian told me bankers’ hours, by Friday if he wants Obama his nominations by filibuster. it was about the same. So on that ques- to because after he has that inter- Not on the Supreme Court, not to his tion, that is a fake crisis. vening day, there could only be, be- Cabinet, and no district judges, I say to The second allegation is that it takes cause we changed the rules earlier this my colleagues. too long for President Obama’s nomi- year, 8 hours of debate, and his side can How many in the history of the coun- nees to come through the Senate. Well, yield back their 4 hours, and then we try have ever been denied their seats we have something on our desks called go to the next one and then the next by a failed cloture vote, including the Executive Calendar. Every Senator one. So we have 40 or 45 hours, and we President Obama? The answer is zero. has this. There are 44 Senators in their have them all. That is very interesting. So what is first term, and maybe some haven’t The majority leader, if he wished to, the reason for this? Well, let’s go on. had a chance to read it very carefully, could confirm all of these people very

VerDate Mar 15 2010 03:05 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.033 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8427 easily unless 41 Republicans said no. The American people—millions of House, you do not see law being made But what we have already seen is that them—are filling out their insurance there. They come out of their Rules almost never happens. In the history of forms. They are trying to make the Committee and it is all pretty much the country, it has happened twice to Web site work. They are terrified by set up, and right now at least they kind President Obama on his sub-Cabinet the fact that they may not have insur- of tend to vote party line, party line, members, never on a Cabinet member; ance by January 1. That is totally the party line—done. You do not see law and never on district judges. result of a partisan political power being made at the White House. When So the majority leader had plenty of grab in the middle of the night 3 years they are doing things such as executive opportunity to have everybody con- ago that put ObamaCare into place. orders, all you know is you kind of get firmed if he wanted to. This is why This is another example of that. The the press release or you see an an- Senator Byrd, who was majority leader only cure for that is a referendum next nouncement in the Rose Garden, and and minority leader, in his last speech November. that is it. You do not see law even to the Senate said: There is no need to I deeply regret the action the Demo- being made in the courts. A lot of law change the rules—and I am para- cratic majority took today. It is the in this country is made by the courts. phrasing. I was at the Rules Committee most dangerous and the most con- For example, across the street at the hearing when he spoke. He said: A ma- sequential change in the rules of the U.S. Supreme Court, what you have is jority leader can use the rules that we Senate since Thomas Jefferson wrote they hear the arguments, and they all have—that is, until today—to do what- those rules at the founding of our coun- go back in chambers. You do not really ever he wants to get done. try. know what they talk about, you do not Then there is the last charge about Madam President, I would refer my really know how that is working, and the District of Columbia Circuit. That colleagues to the letter I had included then they come out with their deci- was the other pretext for this. Some- in the RECORD yesterday, the letter sion—and in some cases decisions be- how Republicans were doing something from the Senate Democrats in 2006 ar- cause a lot of times there is a dissent. wrong by saying it is too soon to cut guing that the DC Circuit should have But the Senate is unique in that way. off debate on the President’s three no more judges until we consider the We are the only place in our govern- nominees for the District of Columbia proper number and also a 1-page list of ment where you can actually see the Circuit. the total number of sub-Cabinet mem- law being made. It is also, in that same Republicans were doing—to the let- bers who have ever been denied their sense, the only place where the minor- ter—exactly what Democrats did in seat by a failed cloture vote—and that ity is guaranteed a voice. They some- 2006 and 2007. They were saying that number is seventeen in the history of times get outvoted, but they are guar- court is underworked, that other the Senate; two under Clinton, three anteed at least to be heard. I think courts are overworked, and we ought to under Bush, and two under President that is important. move judges from where they are need- Obama—plus five Bush judges and five So again, I share the disappointment ed least to where they are needed most Obama judges. of many of my colleagues today in how before we put anymore judges on the Mr. ALEXANDER. I yield the floor. this happened. court. The PRESIDING OFFICER. The Sen- The Senate rules I have worked with This is the letter sent on July 27, ator from Arkansas. for 11 years now. They can be arcane 2006, by all the Democrats on the Sen- Mr. PRYOR. Madam President, I and frustrating. But the way it is de- ate Judiciary Committee, including want to echo at least some of the senti- signed is it allows people to fight for Senators LEAHY, SCHUMER, Feingold, ment that my distinguished colleague their State’s interests or their ideolog- Kohl, BIDEN, FEINSTEIN, Ted Kennedy. from Tennessee just mentioned—that I ical beliefs, whatever it happens to be, They said ‘‘under no circumstances’’ am disappointed in the use of the nu- and the sense is everybody is fighting should President Bush’s Republican clear option. I opposed that. I think it for what is best for the country. We nominee be considered, much less con- could do permanent damage to this in- may disagree with what is best, and firmed, by this committee before we stitution and could have some very that is why we should have votes even- address the very need for the judges on negative ramifications for our country tually on these matters. But it allows the committee. and for the American people. people to fight for what they think is All we in the Republican Party were I do not want to be an alarmist about right, best for their State, best for the saying is—Senator GRASSLEY has had it, but I do have concerns. I am very country, best for the world—whatever his bill in since 2003; the Democrats disappointed that it got to this point, the issue happens to be. said in 2006 we should not put anymore and I want to talk about that in a mo- Since I have been here, what I have judges on the court until we look at ment. But before I do, I would like to tried to do consistently is to fight to where the judges are needed—we are say, if you step back, the Senate was maintain the integrity of this institu- saying: Consider Senator GRASSLEY’s designed to be a place for debate. It is tion. Since I have been here, there have bill before you confirm the judges. where Members—the way it was de- been numerous times—and I have been So that is the excuse—the flimsiest signed, the way the rules were struc- part of bipartisan groups. Probably the of excuses. The idea that President tured, the size of it, the history of it— most high profile one was the Gang of Obama is not being treated at least as the Members can reach across the aisle 14 back in 2005, where we worked out well as previous Presidents with his and find solutions. some judicial nominations. But none- nominees is just not true. The fili- That is what this country needs right theless I was a part of that; just re- buster has not been used to deny him now. We need solutions. We need people cently, the Levin-McCain group that nominees, except in two cases for sub- who are willing to work together to get helped to change the rules, as the Sen- Cabinet members; and in the case of things done. Part of that is to allow ator from Tennessee talked about. circuit judges, no more than with the minority to speak, even if it is a What that is all about is working President Bush. minority of one. We need to protect with Senators from both sides of the The majority leader has not used the that right, and we need to protect aisle to reach commonsense solutions— rules he had before him to easily con- every Senator’s right to debate and to not just to protect the rights of the mi- firm the people on the Executive Cal- amend legislation. I think no one here nority but also to improve the legisla- endar. Those on the Executive Cal- with a straight face would say there tive process, to make sure this place endar for the most part have only been have not been abuses from time to works as it is designed. So certainly there for a few weeks. So why then did time. We know that. There have been, that is what I try to do every single the majority feel the need to take this and I have seen a lot since I have been day when I come here. I do understand extraordinary action? here. that if you are going to get anything That takes us back to where we But also, if you step back and look at done in Washington, anything done in started. This is, very simply, another the Senate, it is the only place in our this Senate, you are going to have to partisan political power grab to permit government where the American people work together to do it. It is like in the the majority to do whatever it wants can actually see law being made. With Book of Isaiah. It says: ‘‘Come now, let to any time it wants to do it. all due respect to our colleagues in the us reason together.’’ I think that is the

VerDate Mar 15 2010 03:05 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.034 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8428 CONGRESSIONAL RECORD — SENATE November 21, 2013 one verse in the whole Bible that sort I am not trying to do the blame NATIONAL DEFENSE of sums up the Senate: Come and let us game, but I know that Chairwoman MI- AUTHORIZATION ACT reason together. The Senate should al- KULSKI is fighting very hard to put an Mr. INHOFE. Madam President, it is ways be the place for that. end to that. We need to get back to our my understanding we may have a vote Let me make two last points on this No. 1 priority. That should be growing this afternoon. I have often said the nuclear option. The first is that I our economy and creating jobs. There most important bill we pass every would encourage the American citizens are lots of ways we can do that, but one year—and we have passed every year to be very careful in looking at statis- is through the appropriations process, for the last 52 years—is the National tics. They are difficult to use. They can by investing in infrastructure. We can Defense Authorization Act. be very misleading because almost al- make responsible, targeted invest- I would like to say this about the ways these statistics lack context. I ments in our future with the right kind process we have gone through. I do not hear the talking heads. I hear folks on of spending on infrastructure, whether recall ever having worked with a chair- talk radio. I have even seen a few peo- it is roadways or airports or schools or man when I have been in the minority ple right here in this Chamber use who has been so easy to work with as these extensively, and very often there centers for innovation—whatever it EVIN has been on this De- is no context. Sometimes, for exam- happens to be. There are lots of smart Chairman L ple—if you just look at cloture mo- ways to do that. fense bill. It is one we all understand we have to do. It has to be a reality. A tions—you can actually have a fili- The history of this country shows it lot of what we do around here we can buster without filing a cloture motion, is a winning strategy when we work to- wait a month and do it. But on this we and you can have a cloture motion gether and make the right kind of in- cannot, because right now we have men without there actually being a fili- vestments in our future. Arkansas is a buster. So, again, that will skew the and women in the field. We have their good example. We have a number of paychecks. We have things that have numbers. items we could talk about today where The bottom line is, there is plenty of to happen to keep this going as it has Federal spending has made a real dif- in the last few years. blame to go around—plenty of blame. If ference in our State. One of those is one person says it is all the other side’s Maintenance and modernization are called the Bayou Meto water project. It fault, they are not being truthful. right now. If we were not able to pass started back in 1923. It has been the There is plenty of blame to go around. this now, our research and develop- On this both parties are at fault. I will subject of a lot of fights, and I have ment would no longer be able to be give you one example. It was not too some scars to show that I have been there in time to take care of the imme- long ago that I heard people come down part of some of those fights. But they diate needs we have. here and say the DC Circuit’s workload are making great progress there. Not I am very upset about what has hap- was such that they needed more judges. only is it good for thousands and thou- pened to our defense system. Under Well, guess what. Now I have heard sands of farmers, but it is also great for this administration, we have lost $487 those very same people say that the DC drinking water and for flood control, billion in Defense—coming out of the workload is so light they do not need and there are 55,000 acres of fish and hide of Defense. In addition, we are any more judges. The shoe is on the wildlife habitat that are being pro- now looking at the sequester. I will other foot. Democrats back in the day tected through this project. So it is a only say this, perhaps for the last time: said the DC Circuit had a light work- win-win for everybody. Why should our defense system, which load and did not need any more judges. Arkansas airports would be another is only accountable for 18 percent of Now Democrats are saying it does need example. You may not think of Arkan- the budget, be responsible for 50 per- more judges. sas as an aviation State or an aviation cent of the cuts? It is because this ad- We need to stop the games and get powerhouse, but we have 29,000 jobs ministration is determined that is back to work. I think there is one way that are tied to commercial and gen- what is going to happen to the mili- to fix this, and that is by following the eral aviation. It is $2.5 billion in our tary. Golden Rule. I think if we take those So now we have people such as Gen- economy. Again, that investment in in- words of Jesus literally and apply eral Odierno, Commanding General of frastructure is what makes that pos- those to what we do here in the Sen- the U.S. Army, who said: sible. ate—‘‘Do unto others as you would . . . lowest readiness levels I have seen have them do unto you’’—and really We also have the National Center for within our Army since I have been serving mean that and really apply that—to do Toxicological Research down near Pine for the last 37 years. Only two brigades are unto others as you would have them do Bluff, AR—cutting-edge research, lots ready for combat. unto you—I think all these problems of effort on nanotechnology. Admiral Greenert, the CNO of the would go away. We have a great technology park in Navy: It is about respecting one another. It Fayetteville. They are trying to build . . . because of the fiscal limitations and is about working with one another. It one in Little Rock. All of these—and the situation we are in, we do not have an- is about respecting elections in other other strike group trained and ready to re- States, and national elections. Do unto the focus on STEM, et cetera—all of spond on short notice in case of contingency. others as you would have them do unto these help create jobs and grow our We are tapped out. you and all this would go away. Also, a economy. Admiral Winnefeld is the No. 2 guy in little dose of forgive one another would Congress needs to focus on that. I am the military system. He is the Vice also help. not saying it is going to be easy, but Chairman of the Joint Chiefs of Staff. APPROPRIATIONS we need to work together. We need to He said: Madam President, let me also spend a pass a budget. We need to move our ap- There could be, for the first time in my ca- couple minutes here thanking Chair- propriations bills through the process. reer, instances where we may be asked to re- woman MIKULSKI. She has a tough job And we just need to, bottom line, get spond to a crisis and we have to say we can- as chairwoman of the Appropriations back on track. The way to move our not. Committee, and she is an example of economy forward is by really putting I have given a lot of talks on the someone who is determined to work to- the interests of our country first and floor about how serious things are gether to get work done, trying to get not these partisan and sometimes right now. the appropriations process back on petty disputes, ideological disputes. We Put the readiness chart up there. track. No doubt it has been sidetracked need to think about what is best long I would only comment to this. A lot this year and in recent years. This year term for the country. Again, I think of people think there is an easier an- we have seen what I would term an ir- the appropriations process is the way swer for this, and that we can, through responsible feud, especially down on to do that. efficiencies in the Pentagon, take care the House side, blowing up the farm of these problems. A lot of work needs bill, pushing for shutting down the gov- With that, I yield the floor. to be done. My junior Senator cer- ernment, trying to get us in a bad The PRESIDING OFFICER. The Sen- tainly is going to be concentrating on place on the debt ceiling. ator from Oklahoma. that, on the efficiencies. However, if all

VerDate Mar 15 2010 03:05 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.036 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8429 of the efficiencies were granted, that is it has taken for consideration. It is al- lican leaders of this Committee, be- only the blue line on this chart. This ways more than what we have for the cause I think they can probably work chart talks about sequestration, if rest of this week. I only say that, be- it out. nothing changes, what is going to hap- cause in spite of that, we still have a There has been a lot of discussion pen to our military. We have that. way of doing it. about the major rules change that oc- The next one up there, the next larg- For those who might think that the curred here today. In my capacity as er, is force structure. We are talking recorded votes we are requesting—it is President pro tempore, I was presiding about how many brigades, how many not going to be that many votes. We during that time and did not get a boots on the ground, how many ships, are asking for 25 on the Republican chance to speak. I want to say a few what it is going to look like. side. Democrats have 25. That is 50. But things. The next one up there is moderniza- if you look at years past—for example, In the four decades I have served tion. Modernization is a very small last year we had total amendments of- here, I have been here with both Demo- line. Here is the big one over here. fered of 106, but only 34 were voice cratic majorities and Republican ma- That is our ability to fight a war. That voted, only 8 required a recorded vote. jorities, through both Republican and is our readiness. I can go back to all of the rest of the Democratic administrations. We have If you look down here at the bottom years that are on this chart. But the had moments of crisis when I worried at fiscal years 2014 and 2015, you can bottom line is this: What I am asking that our political differences out- see all of that is going to be gutted in for today is 25 for the Republicans, 25 weighed the Senate’s common responsi- the first 2 years if we do not make a for the Democrats. Of those, not more bility. Yet we were always able to steer change in it. I tried to do that. I have than 15 to 20 would require votes. We our way out of trouble. Majorities of an amendment. I still have an amend- could do that in 1 day. So it can be both parties have come and gone, but I ment that is out there that could cor- done. We could finish this and still give have never lost faith in our ability to rect that situation. I think it is impor- Republicans the opportunity to have see ourselves through the divisions and tant for people to understand that the their votes. come together to do what is best for readiness is going to be hurt more. What I have here is a list of the 25 the Nation. amendments we are asking for. Again, This is after $487 billion has been cut I have always believed in the Sen- I am not even for all 25 of them, but from our defense system. ate’s unique protection of the minority they should all be considered one way General Amos, the Commandant of party, even when Democrats held a ma- or another. This probably would end up the Marine Corps, who testified under jority in the Senate. When the minor- requiring maybe at the most 10 votes. oath, said: ity has stood in the way of progress, I So I am offering these amendments and We will have fewer forces arriving, less- have defended their rights and held to telling the majority—by the way, I trained, arriving late in the fight. This my belief that the best traditions of have already talked about what a great would delay the buildup of combat power, the Senate would win out, that the 100 allow the enemy more time to build its de- relationship I have had during this con- of us who stand in the shoes of over 310 fenses, and would likely prolong combat op- sideration as the ranking member of million Americans would do the right erations. Altogether, this is a formula for Armed Services with the chairman American casualties. thing. That is why I have always CARL LEVIN. So I am offering to CARL looked skeptically at efforts to change It gets back to that orange line up LEVIN and to the Democrats, the ma- the Senate rules. there. The orange line is when you do jority in the Senate and the majority that, you have to accept a greater risk. on the committee, these 25 amend- But in the past 5 years it has been That means American lives. I have al- ments. All we are asking for is for discouraging. Ever since President ready given that speech. those 25 to be considered. We can do Obama was elected, Senate Repub- Right now we are getting close to the this bill right, the way we have done it licans have changed the tradition of time when we are going to be actually for 52 years. We can have a bill. We can the Senate, with escalating obstruction casting a vote. I think I have kind of have it by the end of this week. So I of nominations. They crossed the line good news. Hopefully it is good news. I am offering that. from the use of the Senate rules to made a statement yesterday that the I also announced yesterday that in abuse of the Senate rules. In fact, the problem the Republicans have is they the event I can come up with a total same abuse recently, and needlessly, have not been able to get amendments number of 25 that our caucus would shut down our government at a cost of in. We have gone through this in years agree with, that if we could do that and billions of dollars to the taxpayers and past, and always something has broken we were refused, when the time comes billions of dollars to the private sector. loose where we are able to have amend- I will vote against going to the bill. I think it is a real threat to the inde- ments. Well, up until yesterday, the Now I think that very likely could hap- pendent, judicial branch of govern- Republicans had 81 amendments that pen this afternoon. However, if they ac- ment. we wanted to be considered. Frankly, cept them, I am committing right here As chairman of the Judiciary Com- that is not all that uncontrollable. on the floor that I will be in full sup- mittee, I am worried that the Repub- That could have been done. We could port and I will vote for it. I want peo- lican obstruction is damaging our abil- have still gotten through that this ple to understand, in the unlikely ity to fulfill the Senate’s unique con- week. But as it is right now—the good event that the majority does not ac- stitutional responsibility of advice and news is, I said yesterday on the floor cept these—the consideration of these consent to ensure that the judicial that I was going to come in and try to 25 votes, I will be voting against clo- branch has the judges it needs to do its work all night long, and the staff has ture on the bill when that vote comes job. done this, to come up with 25 amend- up. Republicans have used these unprece- ments and say: If we, the Republicans, I yield the floor. dented filibusters—and they are un- can have 25 amendments to be consid- The PRESIDING OFFICER (Ms. precedented—more than at any time ered, they can be voted down, but just WARREN). The Senator from Vermont. that I have served here. They have ob- to be considered on the floor, that we Mr. LEAHY. Madam President, I am structed President Obama from ap- would be receptive to having the re- not on the Armed Services Committee, pointing to the Federal bench even sults. although I was 38 years ago. But I nominations that were supported by Here is the interesting thing about would think that if there are any two Republican Senators from the State it. We have heard a lot of people talk- people in this body who could work out from where the nominee came. They ing about, well, why is it all of a sud- a program to get the votes set up and have forced cloture to end filibusters den this has to be done in 5 days? Yet voted on it is the distinguished senior on 34 nominees, far more than we ever we have been sitting around here for 3 Senator from Michigan and the distin- saw during President Bush’s 8 years in months when we could have been con- guished senior Senator from Okla- office. Almost all of these nominees sidering it. homa. I would hope and encourage my were, by any standard, noncontrover- I would like to suggest, if you look at colleagues on both sides of the aisle to sial and ultimately were confirmed this, this is every year how many days listen to the Democratic and Repub- overwhelmingly. In fact, Republican

VerDate Mar 15 2010 03:05 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.068 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8430 CONGRESSIONAL RECORD — SENATE November 21, 2013 obstruction has left the Federal judici- nominee. Somehow this President is In the 8 years George W. Bush served ary with 90 or more vacancies during going to be told he is different than as President, only five of his district the past 5 years. other Presidents. court nominees received any opposi- Take for example the Republican fili- Senate Republicans have obstructed tion on the floor. That was over 8 buster of a judicial nominee to the and delayed nearly every circuit court years. In just 5 years, 42 of President Tenth Circuit, Robert Bacharach last nominee of this President, filibustering Obama’s district court nominees have year, despite the support of the Repub- 14 of them. They abused the Senate’s faced opposition. The majority leader lican Senators from Oklahoma. This practices and procedures to delay con- had to file cloture on 20 of them. Fed- marked a new and damaging milestone. firmation of Judge Albert Diaz of eral district court judges are the trial Never before had the Senate filibus- North Carolina to the Fourth Circuit court judges who hear cases from liti- tered and refused to vote on a judicial for 11 months, before he was confirmed gants across the country and preside nominee with such strong bipartisan by voice vote. They delayed confirma- over Federal criminal trials, applying support, and who was voted out of the tion of Judge Jane Stranch of Ten- the law to facts and helping settle legal Judiciary Committee with virtually nessee to the Sixth Circuit for 10 disputes. They handle the vast major- unanimous support. Republicans con- months before she was confirmed 71 to ity of the caseload of the Federal tinued to block Senate action on the 21. Senate Republicans used procedural courts and are critical to making sure Bacharach nomination through the end tactics to delay for months the Senate our courts remain available to provide of last Congress and forced his nomina- confirmation of nominations with the a fair hearing for all Americans. Nomi- tion to be returned without action to strong support of Republican home nations to fill these critical positions, the President. There is no good rea- State Senators—including Judge Scott whether made by a Democratic or Re- son—none—why Robert Bacharach was Matheson of Utah to the Tenth Circuit; publican President, have always been not confirmed to serve the people of Judge James Wynn, Jr. of North Caro- considered with deference to the home Oklahoma and the Tenth Circuit as a lina to the Fourth Circuit; Judge State Senators who know the nominees Federal judge last year. He was finally Henry Floyd of South Carolina to the and their States best, and have been confirmed this year unanimously. Fourth Circuit; Judge Adalberto Jor- confirmed quickly with that support. Republicans last year also filibus- dan of Florida to the Eleventh Circuit; Never before in the Senate’s history tered William Kayatta, another con- Judge Beverly Martin of Georgia to the have we seen district court nominees sensus circuit nominee who had the Eleventh Circuit; Judge Mary Murguia blocked for months and opposed for no support of both Republican home State of Arizona to the Ninth Circuit; Judge good reason. Many are needlessly Senators. Like Judge Bacharach, Mr. Bernice Donald of Tennessee to the stalled and then confirmed virtually Sixth Circuit; Judge Thomas Vanaskie Kayatta received the ABA Standing unanimously with no explanation for of Pennsylvania to the Third Circuit; Committee on the Federal judiciary’s the obstruction. Senate Republicans Judge Andrew Hurwitz of Arizona to highest possible rating and had strong have politicized even these tradition- bipartisan support and unimpeachable the Ninth Circuit; Judge Morgan Chris- ally non-partisan positions. credentials. The same also applies to ten of Alaska to the Ninth Circuit; and As chairman of the Judiciary Com- Judge Stephen Higginson of Louisiana Richard Taranto, whose nomination mittee I have always acted fairly and to the Fifth Circuit. was returned to the President at the consistently whether the President has end of last year after Republicans The results are clear and dev- astating. The nonpartisan Congres- been a Democrat or a Republican. I blocked action on his nomination to a have not filibustered nominees with bi- vacancy on the Federal Circuit for sional Research Service has reported that the median time circuit nominees partisan support. I have steadfastly more than eight months, despite no op- protected the rights of the minority position in the Senate and despite the had to wait before a Senate vote has and I have done so despite criticism support of both Paul Clement and the skyrocketed from 18 days for President from Democrats. I have only proceeded late Robert Bork. Neither of these Bush’s nominees during his first term with judicial nominations supported by nominees faced any real opposition. in office to 132 days for President both home State Senators. I will put Yet Republicans stalled both of them Obama’s nominees during his first term my record of consistent fairness up through the end of last Congress and in office. This is the result of Repub- against that of any chairman and never forced their nomination to be returned lican obstruction and abuse of Senate acted as some Republican chairmen without action to the President. They rules. In most cases, Senate Repub- have acted in blatantly disregarding were both confirmed this year with licans have delayed and stalled without evenhanded practices to ram through overwhelming bipartisan support. explanation. How do you explain the Senate Republicans used to insist filibuster of the nomination of Judge the ideological nominations of Presi- that the filibustering of judicial nomi- Barbara Keenan of Virginia to the dent George W. Bush. nations was unconstitutional. The Con- Fourth Circuit who was ultimately Regrettably, the answer to my fair- stitution has not changed, but as soon confirmed 99 to 0? And how else do you ness and to my commitment to pro- as President Obama took office Repub- explain the needless obstruction of tecting the rights of the minority has licans reversed course. It struck me, Judge Denny Chin of New York to the been unprecedented and meritless ob- because the very first—the very first— Second Circuit, who was filibustered struction. Even though President nominee to the Federal bench that for four months before he was con- Obama has nominated qualified, main- President Obama sent here was filibus- firmed 98 to 0? stream lawyers, Republicans in the tered. Judge Hamilton of Indiana was a In 2012, Senate Republicans refused Senate have done away with regular widely-respected 15-year veteran of the to consent to a vote on a single circuit order, imposing unnecessary and dam- Federal bench nominated to the Sev- court nominee until the majority lead- aging delays. Until 2009, judicial nomi- enth Circuit. President Obama reached er filed cloture, even for nominees with nees reported by the Judiciary Com- out to the longest-serving Republican home State Republican support like mittee with bipartisan support were in the Senate, Senator Dick Lugar, to Adalberto Jordan of Florida—strongly generally confirmed quickly. That has select a nominee he supported. Yet, supported by Senator RUBIO—and An- changed, with district nominations Senate Republicans filibustered his drew Hurwitz of Arizona, strongly sup- taking over four times longer and cir- nomination, requiring a cloture vote ported by Senator Kyl. They blocked cuit court nominees over seven times before his nomination could be con- the Senate from voting on a single cir- longer than it took to confirm them firmed after a delay of seven months. cuit court nominee nominated by during the Bush administration. Until It is almost a case of saying: Okay, President Obama last year. Since 1980, 2009, we observed regular order and Mr. President, you think you got elect- the only other Presidential election usually confirmed four to six nominees ed? We are going to show you who is year in which there were no circuit per week, and we cleared the Senate boss. We are going to treat you dif- nominees confirmed who was nomi- Executive Calendar before long re- ferently than all of the Presidents be- nated that same year was in 1996, when cesses. Since then, Senate Republicans fore you. Senate Republicans shut down the have refused to clear the calendar and This has never been done before, to process against President Clinton’s cir- slowed us down to a snail’s pace. Until filibuster the President’s very first cuit nominees. 2009, if a nominee was filibustered, it

VerDate Mar 15 2010 03:05 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.069 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8431 was almost always because of a sub- ard. Well, I am not sure what else one If we play political games with our stantive issue with the nominee’s might call it. We also should not be Federal judiciary, how long are the record. We know what has happened comparing the DC Circuit’s caseload American people going to trust the im- since 2009—Republicans have required with that of other circuits, as Repub- partiality of our Federal courts? At cloture to consider even those nomi- licans have recently done. The DC Cir- what point do these games start mak- nees later confirmed unanimously. cuit is often understood to be the sec- ing people think maybe this is not an This obstruction was not merely a ond most important court in the land independent judiciary? If that day product of extreme partisanship in a because of the complex administrative comes, the United States will have Presidential election year—it has been law cases that it handles. The court re- given up one of its greatest strengths. a constant and across the board prac- views complicated decisions and Let’s go back to voting on judges tice since President Obama took office. rulemakings of many Federal agencies, based on their merit—and not on At the end of each calendar year, Sen- and in recent years has handled some whether they were nominated by a ate Republicans have deliberately re- of the most important terrorism and Democratic President or a Republican fused to vote on several judicial nomi- enemy combatant and detention cases President. Let’s stop holding President nees just to take up more time the fol- since the attacks of September 11, 2001. Obama to a different standard than any lowing year. At the end of 2009 Repub- Comparing the DC Circuit’s caseload to President before him—certainly no licans denied 10 nominations pending other circuits is a false comparison, President since I have been in the Sen- on the Executive Calendar a vote. The and those who are attempting to make ate, and I began with President Gerald following year, it took 9 months for the this comparison are not being fully Ford. Senate to take action on 8 of them. At forthcoming with the American public. This obstruction is not just bad for the end of 2010 and 2011, Senate Repub- Years ago, one of the senior most Re- the Senate, it is also a disaster for our licans left 19 nominations on the Sen- publican Senators on the Judiciary Nation’s overburdened courts. Per- ate Executive Calendar, taking up Committee said this: sistent vacancies force fewer judges to take on growing caseloads, and make it nearly half the following year for the [C]omparing workloads in the DC Circuit Senate to confirm them. Last year to that of other circuits is, to a large extent, harder for Americans to have access to they blocked 11 judicial nominees from a pointless exercise. There is little dispute justice. While they have delayed and votes, and refused to expedite consider- that the DC Circuit’s docket is, by far, the obstructed, the number of judicial va- ation of others who already had hear- most complex and time consuming in the Na- cancies has remained historically high tion. ings. and it has become more difficult for The effects of this obstruction have Now, however, that same Senator has our courts to provide speedy, quality been clear. When the Senate adjourned engaged in the precise pointless exer- justice for the American people. In last year, Senate Republicans had cise he once railed against. short, as a result of Republican ob- This is an unprecedented level of ob- blocked more than 40 of President struction of nominees, the Senate has struction. I have seen substantive ar- Obama’s circuit and district nominees failed to do its job for the courts and guments mounted against judicial from being confirmed in his first term. for the American people, and failed to nominees, but I have never seen a full live up to its constitutional respon- That obstruction has led to a damag- blockade against every single nominee ingly high level of judicial vacancies sibilities. That is why the Senate today to a particular court, regardless of the was faced with what to do to overcome persisting for over four years. individual’s qualifications. Republicans This year, Senate Republicans this abuse and what action to take to attempted to take this type of hardline restore this body’s ability to fulfill its reached a new depth of pure partisan- stance with certain executive positions ship. They have decided to shut down constitutional duties and do its work last year and earlier this year, when for the American people. the confirmation process altogether for they refused to allow a vote for any f an entire court—the U.S. Court of Ap- nominee to the Consumer Financial peals for the DC Circuit, even though Protection Bureau and the National HONORING PRESIDENT JOHN F. there are three vacancies on that Labor Relations Board. Rather than KENNEDY court. Senate Republicans attempt to representing substantive opposition to Seeing the distinguished Presiding justify their opposition to filling any of these individual nominees, this ob- Officer who is not only a New the three vacancies on the DC Circuit struction was a partisan attempt to Englander, but in this case from Mas- with an argument that the court’s sabotage and eviscerate these agencies sachusetts, let me just speak person- caseload does not warrant the appoint- which protect consumers and American ally for a moment on a very, very sad ments. workers. I have heard some call this day. We all know that this ploy is a trans- tactic ‘‘nullification.’’ It is as if the Tomorrow will be November 22. And parent attempt to prevent a Demo- Republicans have decided that the ever since I was a law student, Novem- cratic President from appointing President did not actually win the elec- ber 22 has always brought a feeling of judges to this important court. We all tion in 2008, and was not re-elected in dread to me. Tomorrow will be 50 years know what has happened here in the 2012. since President Kennedy was murdered. DC Circuit. In 2003, the Senate unani- Senate Republicans backed off this My wife Marcelle and I were living in mously confirmed John Roberts by radical and unprecedented hardline Washington at that time. She was a voice vote as the 9th judge on the DC stance on executive nominees earlier young nurse, a registered nurse, work- Circuit at a time when the caseload this year, but they have shown no signs ing at the VA hospital on Wisconsin was lower than it is today. He was con- of doing the same with the DC Circuit. Avenue, a site that is now occupied by firmed unanimously. No Democrat, no And it is not for lack of qualified nomi- the Russian Embassy. She was helping Republican opposed him. Not a single nees. This year, Senate Republicans to put this equally impoverished law Senate Republican raised any concerns filibustered the nominations of three student through Georgetown Law about whether the caseload warranted exceptionally qualified women: Caitlin School. We had been there in this base- his confirmation and during the Bush Halligan, Patricia Millett and Nina ment apartment, first during the administration they voted to confirm Pillard. Earlier this week Republicans Cuban missile crisis. And like every- four judges to the DC Circuit—giving filibustered another stellar nominee to body, we held our breath in this city, the court a total of 11 judges in active this court, Judge Robert Wilkins. wondering if this new, young Presi- service. I am a lawyer. I have tried cases in dent, John F. Kennedy, could get us Today there are only eight judges on Federal courts. I have argued cases in through this crisis without plunging the court; yet, when Patricia Millett Federal courts of appeal. I always went the world into nuclear war. I was ex- was nominated to that exact same seat into those courts knowing I could look cited—we both were—to be in the same by President Obama, a woman with at that Federal judge and say: It city. just as strong qualifications as John doesn’t make any difference whether I My family has always been Demo- Roberts—they both had great qualifica- am a Democrat or a Republican, cratic. Back in Vermont, the joke was: tions—she was filibustered. Some say whether I represent the plaintiff or the ‘‘That’s the street where the Demo- we should not call that a double stand- defendant; this is an impartial court. crats live.’’ There were so few of them

VerDate Mar 15 2010 03:05 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.070 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8432 CONGRESSIONAL RECORD — SENATE November 21, 2013 in Vermont. But with an Irish-Catholic I got home, banged on the door and tall, with a very plain uniform without father and an Italian-Catholic mother, woke up Marcelle. I turned on the TV decorations. Nobody thought anything we had seen John Kennedy win—and in set and told her he had been shot. unusual about it. It was all so respect- my State, amid something that doesn’t She said: Who? ful. Because there were so many heads exist anymore—an anti-Catholic atti- I said: The President. of state, virtually every police officer tude. We saw Walter Cronkite—which is in the city was downtown in that area. President Kennedy stood up to those something we keep seeing over and Yet, there wasn’t a crime reported in people, some in the Joint Chiefs, who over, and have for 50 years—announc- DC at that time. Everybody was glued said they had so much more experience ing the President was shot, and was to their TV set. and we ought to go ahead and we had dead. The funeral scenes included young nuclear superiority over the then-So- We prayed for him, his family, for John Kennedy Jr., saluting his father’s viet Union; let’s attack them, let’s our Nation. Phones were just seizing up coffin as it went by. We watched the have a preemptive strike. And, Madam in Washington, but we talked with our burial at Arlington Cemetery—we lived President, anybody who studies history family back in Vermont. only a couple miles from there—and we knows what would have happened: Half We knew they were going to leave saw the first jets—the fighter jets—fly- the world would have been destroyed. the White House to bring the Presi- ing over. We rushed outside just in Through patience and diplomacy, we dent’s body, so we decided to go watch time to see what we all know as ‘‘miss- got out of the situation. the funeral procession. We waited on ing man formation,’’ when the jets are in formation, and one peels off. We saw And so we watched a young President the curb a few yards from the route on that, and then we saw Air Force One go step by step, not always accom- Pennsylvania Avenue. We were expect- fly over, just having dipped its wing in plishing everything he wanted, but al- ing our first child—he was born in Jan- tribute. It was a very large plane at ways inspiring young people. I remem- uary following this—but we thought, that time—blue, white, and silver—the ber standing on Pennsylvania Avenue even so, we should go down, and we same plane that brought the Presi- and seeing an open car go by with him. took the bus down and we stood across dent’s body back a few days before, He had greeted an emperor, and their from the National Gallery of Art, from Dallas. It was coming out of its procession drove down Pennsylvania what’s now the west wing of the Na- tional Gallery of Art. There were sev- salute. Avenue with people cheering. This was Throughout that time, everywhere only months before he died. I was clos- eral lanes of rows of people along the street—and it was so quiet, Madam we went we saw a silent and stunned er to him than I am to the distin- city—both those who supported Presi- guished Presiding Officer. President—so quiet—that even though the roads were blocked, the street dent Kennedy and those who had not. I remember, as an honor student, our lights were going, as they changed Everybody knew what a blow this was class was invited to the White House from red to green to yellow—we could to our country. In fact, I did not again with other students. Standing there hear the ‘‘click’’ five lanes from the see that kind of shock and silence in with other students, I remember being road. We could hear the click of the Washington, DC until I walked from struck by how red his hair was and how street lights changing; it was that my office on 9/11, here on Capitol Hill, young he was. He talked with all of us. quiet. and saw the same thing after that at- Then I remember—as though it were Then we heard the drums. We heard tack on us. yesterday, 50 years ago tomorrow—I the cortege leaving the White House. For something like this, most people was standing in the library of George- This was back before we had cell set aside their political backgrounds. I remember so many of us stood here town University Law School. One of phones and everything else you could on that March day when President my classmates, who was not a fan of follow. Everybody on the street turned Reagan was shot. We all joined hands, President Kennedy, came in and said: toward the other end of Pennsylvania Democrats and Republicans, and The President has been shot. I told him Avenue, even though we could not yet prayed for his safety and for the coun- there was nothing funny about saying see them. But we could hear them, it something like that. Then I saw the try. It is awful to have to have a situa- was that quiet. tion like that, a situation such as that, shocked look on his face and realized And then cars came by the cortege: A to bring people together, but we should he was telling the truth. riderless horse, a very skittish horse. think about the country first and fore- We didn’t have a car and we used to You could hear its horseshoes clicking most in these things. take buses to school from where we back and forth, as it would pull back lived in the Glover Park area. I knew We look at those in succession to the and forth against the reigns, held by Presidency; we worry about what that Marcelle had been working all the man leading it, the boots turned night and was probably home after get- might happen to the President. No one backwards in the empty stirrups. ever wants anything to happen to any ting off of her shift in the wee hours of I saw Robert Kennedy go by in a car. the morning, and was home sleeping. I President, Republican or Democrat. We In fact I took a photograph of him— don’t want these things to happen to went running out, grabbed a cab to go with his head bowed, his chin on his home to tell her what happened. our country. hand. I was one of those young people in- I think I got the only cab in Wash- It was so sad. It all went by. As the spired by John Kennedy and by Robert ington, DC, that did not have a radio. casket passed by, people saluted, held Kennedy—who invited me to join the The cab driver didn’t know what was their hands over their hearts, and Department of Justice as a young law going on. I just said: Let’s go. We drove cried. Again, Madam President, it’s student, though I was homesick and on K Street. A number of the stock- like it was yesterday. wanted to go back to Vermont, and I brokers were there. I remembered past We watched the funeral from home. am glad I did. times when I went by that exact spot Mrs. Kennedy had decided that all of These were people who inspired and saw ticker tapes projected on the the world leaders who had come would young people. They inspired us because wall with the numbers going by, with march together from the White House we saw political life and elective office the stock market’s activities. They to St. Matthew’s where the President’s not as something for cynical gain or were blank, even though the stock funeral would be held. something to promote yourself or market should have been open at that I remember there had been a discus- something where you could do bumper- time. It was stopped. sion of the protocol for having Presi- sticker sloganeering. I don’t care I saw a relative of Mrs. Kennedy’s dents, Prime Ministers, and Emperors whether you were on the left or the going to work—being chauffeured in a present. Mrs. Kennedy made the bril- right. They inspired others to make Rolls-Royce. As one can imagine, as a liant decision to assign the countries life better for everybody else, to make young law student on an un-air-condi- alphabetically in English. Haile the country better and stronger, and to tioned bus, I looked at him with envy. Selassie, of Ethiopia, resplendent in his leave a better country for the next gen- I saw him running out frantically try- uniform, with braids and everything eration. ing to grab a cab. It was very obvious else, walked next to Charles de Gaulle, I think that was the promise of John something was wrong. who, like myself, is well over six-feet Kennedy. I am glad that many in both

VerDate Mar 15 2010 04:34 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.072 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8433 parties decided to follow that same right, the majority thinks our biggest When he was in the minority, our promise. I just wish more would. problem is that the President can’t do current majority leader recognized Madam President, I thank my col- whatever he wants to do and we should this. In his book ‘‘The Good Fight,’’ leagues for letting me have all this change our rules to allow him to do Senator REID wrote about the battle time, and I yield the floor. that. That is incredible. over the nuclear option back in 2005. The PRESIDING OFFICER. The Sen- The majority has permanently under- This is what he wrote: ator from Kansas. mined this body, robbed it of a vital Once you opened that Pandora’s box, it was Mr. ROBERTS. Madam President, I tool to check the untrammeled author- just a matter of time before a Senate leader thank the distinguished Senator from ity of this or any other President, so who couldn’t get his way on something Vermont for his remembrance of those this sinking ship of an administration moved to eliminate the filibuster for regular days that were so special to him and can make whatever appointments it business as well. And that, simply put, would also for really commemorating them so wants. What a tragedy. be the end of the United States Senate. they will be special to all of us. I thank In Kansas, when you walk old ghost I repeat, ‘‘the end of the United him for his comments. towns you will see buildings where States Senate.’’ RULES CHANGE nothing remains but the facade. Lit- Senator REID further wrote: Madam President, I am going to erally the entire building is gone and . . . there will come a time when we will speak as the ranking member of the all that is left is the facade. To prevent all be gone, and the institutions that we now serve will be run by men and women not yet Senate rules committee, and I am that facade from collapsing, you may living, and those institutions will either going to speak in regard to the rules see beams propping it up. function well because we’ve taken care of changes that have occurred today. In recent weeks this administration them, or they will be in disarray and some- Under the rules of this body, it takes has been exposed as a facade. It still one else’s problem to solve. 67 votes to end debate on a rules looks nice at first glance—the slick He described the nuclear option this change. As a continuing body, our rules campaign-style appearances go on as way then: carry on from one Congress to the usual—but when you look behind it, In a fit of partisan furry, they were trying next—or at least they used to—and can you see there is nothing there. It can- to blow up the Senate. Senate rules can only only be changed pursuant to these not perform the most basic tasks. It be changed by a two-thirds vote of the Sen- rules. Our rules have always ensured a cannot even fulfill the responsibilities ate, or 67 Senators. The Republicans were voice for the minority in this body. Un- it has assigned to itself. It is col- going to do it illegally with a simple major- like the House, where I served, where a lapsing. So now we, the Senate, are ity, or 51 . . . future generations be damned. simple majority has the power to im- going to prop it up. The U.S. Senate, If only today the majority leader had pose a rule change at any time, in the the world’s greatest deliberative body, recalled his own words. Instead, by his Senate the minority has always been has been reduced to being a prop. We own hand, he has brought on the end of protected. Here, the rules protect the have reduced ourselves to the Senate as we know it. Instead of minority and cannot be changed with- rubberstamps, forfeiting our historical taking care of this institution, he will out their consent—unless, of course, and constitutional authority to subject leave it in disarray—future generations the majority decides it wants to break Presidential appointments to advice be damned. the rules to change the rules. I am sad- and consent so this administration can Our former Parliamentarian Bob dened that is what happened today. do whatever it wants. Again, what a Dove and Richard Arenberg, a professor The Washington Post reported the tragedy. Never has so much been given and onetime aide to former majority other day that President Obama’s ap- for so little. leader George Mitchell, wrote a book proval rating has hit a record low; his We have permanently undermined on this subject called ‘‘Defending the disapproval rating has hit a record this body—for what? So this President Filibuster,’’ and this is what they said: high—the worst of his Presidency. This can appoint a few more judges and If a 51-vote majority is empowered to re- is obviously the result of the disastrous stack the DC Circuit Court that over- write the Senate’s rules, the day will come, rollout of ObamaCare which has caused sees the constitutionality of Federal as it did in the House of Representatives, Americans to question both the Presi- regulations? Yes, ObamaCare regula- when a majority will construct rules that give it near absolute control over amend- dent’s trustworthiness and his basic tions, IRS regulations, EPA regula- ments and debate. And there is no going competence. tions—all of the regulations that come back from that. No majority in the House of In light of these developments, one like a waterfall over basically every Representatives has or ever will voluntarily would think my colleagues on the economic sector we have. This is unbe- relinquish that power in order to give the other side of the aisle might be recon- lievable. What happened today will minority a greater voice in crafting legisla- sidering the wisdom of some of their surely lead to complete control of this tion. past decisions. One would hope it would institution by the majority. I hope not, Do not be fooled by those who would occur to them that maybe it was a mis- but that is what has happened in the try to minimize the impact of what take to pass the health care reform bill past, more especially in the House. happened today. Again, the rule change on a straight party-line vote. I am one Do not listen to those who would itself is less important than the man- of the few who voted no in the HELP seek to minimize the importance of ner in which it was imposed. Now that Committee, no in the Finance Com- what has been done. The claim that the majority has decided it can set the mittee, and no on the Senate floor on what they have done is limited—apply- rules, there is no limit to what it or that Christmas Eve night. ing only to executive nominations— any future majority might do in the fu- One might expect them to have some misses the point. The change itself is ture. There are no constraints. The ma- doubts about the competence of this less important than the manner in jority claims these changes are nec- administration, as most Americans which it was imposed. Once you assume essary to make the Senate function. If clearly do on this particular issue espe- the power to write new rules with a it decides further changes are needed, cially and on a lot of other regulations; simple majority vote, to ignore the ex- it will make them. The minority will that it would dawn on them that isting rules that require a super- have no voice, no say, no power. That maybe now might be the right time to majority to achieve such a change, you has never been the case in the Senate— reassert congressional authority to have put us on a path that will surely never. Until now. rein in and redirect the administra- lead to total control of this body by It saddens me that we have come to tion—the executive, if you will—and the majority. this point. It saddens me that the use the power of the Senate to move Before today, there was only one Members on the other side of the aisle the administration in a different direc- House of Congress where the majority who should know better have taken tion. I am sorry that has not happened. has total control. Now there are two. this course. We have done permanent Instead, in the face of the obvious fail- We have become the House. By its ac- damage to this institution and set a ures of this President and his plum- tion today, the majority has ensured precedent that will surely allow future meting approval ratings, the majority that for many years to come, Members majorities to further restrict the rights has decided it would be a really good will not have any rights beyond those of the minority. That is not a threat; it idea to give him more power. That is which the majority is willing to grant. is just a fact. We have weakened this

VerDate Mar 15 2010 03:05 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.073 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8434 CONGRESSIONAL RECORD — SENATE November 21, 2013 body permanently, undermined it, for reform, economic growth, runaway def- stantively by the interpretive action of the the sake of an incompetent administra- icit-spending, and an unsustainable na- Senate’s Presiding Officer, even with the tion. What a tragedy. tional debt that threatens future gen- transient sanction of an equally transient This is a sad, sad day. When the fu- erations. Unfortunately, in his despera- Senate majority. The rules can be safely changed only by the direct and conscious ac- ture generations we have damned by tion to divert everyone’s attention tion of the Senate itself, acting in the fash- today’s actions look back and wonder from Obamacare, the majority leader ion prescribed by the rules. Otherwise, no ‘‘Why are things in such disarray? abused his position to decimate the in- rule in the Senate is worth the paper it is When did it go wrong? When did the de- tegrity of the institution he is sup- written on, and this so-called ‘‘greatest de- mise of the Senate begin?’’ the answer posed to serve and continues to plunge liberative body in the world’’ is at the mercy will be today, November 21, 2013. this institution into a hopeless abyss of of every change in parliamentary authority. Mr. REID. Madam President, I ask distrust and partisanship. These are According to CRS, proposals to limit unanimous consent that the order for circumstances that can be remedied by Senate debate are as old as the Senate the quorum call be rescinded. nothing less than a change in the ma- itself. Over the 224-year history of the The PRESIDING OFFICER. Without jority in the Senate and its leadership. body, numerous procedures have been objection, it is so ordered. I remain dedicated towards achieving proposed to allow the Senate to end Mr. COCHRAN. Madam President, as that outcome. discussion and act. The most impor- the majority contemplate changing the It is unfortunate we are in this posi- tant debate-limiting procedure enacted rules of the Senate to expedite the con- tion today. Numerous times over the was the adoption in 1917 of the ‘‘cloture firmation of several executive branch years, the Senate has come to a stand- rule,’’ codified in paragraph 2 of Senate nominees, I hope that serious consider- still over nominees—whether they were Rule XXII. Under the current version ation was given to the adverse effects judicial or executive branch. That grid- of this rule, a process for ending debate this change could have. lock inevitably leads to threats from on a pending measure or matter may We should resist embarking on a path the majority to use the ‘‘nuclear op- be set in motion by a supermajority that would circumvent the rights of tion’’—to change the rules of the Sen- vote of the Senate. the minority to exercise its advice and ate to strip the minority party of their At times, Senators of both political parties consent responsibilities provided in the right to filibuster certain nominees. I have debated the merits of the Senate’s tra- Constitution. opposed using the nuclear option back dition of free and unlimited debate. These The consequences of the action by when my party had the majority, and I debates have occurred at different times and the majority should not be minimized. oppose it today. under different sets of circumstances as Sen- Former Senator Ted Kennedy, in 2003, ators attempted, for example, to prevent fili- I think the Majority Leader made a busters of civil rights measures, pass con- testified before the Rules Committee huge mistake today. that by allowing a simple majority to sumer protection legislation, or secure the Senator Vandenberg: confirmation of judicial or executive branch end debate on nominees, ‘‘the Senate . . . I continue to believe that the rules of nominations. would put itself on a course to destroy the Senate are as important to equity and Although many attempts have been made the very essence of our constitutional order in the Senate as is the Constitution to to amend paragraph 2 of Rule XXII, only six role.’’ the life of the Republic, and that those rules amendments have been adopted since the Such a departure from precedent should never be changed except by the Sen- cloture rule was enacted in 1917: those under- would dilute the minority rights that ate itself, in the direct fashion prescribed by taken in 1949, 1959, 1975, 1976, 1979, and 1986. differentiate the Senate from the other the rules themselves. Each of these changes was made within the body. It also opens the door to applying Senator Vandenberg continued: framework of the existing or ‘‘entrenched’’ rules of the Senate, including Rule XXII. this same rule to debate on judicial I have heard it erroneously argued in the In 1949, the cloture rule was amended to nominations, as well as the legislative cloakrooms that since the Senate rules apply to all ‘‘matters,’’ as well as measures, process. themselves authorize a change in the rules a change that expanded its reach to nomina- Mr. MCCAIN. Madam President, I through due legislative process by a major- tions, most motions to proceed to consider wish to echo what my colleague from ity vote, it is within the spirit of the rules measures, and other motions. A decade later, when we reach the same net result by a ma- Michigan Senator LEVIN said on the in 1959, its reach was further expanded to in- jority vote of the Senate upholding a par- clude debate on motions to proceed to con- floor earlier today. He quoted the late liamentary ruling of the Vice President Senator Arthur Vandenburg of Michi- sider changes in the Senate rules themselves. which, in effect, changes the rules. This The threshold for invoking cloture was low- gan who said, in 1949, that if the major- would appear to be some sort of doctrine of ered in 1975 from two-thirds present and vot- ity can change the rules at will ‘‘then amendment by proxy. It is argued that the ing to three-fifths of the full Senate except there are no rules except the transient Senate itself makes the change in both in- on proposals to amend Senate rules. In a unregulated wishes of a majority of stances by majority vote; and it is asked, change made in 1976, amendments filed by whatever quorum is temporarily in what is the difference? Of course, this is real- Senators after cloture was invoked were no control of the Senate.’’ ly an argument that the end justifies the longer required to be read aloud in the cham- means. Senator Vandenburg’s words from ber if they were available at least 24 hours in 1949 have proven to be prophetic. Senator Vandenberg continued: advance. We fit the rules to the occasion, instead of In 1979, Senators added an overall ‘‘consid- Additionally, when he was a Member eration cap’’ to Rule XXII to prevent so- of the Senate in 2005, President Obama fitting the occasion to the rules. Therefore, in the final analysis, under such cir- called post-cloture filibusters, which oc- said ‘‘What [the American people] don’t curred when Senators continued dilatory expect is for one party—be it Repub- cumstances, there are no rules except the transient, unregulated wishes of a majority parliamentary tactics even after cloture had lican or Democrat—to change the rules of whatever quorum is temporarily in con- been invoked. In 1986, this ‘‘consideration in the middle of the game.’’ That is ex- trol of the Senate. That, Mr. President, is cap’’ was reduced from 100 hours to 30 hours. actly what his party did today—and not my idea of the greatest deliberative body At various times I have been a part they did so with the President’s full in the world. . . . No matter how important of bipartisan groups of Senators who support. [the pending issue’s] immediate incidence were able to come together and nego- The American people will not be de- may seem to many today, the integrity of tiate agreements to end the gridlock ceived—the Majority Leader’s exercise the Senate’s rules is our paramount concern, surrounding nominees, avert the nu- of the ‘‘nuclear option’’ today is mere- today, tomorrow, and so long as this great clear option, and allow the Senate to institution lives. ly an attempt to divert their attention move forward with our work on behalf from Obamacare’s failure to launch and He concluded, with that ‘‘one consid- of the American people. My work in the President’s failure to keep his word eration’’: these groups—often referred to as to the American people on whether What do the present Senate rules mean; ‘‘gangs’’—has won me both praise and they can keep health care plans they and for the sake of law and order, shall they condemnation, and has often put me at already have. Republicans will, how- be protected in that meaning until changed odds with some in my own party. by the Senate itself in the fashion required ever, come together to maintain the by the rules? In 2005 for instance, I joined 13 of my American people’s focus on these issues . . . [T]he rules of the Senate as they exist colleagues in an agreement that al- and on solving problems they are con- at any given time and as they are clinched lowed for votes on three of President fronted with everyday—on health care by precedents should not be changed sub- Bush’s judicial nominees who were

VerDate Mar 15 2010 03:05 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.074 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8435 being filibustered by the Democrats— the political ends justify any means and leaving Senate tradition and prac- who were in the minority at that time. whatsoever. The two parts of this crisis tice behind like so much confirmation Part of that agreement addressed fu- are what the majority is doing and how roadkill. This would be the wrong way ture nominees. It stated: they are doing it. to address even a real confirmation cri- ‘‘Signatories will exercise their respon- What the majority is doing is termi- sis, let alone the fake one created by sibilities under the Advice and Consent nating the minority’s ability to fili- the majority today. Clause of the United States Constitution in buster judicial nominees. If anyone The majority, it seems, just does not good faith. Nominees should only be filibus- thought that judicial filibusters were like the way our system of government tered under extraordinary circumstances, so easy that the minority has been is designed to work. I have been in the and each signatory must use his or her own doing it indiscriminately, they would majority and the minority several discretion and judgment in determining be wrong. It is harder to filibuster whether such circumstances exist.’’ times each, more than enough to expe- judges today than at any time since rience that the rules, practices, and In January of this year I began work- the turn of the 19th century. And the traditions of this body can annoy the ing with like-minded members of both truth is that Democrats are now termi- majority and empower the minority. parties to diffuse legislative gridlock nating a practice that they created and That is how this body is designed to and to meet the goals of making it that they have used, by orders of mag- work as part of the legislative branch. easier for the majority to bring legisla- nitude, far more than Republicans. But the majority today wants to have tion to the floor while also making it In February 2001, just after President it all. They are denying to others the easier for a Member of the minority to George W. Bush took office, Democrats very same tools that they used so ag- offer amendments to that legislation. vowed to use ‘‘any means necessary’’ to gressively before. Having a robust amendment process, defeat his judicial nominees. That is This year, the Senate has confirmed especially on legislation of major con- one promise Democrats kept. They pio- more than twice as many judges than sequence, is how the Senate has tradi- neered using the filibuster to defeat at the start of President Bush’s second tionally operated. It is something that majority-supported judicial nominees term. We have confirmed nine appeals has been sorely lacking for the last in 2003. In fact, 73 percent of all votes court judges so far this year, a con- several years. And it is something that, for judicial filibusters in American his- firmation rate exceeded only a handful when it has occurred, has invariably tory have been cast by Democrats. of times in the 37 years I have served in led to legislative achievement. By this same point under President this body. President Obama has al- And again in July of this year the Bush, the Senate had taken 26 cloture ready appointed one-quarter of the en- Senate faced gridlock over the Presi- votes on judicial nominees, more than tire Federal judiciary. dent’s nominees to the National Labor twice as many as have occurred under But that is not enough for this ma- Relations Board—NLRB. I joined with President Obama. Under President jority. In order to clear the way for Members on both sides to come up with Bush, 20 of those cloture votes failed, winning every confirmation vote every a reasonable compromise which al- nearly three times as many as under time, Democrats set up a confrontation lowed for votes of the President’s President Obama. Democrats set a over nominees to the DC Circuit. They nominees. record for multiple filibusters against knew that the DC Circuit did not need My colleagues in the majority are the same nominee that still stands more than the eight active judges it mistaken if they assume that these today. They filibustered the nomina- now has. How did they know? Because agreements have meant that we, the tion of Miguel Estrada, the first His- the very same standards they used in minority party, have surrendered our panic nominee to the U.S. Court of Ap- 2006 to oppose Republican nominees to right to filibuster nominees in certain peals for the DC Circuit, seven times. that court told them so. circumstances. The exact opposite is Individual Democratic Senators took In 2006, Democrats opposed more DC true. These agreements were nego- full advantage of the judicial filibuster Circuit nominees because written deci- tiated precisely to protect the rights of that they now are terminating. The sions per active judge had declined by the minority to filibuster nominations majority leader, the majority whip, 17 percent. Since 2006, written decisions in good faith where the minority finds and the Judiciary Committee chairman per active judge have declined by an that doing so is warranted under the together voted 82 times to filibuster even greater 27 percent. In 2006, Demo- circumstances. Republican judicial nominees. In con- crats opposed more DC Circuit appoint- I am disappointed my colleagues on trast, the minority leader, minority ments because total appeals had de- the other side have taken this step whip, and Judiciary Committee rank- clined by 10 percent. Since 2006, total today. I would argue that our side, led ing member have together voted only appeals have declined by an even great- by Senator MCCONNELL, has been very 29 times to filibuster Democratic judi- er 18 percent. The DC Circuit’s caseload accommodating in helping to secure cial nominees. For those same Demo- not only continues to decline, but is cloture on numerous nominees. The cratic Senators to now take away from declining faster than before. fact that we have exercised our rights others the very tactic that they in- In 2006, Democrats opposed more DC in several instances should not deter vented and used so liberally is beyond Circuit appointments because there from that fact, and is certainly not de- hypocritical. were 20 judicial emergency vacancies serving of this retaliatory action. The other part of this crisis is how and there were nominees for only 60 I have worked to end the stalemates the majority is terminating the judi- percent of them. Since 2006, judicial over nominees, not for praise or pub- cial filibuster. The title ‘‘nuclear op- emergency vacancies have nearly dou- licity, but to retain the rights of the tion’’ has been given to two methods bled and the percentage of those vacan- minority, and to help return the Sen- by which a simple majority can change cies with nominees has declined to less ate to the early practices of our gov- how the Senate does business. The first than 50 percent. ernment and to reduce the rancor and method has never been tried and can Judiciary Committee Democrats put distrust that unfortunately accom- occur, if at all, only at the beginning of those standards in writing in 2006. None panies the advice and consent process a new Congress. Because this method of them, including the four who still in the Senate. I fear that today’s ac- would actually change the Senate’s serve on the Judiciary Committee tion by the majority will result in even written rules, it would be a public proc- today, have either said they were more discord in this body. ess involving a resolution and examina- wrong in 2006 or explained why dif- Mr. HATCH. Madam President, today tion by the Rules Committee. Repub- ferent standard should be used today. we face a real crisis in the confirma- licans considered using this method at They have not done so because this tion process, a crisis concocted by the the beginning of the 110th Congress but about-face, this double-standard, is a majority to distract attention from the did not do so. deliberate ploy to create an unneces- Obamacare disaster and, in the process, The majority today is instead using sary and fake confirmation confronta- consolidate more power than any ma- the second method, which requires only tion. jority has had in more than 200 years. a ruling from whoever is presiding over I have to hand it to my Democratic This crisis was created by a majority the Senate. It is a pre-scripted par- colleagues because reality television that wants to win at all cost, for whom liamentary hit-and-run, over in a flash cannot hold a candle to this saga.

VerDate Mar 15 2010 04:34 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.038 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8436 CONGRESSIONAL RECORD — SENATE November 21, 2013 Democrats first abandoned the argu- tunately, that agreement rapidly dete- rules changes through the regular order. But ments they used against Republican riorated and the partisan rancor and regardless of the outcome, the constitutional nominees to the DC Circuit in order to political brinksmanship quickly re- option has played an ongoing and important role.’’ create a fake confrontation. Then they turned. ‘‘solve’’ this confrontation by termi- As expected, many of my Republican The memo goes on address some nating judicial filibusters that they colleagues called today’s action by the ‘‘Common Misunderstandings of the once used against Republican nomi- majority a power grab and ‘‘tyranny of Constitutional Option.’’ One misunderstanding addressed, nees. the majority.’’ They decried the lack of which we heard today is that, ‘‘The es- The filibuster has been an impor- respect for minority rights. I do believe sential character of the Senate will be tant—some would say a defining—fea- that we must respect the minority in destroyed if the constitutional option ture of how this body operates for more the Senate, but that respect must go than 200 years. It has always annoyed is exercised.’’ both ways. When the minority uses The memo rebuts this by stating that the majority because it empowers the their rights to offer germane amend- ‘‘When Majority Leader Byrd repeat- minority. Both parties have used it, ments, or to extend legitimate debate, edly exercised the constitutional op- both parties have criticized it. But no we should always respect such efforts. tion to correct abuses of Senate rules majority has done what Democrats But that is not what we have seen. In- and precedents, those illustrative exer- have done today. They have fundamen- stead, the minority often uses its cises of the option did little to upset tally altered this body, they have in rights to score political points and ob- the basic character of the Senate. In- the most disingenuous way done long struct almost all Senate action. In- deed, many observers argue that the term institutional damage for short stead of offering amendments to im- Senate minority is stronger today in a term political gain. This majority prove legislation, we see amendments body that still allows for extensive de- wants everything to go their way, and that have the sole purpose of becoming bate, full consideration, and careful de- will do anything to make that happen. talking points in next year’s election. liberation of all matters with which it The majority created this fake con- Instead of allowing up or down votes on is presented.’’ firmation crisis for two reasons. First, qualified nominees, we see complete Changing the rules with a simple ma- they want to stack the DC Circuit with obstruction to key vacancies. It is hard jority is not about exercising power, judges who will approve actions by the to argue that the majority is not re- but is instead about restoring balance. executive branch agencies that Presi- specting the traditions of the Senate There is a fine line between respecting dent Obama needs to push his political when the minority is using this body minority rights and yielding to minor- agenda. Second, they want to distract purely for political gain. ity rule. When we cross that line, as I attention from the Obamacare disaster. During the debate over rules reform believe we have many times in recent I think this heavy-handed move will we had in January, many of my col- years, the majority is within its rights have the opposite effect on both leagues argued that the only way to to restore the balance. This is not tyr- counts. Just as both parties have used change the Senate Rules was with a anny by the majority, but merely hold- the filibuster to stop certain judicial two-thirds supermajority. As we saw ing the minority accountable if it nominees, both parties will use the ab- today, that simply is not true. Some crosses that line and makes the Senate sence of the filibuster to appoint cer- call what occurred the ‘‘Constitutional a dysfunctional body. I would expect tain judicial nominees. And now that Option,’’ while others call it the ‘‘Nu- the same if my party was in the minor- the majority has crossed this par- clear Option.’’ I think the best name ity and we were abusing the rules. liamentary Rubicon, we can indeed for it might be the ‘‘Majority Option.’’ Many of my colleagues argue that focus again on what Obamacare is As I studied this issue in great depth, the Senate’s supermajority require- doing to American families. This is a one thing became very clear. Senator ments are what make it unique from sad day for the Senate, for the judici- Robert Byrd may have said it best. the House of Representatives, as well ary, and for the American people who During a debate on the floor in 1975, as any other legislative body in the world. I disagree. If you talk to the want to see their elected representa- Senator Byrd said, ‘‘at any time that 51 veteran Senators, many of them will tives act on integrity and principle Members of the Senate are determined tell you that the need for 60 votes to rather than use gimmicks and power to change the rule . . . and if the lead- pass anything or confirm nominees is a plays. ership of the Senate joins them . . . recent phenomenon. Senator HARKIN Mr. UDALL of New Mexico. Madam that rule will be changed.’’ That is President, today the Senate took an discussed this in great detail during what happened today. our debate in January and I highly rec- unusual step to change our rules with a We keep hearing that any use of this simple majority vote. I say unusual ommend reading his statement. option to change the rules is an abuse I think this gets at the heart of the step, and not unprecedented, because it of power by the majority. However, a problem. We are a unique legislative was something the Senate has done on 2005 Republican Policy Committee body, but not because of our rule book. many occasions in the past. Like those memo provides some excellent points We have recently devolved into a body previous changes, the action we took to rebut this argument. that our Founders never intended. was not intended to destroy the Let me read part of the 2005 Repub- Rather than one based on mutual re- uniqueness of the Senate but instead lican memo: spect that moves by consent and allows was meant to restore the regular order ‘‘This constitutional option is well ground- majority votes on almost all matters, of the body. ed in the U.S. Constitution and in Senate we have become a supermajoritarian I believe, as I have stated many history. The Senate has always had, and re- institution that often does not move at times since coming to the Senate, that peatedly has exercised, the constitutional all. the best way to amend the rules is by power to change the Senate’s procedures With all of the economic issues we having an open debate at the beginning through a majority vote. Majority Leader Robert C. Byrd used the constitutional op- face, our country cannot afford a bro- of each new Congress and holding a ma- ken Senate. Both sides need to take a jority vote to adopt the rules for that tion in 1977, 1979, 1980, and 1987 to establish precedents changing Senate procedures dur- step back and understand that what we Congress. I, along with Senators HAR- ing the middle of a Congress. And the Senate do on the Senate floor is not about KIN and MERKLEY, tried to do that at several times has changed its Standing Rules winning or keeping the majority next the beginning of this Congress and the after the constitutional option had been November, but about helping the coun- last. Ultimately we were unsuccessful threatened, beginning with the adoption of try today. in achieving the real reforms we want- the first cloture rule in 1917. Simply put, the Today’s vote to change the rules is a ed, including a talking filibuster. But constitutional option itself is a longstanding victory for all Americans who want to there was some hope that the debate feature of Senate practice. end obstruction and return to a govern- highlighted some of the most egregious The Senate, therefore, has long accepted the legitimacy of the constitutional option. ment that works for them. Americans abuses of the rules and led to an agree- Through precedent, the option has been exer- sent us here to get things done, but in ment that both sides would strive to cised and Senate procedures have been recent years, the minority has filibus- restore the respect and comity that is changed. At other times it has been merely tered again and again—not to slow ac- often lacking in today’s Senate. Unfor- threatened, and Senators negotiated textual tion out of substantive concerns, but

VerDate Mar 15 2010 04:34 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.067 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8437 for political gain. Any President—Dem- tions, Reid Amendment No. 2305, to change which have now been fully debated. We ocrat or Republican—should be able to the enactment date. were told that Senators wouldn’t let us make their necessary appointments. Reid Amendment No. 2306 (to (the instruc- vote on the sexual assault amendments This change finally returns the Sen- tions) Amendment No. 2305), of a perfecting nature. because they were afraid those would ate to the majority rule standard that Reid Amendment No. 2307 (to Amendment be the only votes. We offered to lock in is required by the Constitution when it No. 2306), of a perfecting nature. additional amendments, six for Demo- comes to executive branch and judicial The PRESIDING OFFICER. The Sen- crats, six for Republicans. That got an nominees. With this change, if those ator from Oklahoma. objection. Staff had built up a cleared nominees are qualified, they get an up- Mr. INHOFE. Madam President, let amendment package of 39 additional or-down vote in the Senate. If a major- me first repeat, as I have many times, amendments on a bipartisan basis, ity is opposed, they can reject a nomi- I have never worked with a manager about half for each side, that were all nee. But a minority should not be able more closely than the chairman of the agreed to on the merits. Again, we got to delay them indefinitely. That is how Armed Services Committee Senator thwarted. our democracy is intended to work. LEVIN. We worked very hard through a So over and over, we had objections New Mexicans—all Americans—are lot of issues. On the few where we dis- to considering amendments, based on tired of the gridlock in Washington. agreed with each other, we have han- the accusation that we were not con- The recent filibuster of three DC Cir- dled it in a very civil way. We both sidering enough amendments. But how cuit nominees over the last 4 weeks want a bill and we will have one. on earth does blocking the consider- was not the beginning of this obstruc- The problem we have on the Repub- ation of amendments that we can all tion. It was the final straw in a long lican side is we have not had a chance agree on advance the cause of consid- history of blocking the President’s to have amendments. I don’t have the ering amendments? nominees. Doing nothing was no longer charts in here, but earlier this morning I am going to continue to work with an option. It was time to rein in the I had charts here to show historically my friend from Oklahoma—and we are unprecedented abuse of the filibuster, every time this comes up, we have a good friends and we work together and I am relieved the Senate took ac- number of amendments that the minor- well. He is right. I am going to con- tion today. ity has—whether the minority happens tinue to work toward an agreement f to be the Democrats or Republicans. that will enable us to proceed with ad- ditional amendments on this bill. LEGISLATIVE SESSION All we want to do is to consider these amendments. This would not be the first time this Yesterday I said I don’t think we will kind of a problem has happened on a NATIONAL DEFENSE AUTHORIZA- be able to do it, but I am going to at- Defense authorization bill. In 2008, one TION ACT FOR FISCAL YEAR tempt to come today—or yesterday, I Senator objected to cleared amend- 2014—Continued said tomorrow—with 25 amendments ment packages and to bringing up amendments. As a result, we were able Mr. REID. Madam President, I ask that all of the Republicans have said to have only two rollcall votes and unanimous consent that notwith- they would not object to and we would adopted only 9 amendments—all of standing cloture having been invoked say these are the ones we would like to which were agreed to before the objec- on the Millett nomination, the Senate have considered. Of those, assuming tion was raised. Then, as now, the ob- resume legislative session and consid- the Democrats had 25 also, the most we jection did not result in more amend- eration of S. 1197; that the time until 4 would have up for consideration would ments being adopted but, rather, in al- p.m. be equally divided and controlled be maybe 20, probably less than that, most no amendments being adopted at between Chairman LEVIN and Ranking because historically that is the way it all. In 2008, we invoked cloture and pro- Member INHOFE or their designees, is. ceeded with the bill with virtually no with the chairman controlling the last I have given the majority the 25 Senate amendments—a result which half of the time; that at 4 p.m., the amendments we would like to have was less than ideal, but at least it en- Senate proceed to vote on the motion considered, and I made the statement abled us to enact a National Defense to invoke cloture on S. 1197, the De- yesterday—and I want to repeat it Authorization Act that year. partment of Defense authorization bill; today—that now that we have agreed on a list, if we can have these amend- We must pass a national defense au- that if cloture is invoked, notwith- thorization bill. If we fail to do so, we standing cloture having been invoked, ments considered on the floor, then I would be a very strong supporter of will be letting down our men and the Senate proceed to vote on S. Con. women in uniform and failing to per- Res. 28; further, if cloture is invoked on this bill. However, after going through the form one of Congress’ most basic du- S. 1197, the second-degree amendment work of coming down to these amend- ties—providing for the national de- filing deadline be 5 p.m. today; finally, ments—and that is not an easy thing to fense. that if cloture is not invoked on S. do—if we are rejected and we are not As is the case every year, if we fail to 1197, the Senate proceed to vote on going to be able to have consideration enact this bill, our troops will not get adoption of S. Con. Res. 28. the full amount of compensation to The PRESIDING OFFICER. Is there of these 25 amendments, I would vote in opposition to cloture to go to the which they are entitled. If we fail to objection? act, the Department’s authority to pay Without objection, it is so ordered. bill. out combat pay, hardship duty pay, The clerk will report the bill by title. The PRESIDING OFFICER. The Sen- The assistant legislative clerk read ator from Michigan. special pay for nuclear-qualified serv- as follows: Mr. LEVIN. Madam President, we icemembers, enlistment and reenlist- will soon vote on whether to invoke ment bonuses, incentive pay for crit- A bill (S. 1197) to authorize appropriations for fiscal year 2014 for military activities of cloture on S. 1197, the National Defense ical specialties, assignment incentive the Department of Defense, for military con- Authorization Act for Fiscal Year 2014. pay, and accession and retention bo- struction, and for defense activities of the This bill was reported out of the Armed nuses for critical specialties will expire Department of Energy, to prescribe military Services Committee with a strong bi- on December 31. personnel strengths for such fiscal year, and partisan vote of 23 to 3. We have en- After that date, we will have troops for other purposes. acted a National Defense Authorization in combat who will not get combat Pending: Act every year for more than 50 years, pay. We will lose some of our most Reid (for Levin/Inhofe) Amendment No. and it is critically important that we highly skilled men and women with 2123, to increase to $5,000,000,000 the ceiling do so again this year. specialties that we vitally need. Not on the general transfer authority of the De- We spent all day yesterday debating only will we be shortchanging our sol- partment of Defense. two amendments addressing sexual as- diers, sailors, airmen, and marines, but Reid (for Levin/Inhofe) Amendment No. 2124 (to Amendment No. 2123), of a perfecting sault in the military, but we have not we will be denying our military serv- nature. been allowed to vote on them. There ices critical authorities they need to Reid motion to recommit the bill to the was opposition on the other side to vot- recruit and retain high-quality service- Committee on Armed Services, with instruc- ing even on those two amendments members, and to achieve their force-

VerDate Mar 15 2010 04:34 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.037 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8438 CONGRESSIONAL RECORD — SENATE November 21, 2013 shaping objectives as they draw down Mr. MARKEY. Mr. President, the Equality and Justice—they are two their end strengths. Gillibrand amendment would address sides of the same coin. They walk hand That is not all. If we fail to enact an issue that is fundamental to who we in hand. this bill, school districts all over the are as Americans: ensuring justice for In the United States, one of the fun- United States that rely on supple- the men and women who serve in our damental precepts of our criminal jus- mental impact aid to help them edu- military. tice system is an independent pros- cate military children will no longer When brave young men and women ecutor. The authority to charge some- receive that money. If we fail to enact enlist in the armed services, they do so one with a crime is an awesome power. this bill, the Department of Defense to defend our country and our values. Exercised improperly, an innocent per- will not be able to begin construction Yet those values are being undermined son can be forced to endure a trial or a on any new military construction by the problem of sexual assault in the criminal can go unpunished, free to projects in the coming year. That military. harm their next victim. Under the Code means our troops won’t get the bar- Over the past decades, our military of Military Justice, that critical pros- racks, ranges, hospitals, laboratories, has expanded equality. I am proud that ecutorial decision is made by a com- and other support facilities they need all of our services recognize that manding officer—someone often in to support operational requirements, women have a vital role to play in the both the victim’s and the alleged per- conduct training, and maintain equip- military, including in combat. I whole- petrator’s chain of command—and, ment. It means that military family heartedly endorse, after years of de- typically, not someone trained in the housing will not receive needed up- bate, the recognition that being openly law. If——and statistically in sexual grades. gay or lesbian has no bearing on one’s assault cases it is rare—if the com- If we fail to enact this bill, the exist- ability to serve. manding officer determines to try a ing military land withdrawals will ex- These advances in equality in our charge by court-martial, the same pire at China Lake Naval Air Weapons military are vitally important—they commander also picks the jurors who Station and Chocolate Mountain Aerial make our military stronger and all of will decide the case. I have no doubt Gunnery Range. That means our mili- us safer—but they are an empty prom- that most commanders try their best tary will have to cease operations on ise without access to justice. And when to evaluate charges of sexual assault those vital test and training ranges, men and women are the victims of sex- but they are inherently conflicted and losing critical testing and training ca- ual assault in the military, they are compromised when we force them to pabilities that they relied on for the often deprived of justice. make the call. We do these com- last 25 years. We all know the shameful numbers. If we fail to enact this bill, the De- An estimated 26,000 cases of unwanted manders a disservice by requiring them partment of Defense will run out of sexual contact and sexual assaults oc- to solve this inexorable conflict. money for the construction of the first curred in 2012—a 37 percent increase As an impressive group of law profes- ship of the Navy’s new class of aircraft from 2011. But the statistics that trou- sors, many of whom are veterans, and carriers, the Gerald R. Ford. That ble me most are that 50 percent of fe- all of whom are experts in military jus- means the Navy will have to issue a male victims did not report the crime tice wrote: stop work order on the construction of because they believed that nothing Commanders play a decisive role in mili- the Ford, requiring them to lay off would be done. And 62 percent of vic- tary operations and must likewise play a central role in reducing sexual assault and workers and requiring a break in pro- tims who did report a sexual assault maintaining good order and discipline gen- duction that will add hundreds of mil- perceived some form of professional, erally. That role, however, need not extend lions, if not billions, of dollars not only social, or administrative retaliation as to the relatively narrow and thoroughly to the cost of the Ford, but also to the a result. legal arena of criminal prosecution. Contem- cost of follow-on aircraft carriers. And the tragedy is—they’re right. porary norms of procedural justice require It goes on and on. If we fail to enact The Defense Advisory Committee on that attorneys, not commanding officers, this bill, we will enact none of the far- Women in the Services spoke to this make decisions to prosecute. As a result, we reaching reforms we need to address on same problem and found: ‘‘Unfortu- recommend that the decision to prosecute a the problem of sexual assault in the nately, recent events have shown these member of the armed forces for criminal military. Already we have been fears to be justified, and may also have conduct . . . be made by an independent pros- ecutor outside the chain of command. blocked in our effort to clear a package communicated to perpetrators that of manager’s amendments, including they need not fear being held account- And, they added, personnel who serve Senator BOXER’s amendment reforming able for their actions.’’ as court-martial jurors should be cho- the article 32 process. No wonder then, that the advisory sen by a court-martial administrator Now, we are not only going to lose committee voted in favor of removing rather than a commander, ‘‘to avoid important reforms, but there are two the decision whether to prosecute sex- concerns about jury-stacking and un- dozen measures that are in the bill ual assaults and other serious crimes lawful command influence.’’ which address the problem of sexual as- from the chain of command. That is precisely what the Gillibrand sault. If we don’t adopt this bill, we The United States was founded on amendment does. It vests the authority won’t be providing a Special Victims’ twin ideals: equality and justice. And to prosecute serious criminal charges Counsel for victims of sexual assault. much of our history has involved the with experienced judge advocate gen- We won’t make retaliation for report- struggle to expand equal treatment eral officers who can evaluate the evi- ing a sexual assault a crime under the under the law and access to justice. dence with a clear, cold eye and deter- Uniform Code of Military Justice. If we When we expand equality, we also pro- mine whether charges should be tried. don’t adopt this bill, we won’t require vide access to justice. That independence is the only way we commanders to immediately refer all I think of the Civil Rights Act of 1964 can assure both the victim and the al- allegations of sexual assault to profes- which made it unlawful for employers leged perpetrator of justice—equal jus- sional criminal investigators. We won’t to discriminate on the basis of race, tice under the law. That’s what this restrict the authority of senior officers sex, religion, or national origin and country is all about. That’s why so to modify the findings and sentence of created the Equal Employment Oppor- many young men and women volunteer court-martial convictions, and we tunity Commission to enforce the law. to serve. And we owe them nothing won’t require higher level review of Congress recognized that there is no less. any decision not to prosecute allega- equality without justice. I think back Ms. COLLINS. Madam President, tions of sexual assault. to the days when white male juries today I rise in support of the fiscal We have already failed our men and were the rule in virtually every court- year 2014 National Defense Authoriza- women in uniform by failing to end se- house in this country. Yet finally, the tion Act and to address significant questration. We should not fail them Supreme Court in Norris v. Alabama challenges facing the Department of again by failing to enact the many and Taylor v. Louisiana said that no Defense. critical measures included in the Na- one could be assured of a fair trial un- The bill approved by the Armed Serv- tional Defense Authorization Act for less women and African Americans ices Committee includes necessary pro- Fiscal Year 2014. served on their juries. visions to take care of our troops, such

VerDate Mar 15 2010 03:05 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.042 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8439 as a 1-percent pay raise and the main- billion over 10 years. Reducing unnec- contrast, the military services have tenance of affordable health care fees essary overhead is something we must provided cash vouchers totaling more to avoid a detrimental effect on mili- insist upon in these fiscally con- than $15 million per year to new re- tary retirees and their families. strained times. cruits to purchase athletic footwear, I thank Chairman LEVIN and Ranking Increasing the authorization for the without any preference for domesti- Member INHOFE for increasing author- Department of Defense Inspector Gen- cally manufactured products. Why izations for the shipbuilding budget, in- eral by $36 million will allow the office should DOD single out athletic foot- cluding an additional $100 million to to perform additional oversight and wear to be treated differently from support the procurement of a tenth help identify waste, fraud, and abuse in dress shoes or combat boots? DDG–51 destroyer under the current DOD programs. Historically, DOD IG Another amendment with Senator multiyear procurement contract. I am reviews have resulted in a return on in- BLUMENTHAL would require the Attor- pleased that the Defense Appropria- vestment of nearly $11 dollars for every ney General to jointly prescribe regula- tions Subcommittee on which I serve $1 appropriated. tions to implement prescription drug has also included this critical $100 mil- The bill wisely rejects the Presi- take-back programs with the Secre- lion. dent’s proposal to authorize a new Base This ship is needed in the fleet to Realignment and Closure round in 2015 taries of Defense and Veterans Affairs. maintain the robust forward presence and prohibits the authorization of an- We know prescription drug abuse is a our Nation requires to protect trade other BRAC round at least until the major factor in military and veteran routes, keep the peace, and assist when Department submits a review of excess suicides, which are occurring at an tragedy strikes. overseas military facilities. alarming rate. Unfortunately, 349 When tensions flared in Syria, it was This is the right way to proceed be- servicemembers died from suicide in Navy destroyers that were positioned cause the GAO has found that the pre- 2012—more than the number of off the coast. Following the devasta- vious BRAC round has never produced servicemembers who lost their lives in tion of Typhoon Haiyan in the Phil- the amount of savings that were prom- combat in Afghanistan last year. Ac- ippines, two U.S. Navy destroyers were ised when it was originally sold to Con- cording to the VA, 22 veterans commit among the first ships on station. gress. suicide each day based on data col- Taking advantage of the opportunity While this is an excellent bill, I hope lected from more than 21 States. to procure this ship will lock addi- to offer several amendments to make Last year, the Senate adopted this tional savings on a multiyear procure- this important bill even stronger in ad- amendment by unanimous consent. Re- ment that has already saved taxpayers dressing the national security chal- grettably, the provision was eliminated $1.5 billion compared to procuring the lenges facing our country. at the urging of the Drug Enforcement ships individually. The first amendment I intend to Agency with assurances that the agen- I am also pleased the Armed Services offer, with my colleague Senator KING, Committee incorporated many provi- has been requested by the Navy to sup- cy was nearing completion of regula- sions I support to combat sexual as- port the final settlement of the A–12 tions that would address the concern. sault, which is one of the greatest chal- case. The Navy has reached an agree- One year later, we are still receiving lenges faced by the Department of De- ment with Boeing and General Dynam- written assurances from the DEA that fense for a decade. ics to settle a decades-old lawsuit con- they are ‘‘almost ready’’ to complete I first raised my concern about sex- cerning the cancellation of the A–12 these regulations. In the meantime, ual assaults in the military with Gen- aircraft. prescription drug abuse continues to eral George Casey in 2004. To say his Our amendment would allow the afflict our service men and women and response was disappointing would be an Navy to accept $400 million in in-kind our veterans. We cannot sit idly by for understatement. I am convinced that if payments from industry to satisfy out- another year waiting for the bureauc- the military had heeded the concern I standing Navy claims related to the A– racy to address this matter of life and raised then, this terrible problem 12 legal dispute between the Navy and death. would have been addressed much soon- two contractors, Boeing and General Finally, Senator KING and I will offer er, saving many individuals the trau- Dynamics. All parties—the Navy, the an amendment to allow businesses that ma, pain, and injustice they endured. Department of Justice, Boeing, and are located on a closed military base to While I will address this issue at General Dynamics—support the settle- draw employees from the local commu- greater length during consideration of ment. nity to meet the 35-percent require- this bill, I want to highlight three of If this amendment is adopted, the ment for the purposes of qualifying as the most important changes included Navy will receive $400 million worth of a HUBZone. in the bill. needed military hardware effectively First, the bill limits the authority of for free at a time when it is facing in- Congress previously passed a law to a convening authority to overturn or credible fiscal challenges from seques- assist communities affected by pre- modify the findings of a court-martial tration. vious BRAC rounds by allowing former in sexual assault cases. Second, the bill In addition, taxpayers benefit be- bases to be eligible for HUBZone sta- requires the military to provide an at- cause there is no guarantee the govern- tus, which provides preferences for cer- torney dedicated to the interests of ment will ultimately prevail in the on- tain Federal contracting opportunities. survivors of sexual assaults to provide going litigation. If the government Unfortunately, the law limits the ge- legal advice and assistance when sur- does not prevail, taxpayers may not ographic boundaries of a BRAC-related vivors need such assistance the most. get anything. HUBZone to be the same as the bound- Third, a servicemember convicted of The second amendment I intend to aries of the base that was closed, which sexual assault would be discharged file would require athletic footwear makes it difficult or impossible for from the military. purchased for new military recruits to businesses to qualify for the HUBZone I also support the provisions in the be domestically manufactured. Cur- program. bill to maintain the readiness of our rently, DOD is circumventing the in- Our amendment would allow employ- military services by authorizing $1.8 tent of the law known as the Berry ees that live in nearby census tracts to billion to address readiness problems Amendment through the use of cash al- count toward the 35 percent require- caused by fiscal year 2013 sequestra- lowances that provide no preference for ment and extend the period of eligi- tion. This bill also directs the Pen- domestically manufactured footwear. bility from 5 years to 10 years so Con- tagon to rein in unnecessary or waste- This amendment, which is also cospon- gress’ original intent can be fulfilled. ful spending while rejecting proposals sored by Senator KING, would align the that purport to save money but that procurement policy for athletic foot- In addition to these amendments, I actually cause more harm than good. wear with other footwear and clothing intend to cosponsor several others to Two important provisions require provided to servicemembers. further improve the bill. DOD to develop a plan to reduce the In the last year, the Defense Logis- Once again, I will support Senator number of General and Flag officer bil- tics Agency has awarded more than $36 FEINSTEIN’S amendment to make clear lets and to streamline management million in contracts for combat boots that a U.S. citizen or legal permanent headquarters in an effort to save $100 and dress shoes made in America. In resident arrested in the U.S. cannot be

VerDate Mar 15 2010 04:34 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.072 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8440 CONGRESSIONAL RECORD — SENATE November 21, 2013 detained indefinitely without charge or not a political or partisan amendment McCaskill-Ayotte amendment #2170; that trial. but yet it is still being denied consider- there be two minutes equally divided in be- I am also cosponsoring an amend- ation. tween the votes; upon disposition of the McCaskill-Ayotte amendment and prior to ment with Senator PRYOR to make sure For these reasons and for the ob- the cloture vote, the following amendments that our dual status National Guard struction by the Senate majority lead- be in order to the bill and called up, en bloc: technicians are treated on an equal er who accuses the minority of being Inhofe #2031 footing as our Active-Duty personnel. obstructionist, I oppose ending debate Chambliss #2038 If our Active-Duty personnel are ex- on the National Defense Authorization Graham #2062 empted from sequestration, then the Act. Collins #2064 National Guard dual status techni- Mr. INHOFE. Would the Chairman Thune #2093 cians—who are effectively the equiva- yield? Flake #2263 lent of Active-Duty military in the Na- Mr. LEVIN. I would be happy to Kirk #2287 tional Guard—should be exempt as yield. Johanns #2348 The PRESIDING OFFICER. All time Moran #2365 well. McCain #2489 Let me close by thanking Chairman has expired. Mr. INHOFE. Parliamentary inquiry? Lee #2453 LEVIN and Ranking Member INHOFE for Portman #2461 their hard work in putting together a We were to be given equal time for the Cruz #2511 bipartisan bill that addresses the needs last 10 minutes. I had 3 minutes. All I Gillibrand #2283 of our military and our national secu- want to do is ask a question. Am I enti- Warner #2415 rity. tled to do that? Heinrich #2243 Mr. CRUZ. Madam President, I Mr. LEVIN. I ask unanimous consent Durbin #2278 strongly oppose efforts to close down that be allowed. Kaine #2424 debate on the National Defense Au- The PRESIDING OFFICER. Without Boxer #2081 Hagan #2391 thorization Act. objection, it is so ordered. Mr. INHOFE. Everything my Chair- Wyden #2282 It is a shame that despite being on Blumenthal #2121 this bill for four days, we have only man has said I agree with. He is mak- ing my speech for me. It is critical we Manchin #2251 had two rollcall votes for amendments. Coons #2442 Over 400 amendments have been filed get the bill. All I am saying is I made McCaskill #2171; and and we only found time to vote twice. the statement yesterday that Repub- Levin #2204 This is unacceptable. While I voted licans are entitled to some amend- That these amendments be agreed to, en against this legislation in committee ments. I am asking now—we were able bloc; and the motion to reconsider be consid- because it clearly and significantly ig- to get it down to 25 amendments to be ered made and laid upon the table with no nored the budget caps put in place by considered. Will the majority consider intervening action or debate; that upon dis- sequestration, there are significant these 25 amendments which can be position of these amendments, the Senate provisions worthy of support. done in half a day? Would he consider proceed to the cloture vote as provided under The Senate worked in a bipartisan that? the previous order. manner with leadership from the junior The PRESIDING OFFICER. The Sen- f Senator from New York to consider an ator from Michigan. amendment to reform and modernize Mr. LEVIN. Madam President, there our military justice system. This are no Democrat amendments on his CLOTURE MOTION amendment was carefully crafted in list. The PRESIDING OFFICER. All time Mr. INHOFE. I said 25 amendments. anticipation that it would receive a has expired. The cloture motion having This is our list. You come up with your roll call vote on the Senate floor and I been presented under rule XXII, the list. proudly cosponsored and supported this Chair directs the clerk to read the mo- Mr. LEVIN. We cannot agree with a amendment. tion. The junior Senator from Indiana had list of amendments, many of which are not agreed to on this side, many of The assistant legislative clerk read an amendment to help military reserv- as follows: ists and the National Guard be recog- which would be filibustered on this nized for their service and qualify for side, which would result in just making CLOTURE MOTION it impossible for us to get to a Defense veterans’ preference in hiring for fed- We, the undersigned Senators, in accord- eral jobs. His amendment deserves con- authorization bill conclusion. ance with the provisions of rule XXII of the sideration and a vote. I ask unanimous consent that a Standing Rules of the Senate, hereby move Democrats and Republicans in the unanimous consent request—which I to bring to a close debate on S. 1197, a bill to Armed Services Committee adopted was going to make but I will with- authorize appropriations for fiscal year 2014 several of my amendments to this bill hold—that lists 26 amendments, half for military activities of the Department of Democratic, half Republican, that I Defense, for military construction, and for to protect the religious liberty of our defense activities of the Department of En- troops serving here in the United was going to ask consent be adopted because they have been cleared—which ergy, to prescribe military personnel States and overseas. The Armed Serv- strengths for such fiscal year, and for other ices Committee also accepted my pro- I understand will be objected to so I purposes. posals to prohibit a base realignment will not make the unanimous consent Harry Reid, Carl Levin, Richard J. Dur- and closure commission until after the request—be printed in the RECORD. bin, Tim Kaine, Dianne Feinstein, Kay Department of Defense conducts an ex- There being no objection, the mate- R. Hagan, Barbara A. Mikulski, Joe haustive review of our overseas bases, rial was ordered to be printed in the Donnelly, Mark Udall, Claire McCas- RECORD, as follows: kill, Christopher A. Coons, Jeanne Sha- and to study how the entire United heen, Mark R. Warner, Jack Reed, States should be protected against LEVIN AMENDMENTS ON DOD AUTH REQUEST I ask unanimous consent that prior to the Patty Murray, Bill Nelson, Angus S. threats from a missile launch. King, Jr. Also, I am seeking an up-or-down vote on the motion to invoke cloture on S. 1197, the motion to recommit be withdrawn; The PRESIDING OFFICER. By unan- vote or an acceptance of an amendment the pending Levin amendment #2123 be set I filed to authorize up to a $10 million imous consent the mandatory quorum aside for Senator Gillibrand, or designee, to call has been waived. reward for any information regarding offer amendment #2099 relative to sexual as- the terrorist attacks against Ameri- sault; that the amendment be subject to a The question is, Is it the sense of the cans in Benghazi, Libya. I have been relevant side-by-side amendment from Sen- Senate that debate on S. 1197, an origi- very flexible in accepting edits and ators McCaskill and Ayotte, amendment nal bill to authorize appropriations for changes from the majority in order to #2170; that no second degree amendments be fiscal year 2014 for military activities speed this process along. in order to either of the sexual assault of the Department of Defense, for mili- The same goes for my amendment to amendments; that each of these amendments tary construction, and for defense ac- be subject to a 60 affirmative vote threshold; protect the Mount Soledad veterans’ the Senate proceed to vote in relation to the tivities of the Department of Energy, memorial in California. In fact, the Gillibrand amendment #2099; that upon dis- to prescribe military personnel senior Senator from California filed position of the Gillibrand amendment, the strengths for such fiscal year, and for the exact same legislation. So this is Senate proceed to vote in relation to the other purposes, be brought to a close?

VerDate Mar 15 2010 04:55 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.072 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8441 The yeas and nays are mandatory The assistant legislative clerk read cessed or adjourned until 12:00 noon on Mon- under the rule. as follows: day, December 9, 2013, or such other time on that day as may be specified by its Majority The clerk will call the roll. A concurrent resolution (S. Con. Res. 28) Leader or his designee in the motion to re- The assistant legislative clerk called providing for a conditional adjournment or cess or adjourn, or until the time of any re- the roll. recess of the Senate and an adjournment of assembly pursuant to section 2 or section 3 Mr. DURBIN. I announce that the the House of Representatives. of this concurrent resolution, whichever oc- Senator from Massachusetts (Mr. MAR- The PRESIDING OFFICER. Under curs first; and that when the House adjourns KEY) and the Senator from Virginia the previous order, the question is on on any legislative day from Thursday, No- (Mr. WARNER) are necessarily absent. agreeing to the concurrent resolution. vember 21, 2013, through Tuesday, November Mr. THUNE. The following Senators Mr. REID. I ask for the yeas and 26, 2013, on a motion offered pursuant to this are necessarily absent: the Senator nays. concurrent resolution by its Majority Leader from Texas (Mr. CRUZ), the Senator The PRESIDING OFFICER. Is there a or his designee, it stand adjourned until 2:00 from Texas (Mr. CORNYN), and the Sen- sufficient second? p.m. on Monday, December 2, 2013, or until ator from Nevada (Mr. HELLER). There appears to be a sufficient sec- the time of any reassembly pursuant to sec- Further, if present and voting, the tion 2 of this concurrent resolution, which- ond. There is a sufficient second. Senator from Texas (Mr. CORNYN) ever occurs first. The clerk will call the roll. SEC. 2. The Majority Leader of the Senate would have voted ‘‘nay.’’ The legislative clerk called the roll. The PRESIDING OFFICER (Mr. and the Speaker of the House, or their re- Mr. DURBIN. I announce that the spective designees, acting jointly after con- COONS). Are there any other Senators Senator from Montana (Mr. TESTER) sultation with the Minority Leader of the in the Chamber desiring to vote? and the Senator from Virginia (Mr. Senate and the Minority Leader of the The yeas and nays resulted—yeas 51, House, shall notify the Members of the Sen- nays 44, as follows: WARNER) are necessarily absent. Mr. THUNE. The following Senators ate and House, respectively, to reassemble at [Rollcall Vote No. 245 Leg.] are necessarily absent: the Senator such place and time as they may designate YEAS—51 if, in their opinion, the public interest shall from New Hampshire (Ms. AYOTTE), the Baldwin Gillibrand Mikulski warrant it. Baucus Hagan Murphy Senator from Texas (Mr. CORNYN), the SEC. 3. After the House reassembles pursu- Begich Harkin Murray Senator from Texas (Mr. CRUZ), the ant to the first section of this concurrent Bennet Heinrich Nelson Senator from Arizona (Mr. FLAKE), and resolution, the Majority Leader of the Sen- Blumenthal Heitkamp Pryor the Senator from Nevada (Mr. HELLER). ate after consultation with the Minority Booker Hirono Reed Further, if present and voting, the Leader of the Senate, shall notify the Mem- Boxer Johnson (SD) Rockefeller bers of the Senate to reassemble whenever, Brown Kaine Sanders Senator from Texas (Mr. CORNYN) Cantwell King Schatz would have voted ‘‘nay.’’ in his opinion, the public interest shall war- rant it. Cardin Klobuchar Schumer The PRESIDING OFFICER. Are there Carper Landrieu Shaheen The PRESIDING OFFICER. The ma- Casey Leahy Stabenow any other Senators in the Chamber de- jority leader. Coons Levin Tester siring to vote? Donnelly Manchin Udall (CO) The result was announced—yeas 51, f Durbin McCaskill Udall (NM) Feinstein Menendez Warren nays 42, as follows: EXECUTIVE SESSION Franken Merkley Whitehouse [Rollcall Vote No. 246 Leg.] YEAS—51 NAYS—44 NOMINATION OF PATRICIA ANN Alexander Flake Paul Baldwin Hagan Mikulski Baucus Harkin Murphy MILLETT TO BE UNITED STATES Ayotte Graham Portman CIRCUIT JUDGE FOR THE DIS- Barrasso Grassley Reid Begich Heinrich Murray Blunt Hatch Risch Bennet Heitkamp Nelson TRICT OF COLUMBIA CIRCUIT— Blumenthal Hirono Pryor Boozman Hoeven Roberts Continued Booker Johnson (SD) Reed Burr Inhofe Rubio Chambliss Isakson Boxer Kaine Reid Mr. REID. Mr. President, I ask for Scott Brown King Rockefeller Coats Johanns Sessions regular order regarding the Millett Coburn Johnson (WI) Cantwell Klobuchar Sanders Shelby nomination. Cochran Kirk Cardin Landrieu Schatz Thune Collins Lee Carper Leahy Schumer The PRESIDING OFFICER. Regular Toomey Corker McCain Casey Levin Shaheen order is requested. Crapo McConnell Vitter Coons Manchin Stabenow The Senate resumes executive ses- Wicker Durbin Markey Udall (NM) Enzi Moran sion to consider the Millett nomina- Fischer Murkowski Wyden Feinstein McCaskill Warren Franken Menendez Whitehouse tion, postcloture. NOT VOTING—5 Gillibrand Merkley Wyden The Senator from Arizona. Cornyn Heller Warner NAYS—42 Mr. MCCAIN. Mr. President, I ask Cruz Markey Alexander Fischer Murkowski unanimous consent to address the Sen- The PRESIDING OFFICER. On this Barrasso Graham Paul ate as in morning business. vote, the yeas are 51, the nays are 44. Blunt Grassley Portman The PRESIDING OFFICER. Without Three-fifths of the Senators duly cho- Boozman Hatch Risch objection, it is so ordered. Burr Hoeven Roberts sen and sworn not having voted in the Chambliss Inhofe Rubio CHANGING SENATE RULES affirmative, the motion is not agreed Coats Isakson Scott Mr. MCCAIN. Mr. President, the to. Coburn Johanns Sessions events and votes that took place today The majority leader. Cochran Johnson (WI) Shelby Mr. REID. Mr. President, I enter a Collins Kirk Thune are probably as historic as any votes Corker Lee Toomey motion to reconsider the vote by which that I have seen taken in the years I Crapo McCain Udall (CO) have been here in the Senate. cloture was not invoked on S. 1197. Donnelly McConnell Vitter The PRESIDING OFFICER. The mo- Enzi Moran Wicker The majority, with only majority tion is entered. votes—the same as ObamaCare passed NOT VOTING—7 with only Democratic votes—changed f Ayotte Flake Warner the rules of the Senate in a way that is Cornyn Heller PROVIDING FOR A CONDITIONAL Cruz Tester detrimental, in my view, not only to ADJOURNMENT OR RECESS OF the Senate, not only to those of us in The concurrent resolution (S. Con. THE SENATE AND AN ADJOURN- the minority party, but great damage Res. 28) was agreed to, as follows: MENT OF THE HOUSE OF REP- to the institution itself. RESENTATIVES S. CON RES. 28 One of the men who served in this Mr. REID. I move to proceed to the Resolved by the Senate (the House of Rep- Senate for a long, long time, whom we resentatives concurring), That when the Sen- respected as much or more than any consideration of S. Con. Res. 28 as pro- ate recesses or adjourns on any day from vided for under the previous order. Thursday, November 21, 2013, through Fri- other leader—he certainly knew the The PRESIDING OFFICER. The day, December 6, 2013, on a motion offered Senate rules more than any of the rest clerk will report the concurrent resolu- pursuant to this concurrent resolution by its of us combined—was one Robert Byrd. tion by title. Majority Leader or his designee, it stand re- Three months before his death, Robert

VerDate Mar 15 2010 04:34 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.045 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8442 CONGRESSIONAL RECORD — SENATE November 21, 2013 Byrd wrote this letter. Three months less strenuous ways to accomplish the same made a decision if they didn’t get every before his death, he said: end. If the rules are abused, and Senators ex- judge they wanted, every judge they wanted, haust the patience of their colleagues, such then they were going to make the Senate During my half-century of service in var- actions can invite draconian measures. But just like the House of Representatives. We ious leadership posts in the U.S. Senate—in- those measures themselves can, in the long would in fact have a unicameral legislature cluding Minority Leader, Majority Leader, run, be as detrimental to the role of the in- where a simple majority would determine Majority Whip and now President Pro Tem- stitution and to the rights of the American whatever happens. In the House of Rep- pore—I have carefully studied this body’s people as the abuse of the rules. resentatives today, Pelosi’s the leader. Prior history, rules, and precedents. Studying I hope Senators will take a moment to re- to that, it was Hastert. Whatever they want- those things leads one to an understanding call why the devices of extended debate and ed, Hastert or Pelosi, they get done. The of the Constitutional Framers’ vision for the amendments are so important to our free- rules over there allow that. The Senate was Senate as an institution, and the subsequent doms. The Senate is the only place in gov- set up to be different. development of the Senate rules and prece- ernment where the rights of a numerical mi- That was the genius, the vision of our dents to protect that institutional role. nority are so protected. Majorities change Founding Fathers, that this bicameral legis- This is important, I say to my col- with elections. A minority can be right, and lature which was unique, had two different leagues. minority views can certainly improve legis- duties. One was as Franklin said, to pour the He said: lation. As U.S. Senator George Hoar ex- coffee into the saucer and let it cool off. plained in his 1897 article, ‘‘Has the Senate That’s why you have the ability to filibuster I am sympathetic to frustrations about the Degenerated?’’, the Constitution’s Framers and to terminate filibuster. They wanted to Senate’s rules, but those frustrations are intentionally designed the Senate to be a de- get rid of all of that, and that’s what the nu- nothing new. I recognize the need for the liberative forum in which ‘‘the sober second clear option was all about. Senate to be responsive to changing times, thought of the people might find expres- Daschle: And is there any likelihood that and have worked continually for necessary sion.’’ we’re going to face circumstances like that reforms aimed at modernizing this institu- Extended deliberation and debate—when again? tion, using the prescribed Senate procedure employed judiciously—protect every Sen- Reid: As long as I am the Leader, the an- for amending the rules. ator, and the interests of their constituency, swer’s no. However, I believe that efforts to change or and are essential to the protection of the lib- I repeat. He said, ‘‘As long as I’m the reinterpret the rules in order to facilitate ex- erties of a free people. Leader, the answer’s no.’’ peditious action by a simple majority, while With kind regards, I am I think we should just forget that. That is popular, are grossly misguided. While I wel- Sincerely yours, come needed reform, we must always be a black chapter in the history of the Senate. ROBERT C. BYRD. I hope we never, ever get to that again be- mindful of our first responsibility to pre- cause I really do believe it will ruin our serve the institution’s special purpose. Mr. MCCAIN. Mr. President, I wish Robert Byrd had been here on the floor country. I said during that debate that in all Finally, at the end, he said: today. I wish Robert Byrd had seen the my years in government, that was the most Extended deliberation and debate—when travesty that just took place on a important thing I ever worked on. employed judiciously—protect every Sen- party-line vote. And when I use the This gives new meaning as to where ator, and the interests of their constituency, word ‘‘hypocrisy,’’ I use it guardedly. I you stand on an issue as opposed to and are essential to the protection of the lib- where you sit. This hypocrisy is not erties of a free people. do not use that word with abandon. But this is another broken promise—an- confined to Members of the Senate. Mr. President, I ask unanimous con- Senator Barack Obama, former Mem- sent that this letter by Robert Byrd be other broken promise. I read from an article entitled ber of this body, on April 1, 2005, for the printed in the RECORD. ‘‘FLASHBACK: Reid in 2008: ‘As Long benefit especially of our newer Mem- There being no objection, the mate- As I Am The Leader’ We Will Not Have bers on the Democratic side who were rial was ordered to be printed in the a Nuclear Option.’’ not here at the time and do not know RECORD, as follows: Sen. Harry Reid said in a 2008 interview what we went through to try to stop it U.S. SENATE, that as long as he was the Senate Majority when it was being proposed by this side COMMITTEE ON APPROPRIATIONS, Leader, the nuclear option would never hap- of the aisle, then-Senator Barack Washington, DC, February 23, 2010. pen under his watch. Obama said—who congratulated the DEAR COLLEAGUE: During my half-century ‘‘As long as I am the Leader, the answer’s Senate today on our action. He said: of service in various leadership posts in the no,’’ he said. ‘‘I think we should just forget The American people sent us here to be U.S. Senate—including Minority Leader, Ma- that. That is a black chapter in the history their voice. They understand that those jority Leader, Majority Whip and now Presi- of the Senate. I hope we never, ever get to voices can at times become loud and argu- dent Pro Tempore—I have carefully studied that again because I really do believe it will mentative, but they also hope we can dis- this body’s history, rules and precedents. ruin our country.’’ agree without being disagreeable. Studying those things leads one to an under- standing of the Constitutional Framers’ vi- He was talking about 2005 when this Then-Senator Barack Obama went on sion for the Senate as an institution, and the side of the aisle was in the majority to say: subsequent development of the Senate rules and there was an effort—which we were What they don’t expect is for one party, be and precedents to protect that institutional able to diffuse—in order to do exactly it Republican or Democrat, to change the role. what we did today. In 2008: rules in the middle of the game so that they I am sympathetic to frustrations about the Reid railed against Republicans who can make all of the decisions while the other Senate’s rules, but those frustrations are fought for the measure, saying it would lead party is told to sit down and keep quiet. nothing new. I recognize the need for the to a unicameral legislature and that the U.S. I ask my colleagues, what were we Senate to be responsive to changing times, Senate was purposefully set up by the just told to do today? and have worked continually for necessary Founding Fathers to have different rules He went on to say that the American reforms aimed at modernizing this institu- than the House of Representatives. Such a tion, using the prescribed Senate procedure people want less partisanship in this measure like the nuclear option, he said, town. But everyone in this Chamber for amending the rules. would ‘‘change our country forever.’’ knows that if the majority chooses to However, I believe that efforts to change or I am sorry to say, I agree with him. reinterpret the rules in order to facilitate ex- end the filibuster: peditious action by a simple majority, while I agree with what he said in 2008. Yet, on Thursday, on a nearly party-line If they choose to change the rules and put popular, are grossly misguided. While I wel- an end to the Democratic debate, then the come needed reform, we must always be vote of 52–48, the Democrats abruptly fighting and the bitterness and the gridlock mindful of our first responsibility to pre- changed the Senate’s balance of power. will only get worse. serve the institution’s special purpose. The Here is the full exchange I will read He went on to say: occasional abuse of the rules has been, at from. times, a painful side effect of what is other- Now, I understand the Republicans are get- Tom Daschle: What was the nuclear op- ting a lot of pressure to do this from factions wise the Senate’s greatest purpose—the right tion, and what likelihood is there that we’re to extended, or even unlimited, debate. outside the Chamber. But we need to rise going to have to face nuclear option-like above the ends-justifies-the-means men- If the Senate rules are being abused, it questions again? does not necessarily follow that the solution tality, because we’re here to answer to the is to change the rules. Senators are obliged This is an interview that the major- people, all of the people, not just the ones to exercise their best judgment when invok- ity leader had with the former major- that are wearing our particular party label. ing their right to extended debate. They also ity leader Tom Daschle. He went on to say: should be obliged to actually filibuster, that What the Republicans came up with was a If the right of open and free debate is is go to the Floor and talk, instead of finding way to change our country forever. They taken away from the minority party and the

VerDate Mar 15 2010 03:15 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.049 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8443 millions of Americans who ask us to be their done to this institution will be with us brought forth at this time three judges voice, I fear that already partisan atmos- for a long time. for the DC Circuit, the District of Co- phere in Washington will be poisoned to the I yield the floor. lumbia Circuit, the Federal Circuit. point where no one will be able to agree on The PRESIDING OFFICER (Mr. MAR- They are not needed. This country is fi- anything. KEY.) The Senator from Alabama. nancially broke. Even with the vacan- That does not serve anyone’s best in- Mr. SESSIONS. Mr. President, I want cies on the court today, with the 8 terests. It certainly is not what the pa- to thank Senator MCCAIN, because I re- judges they have, their average case- triots who founded this democracy had member very vividly Senator MCCAIN load per active judge is 149. The aver- in mind. was part of a group of 14 Senators who age caseload for all the judges in all of We owe the people who sent us here avoided this kind of occurrence. the circuits around the country is 383, more than that. We owe them much In 2005, I guess it was, right after almost 3 times, more than twice. My more. There are several other—in May President Bush took office, a group of circuit, the Eleventh Circuit, the aver- 2005, Senator REID also said: Senators, really the entire Democratic age caseload per judge is 778. They say If there was ever an example of an abuse of Conference, went into a retreat, as re- they are not asking for more judges; power, this is it. The filibuster is the last ported by the New York Times. I think they have been able to maintain that check we have against the abuse of power in Senator SCHUMER was the organizer of caseload. Washington. it, but the whole conference attended. They say: Well, this is such a hor- We just eliminated the filibuster, my Cass Sunstein, Laurence Tribe, Marcia rible, complex circuit. It is not a hor- dear friends, on nominees. Greenberger were their experts. They rible, complex circuit. That is not so. Then he went on to say in April of discussed what to do about President The judges take the whole summer off 2005: Bush’s new election and his ability to because they do not have sufficient The threat to change Senate rules is a raw appoint judges. They announced they caseloads to remain busy. Judges on abuse of power and will destroy the very were changing the ground rules of con- that circuit say they do not need any checks and balances our Founding Fathers firmation, and for the first time imme- more judges. They do not need any put in place to prevent absolute power by diately thereafter the Bush nominees more judges. any one branch of government. were filibustered systematically. He I have been the ranking Republican So, yes, I am upset. Yes, on several nominated a Mr. Gregory who had been on the courts subcommittee of the Ju- occasions we have gotten together on a nominated by President Clinton and diciary Committee and chairman of it bipartisan basis and prevented what ex- not confirmed. President Bush renomi- at times. The entire time I have been actly happened today. What exactly nated him in a bipartisan act. He was in the Senate I have been on that sub- happened today is not just a shift in promptly confirmed. committee one way or the other. I power to appoint judges. That, in itself, But I believe the very next 10 nomi- know how the caseloads are calculated, is something that is very important. nees were all filibustered, every one of weighted caseloads and actual case- But what we really did today and what them. We had never seen a real fili- loads. is so damning and what will last for a buster of any judges at that time. But That is why these judges were not long time, unless we change it, that they were changing the ground rules to confirmed, because we do not need could permanently change the unique commit systematic filibusters. They them. Not for some ideological pur- aspects of this institution, the Senate, filibustered virtually the first 10 judges pose. But the reason the President has is if only a majority can change the President Bush nominated. It went on insisted that they be appointed is an rules, then there are no rules. That is for weeks and months. ideological purpose, because he wants the only conclusion anyone can draw We brought up nominees every way to pack that court because he thinks from what we did today. we could. These were some fabulous he can impact regulatory matters for Suppose that in a few weeks the ma- nominees, Supreme Court Justices, years to come. But I would just say, jority does not like it that we object to people with high academic records. But President Bush tried to do the same thing. Senator GRASSLEY and I, who the motion to proceed: 51 votes. Sup- they were all blocked. It was some- had been opposing to expanding the cir- pose on cloture, they do not like hav- thing we had never seen before in the cuit, resisted President Bush’s ing those votes for cloture: 51 votes. Senate. There was great intensity of importunings to approve one of his My friends, we are approaching a slip- focus on it. It went on for quite a long pery slope that will destroy the very judges. time. We eventually were able to fully unique aspects of this institution Finally there was a feeling on this transfer and close out one of those called the Senate. side that this systematic filibuster was slots and move it to the Ninth Circuit I believe the facts will show, as the so significant that it undermined and where the judge was needed. Still, the Republican leader pointed out today, neutered the ability of the President of caseloads have dropped. The caseloads that this was a bit of a strawman. Yes, the United States to appoint judges. in the DC Circuit have continued to there have been a handful, a small There was a discussion about changing drop year after year after year. number, of nominees who were rejected the rules. As time went by, that be- We are going broke. This country by this side of the aisle. But there have came more and more of a possibility. I doesn’t have enough money to do its been literally hundreds and hundreds of think the American people turned business. We are borrowing and placing nominees who have not even been in against my colleagues who were block- our children at great risk. It is obvious debate on the floor of the Senate. ing these judges, because they did not we ought not to fill a judgeship we All I can say is, when people make a appreciate it. don’t need. It is about $1 million a commitment such as I just read from But finally a compromise was year, virtually $1 million a year to the President of the United States reached. This was what it amounted to: fund one of these judgeships. For the when he was in the Senate, from our We will not filibuster a judge unless judges, the clerks, the supporting sec- majority leader, we should not be sur- there are substantial reasons to do so. retaries, the computer systems, and prised when there is a great deal of That was sort of the agreement. At courtrooms we have to supply is $1 mil- cynicism about when we give our word that moment, five judges were con- lion. It is similar to burning $1 million and our commitment. I go back to the firmed—and a lot of people remember a year on The Mall. We don’t have $1 man I probably respected more than that. But what is forgotten is five went million a year to throw away. anyone in the years I have been in the down. Five highly qualified judges were We have other places in America that Senate, one Robert Byrd. One thing I defeated on a partisan, ideological need judgeships. Senator GRASSLEY has can promise you, if Robert Byrd had basis right out of the chute. They were asked—and I have supported—and our been sitting over in the majority lead- some of the first judges President Bush bill would call for hearings and then we er’s chair today, we would not have ever nominated. would transfer these judges to places seen the events that transpired. This is I would just say that what has hap- that have greater need. That is why the a sad day. pened so far is that we have confirmed judges were not moved forward. I am angry, yes. We will get over the over 200 of President Obama’s judges. The caseloads continue to decline. anger. But the sorrow at what has been Only two have been blocked. They have The need is less than ever, and we don’t

VerDate Mar 15 2010 04:34 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.051 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8444 CONGRESSIONAL RECORD — SENATE November 21, 2013 have the money to fill a slot we don’t suggest that Republicans have been The real problems we have with the need. abusive, that the minority party has Affordable Care Act passed by a Con- It is heartbreaking to see that we failed in its obligation to be respon- gress on a straight party-line vote in have crossed this rubicon and changed sible. the Senate, similar to what we saw these rules when the President—as a We heard the words the Senator from today, and the consequences of matter of actual ability to perform the Arizona Mr. MCCAIN spoke about oth- ObamaCare are real and cannot be job—has only had 2 judges fail to be ers—President Obama, the majority fixed by fixing the Web site. I wish confirmed out of over 200. leader of the Senate, the former Sen- those problems were only a simple This is breathtaking to me. There is ator from West Virginia Mr. Byrd— matter of a technician adjusting the a growing concern on our side of the about their views on this issue. Yet the program that has been created for en- aisle that Senator REID, the majority outcome today was something dif- rollment, but it is not the case. leader, is very unwilling to accept the ferent, different from what they said The mess of ObamaCare runs so much process. He is unwilling to accept the only a short time ago. deeper. One of the consequences I know fact that he can’t win every battle, and It is hard to know why we did what I will hear about on Monday and hit- he changed the rules so he could win. we did today, but I know our ability as ting individuals and families across the I feel this is a dark day for the Sen- Senators of the United States to rep- country right now is their cancelled in- ate. I don’t know how we can get out of resent the people who hired us to rep- surance companies. it. It is the biggest rules change—cer- resent them has been diminished. President Obama spoke about this in I am reluctant to attribute motives tainly since I have been in the Senate, the description of what the Affordable as to why this occurred. In the absence maybe my lifetime, and maybe in the Care Act would mean to Americans: If of evidence that would suggest there is history of the Senate—where it has you like your policy, you can keep it. a justifiable reason, a justified reason changed by a simple majority by over- If you like your physician, you can re- ruling the Chair. for doing so, I am fearful that what is reported in the press and elsewhere is tain him or her. The Parliamentarian advises the Pre- The fact that millions of Americans the reason the rules were changed, siding Officer of the Senate, when Sen- are now losing their health care cov- which makes today even more sad to ator REID asked that these judges be erage is not an unintended con- me because the explanation for why confirmed by a majority vote, the Par- sequence. I doubt if it is anything that liamentarian advises the Chair and the the rules were changed was a political can be fixed with anything that Presi- Chair ruled we can’t confirm them on a effort to change the topic of conversa- dent Obama said in his press con- majority vote. We can’t shut off debate tion in Washington, DC, and across the ference a few days ago. The reality is without a supermajority vote. The country. this cannot be described as something Chair ruled. The story is that the White House we didn’t know about. Senator REID says: I appeal the rul- pressured the Senate to change its In fact, on the Senate floor in 2010, ing of the Chair. I ask my colleagues in rules, not because the rules needed to again, a straight party-line vote oc- the Senate to overrule the rules of the be changed, there was abuse or because curred, as we saw today, in which the Senate, by a simple majority vote, to people actually believed this was a opportunity to do away with the provi- overrule the Parliamentarian and the good rules change for the benefit of the sions of the grandfather clause—again, Presiding Officer of the Senate. Senate and the country but because This is what happened. When our the Affordable Care Act, ObamaCare, is Republicans unanimously supporting rules say to change the rules of the front and center in the national media an Enzi amendment to change it so Senate, it takes a two-thirds vote. and on the minds of the American peo- this wouldn’t occur and a straight This is a dangerous path which I hope ple. As ObamaCare is being imple- party-line vote, with Democrats voting my colleagues understand. Many mented, people are discovering the se- the other way. It wasn’t as if this was things that are bad have been hap- rious problems it presents them and something that wasn’t considered or pening in the Senate. I will speak more their families. Therefore, politically, thought about. It wasn’t as if we only about things that should not have hap- we need to change the dialog, change woke up 2 weeks ago and we saw poli- pened and are eroding the ability of the topic. For us to use a political rea- cies were being canceled and thought: this Senate and the way it should func- son to do so much damage to the insti- Oh, my gosh. That is not what the Af- tion, that are eroding the ability of in- tution of the United States is such a fordable Care Act is about. dividual Senators from either party to travesty. The reality is it was expected, it was have their voices heard. HEALTH CARE built in, and it is a consequence of the I thank the Chair and yield the floor. I wish to mention the Affordable Affordable Care Act. The PRESIDING OFFICER. The Sen- Care Act and talk for a moment about In order for ObamaCare to work and ator from Kansas. that. the exchanges to function, the Federal Mr. MORAN. I am a new Member of I am headed home and on Monday I Government has to have the power to the Senate, serving in my first term. I will conduct my 1,000th townhall meet- describe what policies will be available was a Member of the House of Rep- ing. From the time I was in the House to the American people. ObamaCare resentatives before coming to the Sen- of Representatives, I held a townhall takes the freedom to make health care ate, and I had great anticipation and meeting in every county. In the Sen- decisions for an individual and their expectation of the opportunity that ate, I have conducted a townhall meet- families and rests that authority with service in this body presented to me. ing in all 105 counties since my elec- the Federal Government. The Presiding Officer of the Senate tion to the Senate. I am beginning Despite the headaches, frustrations, today has had similar experiences. We again and it happens that Monday will and anger Americans and Kansans are served in the House of Representatives be my 1,000th. experiencing now, I don’t see there is a together. The ability for an individual I have no doubt the serious conversa- real opportunity for us to solve that Senator, particularly a new Senator, tions we have will not be about the problem, because undoing what is tran- and perhaps even more so, someone rules or the institution of the Senate spiring with the policies would under- from a smaller, rural State, our ability or what happened with something mine the foundation of ObamaCare. I to influence the outcome to receive at- called cloture filibuster, the real prob- consider my task as a Senator from tention and to have the administra- lem people face is what ObamaCare is Kansas, in part, is to help people. Peo- tion’s nominees come to pay a call on doing to them and their families. I ple tell me in person, email, and by us to become acquainted is diminished. have this sense there is an effort or phone call about the consequences. In my view, today is the day that re- perhaps belief—at least an effort—to The stories are a wide range of chal- duces the ability for all Senators to convince people this is only a problem lenges. I talked about this on the Sen- have influence in the outcome of the with a Web site. The Web site has cer- ate floor last week. An example is one decisions of this body and therefore the tainly received a lot of attention over conversation with a constituent who outcome of the future of our country. the past few weeks. Perhaps, unfortu- said: My wife has breast cancer. Our I don’t understand why this happened nately, the Web site is not the real policy has been canceled. We have today. The empirical evidence doesn’t problem. nothing to replace it with. Help me.

VerDate Mar 15 2010 03:15 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.053 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8445 These are things I can’t imagine any- When it comes time to purchase The PRESIDING OFFICER. Without one in the Senate wouldn’t want to try health care coverage or access to objection, it is so ordered. to help them. I don’t know how we do health care, we are focused on what it Mr. SESSIONS. Mr. President, to fol- that with the basis of ObamaCare that would cost and we don’t overutilize the low up on some of the comments I designs the policies and removes the system. People need to be empowered made earlier about the DC Circuit, individual person from making the de- to have ownership of their health care there have been accusations—and I cisions about what is in their best in- plans and their health. guess everybody has their perspective— terests and for their families. We spend billions of dollars on health that seem to suggest that Republicans, Calling for repeal and replacement of care entitlements. We need to boost for ideological reasons, won’t fill these ObamaCare is not an assertion on my our Nation’s support for the National judgeships slots. part that everything is fine with our Institutes of Health by investing in I have voted for probably 90 percent health care system. There are problems medical research. We can reduce the of President Obama’s judges—well over with our health care delivery system, cost of health care for all, save lives, 80, I know—and the Senate has had and they do need addressing. and improve the quality of life. confirmed over 200 of President Long before President Obama was Our medical workforce needs to be Obama’s nominees. I earlier said 250—I President of the United States, my enhanced. We need more doctors, think maybe it is over 200. Only two service in Congress, much of the effort nurses, and other health care pro- have been denied confirmation. was trying to find ways to make cer- viders. They need to be encouraged to So these three judges have been ap- tain health care was available and af- serve across the country in urban areas pointed to a circuit where the caseload fordable to places across my State, of our country where it is difficult to has been falling, and it already, by whether one lived in a community of attract and retain a physician and in far—by far—has the lowest caseload in 2,000 or 20,000 or 2 million—we don’t rural and small towns where that is a the country based on the eight judges have many communities with 2 mil- challenge as well. now active in that circuit. So adding lion—200,000; people ought to have ac- Finally, we need to reform our med- three more judges would bring that cess to health care. In my view, it is an ical liability system and reduce frivo- caseload down substantially further important task for all of us. lous lawsuits that inflate premiums and create an even more under- While some hoped ObamaCare would and cause physicians and others to employed court, which we don’t need to be the solution, it turns out to be the practice defensive medicine. do, especially when we have courts problem. We can replace ObamaCare Those are examples of what we can around the country that do need more with practical reforms that promote do and we can do incrementally, and judges. We need more district judges they seem, at least in my view, to be the promise that the President made, than circuit judges, but there are some common sense. If we don’t get it quite that empower individuals, and give circuit judge slots that need to be right, we have the ability to take a people the options they want. We need filled. So I say that out of respect to step back and make an alteration and to do that. In order to do that we need my colleagues. But it was a cause for improve it over time, as compared to to set ObamaCare aside and pursue concern that the President and other the consequences—the massive con- what I would call commonsense, step- supporters of his judicial vision have sequences—of this multithousand-page by-step initiatives to improve the qual- openly stated their goal for filling bill that, as we were told, we had to ity of health care and slow the increase these slots is to advance their agenda. pass so that we would know what was or reduce the cost of health care. President Obama says: in it. In my view, we cannot not address The fatal flaw of the Affordable Care We are remaking the courts. preexisting conditions. We need protec- Act is not its Web site but, rather, the Senator SCHUMER: tions for people, individual coverage, underlying premise that the govern- Our strategy will be to nominate four more without a massive expansion of the ment can and should determine what is people for each of those vacancies. We will Federal Government. best for Americans regardless of what fill up the DC Circuit one way or the other. We need to make certain millions of they want. We must not accept a One way or the other. In other words, individuals retain their current health health care system built upon such a no limit to what we will do to fill these insurance policies that they know faulty foundation. slots that are not needed. about and they like. We need to make ObamaCare stands in stark contrast Senator HARRY REID: certain we continue that health care to the values of individual liberty and Switch the majority. People don’t focus coverage by enabling Americans to freedom that have guided our country much on the DC Circuit. It is, some say, even shop for coverage from coast-to-coast since its inception. Americans should more important than the Supreme Court. regardless of what State they live in. be in control of their own health care, I have heard conservatives make Competition will help reduce pre- and I will continue to fight policies somewhat that statement, but that is miums. Increased competition in the that violate those values and advocate totally wrong: It is not that important insurance market is something that is for policies that guard them, but also a circuit. of great value. work to make sure that all Americans It is an important circuit. Occasion- It will extend tax incentives for peo- have better access to more affordable ally, key administrative rulings get ple to purchase health care coverage, health care. filed in the DC Circuit, and they never regardless of where they live. To assist If you like your health care policy, get appealed to the Supreme Court. low-income Americans, we can offer you should be able to keep it, and if Their decision may be final on some tax credits for them to obtain private you like your physician, you should be administrative powers, but it is not insurance of their choice and to able to retain him or her providing equivalent to the Supreme Court—no- strengthen access to health care in our health care for you. Our task is dif- where close. You can see that based on community health care centers. We ficult, but it is one that is well worth how few cases they actually handle. need to make certain our community the battle. We can preserve individual Senator REID goes on to say: health care centers are supported so liberty and pursue goals in our country There are three vacancies. We need at least people who have no insurance or no that benefit all Americans. one more, and that will switch the majority. ability to pay have access to the health I thank the Presiding Officer for the Apparently, he is saying there is a di- care delivery system. time on the floor this afternoon. I yield vision within the circuit and a one-vote Instead of limiting the plans Ameri- the floor, and I suggest the absence of majority for a more restrained view of cans can purchase and carry, we need a quorum. the administrative rulings the court to give small businesses and other or- The PRESIDING OFFICER. The deals with sometimes and a group that ganizations the ability to combine clerk will call the roll. is more activist, and he wants to their efforts and get a lower price be- The assistant legislative clerk pro- switch that majority. A bunch of oth- cause of quantity buying. We need to ceeded to call the roll. ers have said the same thing. They encourage Health Savings Accounts so Mr. SESSIONS. Mr. President, I ask have said it. people are more responsible for their unanimous consent that the order for Doug Kendall, a liberal activist has own health. the quorum call be rescinded. said:

VerDate Mar 15 2010 03:15 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.054 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8446 CONGRESSIONAL RECORD — SENATE November 21, 2013 With legislative priorities gridlocked in thing and you were going to fight for can’t get a vote on that one. Our Mem- Congress— it, you could at least get a vote, even bers don’t want to vote on that. You Now, get this— if you lost. You could tell people you can only have a constricted number. —they want the court to advance their polit- did that. And then you could hold peo- So we have this spectacle of Senators ical agenda that cannot be passed in the Con- ple accountable for voting against from great States all over America, hat gress. what some might like and others would in hand, bowing before the majority Let me repeat that. The liberal activ- oppose, and people would know where leader, pleading that he allow them to ist goal is to advance an agenda that Senators stand. have their amendment up for a vote. It cannot be passed by the Congress—the We have had a significant, dramatic is not right. It is an alteration of the duly elected representatives. reduction in the number of votes. I whole concept of the free and open de- I remember Hodding Carter, who think it started in maybe the late bate the Senate is all about. I truly be- served President Jimmy Carter, went 1990s. I know Senator Frist filled the lieve it is, and we are going to have to on one of the morning Sunday talk tree a number of times, but not many, stop it. shows—Meet the Press or something. over his time here. But Senator REID I blame myself. I have complained He was one of the regular guest hosts, has just exploded this process. about this probably as much or maybe and he said one time: We Democrats A perfect example is this Defense more than anyone on our side, but I and liberals have got to just admit it. bill. It was on the floor all week. We haven’t taken the action maybe that We want the courts to do for us that have normally had at least 25 or 30 we need to take to begin to confront which we cannot win at the ballot box. votes on the Defense bill. We spend $500 this issue. Judges shouldn’t be doing that. But billion in that authorization. There is a When my new young colleagues and I that is what Mr. Kendall says. He says: lot of concern and interest about de- were discussing this, one of them said: With legislative gridlock in Congress, the fense money is spent and policies over Why, we even have to ask Senator President’s best hope for advancing his agen- sexual assault or other issues relative MCCONNELL and get his permission to da is through executive action. to the military, and those are impor- offer our amendment. That runs through the DC Circuit. tant issues that people have concerns How could this happen? How could a Nan Aaron, long active in advocating Senator from one of the great States of for activist Federal judges, said this: about and are willing to vote on. Why shouldn’t they be able to get a vote? America be in a position—a Demo- This court is critically important. The ma- jority has made decisions that frustrated the Really, why shouldn’t they be able to cratic Senator. He has a majority in President’s agenda. get a vote? the Senate. How could he be in a posi- So the President is being pressured Some of the new colleagues who got tion to have to seek Senator MCCON- by a lot of these special interests, and elected in 2012 particularly wanted to NELL’s approval to call up an amend- there are others who are advocating change the rules of the Senate and de- ment? these kind of actions. But the court is manded that we do better. I raised the Here is the answer. Senator REID a court that is well constituted to do question of what the majority leader tells Senator MCCONNELL: I am not its duty, and it will continue to do so had been doing. Let’s take this Defense going to have all of these amendments. and needs no more judges. We don’t bill I mentioned. What did he do? He We are only going to have five amend- have the money to fill them. We don’t gets the right of first recognition in ments, and you can’t have this one, have the money to spend on it just to the Senate, and there are only a cer- this one, and this one. allow the President to pack the court tain number of amendments that can What are your amendments, Senator with some of his nominees that will be put on the amendment tree. He fills MCCONNELL says to Senator REID. more likely advance an agenda. At all those slots—we call it filling the He says: Well, these are the amend- least the agenda that he and his activ- tree—and then no one else can get an ments we want to offer. ist friends seem to favor that. amendment pending that the majority Senator MCCONNELL says: Well, you When I came to the Senate, Senators leader doesn’t approve. It is really un- have restricted my amendments. I on both sides of the aisle got to offer believable. And like frogs in warming don’t want to vote on those two amend- amendments. I remember Senator water, we don’t even realize the pan we ments of your five. You are going to Specter, who was then a Republican— are in has about got us cooked. We have to pull those down. an independent Republican and a great have Members on our side who have So, in a sense, that young Senator Senator. He loved the Senate. He missed what is happening to us. I guess was telling me the truth. I suspect Sen- switched parties and became a Demo- half of our Members even on the Re- ator REID goes back and says: Senator crat. We were right down there on the publican side were not here when all So-and-So, Senator MCCONNELL is ob- floor. He was managing a health bill, this started. All they have known is jecting to your amendment. We can’t and I had something I wanted him to this process. call it up. accept as part of the manager’s pack- So Senator REID fills the tree. He Well, why can’t you call it up? I age, and he didn’t want to do it. So I says he approved two sexual assault mean, the very idea that a Senator asked him again and he didn’t want to amendments for the military. That is from New York has to ask a Senator do it, and I asked him again and he all we have had all week, and he imme- from Kentucky whether he can have an didn’t want to do it. I wanted him to diately files cloture. He immediately amendment is contrary to the ap- agree because I didn’t want to offer the files to shut off debate. When he does proach of the Senate. amendment and have Senator Specter that, he then says we are filibustering. So filling the tree is altering the oppose it because I figured I would lose He is saying that is a filibuster and he whole process. Again and again, Sen- the vote. So I asked him again, and he is going to file cloture, demand that we ator REID takes the floor, he fills the finally got irritated with me bugging grant cloture and move the bill with- tree, limits amendments, and files clo- him and he said: You are a United out any amendments. ture immediately. And those of us who States Senator. If you want to offer This is unacceptable. So Republicans say: No, we are not going to agree to your amendment, offer your amend- say: We are not going to end debate on shut off debate through cloture because ment. the bill until we have a legitimate op- you haven’t allowed us to have a legiti- That is the way it was when I came portunity to file amendments to the mate chance to offer amendments—we to the Senate. Defense authorization bill and actually vote against cloture, and he says: You If you didn’t like something, you vote on some of the key issues facing are filibustering the bill. And he adds could offer your amendment. But the America’s national security and our these up, and he says that Republicans managers of the bill had a lot of re- men and women in uniform. We want a to an unprecedented degree are filibus- spect from the colleagues, and if the robust ability. tering, when all it is, is a reaction to managers urged people not to vote for No. his railroading tactics that have never it, you were likely not going to win, Well, submit a few amendments. been used to this degree in the history but at least you could get a vote. Well, that is too many. We are not of the Senate. If you promised your constituents going to vote on that one. I don’t like Senator MCCAIN was quite correct in back home that you believed in some- that one. I don’t like that one. No, you pointing out the switching of positions

VerDate Mar 15 2010 03:15 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.056 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8447 that Senator REID now takes. While he mittee was because they marked the ply a renewal of a bill that has passed was opposing this kind of tactic before spending level above what the Budget the Senate unanimously several times and supporting filibusters, he has now Control Act says. They shouldn’t have before. These days, technology has al- taken the exact opposite. done that. Under that proposal, we lowed us to make undetectable a fire- With regard to our judicial issues, would spend more money than we are arm—no metal. It can get right the Democrats went to a retreat in 2000 allowed to spend under law. But it was through a metal detector. and decided to change the ground rules. done. Otherwise, all the differences I would like to improve on this bill I believe Senator REID was involved, were freely discussed. We had multiple but, because it expires by December 9, and Senator SCHUMER was one of the amendments. Senator LEVIN is very right before we get back, I was hoping organizers, according to the New York precise. He allows people to make we could simply pass the existing law Times. He said: We are going to change amendments. He suggests compromise. that is on the books. I am afraid that the ground rules. And they started im- He allows people time to discuss with will not happen. mediately and held the first 10 Federal staff, come back, amend, agree, dis- I understand why my colleague from judge nominees to the courts of appeals agree, and finally have a vote. It cre- Alabama objected. I hope as soon as we of President Bush and filibustered. We ates good spirit, and it creates a com- come back we might get this body to had never seen anything like that. mittee such that even legislation as pass it and maybe get the House to Now, according to this document I important as this can pass unani- pass it. have, Senator SCHUMER says: We are mously out of committee. I believe last We are in a dangerous world. To going to confirm these judges one way year the bill was unanimous out of the allow terrorists, criminals, those who or the other, and if you use the right to Armed Services Committee, which is are mentally infirm, to walk through filibuster—which I pioneered and Sen- hard to achieve in any legislative body. metal detectors with guns that are ator REID pioneered—if you use that This is a dark day. I am disappointed made of plastic and then use them at right, now that we have the majority, at where we are. This is a matter that airports, sporting events, and schools we are going to change the rules with can’t just be forgotten. It won’t be for- is a very bad thing. What makes us a simple majority, and we are not gotten. We don’t need to act precipi- need to do this rather quickly is that a going to allow these judges to be tously, but we need to make clear that few months ago someone in Texas pub- blocked even though we have no need for the Senate to work, individual Sen- lished on a Web site a way to make a for one of them. We are going to ram it ators of both parties have to be free to plastic gun, buying a 3–D printer for through, and we are going to make the offer amendments—that clearly needs less than $1,000. There are over 200,000 taxpayers pay for it, $1 million a year, to be so—and certain rights the minor- copies, hits on that Web site. People one way or the other. ity party might have cannot be eroded hit the Web site then, so we have to So that is where we are, and I don’t anytime they become effective to frus- move quickly here. I hope we can move believe it is good. trating the majority leader’s desire to as soon as we get back. I am not opposed to modernists. I be- advance certain pieces of legislation or I do understand the objection of my lieve we need to be consistent in our nominees. colleague tonight, given everything principles. We need to defend the his- This is not going away. We will keep that has happened today, but we can- tory of the Senate. And I don’t believe discussing it. I hope and pray we will not wait. I hope nobody will object to you can change it one year and change be able to reach some sort of solution this bill. I have some worries that some it back the next and act as if nothing which puts us back on the right path. might, but let’s hope not. This is seri- significant happened. I believe there is I yield the floor, and I suggest the ab- ous stuff. a truth and I believe there are values sence of a quorum. I yield the floor and suggest the ab- that need to be consistently upheld—at The PRESIDING OFFICER (Mr. sence of a quorum. least at a minimum—so this Senate SCHATZ). The clerk will call the roll. The PRESIDING OFFICER. The can function. The legislative clerk proceeded to clerk will call the roll. Senator REID has to stop this proc- call the roll. The assistant legislative clerk pro- ess. He cannot continue to dominate Mr. SCHUMER. Mr. President, I ask ceeded to call the roll. the Senate the likes of which has never unanimous consent the order for the Mr. THUNE. Mr. President, I ask happened before. There is no one-man quorum call be rescinded. unanimous consent the order for the dictator in this Senate. We need to say The PRESIDING OFFICER. Without quorum call be rescinded. no. That is just the way it is. There is objection, it is so ordered. The PRESIDING OFFICER. Without no way the majority leader of the Sen- UNANIMOUS CONSENT REQUEST—S. 1774 objection, it is so ordered. ate of the United States should be Mr. SCHUMER. Mr. President, I ask Mr. THUNE. Mr. President, I rise dominating this body the way it is hap- unanimous consent that, as in legisla- today to speak on the National Defense pening today and going to the ultimate tive session, the Senate proceed to the Authorization Act, an amendment I of changing the rules as was done consideration of S. 1774, a bill to reau- have filed, Amendment No. 2903, which today. I feel strongly about that. We thorize the Undetectable Firearms Act supports the next generation long- are going to continue to talk about of 1988 for 1 year, introduced earlier range strike bomber. I hope we do get that. today; that the bill be read three times on the Defense bill. We have an institution to preserve. and passed and the motion to recon- This amendment, like many of the Senator Byrd would never have allowed sider be laid upon the table with no in- amendments that have been filed to this to happen—as Senator MCCAIN tervening action. this bill, is both germane and non- said—the historian of the Senate, who The PRESIDING OFFICER. Is there controversial. As has been the past explained this great Senate’s history. objection? practice with the Defense authoriza- When I first came here, he lectured to Mr. SESSIONS. Mr. President, re- tion bill, my amendment should be in- both parties and new Members about serving the right to object, I say to our cluded in a managers’ package that what it is all about. The love he had for colleagues, this is not a good day to could be passed by unanimous consent. this institution was strong. move forward with this legislation. We In the past, when the Senate has con- I happened to have the honor earlier will be glad to give it serious atten- sidered the National Defense Author- today to hear Senator LEVIN talk about tion. I know it is the kind of thing we ization Act, we have had an average of this issue. He is leaving this body. He probably can clear at some point, but I around 11 recorded votes. That is the is a great Senator. He is smart. I have object. historical average. This year so far we been so impressed with how he has han- The PRESIDING OFFICER. Objec- have had two. For amendments in- dled the Armed Services Committee, tion is heard. cluded by voice vote or unanimous con- on which I am a member and he is The Senator from New York. sent, anywhere from 80 to 100 amend- chairman. He gets virtually unanimous Mr. SCHUMER. Mr. President, I ap- ments tend to be the norm. In other votes on the defense authorization bill. preciate the remarks of my friend from words, that is the number of amend- And the only reason we had no votes on Alabama, my gym mate and friend and ments that we process, not have re- the bill on the floor today in com- colleague. I would say this. This is sim- corded votes on, but amendments that

VerDate Mar 15 2010 03:15 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.057 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8448 CONGRESSIONAL RECORD — SENATE November 21, 2013 are offered to the bill and handled one bomber. The men and women of the be included in a managers’ package of way or another but end up getting 28th Bomb Wing have bravely defended amendments or at least considered on added to the legislation. This year we our country in Iraq and Afghanistan. the floor by my colleagues in the Sen- have not even been able to have a man- In 2011, the B–1 played a key role in ate. agers’ package, which would include Operation Odyssey Dawn, launching It is essential in light of the many many of these noncontroversial amend- from Ellsworth Air Force Base in challenges we face around the globe ments. South Dakota, dropping munitions in today with the potential adversaries I support Senator INHOFE, who is the Libya, and returning home in one con- out there and the threats that exist as ranking Republican on the Armed tinuous flying mission. This operation we look out over the horizon that we Services Committee and my Repub- marked the first time the B–1 launched make every preparation and take every lican colleagues here in the Senate, in combat sorties from the continental necessary step to ensure our country the approach they have taken while United States to strike targets over- can defend itself and our allies around this bill has been on the floor. Consid- seas, and it exemplifies the B–1’s cru- the world. American interests and ering this bill, there needs to be an cial flexibility and capability to American national security interests open amendment process. We are not project conventional airpower on short are always at stake, and it is impor- talking, as I said, about the hundreds notice anywhere in the world. Of the tant for us to invest wisely in those of amendments that have been filed, three aircraft in our bomber fleet, the types of weapon capabilities that can but a reasonable number should be con- B–1B has the highest payload, fastest ensure that the United States is pre- sidered on the Senate floor. maximum speed, and operates at the pared for whatever contingency might Everyone here is aware of the time lowest cost per flying hour. As I have develop around the world. constraints we are under, but that is said before, the B–1 is the workhorse of I hope we will get back on the De- not an excuse for bypassing an open our U.S. Air Force. fense authorization bill, allow amend- amendment process on this important As the R&D continues for the next ments to be considered, as they have piece of legislation. generation bomber, the Air Force has been in the past. Whenever we have As the Senate debates the annual De- already identified many essential capa- processed Defense bills in the past, we fense authorization bill, our military bilities to this aircraft. According to have had a process that has allowed for continues to face increasing budget the Air Force, the next generation consideration of many amendments. As constraints. These budget constraints bomber should be usable across the said before, we had 80 to 100 amend- have forced our military to prioritize spectrum of conflict from isolated ments in most cases and multiple roll- and develop ways to increase efficiency strikes to prolonged campaigns. It call votes—way more than we had on and reduce spending. As we look ahead, should provide the Commander in Chief this bill so far. the Department of Defense must con- the option to strike a target at any This is important to the men and tinue to focus on ways to best prepare point on the globe, and it must be able women who wear the uniform of the for the threats our country will face in to penetrate modern air defenses de- U.S. military. This should be a priority the future. spite an adversary’s anti-aircraft sys- for us, and it should be a priority for On all fronts, these future threats tems. In terms of payload, it must be our country. I hope we can get the bill will require an increasingly mobile capable of carrying a wide mix of on the floor, process amendments, pass force that relies on speed and tech- standoff and direct attack munitions it, and get it on the President’s desk nology to reach conflict points around and have the option for either nuclear where it can be signed into law. the world. With regard to the Air or conventional capability. I yield the floor and suggest the ab- Force, this means a modernization of As part of the strategy for develop- sence of a quorum. our current fleet. According to General ment, the next generation bomber The PRESIDING OFFICER. The Welsh, the Chief of Staff for the Air should allow for the integration of ma- clerk will call the roll. Force, the next generation long-range ture technologies and existing systems, The legislative clerk proceeded to bomber is one of the top three procure- taking into account the capabilities of call the roll. ment programs our Air Force must other weapon systems to reduce pro- Mr. REID. Mr. President, I ask unan- pursue to modernize our fleet and to gram complexity. imous consent that the order for the meet future challenges. The other two, While developing the next generation quorum call be rescinded. the F–35 joint strike fighter and the bomber will not be easy, the Air Force The PRESIDING OFFICER. Without KC–46 aerial refueling tanker, are cur- has learned several important lessons objection, it is so ordered. rently underway. from its most recent procurement ef- f The next generation bomber, which forts. The Department of Defense has General Welsh has called a must-have already streamlined requirements and MORNING BUSINESS capability, will ensure our ability to oversight to ensure a timely decision- Mr. REID. Mr. President, I ask unan- operate effectively in anti-access and making process for the next generation imous consent that the Senate proceed area-denial environments. As potential bomber. to a period of morning business with adversaries continue to modernize This initiative has included efforts to Senators permitted to speak therein their anti-aircraft systems, our ability reduce costs for the overall program for up to 10 minutes each. to penetrate those systems must mod- with a goal of preventing cost overruns The PRESIDING OFFICER. Without ernize as well. which have plagued previous acquisi- objection, it is so ordered. The Department of Defense has al- tion programs. f ready begun investing in the research The Department of Defense already and development phase for the next knows the importance of this program. NATIONAL HOMELESSNESS AND generation bomber. In the meantime, As outlined in the 2015 to 2019 Program HUNGER AWARENESS WEEK our current bomber fleets, B–2s, B–1s, Objective Memorandum, the Air Force Mr. LEAHY. Mr. President, next and B–52s, continue to provide robust intends to prioritize the development week, Americans across the country deterrent in long-range strike capabili- and acquisition of the long-range will gather with family and friends to ties. The upgrades which are currently strike bomber over the next several celebrate a national tradition, Thanks- being made to these aircraft allow years. As the Air Force continues to giving. Some will give thanks for their them to operate in the modern environ- modernize, the long-range strike bomb- good fortune or health over the past ment. However, as this fleet continues er remains a must-have capability for year, while others will simply be to age into the mid-2020s, the next gen- future combat operations. thankful to see their loved ones to- eration bomber will need to come on- This amendment is very straight- gether in one place. What most of us line. forward. I hope we get back on the De- will take for granted, however, is that My home State of South Dakota is fense authorization bill. I hope we have we will have a meal to eat and have a home of the 28th Bomb Wing, which an open amendment process. I hope home in which to gather. Far too many commands two of three combat squad- that amendments such as this, which Americans will not have that luxury. rons operating the B–1B strategic are germane and noncontroversial, can During this time of reflection, and in

VerDate Mar 15 2010 03:21 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.059 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8449 honor of National Homelessness and food on the table, it is deplorable that Every child in America deserves a Hunger Awareness week, I would like some in Congress continue to call for fair shot. This is why I have cham- to take a moment to speak about those reductions to food assistance as a way pioned the Runaway and Homeless who are all too often overlooked, the to solve our Nation’s deficit problems. Youth Act. Programs authorized by the homeless and the hungry. No one can deny the effects of hunger RHYA have successfully helped count- Each and every day, millions of on Americans, especially children. less runaway and homeless youth and Americans face the uncertainty of Children who live in food insecure their families in Vermont and across when their next meal will be or when homes are at a greater risk of develop- the nation over the last 30 years, but they will be able to feed their family. mental delays, poor academic perform- we can and must do more. We must rec- On any given night, a disgraceful num- ance, nutrient deficiencies, obesity and ognize the importance of investing in ber of Americans face the uncertainty depression. Yet participation in food our Nation’s youth, and direct re- of not knowing where they will sleep. assistance programs turns these statis- sources where they are needed most. Sadly, many have nowhere to turn. tics on their head. Federal nutrition Programs authorized by the RHYA ex- These Americans live in both large programs have been shown to decrease pired at the end of September. I hope States and small, in urban centers, and the risk a child will develop health that we can work to reauthorize and small, rural towns across the country. problems and is associated with de- improve RHYA by addressing the needs These are men, women, and children creases in the incidence of child abuse. of children in the most vulnerable com- Children from families who receive who live, work, and attend schools in munities, and provide services that food stamps have a higher achievement our communities without the basic meet the needs of youth who identify in math and reading and have improved needs of food security and a place to as LGBT and the young victims of traf- behavior, social interactions and diet call home. ficking or exploitation. We need more There are nearly 3,000 Vermonters quality than children who go without. Two-thirds of SNAP beneficiaries are training and resources to help our who do not have a roof over their head grantees meet the needs of young vic- each night. And while organizations children, the disabled, or the elderly who cannot be expected to work. The tims, and that is what the Runaway like the Committee on Temporary and Homeless Youth Act provides. Shelter, COTS, Spectrum Youth and remaining participants in the program are subject to rigorous work require- There are families that are having Family Services, and the Vermont Coa- difficulty making ends meet. We must lition for Runaway and Homeless ments in order to receive continuing benefits. While SNAP offers crucial pass a farm bill that does not include Youth do their best to provide emer- the extreme House cuts to SNAP bene- gency shelter, services, and housing for support to a family’s grocery expenses, the benefits far from cover a family’s fits at levels 10 times as high as the bi- people who are homeless or marginally partisan Senate bill and nearly twice housed, the need far outweighs their food expenses. With a benefit average of about $1.25 per person, per meal, it is as high as the House’s original bill. capacity. Those cuts would mean that each year, Nationally, we have made some understandable that families typically fall short on benefits by the middle of an average of three million people will progress to address this issue and have be kicked off food assistance, and hun- seen the number of individuals experi- the month. Across the Nation, wages have re- dreds of thousands of children will lose encing chronic homelessness and home- mained flat as prices for every day es- access to school means. I hope that the less veterans significantly decrease. sentials like food, heat, and especially bipartisan efforts of the Senate to pass Unfortunately, the face of homeless- housing, continue to rise. At the same a responsible farm bill will help ness is changing, and the number of time, as more families find themselves produce a good farm bill out of con- families facing homelessness has dra- in need of some help, the programs ference that does not contain these matically increased. Shelters are see- that provide that safety net have been deep and damaging cuts to food assist- ing an unprecedented number of fami- devastated by cuts over the past sev- ance. lies. Many of these families have at eral years and continue to be targeted We owe it to the American people to least one adult who is working full for even further reductions in the name put politics aside and especially during time, but who does not earn enough to of protecting tax loopholes for cor- this time of year, to give a voice to afford a place to live. Of the 4,244 peo- porate jets and oil companies. those who are most in need, to those ple who used emergency shelters in The budget decisions made in Con- often overlooked and marginalized and Vermont last year, 952 of them were gress have real impacts for real people. to start making meaningful progress to children. We know that children who Reductions to funding for the organiza- eliminating homelessness and hunger experience homelessness suffer from tions providing emergency shelter, or in this country. high rates of anxiety, depression, be- programs that build much needed af- f havioral problems, and below-average fordable housing, means more Ameri- TRIBUTE TO JAMES L. HURLEY school performance. Regrettably, shel- cans face housing insecurity. Cuts to ter workers are beginning to see the the SNAP program means benefits will Mr. MCCONNELL. Mr. President, I first signs of generational homeless- run out earlier in the month and even rise today to congratulate a friend of ness. This is unacceptable, and we owe though donations to food banks and mine and a good friend to the Common- it to those children and families to do soup kitchens are down, they will see a wealth, Mr. James L. Hurley, on his re- more. record number of families looking for a cent inauguration as the 20th president Across the country nearly 1 in 6 peo- little help to just make it to the next of the University of Pikeville. A grad- ple faces hunger on a daily basis; 1 in 5 month. uate of the class of 1999 himself, Presi- children are living in a household with As the budget conferees discuss a dent Hurley’s new post makes him the food insecurity. In a Nation where $165 path forward, it is essential that they school’s first alumnus to serve as presi- billion worth of food goes to waste each find a common sense compromise to re- dent. year, it is clear that there is enough place sequestration and put an end to President Hurley was sworn in last food to feed everyone in America. We the deficit reduction on the backs of month at the Eastern Kentucky Expo need to do a better job of getting that those most in need. There are just too Center in Pikeville, KY. He succeeds food to those who need it most. For the many people that are one unforeseen former Governor Paul Patton in the more than 84,000 Vermonters facing expense away from a desperate finan- position. Patton previously appointed food insecurity, the Supplemental Nu- cial situation that could result in them Hurley as the institution’s vice presi- trition Assistance Program, SNAP, losing the roof over their head, and the dent and special assistant. James is a known as 3Squares in Vermont, is a means to feed their family. We can all native of eastern Kentucky and is mar- lifeline helping to feed their families. agree that there is something fun- ried to Tina, also an alumna of the SNAP is our single most important damentally wrong with the reality that University of Pikeville. anti-hunger program providing assist- children living in one of the wealthiest President Hurley, after earning his ance to nearly 49 million Americans in nations in the world do not know when bachelor’s degree at the institution he need of help to afford food. With so they will get their next meal and do now leads, earned a master’s degree in many Americans still struggling to put not have a safe place to sleep at night. educational leadership from Indiana

VerDate Mar 15 2010 03:21 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.062 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8450 CONGRESSIONAL RECORD — SENATE November 21, 2013 University, a rank I in instructional ton’s willingness to accept the role of univer- health centers work with their limited supervision from the University of sity chancellor will make for a seamless and resources to provide exceptional care Kentucky, and a doctorate in higher smooth transition.’’ in rural communities. Critical access education leadership and policy at The announcement also has historical sig- hospitals provide local access to nificance, as Hurley will become the first Morehead State University. As an un- alumnus to lead the institution, which was healthcare for more than one million dergraduate he was a student-athlete established in 1889 to serve the youth of Ap- people in Illinois in areas that are on the Pikeville men’s basketball palachia. medically underserved and have too team. ‘‘A great university can measure its worth few primary care professionals. I commend President Hurley for his by the quality of its alumni,’’ said Kay Ham- More needs to be done to help rural great achievement in reaching this po- mond, president of the Alumni Association. communities improve access to pri- sition and certainly wish him all the ‘‘Vice President Hurley is certainly one of mary medical care. About 10 percent of best in his leadership of the University our most accomplished. He has always physicians practice in rural America sought to protect and preserve all that is despite the fact that nearly one-fourth of Pikeville. I look forward to working special about the University of Pikeville.’’ with him to accomplish great things of the population lives in these areas. for the school, the region, and the f This is a fact that Cody Holst and his Commonwealth. NATIONAL RURAL HEALTH DAY wife know all too well. Cody is a Han- Mr. President, an article that ap- cock County cattleman who lives in peared in the University of Pikeville Mr. DURBIN. Mr. President, today is Carthage, IL. Last year, Cody’s wife campus newspaper after the announce- National Rural Health Day. More than Erin was rushed to the emergency de- ment of his ascension to the presidency 59 million Americans—nearly one in partment at Memorial Hospital. Erin described James L. Hurley’s accom- five—call rural communities their was expecting but was only 32 weeks plishments and goals in his new posi- home, including more than 9 million along in her pregnancy. Doctors told tion. I ask unanimous consent that Medicare beneficiaries. These small Cody that typically they would rec- said article be printed in the RECORD. towns, farming communities, and fron- ommended she be flown to Peoria, IL, There being no objection, the mate- tier areas depend on rural hospitals for approximately 100 miles away. But in rial was ordered to be printed in the their health care needs. And their this case they did not have that much RECORD, as follows: needs are as unique as the communities time. Erin would need an emergency C- [From the University of Pikeville Campus they live in. Section. Any delay in this operation Publication, May 21, 2012] Rural areas are sparsely populated would jeopardize Erin’s pregnancy and HURLEY NAMED UNIVERSITY OF PIKEVILLE and are disproportionately older. More her life. Fortunately, the operation PRESIDENT-ELECT families in rural communities tend to was successful and led to the healthy Pikeville, KY—The University of Pikeville live with less income than their urban birth of Reese Holst. If Memorial Hos- Board of Trustees has named James L. Hur- counterparts, and patients tend to be pital was not in the community and ley president-elect of the institution, effec- physically isolated, which can substan- Cody had to travel any further, his wife tive July 1, 2013. Hurley currently serves as tially increase travel costs associated and child may not be here today. the vice president for enrollment and reten- with medical care. These needs are not This is just one of the many exam- tion and special assistant to the president. easily addressed by a one-size-fits-all The action was taken during the board’s ples of what critical access hospitals spring meeting May 18. University President approach. Rural providers must rely on are able to do for families in these Paul Patton informed the board that he providing affordable primary care and communities. Critical access hospitals would not ask for an extension of his con- a system that values prevention, make sure Americans in small commu- tract, which expires June 30, 2013. wellness and, above all, care coordina- nities, such as Cody and his family, ‘‘The Patton-Hurley team has brought us tion. still have access to high quality health tremendous progress,’’ said Board Chairman In Illinois, there are 102 counties, 83 care. Terry Dotson. ‘‘The Hurley-Patton team will of which are rural. Of these 83 rural continue that progress.’’ The Affordable Care Act begins to ad- An experienced educator and adminis- counties in Illinois, 81 are designated dress some of these urgent issues fac- trator, Hurley spent 11 years in the public as primary care shortage areas, which ing the Nation’s health care system, education system, serving in numerous roles, affects nearly 2 million Illinoisans. To such as lack of access to health insur- including as principal, assistant principal, incentivize providers to work in under- ance coverage. Nearly 8 million rural dean of students, teacher, and athletic served areas, States rely on the Na- Americans under the age of 65 will have coach. He joined Patton at the University in tional Health Service Corps—NHSC— insurance under the law. More Ameri- 2009, providing leadership in the administra- Loan Repayment program, the NHSC cans will gain access to private health tion of campus operations, program develop- Scholars program, and the State Loan ment, strategic initiatives, recruiting, finan- insurance and Medicaid, increasing the cial aid and retention efforts. Repayment program. These programs demand for care by rural hospitals and Along with his wife, Tina, he is a graduate have been a mainstay of rural recruit- providers. Many of the provisions in of the University of Pikeville, formerly ment. This year, through the coordina- the law are aimed at solving this very Pikeville College. He earned his master’s de- tion of loan repayment programs, an challenge. For example, the Affordable gree from Indiana University, a Rank I from estimated 231,000 patients in rural Illi- Care Act dedicates funding to evaluate the University of Kentucky and his super- nois were able to access care. These current payment systems, particularly intendent’s certification at Morehead State programs provide recruitment tools for University. He will complete his doctorate at the Medical Home Model of care that Morehead in the fall. facilities in rural parts of the State. incentivizes care coordination. ‘‘James Hurley is bright, energetic, moti- Recruiting primary care profes- As the demand for primary care pro- vated and a self-starter. He has been an inte- sionals to rural communities is chal- viders increases, the Affordable Care gral part of the tremendous progress we have lenging. Many programs, including Act aims to extend the role of nurse made at the University these past three these recruitment programs, require practitioners in primary care settings years,’’ said Patton. ‘‘As our chief executive more funding. and provides $15 million for ten nurse- officer, he will lead this University to new New approaches are needed to in- managed clinics that train nurses and heights.’’ The board also voted to establish the posi- crease the workforce in rural America. provide primary health care services in tion of chancellor, which Patton will assume For instance, the Federal Government medically underserved communities. on July 1, 2013. As chancellor, Patton, who and States should look at licensure and The law also includes more than $200 was governor of Kentucky from 1995 to 2003, new payment models that would allow million to training primary care doc- will represent the University and con- allied professionals, including ad- tors, nurses, and physician assistants centrate on fundraising. vanced practice nurses and physician and expanded the National Health ‘‘I am humbled and honored by the board assistants living in these communities, Service Corps program by $1.5 billion. of trustees’ decision in naming me president- to help meet the growing demand for elect to succeed Governor Patton next year,’’ The Affordable Care Act has provided a said Hurley. ‘‘My wife and I love this institu- primary health care services. great foundation to solving these prob- tion and we look forward to our continued Fortunately for Illinois, our network lems, but more needs to be done. journey with the administration, faculty, of critical access hospitals, rural Today, on National Rural Health staff and students at UPIKE. Governor Pat- health clinics, and federally qualified Day, I urge my colleagues to join me in

VerDate Mar 15 2010 03:21 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.027 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8451 recognizing the unique healthcare safe. Under current law, an individual Had these individuals been con- needs and opportunities that exist in buying a gun at a brick-and-mortar, fronted with a simple background rural communities and work together Federally licensed firearm dealer must check at a brick-and-mortar gun shop, to solve the issues these communities pass a simple and quick background they may have been turned away. Why face. check to make sure that, among other should a purchase from the online mar- f things, they haven’t been convicted of ketplace be any different? Study after a felony, or aren’t a domestic abuser, study, conducted by organizations TRIBUTE TO CHAD PREGRACKE or haven’t been adjudicated to be dan- across the political spectrum, have Mr. DURBIN. Mr. President, today I gerously mentally ill. Department of shown that around 90 percent of the wish to honor the outstanding work of Justice statistics have shown that American public supports the enact- a great Illinoisan, Chad Pregracke, who Brady background checks have blocked ment of background checks on all gun has just been named a 2013 CNN Hero. more than two million instances in sales. The vast majority of our con- A native of East Moline, IL, Chad which a dangerous individual at- stituents agree that wherever someone grew up knowing how important the tempted to obtain a deadly weapon. is buying a gun—at the shop around Mississippi River was to his commu- But a significant loophole in this law is the corner, from the Internet, from a nity. He spent a lot of time on the river now well known: felons and other pro- gun show, or even from the back of a with his parents, KeeKee and Gary, and hibited persons can simply go to a ‘‘pri- van in a dark alley—they should be his older brother Brent. Chad saw how vate seller,’’ as opposed to a licensed able to prove that they can pass a sim- badly the river was being polluted and dealer, and buy a gun without a back- ple and quick background check. knew something had to be done. When ground check. We must not wait until the next un- It has been estimated that as of Sep- no one else stepped up, he decided he stable individual buys a deadly weapon tember 2013, about 67,000 firearms were would. online and turns it on our commu- listed for sale online from private sell- In 1997, he received a small grant and nities. We should act to protect our ers. Many of the people buying guns spent that summer cleaning up part of families, our neighbors, and our loved the river on his own, sorting through from these sellers have no intention of committing any sort of crime and ones. I urge my colleagues to take up the trash on his parents’ front lawn. and pass background check legislation In 1998, when he was just 23 years old, would easily pass a background check. But as a disturbing new report recently to shut down the online black market Chad founded his own non-profit—Liv- released by Mayors Against Illegal for illegal firearm purchases. It’s just ing Lands & Waters. The venture has Guns makes clear, all too often, the common sense. now grown to a full staff and fleet of Internet serves as a black market f barges. Living Lands & Waters relies where dangerous individuals can get TRIBUTE TO MAGGIE MCINTOSH on teams of volunteers throughout the their hands on weapons. According to Nation, with a heavy focus on the Mis- this report, 1 in 30 would-be firearm Ms. MIKULSKI. Mr. President, I rise sissippi, Illinois and Ohio River re- purchasers on www.armslist.com has a to honor Maggie McIntosh on the occa- gions. criminal record that legally prohibits sion of her retirement as director of Living Lands & Waters organizes them from purchasing or owning a gun. Federal Relations at Johns Hopkins about 70 cleanups a year in 50 different This means, according to the report, University. communities. Chad estimates that his that more than 25,000 guns of almost Maggie has a long career in public group has worked with about 70,000 vol- any kind may be transferred to prohib- service. She has served in the Maryland unteers to remove more than 7 million ited persons through House of Delegates since 1992, when she pounds of trash from the Nation’s wa- www.armslist.com in any given year. was first elected to represent the 42nd terways. Among the trash they have At any time, a convicted felon can log District. Since 2002, Maggie has rep- pulled from river are more than 67,000 on and purchase a military-style weap- resented the people of northern Balti- tires, 218 washing machines and four on from a ‘‘private seller.’’ For exam- more City as the Delegate for the 43rd pianos. ple, one ‘‘private party’’ listing on the District of Maryland. Not all of their finds are the size of website touts a military-style semi- She is also an active member of the pianos. Chad boasts an extensive col- automatic rifle as the ‘‘World War III Maryland Democratic Party. She pre- lection of messages in bottles he has special,’’ and boasts that the weapon viously served for 8 years as a member found over the years. To date, Chad has can ‘‘provide rapid defensive fire when of the Democratic Central Committee retrieved 64 of these bottles, often hun- needed.’’ Such a weapon has no sport- from Baltimore City. dreds of miles from their place of ori- ing purpose. It is designed to kill as Maggie is a woman of many firsts. gin. They include everything from love many people as possible, as quickly as She was the first female majority lead- letters and lottery tickets to treasure possible. Should it really be available er in the Maryland House of Delegates. maps and simple notes of good wishes. for anyone to purchase, at any time, She was also the first woman to serve Chad’s hard work has earned him sig- without a background check? as chair of the Environmental Matters nificant recognition and praise, most This leads to dangerous and some- Committee. recently being honored by CNN as one times tragic outcomes. For example, Maggie is also a fighter. One of her of its 2013 Heroes. I am pleased to add the report cites a man from North many passions is education. She was a my thanks to Chad Pregracke for Carolina who, earlier this year, posted Baltimore City public school teacher, working to improve our communities an ad on the Web site seeking to pur- and an adjunct professor at Catonsville by saving our rivers. chase a military-style assault rifle spe- Community College and the University f cifically from a private seller. The in- of Baltimore. vestigation found that this prospective Maggie is also passionate about envi- COMMON SENSE GUN SALES buyer had previously been convicted of ronmental issues, Maryland economic Mr. LEVIN. Mr. President, as the several felonies, including robbery with development, equal rights, and the ef- holiday season draws close, millions of a dangerous weapon, and would have fort to elect more women in Maryland. Americans are shopping online for failed a background check. In another She has an extraordinary record as a clothes, toys, and other holiday gifts. case, Zina Daniel of Wisconsin ob- legislature, and she is only now getting But alarmingly, at the same time, con- tained a restraining order against her started. victed felons, domestic abusers, terror- husband which legally prohibited him Additionally, Maggie is a trusted ists, and other dangerous people are from purchasing a firearm. Days later, friend. I have known her for many able to go online and just as easily the husband bought a semiautomatic years. Maggie previously served as my shop for something else: guns. handgun from a dealer through State director and campaign man- Studies have shown that thousands of armslist.com, and went to find Ms. ager—I call her ‘‘Boss Maggie.’’ firearms are bought and sold online Daniel at her workplace. There, he Today, I wish to recognize her for her every year. Many of these sales exploit used the weapon to murder her and two years of service to Johns Hopkins Uni- loopholes in the background check others, injure four more, and kill him- versity. Maggie joined Johns Hopkins laws designed to keep our communities self. in 1992, and is currently the director of

VerDate Mar 15 2010 03:21 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.063 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8452 CONGRESSIONAL RECORD — SENATE November 21, 2013 Federal Relations. She is retiring from to reduce the horrific backlog of Vet- President has just been assassinated,’’ her position after 20 years at Johns eran’s disability claims in Baltimore. and we were sent home from school Hopkins. She has been my boots on the ground early. I wish her the best as she continues in Baltimore and played an important When I arrived home, I was stunned to serve the people of Maryland and role in rallying and assisting the Vet- to walk in to my living room and find fights the good fight for the issues she erans Service Organizations during this it filled by my entire family. I had believes in. difficult time. never seen my grandfather or father or f Throughout these wonderful 30 years, my uncles leave work early. It was a Denise has been an invaluable member TRIBUTE TO DENISE NOOE somber time for every member of my of my staff. Not only has she helped me family as we tried to come to grips Ms. MIKULSKI. Mr. President, immensely in my work as a U.S. Sen- with the terrible news. It was just so today, I wish to honor my long-time ator, but she has also stood sentry with hard to believe our President could be staff member, Denise Nooe, on the oc- me and served the people of Maryland taken from us. But he was. casion of her retirement. with distinction for three decades. Three days later, it was decided that Denise has been a part of my team Today I want to recognize her for all of our family would go to Washington to for 30 years. She began working for me the important work she has done, tell pay our respects to the President. As in 1983 as a constituent services rep- the world that I hold her in the highest an eager 16 year old who had just got- resentative when I was representing regard and wish her the very best on ten my license a few months before, I Maryland’s Third District in the U.S. her retirement. volunteered to drive us in Papa’s ’58 House of Representatives, and she was f Cadillac. Six of us piled into the car a key part of my team when I and made the trip to our Nation’s cap- transitioned from the House to the 50TH ANNIVERSARY OF JOHN F. ital. Senate. Denise has been the out- KENNEDY’S ASSASSINATION I will never forget, as the caisson standing director of my Annapolis of- Mr. MANCHIN. Mr. President, 50 bearing the President’s casket was led fice since 1987. years after the assassination of John F. down Pennsylvania Avenue on its way Denise and I have similar back- Kennedy, America still mourns his to Arlington Cemetery, my cousins and grounds. We both believe in the power loss. For those of us who were inspired I climbed into the trees for a better of community organizing to make a by his Presidency, it is easy to under- view of the procession. We saw the difference. We believe the best ideas stand why. In a time of indifference, he President’s stricken family and friends, come from the people. We both have reawakened this Nation to the finest the somber Washington dignitaries and master’s degrees in social work, and meaning of citizenship—placing public world leaders, and Black Jack, the rid- believe in the importance of helping in- service ahead of private interest. erless horse with boots turned back- dividuals and serving our communities. That is why a half a century later, he wards in the stirrups, a heartbreaking We believe that the people have a right remains a powerful symbol of a time of symbol of the loss of a great leader. As to know, to be heard and to be rep- soaring idealism in America, when our I watched the procession move slowly resented. people believed our country could do to the sad cadence of military drums, I Throughout her career, Denise has anything—even go to the moon. strived to make a difference in people’s John Kennedy also inspires Ameri- thought of the time I had been fortu- lives. She has utilized her social work cans who know him only from history nate enough to meet members of the skills every day in understanding how books or from the stories their parents Kennedy family. she can best serve the people of Mary- and grandparents tell of that all-too- I was working on my go-cart down- land, and help them to the best of her brief shining moment that was his stairs in the garage when they visited ability. As a caseworker, she has Presidency. my family in Farmington as then-Sen- helped thousands of veterans and mili- John Kennedy was in the White ator Kennedy was preparing for the tary personnel negotiate the labyrinth House for only 1,000 days, not even 3 West Virginia presidential primary. My of the Federal bureaucracy. She has years. But his achievements exceeded hands were dirty and greasy, but my brought solace to families when their his years. It’s easy to dismiss his Presi- mother insisted that I wipe them clean loved one has died in the line of duty. dency as one of rhetoric more than re- and come upstairs to meet a few peo- She has made sure that the brave sol- sults. But to do so ignores the New ple. As I climbed the steps, I smelled dier who died for his Nation could be Frontier he pioneered—a new era of my grandmother, Mama Kay’s, spa- buried at Arlington. She was vigilant economic growth, space exploration, ghetti. Everyone had gathered at the in getting the widow and children the civil rights advancements, conserva- table for dinner and an exciting discus- benefits that the servicemember tion of natural resources, nuclear dis- sion about the political race ramping earned for them. armament and generations of Ameri- up in West Virginia. That was the day Our wounded warriors could always cans who have made public service a I shook hands with the Kennedys. come to her with a problem and be con- way of life. John Kennedy and his family spent fident that it would be managed for John Kennedy’s immortal words, es- so much time campaigning in West Vir- them. She has represented me on hun- pecially those of his Inaugural Address, ginia that he once quipped that ‘‘West dreds of occasions on Veterans Day and still call us to action—to think beyond Virginia’’ was the third word his Memorial Day and any day that vet- our own self-interests, and to do what daughter Caroline learned to pro- erans and our brave military needed is best for our country and the people nounce. He once boasted that he was me. She has also been the link to my of the world. the only Presidential candidate in his- Veterans Advisory Board and the Gov- Like millions of Americans, I vividly tory, other than West Virginian John ernor’s Commission on Veterans. recall the exact moment on that cold Davis in 1924, ‘‘who knows where Slab Denise also represents me through- day of November 22, 1963, when I heard Fork is and has been there.’’ out Maryland, most especially in Anne the shocking news from Dallas that the John Kennedy came to West Virginia Arundel County. She was instrumental President had been shot. I was a junior to show that a Catholic could win in a in the creation of the BWI partnership at Farmington High School. By the predominantly Protestant State. and the Fort Meade Alliance. State and time we were told of the tragedy, it Americans worried that a Catholic local officials in Anne Arundel County was just after lunch and my classmates President would be controlled by the know she is my catcher’s mitt. Actu- and I walked into English class. Mr. Pope and that Catholic Mass would be ally they think she is the Senator, be- Simon Matthews, our English teacher held in the White House every day. Let cause we are both short in height. But who also was one of our football coach- me just note here that John Kennedy Denise is also tall in stature among her es, broke the unspeakable news. carried the West Virginia primary in a colleagues, for certainly she has no Mr. Matthews announced austerely, landslide—with 60.8 percent. He won peer. ‘‘The President has been shot.’’ We our votes and our heart. He went on to Denise has recently been in a key ad- thought he was joking and teased him become, as he put it, ‘‘not the Catholic vocacy role assisting me in my efforts to quit kidding us. He said again, ‘‘The candidate for President,’’ but ‘‘the

VerDate Mar 15 2010 03:21 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.018 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8453 Democrat Party’s candidate for Presi- THE CAREGIVERS ACT sible. I hope my fellow Members will dent, who happens also to be a Catho- Mr. SANDERS. Mr. President, No- help me honor the commitment this lic.’’ But there was one Catholic Mass vember is National Family Caregivers country has to all of its veterans by in the White House, on November 23, Month. As Chairman of the Senate supporting S. 851 when it comes to the 1963—a Requiem Mass for the slain Committee on Veterans’ Affairs, I Floor. President. would like to take a moment to discuss f As I reflect now on how much life the important role caregivers play in ADDITIONAL STATEMENTS intersected with John Kennedy’s life, I the lives of our Nation’s veterans as prefer to think about the beginning of they cope with the visible and invisible the Kennedy Presidency rather than its wounds of war. TRIBUTE TO NICHOLAS GIACCONE tragic ending. I prefer to remember his For generations, as the men and ∑ Ms. AYOTTE. Mr. President, today I Inaugural Address. It was just 1,355 women of our armed forces returned wish to recognize and congratulate words and 14 minutes long, but it set in home with serious injuries sustained Chief of Police Nicholas Giaccone of motion a generation of Americans with overseas, their wives, husbands, par- the Hanover, NH Police Department for a passion for public service. ents and other family members stepped his 40 years of dedicated service to the Some were inspired to defend liberty in to care for them. These family mem- law enforcement profession, the Town as soldiers, sailors, Marines and air- bers have often provided this care at of Hanover, and the State of New men. Some would march for civil rights significant personal sacrifice. Their Hampshire. in the South. Some would join the dedication to the needs of injured vet- Chief Giaccone began his law enforce- Peace Corps and become ambassadors erans has often resulted in lost profes- ment career in 1973 as a patrol officer sional opportunities, negative impact of peace in villages throughout the with the Town of Hanover, home of on their own physical and mental world. And some would answer the call Dartmouth College. Nicholas Giaccone health, and reduction in income. to service by seeking public office. was promoted to detective in 1977; de- Under the ‘‘Caregivers and Veterans tective sergeant in 1987; and assumed John Kennedy was a powerful and Omnibus Health Services Act of 2010,’’ positive force in my life and the life of the role of acting chief of police, then a number of important benefits were chief of police in July of 1994. As a de- our Nation. To me, he embodied a time made available to these caregivers for tective sergeant, Nicholas Giaccone when politics could be harnessed to the first time, with additional services helped lead the investigation into a higher aspirations, to do good things and benefits made available to care- double homicide of two graduate stu- for the country. givers of seriously injured post–9/11 dents, which culminated in the success- Not only did his Inaugural Address veterans and their families. These ad- ful prosecution and conviction of Haile famously challenge us to ask ourselves ditional services and benefits include a Selassie Girmay on March 2, 1993. what we can do for our country, it also tax-free monthly stipend, travel assist- He was chief of police when two Dart- provided timeless advice on how to ance, health insurance, mental health mouth professors, Half and Susanne overcome the bitterness of partisan services and counseling, caregiver Zantop, were killed inside their Etna politics. An election, he said, is ‘‘not a training and respite care. home in 2001, garnering national head- victory of party, but a celebration of Passage of the Caregivers Act served lines for days. Chief Giaccone’s dili- freedom,’’ not an end but a beginning as an important step in ensuring the gence in ensuring the department prop- ‘‘signifying renewal.’’ That is still good caregivers of our newest generation of erly handled the vital physical evi- advice. veterans received the additional re- dence at the scene, led to the success- John Kennedy was a committed Dem- sources to provide the best possible ful convictions of Robert Tulloch and ocrat and few people loved politics care for their loved ones. However, lim- James Parker. They were sentenced on more than he and his family. But he iting eligibility for these additional April 4, 2002. understood—as he wrote in his book services and benefits to caregivers of During his long tenure as a police Profiles In Courage, that ‘‘there are post-9/11 veterans created an inequity chief, Chief Giaccone has been a leader few if any issues where all the truth between caregivers of the newest gen- in promoting community oriented po- and all the right and all the angels are eration of veterans and the tens of licing; in improving public safety with- on one side.’’ He accepted the fact that thousands of hardworking, dedicated in the State of New Hampshire; and in democracy relies on competing views caregivers who provide care to all promoting sound public policies and and vigorous debate. other veterans. practices, which have helped keep New In an effort to address the disparity, But he did not believe the objective Hampshire one of the safest States in I introduced legislation earlier this should be to win political power but to the Nation. Chief Giaccone has worked year that would extend the services solve our country’s problems. As he tirelessly with community leaders, and benefits of the Caregiver Program once said, ‘‘Let us not despair but act. New Hampshire’s Legislature, and to caregivers of veterans of all eras. Let us not seek the Republican answer other public officials, to better the ad- Through this expansion, severely in- or the Democratic answer but the right ministration of justice and promote jured pre-9/11 veterans and their fami- answer. Let us not seek to fix the public safety. lies may now leverage the benefits blame for the past—let us accept our As Chief Nicholas Giaccone cele- from which, until now, only post–9/11 own responsibility for the future.’’ brates his retirement, I want to com- veterans have benefited. The Congres- mend him on a job well done, and I ask That is what I have always tried to sional Budget Office estimates this bill my colleagues to join me in wishing do—to find the right answer and to do would expand access to services to ap- him well in all future endeavors.∑ what is best for my country and the proximately 70,000 caregivers of pre-9/11 f generations of Americans to follow. veterans. I am pleased the committee That is why, 50 years after John Ken- passed my legislation, S. 851, the Care- TRIBUTE TO LIEUTENANT nedy’s death, I still try to follow his givers Expansion and Improvement Act COLONEL CHARLES LANE, JR. admonition to ‘‘go forth to lead the of 2013 earlier this year and am work- ∑ Mr. JOHANNS. Mr. President, today land we love, asking His blessing and ing to bring it before the full Senate I wish to recognize Lt. Col. Charles His help knowing that here on earth for a vote. Lane, Jr., of Omaha, for his contribu- God’s work must truly be our own.’’ All caregivers of our Nation’s injured tions to the United States of America He acknowledged that this was not veterans deserve our full support. This through his military and public serv- the work of a hundred days, or of a is an issue of equity. As a long-stand- ice. Mr. Lane passed away on Novem- thousand days, or of one administra- ing advocate for veterans, I will con- ber 8, 2013, at the age of 88. He lived a tion, or of a lifetime, but of genera- tinue to work to ensure caregivers life dedicated to defending our country tions. Even so, he said, ‘‘Let us begin.’’ have the resources they need. We have and helping others in the greater Mr. President, to you and to all our learned from experience and research Omaha community. colleagues in the Senate, I say: Let us that veterans are best served when Lieutenant Colonel Lane’s military continue. they can live as independently as pos- career began in 1943, when he entered

VerDate Mar 15 2010 03:21 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.075 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8454 CONGRESSIONAL RECORD — SENATE November 21, 2013 the Cadet Corps at the Tuskegee Insti- tunity to focus our attention on tribal Williams, Jr., who will retire as direc- tute in Tuskegee, AL. He soon became sovereignty by ensuring trust respon- tor of the Defense Contract Manage- a fighter pilot and joined the Army Air sibilities are upheld and government- ment Agency—DCMA—on November 25, Corps 99th Pursuit Squadron. In World to-government relationships with 2013, after more than 30 years of service War II, Lane flew 26 combat missions, tribes across the Nation are strength- to our Nation. flying P–51 Mustang fighter planes. ened. This month has added significance to Director Williams began his public Following the war, Lieutenant Colonel service career in 1982 through the Air Lane continued his service in the U.S. me, as I represent a state with nine treaty tribes. I would like to person- Force Logistics Command at Kelly Air Air Force for 27 years, until his retire- Force Base in Texas. Over the fol- ment in 1970. His last station was at ally acknowledge and honor South Da- lowing years, his career included a se- Strategic Air Command, Offutt Air kota’s nine treaty tribes: the Cheyenne ries of appointments with ever-increas- Base, near Bellevue, NE. Following his River Sioux, the Crow Creek Sioux, the ing responsibility. He was the Deputy service, Lane and his family remained Flandreau Santee Sioux, the Lower Assistant Secretary of the Air Force in the area. Brule Sioux, the Oglala Sioux, the In 2007, Lane was awarded the Con- Rosebud Sioux, the Sisseton-Wahpeton for Contracting, in the Office of the As- gressional Gold Medal by President Oyate, the Standing Rock Sioux, and sistant Secretary of the Air Force for George W. Bush in recognition of his the Yankton Sioux. Each tribe brings Acquisition, a U.S. member of the bravery, courage and sacrifice during rich cultures and histories that greatly North Atlantic Treaty Organization’s World War II. Along with his fellow benefit all South Dakotans, not just in Airborne Early Warning and Control Tuskegee Airmen, he bravely rose November, but throughout the year. Program Board of Directors, the team above the racial divisions of the time American Indians across the United lead of Program Executive Officer and to serve our country with honor and States have served and continue to Designated Acquisition Commander valor. In addition to their courageous serve in our Armed Forces at rates programs, and finally, Director of higher than any other ethnic group, service, the Tuskegee Airman provided DCMA. and their dedication and commitment inspiration to our country, paving the Director Williams was stationed at to the United States is unwavering. way towards greater equality for all Fort Lee, VA for his final mission. As This month, the Cheyenne River Sioux Americans. Director of DCMA he oversees the de- As a civilian, Lieutenant Colonel Tribe, Crow Creek Sioux Tribe, Lower livery of all products and services, Lane continued to serve his commu- Brule Sioux Tribe, Oglala Sioux Tribe, from water to weapons systems, to our Rosebud Sioux Tribe, Standing Rock nity. As Executive Director of the troops around the world. He leads near- Sioux Tribe, Sisseton-Wahpeton Oyate Greater Omaha Community Action ly 11,000 personnel, both civilian and and Yankton Sioux Tribe were honored Inc.—GOCA, he fought poverty on a military, who execute contracts world- with Congressional Gold Medals for the number of fronts by addressing hunger, wide, covering more than 19,900 con- contributions of their code talkers dur- substance abuse, mental health and tractors and more than $223 billion in ing World Wars I and II. The use of others. Spanning his tenure of more obligations. Recently, Director Wil- tribal languages equipped our Armed than two decades at the agency, he was liams and DCMA oversaw more than Forces with a system of communica- known as being determined efforts to 300 critical theater support contracts tion that was not decoded. The valiant help the impoverished achieve self-suf- valued at more than $20 billion, deliv- contributions of tribal code talkers to ering logistics, security, transpor- ficiency. the United States are unparalleled and Demonstrating Lieutenant Colonel tation, maintenance and critical life- to be commended. Lane’s tireless passion for service, It is also important to reflect on the support services to 230,000 Inter- upon retirement he continued to volun- numerous contributions Native Ameri- national Security Assistance Force teer his time, talent and resources to a cans across the country have made in personnel at over 180 forward operating number of important causes in the our society this November. Countless bases. Under Director Williams’ leader- Omaha area. He founded the 99th Pur- dedicated individuals continue to work ship, DCMA professionals provided suit Cadet Squadron of the Nebraska on the ground in Indian Country to im- mentorship and guidance to more than Wing of the Civil Air Patrol, the offi- prove tribal communities for future 60,000 deployed contractor personnel cial auxiliary of the United States Air generations. However, the Federal gov- throughout Afghanistan, executing Force. As the Squadron’s first Com- ernment must also uphold its trust re- more than 5,000 missions, despite sig- mander and later its Commander sponsibility with tribes and continue nificant danger. Their efforts ensured Emeritus, he mentored countless youth to improve access to healthcare, edu- service of more than 240 million meals and promoted aviation throughout Ne- cation, and adequate housing. to coalition force personnel, produc- braska. He also served as a national Thoughtful communication and col- tion of more than 10 billion gallons of representative of Tuskegee Airmen, laboration between tribal and federal water, and delivery of 48 million bags Inc. leaders on these issues is necessary to of laundry and 900 million gallons of May Lieutenant Colonel Lane’s life- advance the quality of life for Amer- fuel. long commitment to our great Nation ican Indians. I commend Director Williams’ com- and serving others is truly commend- This November, I urge Americans to mitment to duty and cause, as well as able. I ask my colleagues and the citi- participate in the celebration of Native his passion for public service. In every zens of the United States to join me in American Heritage Month by taking a role in which he served, he contributed honoring his service on this day.∑ moment to learn more about the herit- to the success of the mission, dem- f age, culture, and various contributions onstrated high standards of conduct, NATIVE AMERICAN HERITAGE Native Americans have made to the and served with honesty, loyalty, and MONTH United States throughout our shared integrity. His long career of service history. I would like to acknowledge will leave a lasting impact on our Na- ∑ Mr. JOHNSON of South Dakota. Mr. and praise the more than 70,000 Amer- President, each November we recognize tion. Director Williams is a devoted ican Indians in South Dakota who en- husband to his wife, Tujuanna, and National Native American Heritage rich our communities on a daily basis. Month to honor the tradition, culture, dedicated father to his two daughters, Education and awareness of tribal his- Chloe and Charity. contributions, achievements, and sac- tories will enable us to move forward rifices of those that originally inhab- as a Nation which embraces the diver- I extend my gratitude and that of the ited this great Nation. With over 5 mil- sity of all.∑ entire Nation to Director Williams for lion individuals of Native American de- his service to our country. The Com- f scent in the United States, it is impor- monwealth of Virginia and the United tant to celebrate the instrumental im- TRIBUTE TO CHARLIE E. States are fortunate to have had Direc- pact Native American culture has had WILLIAMS, JR. tor Williams among our ranks. I wish on American history. National Native ∑ Mr. KAINE. Mr. President, today I him the best of luck in the months and American Heritage Month is an oppor- recognize and pay tribute to Charlie E. years ahead.∑

VerDate Mar 15 2010 04:34 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.028 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8455 TRIBUTE TO ROBERT DEPOE III nounced that the House has passed the adjournment of the Senate in the Office of the President of the Senate on November 8, ∑ Mr. TESTER. Mr. President, today I following bills, in which it requests the concurrence of the Senate: 2013; to the Committee on Environment and wish to honor Robert DePoe III on re- Public Works. cently becoming the new president of H.R. 1965. An act to streamline and ensure EC–3660. A communication from the Direc- Salish Kootenai College in Pablo, MT. onshore energy permitting, provide for on- tor, Office of Sustainable Fisheries, Depart- Robert was born in Polson, MT and was shore leasing certainty, and give certainty ment of Commerce, transmitting, pursuant to oil shale development for American en- 2-years-old when Salish Kootenai Col- to law, the report of a rule entitled ‘‘Endan- ergy security, economic development, and gered and Threatened Species; Delisting of lege was founded in 1977. Robert spent job creation, and for other purposes. the Eastern District Population Segment of his entire childhood on the Flathead H.R. 2728. An act to recognize States’ au- Steller Sea Lion Under the Endangered Spe- Reservation in Montana’s Mission Val- thority to regulate oil and gas operations cies Act; Amendment to Special Protection ley, graduating from high school in and promote American energy security, de- Measures for Endangered Marine Mammals’’ Ronan in 1993. velopment, and job creation. (RIN0648–BB41) received in the Office of the After attending North Idaho College, f President of the Senate on November 14, Robert returned home and worked at a 2013; to the Committee on Environment and MEASURES PLACED ON THE Public Works. local mill before going on a church CALENDAR EC–3661. A communication from the Chief mission that led him to Southern Utah of the Recovery and Delisting Branch, Fish University. At Southern Utah, Robert The following bill was read the sec- and Wildlife Service, Department of the Inte- earned his bachelor’s degree in crimi- ond time, and placed on the calendar: rior, transmitting, pursuant to law, the re- nal justice before becoming a social S. 1752. A bill to reform procedures for de- port of a rule entitled ‘‘Endangered and worker with the Paiute Tribe of Utah. terminations to proceed to trial by court- Threatened Wildlife and Plants; Removal of At 27, Robert became education direc- martial for certain offenses under the Uni- the Magazine Mountain Shagreen from the List of Endangered and Threatened Wildlife’’ tor and served as an advisor and chair- form Code of Military Justice, and for other purposes. (RIN1018–AX59) received during adjournment man of the Coalition of Minorities to of the Senate in the Office of the President the Utah State Board of Education. f of the Senate on November 15, 2013; to the From there, Robert’s ascent continued, MEASURES READ THE FIRST TIME Committee on Environment and Public and he went on to earn his master’s de- Works. The following bills were read the first gree in professional communication. EC–3662. A communication from the Chief time: of the Foreign Species Branch, Fish and Now, at 38, Robert is returning home H.R. 1965. An act to streamline and ensure Wildlife Service, Department of the Interior, again to lead Salish Kootenai College. transmitting, pursuant to law, the report of Robert will take over a job recently va- onshore energy permitting, provide for on- shore leasing certainty, and give certainty a rule entitled ‘‘Endangered and Threatened cated by Luana Ross. Prior to Luana, to oil shale development for American en- Wildlife and Plants; Listing Five Foreign the position was held exclusively by ergy security, economic development, and Bird Species in Colombia and Ecuador, the founding president of over 30 years, job creation, and for other purposes. South America, as Endangered Throughout Joe McDonald. Joe is a legend in high- H.R. 2728. An act to recognize States’ au- Their Range’’ (RIN1018–AV75) received dur- er education. Under his leadership, Sa- thority to regulate oil and gas operations ing adjournment of the Senate in the Office and promote American energy security, de- of the President of the Senate on November lish Kootenai College became one of 15, 2013; to the Committee on Environment the premier tribal colleges in the Na- velopment, and job creation. S. 1774. A bill to reauthorize the and Public Works. tion. EC–3663. A communication from the Chief Undetectable Firearms Act of 1988 for 1 year. of the Endangered Species Listing Branch, During Joe’s 38-year tenure, Salish S. 1775. A bill to improve the sexual assault Fish and Wildlife Service, Department of the Kootenai transformed from a campus prevention and response programs and ac- extension for a local community col- Interior, transmitting, pursuant to law, the tivities of the Department of Defense, and report of a rule entitled ‘‘Endangered and lege to educating over 1,000 Native stu- for other purposes. Threatened Wildlife and Plants; Determina- dents. While Robert has big shoes to f tion of Endangered Species Status for the fill, I know he is ready for the chal- Mount Charleston Blue Butterfly’’ (RIN1018– lenge. And he has a capable faculty and ENROLLED BILLS PRESENTED AY52) received during adjournment of the eager students to make his task a little The Secretary of the Senate reported Senate in the Office of the President of the easier. that on today, November 21, 2013, she Senate on November 15, 2013; to the Com- I wish good luck to Robert and to Sa- mittee on Environment and Public Works. had presented to the President of the EC–3664. A communication from the Chief lish Kootenai College as they continue United States the following enrolled of the Permits and Regulations Branch, Fish to honor the heritage of the Salish and bills: and Wildlife Service, Department of the Inte- Kootenai while preparing our future S. 252. An act to reduce preterm labor and rior, transmitting, pursuant to law, the re- leaders of Montana.∑ delivery and the risk of pregnancy-related port of a rule entitled ‘‘General Provisions; Revised List of Migratory Birds’’ (RIN1018– f and complications due to pregnancy, and to reduce infant mortality caused by pre- AX48) received during adjournment of the MESSAGES FROM THE PRESIDENT maturity, and for other purposes. Senate in the Office of the President of the Senate on November 15, 2013; and Environ- Messages from the President of the S. 1545. An act to extend authorities re- lated to global HIV/AIDS and to promote ment and Public Works. United States were communicated to oversight of United States programs. EC–3665. A communication from the Chief the Senate by Mr. Pate, one of his sec- of the Permits and Regulations Branch, Fish retaries. f and Wildlife Service, Department of the Inte- EXECUTIVE AND OTHER rior, transmitting, pursuant to law, the re- f port of a rule entitled ‘‘Migratory Bird Hunt- COMMUNICATIONS EXECUTIVE MESSAGES REFERRED ing; Application for Approval of Copper-Clad The following communications were Iron Shot and Fluoropolymer Shot Coatings As in executive session the Presiding laid before the Senate, together with as Nontoxic for Waterfowl Hunting’’ Officer laid before the Senate messages accompanying papers, reports, and doc- (RIN1018–AY61, RIN1018–AY66) received dur- from the President of the United uments, and were referred as indicated: ing adjournment of the Senate in the Office States submitting sundry nominations of the President of the Senate on November EC–3658. A communication from the Ad- which were referred to the appropriate 15, 2013; to the Committee on Environment ministrator of the Environmental Protection and Public Works. committees. Agency, transmitting, pursuant to law, a re- EC–3666. A communication from the Chief (The messages received today are port entitled ‘‘Fiscal Year 2012 Superfund of the Permits and Regulations Branch, Fish printed at the end of the Senate pro- Five-Year Review Report to Congress’’; to and Wildlife Service, Department of the Inte- ceedings.) the Committee on Environment and Public rior, transmitting, pursuant to law, the re- Works. port of a rule entitled ‘‘Migratory Bird Per- f EC–3659. A communication from the Direc- mits; Depredation Order for Migratory Birds MESSAGE FROM THE HOUSE tor of Congressional Affairs, Nuclear Regu- in California’’ (RIN1018–AY65) received dur- latory Commission, transmitting, pursuant ing adjournment of the Senate in the Office At 1:01 p.m., a message from the to law, the report of a rule entitled ‘‘Amend- of the President of the Senate on November House of Representatives, delivered by ments to Material Control and Accounting 15, 2013; to the Committee on Environment Mrs. Cole, one of its reading clerks, an- Regulations’’ (RIN3150–AI61) received during and Public Works.

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G21NO6.064 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8456 CONGRESSIONAL RECORD — SENATE November 21, 2013 EC–3667. A communication from the Chief mitting, pursuant to law, a report entitled EC–3687. A communication from the Chief of the Permits and Regulations Branch, Fish ‘‘Evaluation of the Cancer Prevention and Privacy Officer, Department of Homeland and Wildlife Service, Department of the Inte- Treatment Demonstration for Ethnic and Security, transmitting, pursuant to law, a rior, transmitting, pursuant to law, the re- Racial Minorities: Final Report to Con- report entitled ‘‘DHS Privacy Office 2013 An- port of a rule entitled ‘‘Migratory Bird Per- gress’’; to the Committee on Health, Edu- nual Report to Congress’’; to the Committee mits; Definition of ’Hybrid’ Migratory Bird’’ cation, Labor, and Pensions. on Homeland Security and Governmental Af- (RIN1018–AX90) received during adjournment EC–3680. A communication from the Acting fairs. of the Senate in the Office of the President Assistant Secretary, Office of Special Edu- EC–3688. A communication from the Direc- of the Senate on November 15, 2013; to the cation and Rehabilitative Services, Depart- tor, Office of Management and Budget, Exec- Committee on Environment and Public ment of Education, transmitting, pursuant utive Office of the President, transmitting, Works. to law, the report of a rule entitled ‘‘Final pursuant to law, a report entitled ‘‘Statis- EC–3668. A communication from the Chief Priority—Rehabilitation Training: Rehabili- tical Programs of the United States Govern- of the Border Securities Regulations Branch, tation Long-Term Training Program—Voca- ment: Fiscal Year 2014’’; to the Committee Customs and Border Protection, Department tional Rehabilitation Counseling’’ (CFDA on Homeland Security and Governmental Af- of Homeland Security, transmitting, pursu- No. 84.129B) received in the Office of the fairs. ant to law, the report of a rule entitled President of the Senate on November 14, EC–3689. A communication from the Fed- ‘‘Technical Corrections Relating to the Pro- 2013; to the Committee on Health, Education, eral Co-Chair, Appalachian Regional Com- cedures for the Production or Disclosure of Labor, and Pensions. mission, transmitting, pursuant to law, the Information in State or Local Criminal Pro- EC–3681. A communication from the Pro- Commission’s Semiannual Report of the In- ceedings’’ (CBP Dec. 13–18) received in the gram Manager, Centers for Medicare and spector General for the period from April 1, Office of the President of the Senate on No- Medicaid Services, Department of Health 2013 through September 30, 2013; to the Com- vember 18, 2013; to the Committee on Fi- and Human Services, transmitting, pursuant mittee on Homeland Security and Govern- nance. to law, the report of a rule entitled ‘‘Final mental Affairs. EC–3669. A communication from the Fiscal Rules under the Paul Wellstone and Pete EC–3690. A communication from the Chair- Assistant Secretary, Department of the Domenici Mental Health Parity and Addic- man of the National Credit Union Adminis- Treasury, transmitting, pursuant to law, the tion Equity Act of 2008; Technical Amend- tration, transmitting, pursuant to law, the annual reports that appeared in the June ment to External Review for Multi-State Semi-Annual Report of the Inspector Gen- 2013 Treasury Bulletin; to the Committee on Plan Program’’ (RIN0938–AP65) received in eral for the period from April 1, 2013 through Finance. the Office of the President of the Senate on September 30, 2013; to the Committee on EC–3670. A communication from the Assist- November 13, 2013; to the Committee on Homeland Security and Governmental Af- ant Secretary, Legislative Affairs, Depart- Health, Education, Labor, and Pensions. fairs. ment of State, transmitting, pursuant to EC–3682. A communication from the Assist- EC–3691. A communication from the Reg- law, a report relative to section 40(g)(2) of ant Secretary, Employee Benefits Security ister of Copyrights and Director, United the Arms Export Control Act (DDTC 13–175); Administration, Department of Labor, trans- States Copyright Office, Library of Congress, to the Committee on Foreign Relations. mitting, pursuant to law, the report of a rule transmitting, pursuant to law, a report enti- EC–3671. A communication from the Acting entitled ‘‘Final Rule under the Paul tled ‘‘Proposed Schedule and Analysis of Assistant Secretary, Legislative Affairs, De- Wellstone and Pete Domenici Mental Health Copyright Fees To Go into Effect on or about partment of State, transmitting, pursuant to Parity and Addiction Equity Act of 2008; April 1, 2014’’; to the Committee on the Judi- law, a report relative to section 36(c) of the Technical Amendment to External Review ciary. Arms Export Control Act (DDTC 13–075); to for Multi-State Plan Program’’ (RIN1210– EC–3692. A communication from the Chief the Committee on Foreign Relations. AB30) received in the Office of the President Privacy and Civil Liberties Officer, Office of EC–3672. A communication from the Acting of the Senate on November 12, 2013; to the Privacy and Civil Liberties, Department of Assistant Secretary, Legislative Affairs, De- Committee on Health, Education, Labor, and Justice, transmitting, pursuant to law, the partment of State, transmitting, pursuant to Pensions. report of a rule entitled ‘‘Freedom of Infor- law, a report relative to section 36(c) of the EC–3683. A communication from the Asso- mation, Privacy Act, and Government in the Arms Export Control Act (DDTC 13–144); to ciate General Counsel for General Law, De- Sunshine Act Procedures’’ (RIN0311–AA02) the Committee on Foreign Relations. partment of Homeland Security, transmit- received in the Office of the President of the EC–3673. A communication from the Acting ting, pursuant to law, a report relative to a Senate on November 14, 2013; to the Com- Assistant Secretary, Legislative Affairs, De- vacancy in the position of Chief Financial mittee on the Judiciary. partment of State, transmitting, pursuant to Officer, Department of Homeland Security, EC–3693. A communication from the Dep- law, a report relative to section 36(c) of the received in the Office of the President of the uty Assistant Administrator, Office of Diver- Arms Export Control Act (DDTC 13–126); to Senate on November 14, 2013; to the Com- sion Control, Drug Enforcement Agency, De- the Committee on Foreign Relations. mittee on Homeland Security and Govern- partment of Justice, transmitting, pursuant EC–3674. A communication from the Acting mental Affairs. to law, the report of a rule entitled ‘‘Sched- Assistant Secretary, Legislative Affairs, De- EC–3684. A communication from the Asso- ules of Controlled Substances: Temporary partment of State, transmitting, pursuant to ciate General Counsel for General Law, De- Placement of Three Synthetic law, a report relative to section 36(c) of the partment of Homeland Security, transmit- Phenethylamines Into Schedule I’’ (Docket Arms Export Control Act (DDTC 13–157); to ting, pursuant to law, a report relative to a No. DEA–382) received during adjournment of the Committee on Foreign Relations. vacancy in the position of Secretary of the the Senate in the Office of the President of EC–3675. A communication from the Acting Department of Homeland Security, received the Senate on November 15, 2013; to the Com- Assistant Secretary, Legislative Affairs, De- in the Office of the President of the Senate mittee on the Judiciary. partment of State, transmitting, pursuant to on November 14, 2013; to the Committee on law, a report relative to section 36(c) of the Homeland Security and Governmental Af- f Arms Export Control Act (DDTC 13–153); to fairs. EXECUTIVE REPORT OF the Committee on Foreign Relations. EC–3685. A communication from the Gen- COMMITTEE EC–3676. A communication from the Acting eral Counsel, Executive Office of the Presi- Assistant Secretary, Legislative Affairs, De- dent, Office of Management and Budget, The following executive report of a partment of State, transmitting, pursuant to transmitting, pursuant to law, a report rel- nomination was submitted: law, a report relative to section 36(c) of the ative to a vacancy in the position of Deputy By Mr. JOHNSON, of South Dakota, for Arms Export Control Act (DDTC 13–133); to Director for Management, Office of Manage- the Committee on Banking, Housing, and the Committee on Foreign Relations. ment and Budget, received in the Office of Urban Affairs. EC–3677. A communication from the Assist- the President of the Senate on November 4, *Janet L. Yellen, of California, to be Chair- ant Legal Adviser for Treaty Affairs, Depart- 2013; to the Committee on Homeland Secu- man of the Board of Governors of the Federal ment of State, transmitting, pursuant to the rity and Governmental Affairs. Reserve System for a term of four years. Case-Zablocki Act, 1 U.S.C. 112b, as amended, EC–3686. A communication from the Acting the report of the texts and background state- Director, Office of Personnel Management, *Nomination was reported with rec- ments of international agreements, other transmitting, pursuant to law, the report of ommendation that it be confirmed sub- than treaties (List 2013–0185–2013–0194); to the a rule entitled ‘‘Federal Employees Health ject to the nominee’s commitment to Committee on Foreign Relations. Benefits Program and Federal Employees respond to requests to appear and tes- EC–3678. A communication from the Execu- Dental and Vision Insurance Program; Ex- tify before any duly constituted com- tive Analyst (Political), Department of panding Coverage of Children; Federal Flexi- mittee of the Senate. Health and Human Services, transmitting, ble Benefits Plan: Pre-Tax Payment of pursuant to law, (3) three reports relative to Health Benefits Premiums: Conforming f vacancies in the Department of Health and Amendments’’ (RIN3206–AM55) received in INTRODUCTION OF BILLS AND Human Services; to the Committee on the Office of the President of the Senate on JOINT RESOLUTIONS Health, Education, Labor, and Pensions. November 7, 2013; to the Committee on EC–3679. A communication from the Sec- Homeland Security and Governmental Af- The following bills and joint resolu- retary of Health and Human Services, trans- fairs. tions were introduced, read the first

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.015 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8457 and second times by unanimous con- By Mr. MARKEY (for himself and Mr. Mr. WHITEHOUSE, Mr. COONS, and Mr. sent, and referred as indicated: WHITEHOUSE): PRYOR): S. 1767. A bill to amend title 49, United By Mrs. MURRAY (for herself, Ms. S. Res. 309. A resolution expressing support States Code, to require gas pipeline facilities for improvement in the collection, proc- LANDRIEU, and Ms. BALDWIN): to accelerate the repair, rehabilitation, and S. 1754. A bill to amend the Higher Edu- essing, and consumption of recyclable mate- replacement of high-risk pipelines used in cation Act of 1965 to improve the financial rials throughout the United States; to the commerce, and for other purposes; to the aid process for homeless children and youths Committee on Environment and Public Committee on Commerce, Science, and and foster children and youth; to the Com- Works. Transportation. mittee on Health, Education, Labor, and By Mr. ISAKSON (for himself and Ms. By Mr. MARKEY (for himself and Mr. Pensions. BALDWIN): WHITEHOUSE): By Mr. TOOMEY: S. Res. 310. A resolution designating De- S. 1768. A bill to establish State revolving S. 1755. A bill to require the Secretary of cember 3, 2013, as ‘‘National Phenyl- loan funds to repair or replace natural gas Veterans Affairs to conduct a study on mat- ketonuria Awareness Day’’; to the Com- distribution pipelines; to the Committee on ters relating to the claiming and interring of mittee on the Judiciary. Commerce, Science, and Transportation. unclaimed remains of veterans, and for other By Mr. MERKLEY (for himself, Mrs. By Mr. TOOMEY (for himself and Mr. purposes; to the Committee on Veterans’ Af- BOXER, Mrs. FEINSTEIN, and Mr. MUR- CARPER): fairs. PHY): S. 1769. A bill to limit the establishment of By Mr. BLUNT (for himself and Mr. S. Res. 311. A resolution calling on the certain standards of care or duties of care KING): International Olympic Committee (IOC) to S. 1756. A bill to amend section 403 of the owed by health care providers to patients in strongly oppose Russia’s discriminatory law Federal Food, Drug and Cosmetic Act to im- any medical malpractice or medical product against the freedom of expression for lesbian, prove and clarify certain disclosure require- liability action or claim; to the Committee gay, bisexual, and transgender (LGBT) per- ments for restaurants, similar retail food es- on the Judiciary. sons and to obtain written assurance that tablishments, and vending machines; to the By Mr. FLAKE: host countries of the Olympic Games will up- Committee on Health, Education, Labor, and S. 1770. A bill to provide for Federal civil hold all international human rights and civil Pensions. liability for trade secret misappropriation in rights obligations for all persons observing By Mr. SCHUMER (for himself and certain circumstances; to the Committee on or participating in the Games regardless of the Judiciary. Mrs. GILLIBRAND): race, sex, sexual orientation, or gender iden- S. 1757. A bill to provide for an equitable By Mr. MERKLEY (for himself and Mr. tity, and for other purposes; to the Com- management of summer flounder based on WYDEN): mittee on Commerce, Science, and Transpor- geographic, scientific, and economic data S. 1771. A bill to amend the Wild and Sce- tation. and for other purposes; to the Committee on nic Rivers Act to adjust the Crooked River By Mr. BLUMENTHAL (for himself and Commerce, Science, and Transportation. boundary, to provide water certainty for the Mr. MURPHY): By Ms. BALDWIN (for herself and Mr. City of Prineville, Oregon, and for other pur- S. Con. Res. 26. A concurrent resolution poses; to the Committee on Energy and Nat- THUNE): recognizing the need to improve physical ac- S. 1758. A bill to amend title XVIII of the ural Resources. cess to many federally funded facilities for Social Security Act to increase access to By Mr. SCHUMER (for himself, Mrs. all people of the United States, particularly Medicare data; to the Committee on Fi- GILLIBRAND, Mr. PRYOR, Mr. LEVIN, people with disabilities; to the Committee on nance. Mr. JOHNSON of South Dakota, and Health, Education, Labor, and Pensions. By Mr. SANDERS (for himself, Ms. Ms. COLLINS): By Mr. TOOMEY: S. 1772. A bill to amend the Internal Rev- CANTWELL, Mr. SCHUMER, Mr. CASEY, S. Con. Res. 27. A concurrent resolution ex- enue Code of 1986 to expand tax-free distribu- Mr. DURBIN, Mr. UDALL of New Mex- pressing the sense of Congress that the tions from individual retirement accounts ico, and Mr. HEINRICH): United States should ensure that Israel is S. 1759. A bill to reauthorize the teaching for charitable purposes; to the Committee on able to adequately address an existential Ira- health center program; to the Committee on Finance. nian nuclear threat and to support Israel’s Health, Education, Labor, and Pensions. By Mr. SCHUMER: right to respond to the potential threat of a By Mr. BEGICH: S. 1773. A bill to amend the Truth in Lend- Syrian S–300 air defense system; to the Com- S. 1760. A bill to amend the statutory au- ing Act to provide for the discharge of stu- mittee on Foreign Relations. thorities of the Coast Guard to improve the dent loan obligations upon the death or dis- By Mr. REID: ability of the student borrower, and for other quality of life for current and former Coast S. Con. Res. 28. A concurrent resolution purposes; to the Committee on Health, Edu- Guard personnel and their families, and for providing for a conditional adjournment or cation, Labor, and Pensions. other purposes; to the Committee on Com- recess of the Senate and an adjournment of By Mr. NELSON (for himself and Mr. merce, Science, and Transportation. the House of Representatives; considered and SCHUMER): By Mr. BLUMENTHAL (for himself, agreed to. S. 1774. A bill to reauthorize the Mr. BROWN, and Ms. WARREN): By Mr. HATCH (for himself, Mr. DUR- Undetectable Firearms Act of 1988 for 1 year; S. 1761. A bill to permanently extend the BIN, Mr. BAUCUS, Mr. PORTMAN, Mr. read the first time. Protecting Tenants at Foreclosure Act of WYDEN, Mr. CORNYN, Mr. By Mrs. MCCASKILL (for herself, Ms. 2009 and establish a private right of action to BLUMENTHAL, Mr. ENZI, and Mr. AYOTTE, and Mrs. FISCHER): enforce compliance with such Act; to the CRAPO): S. 1775. A bill to improve the sexual assault Committee on Banking, Housing, and Urban S. Con. Res. 29. A concurrent resolution ex- prevention and response programs and ac- Affairs. pressing the sense of the Congress that chil- tivities of the Department of Defense, and By Mr. SANDERS: dren trafficked in the United States be treat- for other purposes; read the first time. S. 1762. A bill to eliminate certain sub- ed as victims of crime, and not as perpetra- By Ms. KLOBUCHAR (for herself and sidies for fossil-fuel production; to the Com- tors; to the Committee on the Judiciary. mittee on Finance. Mrs. FISCHER): By Mr. ROCKEFELLER: S. 1776. A bill to encourage spectrum li- S. 1763. A bill to increase the effectiveness censees to make unused spectrum available f of child support enforcement and for other for use by rural and smaller carriers in order purposes; to the Committee on Health, Edu- to expand wireless coverage; to the Com- ADDITIONAL COSPONSORS cation, Labor, and Pensions. mittee on Commerce, Science, and Transpor- By Ms. AYOTTE (for herself, Mr. tation. S. 326 BLUNT, Mr. CRAPO, Mrs. MCCASKILL, By Ms. KLOBUCHAR (for herself and At the request of Mrs. BOXER, the Mr. GRAHAM, Mr. ISAKSON, and Ms. Mr. HOEVEN): name of the Senator from New York S. 1777. A bill to support innovation, and BALDWIN): (Mr. SCHUMER) was added as a cospon- S. 1764. A bill to limit the retirement of A– for other purposes; to the Committee on Health, Education, Labor, and Pensions. sor of S. 326, a bill to reauthorize 21st 10 aircraft; to the Committee on Armed century community learning centers, Services. f By Mr. CORKER: and for other purposes. S. 1765. A bill to ensure the compliance of SUBMISSION OF CONCURRENT AND S. 635 Iran with agreements relating to Iran’s nu- SENATE RESOLUTIONS At the request of Mr. BROWN, the clear program; to the Committee on Bank- The following concurrent resolutions name of the Senator from Virginia (Mr. ing, Housing, and Urban Affairs. KAINE) was added as a cosponsor of S. By Ms. AYOTTE: and Senate resolutions were read, and S. 1766. A bill to provide for the equitable referred (or acted upon), as indicated: 635, a bill to amend the Gramm-Leach- distribution of Universal Service funds to By Mr. CARPER (for himself, Mr. Bliley Act to provide an exception to rural States; to the Committee on Com- BOOZMAN, Mr. GRASSLEY, Mrs. MUR- the annual written privacy notice re- merce, Science, and Transportation. RAY, Mr. BLUMENTHAL, Mr. CASEY, quirement.

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.035 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8458 CONGRESSIONAL RECORD — SENATE November 21, 2013 S. 772 sor of S. 1188, a bill to amend the Inter- S. 1712 At the request of Mr. NELSON, the nal Revenue Code of 1986 to modify the At the request of Mr. HATCH, the name of the Senator from South Caro- definition of full-time employee for name of the Senator from Arizona (Mr. lina (Mr. GRAHAM) was added as a co- purposes of the individual mandate in FLAKE) was added as a cosponsor of S. sponsor of S. 772, a bill to amend the the Patient Protection and Affordable 1712, a bill to provide protections for Federal Food, Drug, and Cosmetic Act Care Act. workers with respect to their right to to clarify the Food and Drug Adminis- S. 1251 select or refrain from selecting rep- tration’s jurisdiction over certain to- At the request of Mr. REED, the name resentation by a labor organization. bacco products, and to protect jobs and of the Senator from Rhode Island (Mr. S. 1726 small businesses involved in the sale, WHITEHOUSE) was added as a cosponsor At the request of Mr. RUBIO, the manufacturing and distribution of tra- of S. 1251, a bill to establish programs names of the Senator from Kansas (Mr. ditional and premium cigars. with respect to childhood, adolescent, ROBERTS) and the Senator from Ari- S. 851 and young adult cancer. zona (Mr. FLAKE) were added as cospon- At the request of Mr. SANDERS, the S. 1262 sors of S. 1726, a bill to prevent a tax- name of the Senator from Massachu- At the request of Mr. NELSON, the payer bailout of health insurance setts (Mr. MARKEY) was added as a co- name of the Senator from Minnesota issuers. sponsor of S. 851, a bill to amend title (Mr. FRANKEN) was added as a cospon- S. 1732 38, United States Code, to extend to all sor of S. 1262, a bill to require the Sec- At the request of Mr. LEE, the name veterans with a serious service-con- retary of Veterans Affairs to establish of the Senator from Utah (Mr. HATCH) nected injury eligibility to participate a veterans conservation corps, and for was withdrawn as a cosponsor of S. in the family caregiver services pro- other purposes. 1732, a bill to require the conveyance of gram. S. 1349 certain public land within the bound- aries of Camp Williams, Utah, to sup- S. 862 At the request of Mr. MORAN, the port the training and readiness of the At the request of Ms. AYOTTE, the name of the Senator from Ohio (Mr. Utah National Guard. names of the Senator from Utah (Mr. PORTMAN) was added as a cosponsor of HATCH) and the Senator from Virginia S. 1349, a bill to enhance the ability of S. 1735 (Mr. WARNER) were added as cosponsors community financial institutions to At the request of Mr. ALEXANDER, the of S. 862, a bill to amend section 5000A foster economic growth and serve their names of the Senator from South Da- of the Internal Revenue Code of 1986 to communities, boost small businesses, kota (Mr. THUNE) and the Senator from provide an additional religious exemp- increase individual savings, and for Kansas (Mr. ROBERTS) were added as tion from the individual health cov- other purposes. cosponsors of S. 1735, a bill to amend the Public Health Service Act, the Em- erage mandate. S. 1413 ployee Retirement Income Security S. 908 At the request of Mr. PRYOR, the Act of 1974, and the Internal Revenue At the request of Mr. JOHNSON of name of the Senator from Indiana (Mr. Code of 1986 to exclude from the defini- South Dakota, the name of the Senator DONNELLY) was added as a cosponsor of tion of health insurance coverage cer- from New York (Mr. SCHUMER) was S. 1413, a bill to exempt from seques- tain medical stop-loss insurance ob- added as a cosponsor of S. 908, a bill to tration certain fees of the Food and tained by certain plan sponsors of amend the Public Health Service Act Drug Administration. group health plans. to improve the diagnosis and treat- S. 1517 S. 1747 ment of hereditary hemorrhagic At the request of Mr. WHITEHOUSE, telangiectasia, and for other purposes. At the request of Mr. REED, the name the name of the Senator from New of the Senator from California (Mrs. S. 994 York (Mr. SCHUMER) was added as a co- BOXER) was added as a cosponsor of S. At the request of Mr. WARNER, the sponsor of S. 1517, a bill to amend the 1747, a bill to provide for the extension names of the Senator from Oklahoma Public Health Services Act and the So- of certain unemployment benefits, and (Mr. COBURN), the Senator from Ari- cial Security Act to extend health in- for other purposes. zona (Mr. MCCAIN), the Senator from formation technology assistance eligi- S. 1750 Wisconsin (Mr. JOHNSON), the Senator bility to behavioral health, mental At the request of Mr. FLAKE, the from Wyoming (Mr. ENZI) and the Sen- health, and substance abuse profes- name of the Senator from Utah (Mr. ator from New Hampshire (Ms. AYOTTE) sionals and facilities, and for other HATCH) was added as a cosponsor of S. were added as cosponsors of S. 994, a purposes. 1750, a bill to authorize the Secretary bill to expand the Federal Funding Ac- S. 1570 of the Interior or the Secretary of Ag- countability and Transparency Act of At the request of Ms. MURKOWSKI, the riculture to enter into agreements with 2006 to increase accountability and name of the Senator from Montana States and political subdivisions of transparency in Federal spending, and (Mr. TESTER) was added as a cosponsor States providing for the continued op- for other purposes. of S. 1570, a bill to amend the Indian eration, in whole or in part, of public S. 1135 Health Care Improvement Act to au- land, units of the National Park Sys- At the request of Mr. CASEY, the thorize advance appropriations for the tem, units of the National Wildlife Ref- name of the Senator from Rhode Island Indian Health Service by providing 2- uge System, and units of the National (Mr. REED) was added as a cosponsor of fiscal-year budget authority, and for Forest System in the State during any S. 1135, a bill to amend the Safe Drink- other purposes. period in which the Secretary of the In- ing Water Act to repeal a certain ex- S. 1654 terior or the Secretary of Agriculture emption for hydraulic fracturing, and At the request of Mr. REED, the is unable to maintain normal level of for other purposes. names of the Senator from Alaska (Ms. operations at the units due to a lapse S. 1149 MURKOWSKI) and the Senator from in appropriations, and for other pur- At the request of Mr. NELSON, the Florida (Mr. NELSON) were added as co- poses. name of the Senator from Connecticut sponsors of S. 1654, a bill to amend the S. 1753 (Mr. MURPHY) was added as a cosponsor Internal Revenue Code of 1986 to deny At the request of Mr. NELSON, the of S. 1149, a bill to reauthorize the ban tax deductions for corporate regulatory names of the Senator from New Mexico on undetectable firearms, and to ex- violations. (Mr. UDALL), the Senator from Colo- tend the ban to undetectable firearm S. 1697 rado (Mr. UDALL) and the Senator from receivers and undetectable ammuni- At the request of Mr. HARKIN, the Virginia (Mr. KAINE) were added as co- tion magazines. names of the Senator from New Mexico sponsors of S. 1753, a bill to extend S. 1188 (Mr. HEINRICH) and the Senator from Government liability, subject to appro- At the request of Ms. COLLINS, the South Dakota (Mr. JOHNSON) were priation, for certain third-party claims name of the Senator from South Caro- added as cosponsors of S. 1697, a bill to arising from commercial space lina (Mr. SCOTT) was added as a cospon- support early learning. launches.

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.037 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8459 S.J. RES. 27 tended to be proposed to S. 1197, an the Department of Energy, to prescribe At the request of Mr. MCCONNELL, original bill to authorize appropria- military personnel strengths for such the name of the Senator from Wis- tions for fiscal year 2014 for military fiscal year, and for other purposes. consin (Mr. JOHNSON) was added as a activities of the Department of De- AMENDMENT NO. 2131 cosponsor of S.J. Res. 27, a joint resolu- fense, for military construction, and At the request of Mr. CARDIN, the tion providing for congressional dis- for defense activities of the Depart- name of the Senator from New Jersey approval under chapter 8 of title 5, ment of Energy, to prescribe military (Mr. MENENDEZ) was added as a cospon- United States Code, of the rule sub- personnel strengths for such fiscal sor of amendment No. 2131 intended to mitted by the Internal Revenue Service year, and for other purposes. be proposed to S. 1197, an original bill of the Department of the Treasury re- AMENDMENT NO. 2062 to authorize appropriations for fiscal lating to liability under section 5000A At the request of Mr. GRAHAM, the year 2014 for military activities of the of the Internal Revenue Code of 1986 for name of the Senator from Tennessee Department of Defense, for military the shared responsibility payment for (Mr. ALEXANDER) was added as a co- construction, and for defense activities not maintaining minimum essential sponsor of amendment No. 2062 in- of the Department of Energy, to pre- coverage. tended to be proposed to S. 1197, an scribe military personnel strengths for S. CON. RES. 12 original bill to authorize appropria- such fiscal year, and for other pur- At the request of Mr. ISAKSON, the tions for fiscal year 2014 for military poses. name of the Senator from South Da- activities of the Department of De- AMENDMENT NO. 2141 kota (Mr. JOHNSON) was added as a co- fense, for military construction, and At the request of Ms. MURKOWSKI, the sponsor of S. Con. Res. 12, a concurrent for defense activities of the Depart- name of the Senator from Wisconsin resolution expressing the sense of the ment of Energy, to prescribe military (Ms. BALDWIN) was added as a cospon- Congress that our current tax incen- personnel strengths for such fiscal sor of amendment No. 2141 intended to tives for retirement savings provide year, and for other purposes. be proposed to S. 1197, an original bill important benefits to Americans to AMENDMENT NO. 2063 to authorize appropriations for fiscal help plan for a financially secure re- At the request of Ms. AYOTTE, the year 2014 for military activities of the tirement. name of the Senator from Wisconsin Department of Defense, for military S. RES. 26 (Ms. BALDWIN) was added as a cospon- construction, and for defense activities At the request of Mr. MORAN, the sor of amendment No. 2063 intended to of the Department of Energy, to pre- name of the Senator from Minnesota be proposed to S. 1197, an original bill scribe military personnel strengths for (Mr. FRANKEN) was added as a cospon- to authorize appropriations for fiscal such fiscal year, and for other pur- sor of S. Res. 26, a resolution recog- year 2014 for military activities of the poses. nizing that access to hospitals and Department of Defense, for military AMENDMENT NO. 2143 other health care providers for patients construction, and for defense activities At the request of Ms. MURKOWSKI, the in rural areas of the United States is of the Department of Energy, to pre- name of the Senator from Wisconsin essential to the survival and success of scribe military personnel strengths for (Ms. BALDWIN) was added as a cospon- communities in the United States. such fiscal year, and for other pur- sor of amendment No. 2143 intended to S. RES. 301 poses. be proposed to S. 1197, an original bill At the request of Mr. DURBIN, the AMENDMENT NO. 2081 to authorize appropriations for fiscal name of the Senator from Connecticut At the request of Mrs. BOXER, the year 2014 for military activities of the (Mr. BLUMENTHAL) was added as a co- names of the Senator from Pennsyl- Department of Defense, for military sponsor of S. Res. 301, a resolution rec- vania (Mr. CASEY) and the Senator construction, and for defense activities ognizing and supporting the goals and from Rhode Island (Mr. WHITEHOUSE) of the Department of Energy, to pre- implementation of the National Alz- were added as cosponsors of amend- scribe military personnel strengths for heimer’s Project Act and the National ment No. 2081 intended to be proposed such fiscal year, and for other pur- Plan to Address Alzheimer’s Disease. to S. 1197, an original bill to authorize poses. AMENDMENT NO. 2031 appropriations for fiscal year 2014 for AMENDMENT NO. 2155 At the request of Mr. INHOFE, the military activities of the Department At the request of Mr. COBURN, the names of the Senator from Connecticut of Defense, for military construction, name of the Senator from Florida (Mr. (Mr. MURPHY) and the Senator from and for defense activities of the De- NELSON) was added as a cosponsor of Florida (Mr. NELSON) were added as co- partment of Energy, to prescribe mili- amendment No. 2155 intended to be pro- sponsors of amendment No. 2031 in- tary personnel strengths for such fiscal posed to S. 1197, an original bill to au- tended to be proposed to S. 1197, an year, and for other purposes. thorize appropriations for fiscal year original bill to authorize appropria- AMENDMENT NO. 2118 2014 for military activities of the De- tions for fiscal year 2014 for military At the request of Mr. RISCH, the partment of Defense, for military con- activities of the Department of De- names of the Senator from Wyoming struction, and for defense activities of fense, for military construction, and (Mr. ENZI) and the Senator from Ne- the Department of Energy, to prescribe for defense activities of the Depart- vada (Mr. HELLER) were added as co- military personnel strengths for such ment of Energy, to prescribe military sponsors of amendment No. 2118 in- fiscal year, and for other purposes. personnel strengths for such fiscal tended to be proposed to S. 1197, an AMENDMENT NO. 2172 year, and for other purposes. original bill to authorize appropria- At the request of Mr. CASEY, the AMENDMENT NO. 2053 tions for fiscal year 2014 for military names of the Senator from Vermont At the request of Mr. CRUZ, his name activities of the Department of De- (Mr. LEAHY), the Senator from Texas was added as a cosponsor of amend- fense, for military construction, and (Mr. CORNYN) and the Senator from ment No. 2053 intended to be proposed for defense activities of the Depart- North Dakota (Ms. HEITKAMP) were to S. 1197, an original bill to authorize ment of Energy, to prescribe military added as cosponsors of amendment No. appropriations for fiscal year 2014 for personnel strengths for such fiscal 2172 intended to be proposed to S. 1197, military activities of the Department year, and for other purposes. an original bill to authorize appropria- of Defense, for military construction, AMENDMENT NO. 2122 tions for fiscal year 2014 for military and for defense activities of the De- At the request of Mrs. GILLIBRAND, activities of the Department of De- partment of Energy, to prescribe mili- the name of the Senator from Florida fense, for military construction, and tary personnel strengths for such fiscal (Mr. NELSON) was added as a cosponsor for defense activities of the Depart- year, and for other purposes. of amendment No. 2122 intended to be ment of Energy, to prescribe military AMENDMENT NO. 2055 proposed to S. 1197, an original bill to personnel strengths for such fiscal At the request of Mr. COATS, the authorize appropriations for fiscal year year, and for other purposes. name of the Senator from North Da- 2014 for military activities of the De- AMENDMENT NO. 2185 kota (Mr. HOEVEN) was added as a co- partment of Defense, for military con- At the request of Mr. WICKER, the sponsor of amendment No. 2055 in- struction, and for defense activities of names of the Senator from Florida (Mr.

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.038 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8460 CONGRESSIONAL RECORD — SENATE November 21, 2013 RUBIO) and the Senator from Georgia AMENDMENT NO. 2249 military personnel strengths for such (Mr. CHAMBLISS) were added as cospon- At the request of Mr. TESTER, the fiscal year, and for other purposes. sors of amendment No. 2185 intended to name of the Senator from Ohio (Mr. AMENDMENT NO. 2331 be proposed to S. 1197, an original bill BROWN) was added as a cosponsor of At the request of Mr. MENENDEZ, the to authorize appropriations for fiscal amendment No. 2249 intended to be pro- name of the Senator from Pennsyl- year 2014 for military activities of the posed to S. 1197, an original bill to au- vania (Mr. CASEY) was added as a co- Department of Defense, for military thorize appropriations for fiscal year sponsor of amendment No. 2331 in- construction, and for defense activities 2014 for military activities of the De- tended to be proposed to S. 1197, an of the Department of Energy, to pre- partment of Defense, for military con- original bill to authorize appropria- scribe military personnel strengths for struction, and for defense activities of tions for fiscal year 2014 for military such fiscal year, and for other pur- the Department of Energy, to prescribe activities of the Department of De- poses. military personnel strengths for such fense, for military construction, and AMENDMENT NO. 2209 fiscal year, and for other purposes. for defense activities of the Depart- At the request of Ms. KLOBUCHAR, the AMENDMENT NO. 2251 ment of Energy, to prescribe military name of the Senator from Nevada (Mr. At the request of Mr. MANCHIN, the personnel strengths for such fiscal HELLER) was added as a cosponsor of name of the Senator from Arkansas year, and for other purposes. amendment No. 2209 intended to be pro- (Mr. PRYOR) was added as a cosponsor AMENDMENT NO. 2336 posed to S. 1197, an original bill to au- of amendment No. 2251 intended to be At the request of Mr. BEGICH, the thorize appropriations for fiscal year proposed to S. 1197, an original bill to name of the Senator from Hawaii (Mr. 2014 for military activities of the De- authorize appropriations for fiscal year SCHATZ) was added as a cosponsor of partment of Defense, for military con- 2014 for military activities of the De- amendment No. 2336 intended to be pro- struction, and for defense activities of partment of Defense, for military con- posed to S. 1197, an original bill to au- the Department of Energy, to prescribe struction, and for defense activities of thorize appropriations for fiscal year military personnel strengths for such the Department of Energy, to prescribe 2014 for military activities of the De- fiscal year, and for other purposes. military personnel strengths for such partment of Defense, for military con- AMENDMENT NO. 2210 fiscal year, and for other purposes. struction, and for defense activities of At the request of Ms. KLOBUCHAR, the AMENDMENT NO. 2252 the Department of Energy, to prescribe name of the Senator from Nevada (Mr. At the request of Mr. MANCHIN, the military personnel strengths for such HELLER) was added as a cosponsor of name of the Senator from Arkansas fiscal year, and for other purposes. amendment No. 2210 intended to be pro- (Mr. PRYOR) was added as a cosponsor AMENDMENT NO. 2338 posed to S. 1197, an original bill to au- of amendment No. 2252 intended to be At the request of Mr. HEINRICH, his thorize appropriations for fiscal year proposed to S. 1197, an original bill to name was added as a cosponsor of 2014 for military activities of the De- authorize appropriations for fiscal year amendment No. 2338 intended to be pro- partment of Defense, for military con- 2014 for military activities of the De- posed to S. 1197, an original bill to au- struction, and for defense activities of partment of Defense, for military con- thorize appropriations for fiscal year the Department of Energy, to prescribe struction, and for defense activities of 2014 for military activities of the De- military personnel strengths for such the Department of Energy, to prescribe partment of Defense, for military con- fiscal year, and for other purposes. military personnel strengths for such struction, and for defense activities of AMENDMENT NO. 2215 fiscal year, and for other purposes. the Department of Energy, to prescribe At the request of Mr. REID, the name AMENDMENT NO. 2263 military personnel strengths for such of the Senator from Nevada (Mr. HELL- At the request of Mr. FLAKE, the fiscal year, and for other purposes. ER) was added as a cosponsor of amend- ment No. 2215 intended to be proposed name of the Senator from Arkansas AMENDMENT NO. 2339 to S. 1197, an original bill to authorize (Mr. PRYOR) was added as a cosponsor At the request of Mr. HEINRICH, his appropriations for fiscal year 2014 for of amendment No. 2263 intended to be name was added as a cosponsor of military activities of the Department proposed to S. 1197, an original bill to amendment No. 2339 intended to be pro- of Defense, for military construction, authorize appropriations for fiscal year posed to S. 1197, an original bill to au- and for defense activities of the De- 2014 for military activities of the De- thorize appropriations for fiscal year partment of Energy, to prescribe mili- partment of Defense, for military con- 2014 for military activities of the De- tary personnel strengths for such fiscal struction, and for defense activities of partment of Defense, for military con- year, and for other purposes. the Department of Energy, to prescribe struction, and for defense activities of military personnel strengths for such AMENDMENT NO. 2219 the Department of Energy, to prescribe fiscal year, and for other purposes. At the request of Mr. MENENDEZ, the military personnel strengths for such name of the Senator from Minnesota AMENDMENT NO. 2265 fiscal year, and for other purposes. (Ms. KLOBUCHAR) was added as a co- At the request of Mrs. MURRAY, the AMENDMENT NO. 2340 sponsor of amendment No. 2219 in- names of the Senator from Missouri At the request of Mr. SESSIONS, the tended to be proposed to S. 1197, an (Mr. BLUNT) and the Senator from names of the Senator from Wisconsin original bill to authorize appropria- Pennsylvania (Mr. CASEY) were added (Ms. BALDWIN) and the Senator from tions for fiscal year 2014 for military as cosponsors of amendment No. 2265 Wisconsin (Mr. JOHNSON) were added as activities of the Department of De- intended to be proposed to S. 1197, an cosponsors of amendment No. 2340 in- fense, for military construction, and original bill to authorize appropria- tended to be proposed to S. 1197, an for defense activities of the Depart- tions for fiscal year 2014 for military original bill to authorize appropria- ment of Energy, to prescribe military activities of the Department of De- tions for fiscal year 2014 for military personnel strengths for such fiscal fense, for military construction, and activities of the Department of De- year, and for other purposes. for defense activities of the Depart- fense, for military construction, and AMENDMENT NO. 2223 ment of Energy, to prescribe military for defense activities of the Depart- At the request of Mr. PAUL, the name personnel strengths for such fiscal ment of Energy, to prescribe military of the Senator from Wyoming (Mr. year, and for other purposes. personnel strengths for such fiscal ENZI) was added as a cosponsor of AMENDMENT NO. 2269 year, and for other purposes. amendment No. 2223 intended to be pro- At the request of Mr. HEINRICH, his AMENDMENT NO. 2343 posed to S. 1197, an original bill to au- name was added as a cosponsor of At the request of Mr. MERKLEY, the thorize appropriations for fiscal year amendment No. 2269 intended to be pro- names of the Senator from Iowa (Mr. 2014 for military activities of the De- posed to S. 1197, an original bill to au- HARKIN), the Senator from Montana partment of Defense, for military con- thorize appropriations for fiscal year (Mr. TESTER), the Senator from Alaska struction, and for defense activities of 2014 for military activities of the De- (Mr. BEGICH) and the Senator from the Department of Energy, to prescribe partment of Defense, for military con- Connecticut (Mr. MURPHY) were added military personnel strengths for such struction, and for defense activities of as cosponsors of amendment No. 2343 fiscal year, and for other purposes. the Department of Energy, to prescribe intended to be proposed to S. 1197, an

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.039 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8461 original bill to authorize appropria- activities of the Department of De- activities of the Department of De- tions for fiscal year 2014 for military fense, for military construction, and fense, for military construction, and activities of the Department of De- for defense activities of the Depart- for defense activities of the Depart- fense, for military construction, and ment of Energy, to prescribe military ment of Energy, to prescribe military for defense activities of the Depart- personnel strengths for such fiscal personnel strengths for such fiscal ment of Energy, to prescribe military year, and for other purposes. year, and for other purposes. personnel strengths for such fiscal AMENDMENT NO. 2388 AMENDMENT NO. 2424 year, and for other purposes. At the request of Mr. WYDEN, the At the request of Mr. KAINE, the AMENDMENT NO. 2349 name of the Senator from Illinois (Mr. names of the Senator from West Vir- At the request of Mr. PRYOR, the KIRK) was added as a cosponsor of ginia (Mr. MANCHIN) and the Senator name of the Senator from Kansas (Mr. amendment No. 2388 intended to be pro- from Minnesota (Ms. KLOBUCHAR) were MORAN) was added as a cosponsor of posed to S. 1197, an original bill to au- added as cosponsors of amendment No. amendment No. 2349 intended to be pro- thorize appropriations for fiscal year 2424 intended to be proposed to S. 1197, posed to S. 1197, an original bill to au- 2014 for military activities of the De- an original bill to authorize appropria- thorize appropriations for fiscal year partment of Defense, for military con- tions for fiscal year 2014 for military 2014 for military activities of the De- struction, and for defense activities of activities of the Department of De- partment of Defense, for military con- the Department of Energy, to prescribe fense, for military construction, and struction, and for defense activities of military personnel strengths for such for defense activities of the Depart- the Department of Energy, to prescribe fiscal year, and for other purposes. ment of Energy, to prescribe military military personnel strengths for such AMENDMENT NO. 2392 personnel strengths for such fiscal year, and for other purposes. fiscal year, and for other purposes. At the request of Mr. CORNYN, the AMENDMENT NO. 2352 name of the Senator from Ohio (Mr. AMENDMENT NO. 2429 At the request of Mr. VITTER, his PORTMAN) was added as a cosponsor of At the request of Mr. WARNER, the name was added as a cosponsor of amendment No. 2392 intended to be pro- name of the Senator from Virginia (Mr. amendment No. 2352 intended to be pro- posed to S. 1197, an original bill to au- KAINE) was added as a cosponsor of posed to S. 1197, an original bill to au- thorize appropriations for fiscal year amendment No. 2429 intended to be pro- thorize appropriations for fiscal year 2014 for military activities of the De- posed to S. 1197, an original bill to au- 2014 for military activities of the De- partment of Defense, for military con- thorize appropriations for fiscal year partment of Defense, for military con- struction, and for defense activities of 2014 for military activities of the De- struction, and for defense activities of the Department of Energy, to prescribe partment of Defense, for military con- the Department of Energy, to prescribe military personnel strengths for such struction, and for defense activities of military personnel strengths for such fiscal year, and for other purposes. the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. AMENDMENT NO. 2400 fiscal year, and for other purposes. AMENDMENT NO. 2353 At the request of Mrs. FEINSTEIN, the AMENDMENT NO. 2432 At the request of Mr. VITTER, his names of the Senator from Maine (Ms. At the request of Mr. BLUNT, the name was added as a cosponsor of COLLINS), the Senator from West Vir- names of the Senator from Virginia amendment No. 2353 intended to be pro- ginia (Mr. ROCKEFELLER), the Senator (Mr. KAINE), the Senator from Michi- posed to S. 1197, an original bill to au- from New Mexico (Mr. UDALL), the Sen- gan (Ms. STABENOW) and the Senator thorize appropriations for fiscal year ator from Wyoming (Mr. ENZI), the from Kansas (Mr. MORAN) were added 2014 for military activities of the De- Senator from Illinois (Mr. KIRK), the as cosponsors of amendment No. 2432 partment of Defense, for military con- Senator from Minnesota (Mr. intended to be proposed to S. 1197, an struction, and for defense activities of FRANKEN), the Senator from Rhode Is- original bill to authorize appropria- the Department of Energy, to prescribe land (Mr. WHITEHOUSE), the Senator tions for fiscal year 2014 for military military personnel strengths for such from Minnesota (Ms. KLOBUCHAR) and activities of the Department of De- fiscal year, and for other purposes. the Senator from New Mexico (Mr. fense, for military construction, and AMENDMENT NO. 2354 HEINRICH) were added as cosponsors of for defense activities of the Depart- At the request of Mr. VITTER, his amendment No. 2400 intended to be pro- ment of Energy, to prescribe military name was added as a cosponsor of posed to S. 1197, an original bill to au- personnel strengths for such fiscal amendment No. 2354 intended to be pro- thorize appropriations for fiscal year year, and for other purposes. posed to S. 1197, an original bill to au- 2014 for military activities of the De- AMENDMENT NO. 2434 thorize appropriations for fiscal year partment of Defense, for military con- At the request of Mr. JOHANNS, his 2014 for military activities of the De- struction, and for defense activities of name was added as a cosponsor of partment of Defense, for military con- the Department of Energy, to prescribe amendment No. 2434 intended to be pro- struction, and for defense activities of military personnel strengths for such posed to S. 1197, an original bill to au- the Department of Energy, to prescribe fiscal year, and for other purposes. thorize appropriations for fiscal year military personnel strengths for such AMENDMENT NO. 2414 2014 for military activities of the De- fiscal year, and for other purposes. At the request of Mr. WARNER, the partment of Defense, for military con- AMENDMENT NO. 2355 name of the Senator from Wisconsin struction, and for defense activities of At the request of Mr. VITTER, his (Ms. BALDWIN) was added as a cospon- the Department of Energy, to prescribe name was added as a cosponsor of sor of amendment No. 2414 intended to military personnel strengths for such amendment No. 2355 intended to be pro- be proposed to S. 1197, an original bill fiscal year, and for other purposes. posed to S. 1197, an original bill to au- to authorize appropriations for fiscal AMENDMENT NO. 2436 thorize appropriations for fiscal year year 2014 for military activities of the At the request of Mr. BLUNT, the 2014 for military activities of the De- Department of Defense, for military name of the Senator from Kansas (Mr. partment of Defense, for military con- construction, and for defense activities MORAN) was added as a cosponsor of struction, and for defense activities of of the Department of Energy, to pre- amendment No. 2436 intended to be pro- the Department of Energy, to prescribe scribe military personnel strengths for posed to S. 1197, an original bill to au- military personnel strengths for such such fiscal year, and for other pur- thorize appropriations for fiscal year fiscal year, and for other purposes. poses. 2014 for military activities of the De- AMENDMENT NO. 2365 AMENDMENT NO. 2419 partment of Defense, for military con- At the request of Mr. MORAN, the At the request of Mr. UDALL of New struction, and for defense activities of name of the Senator from North Da- Mexico, the name of the Senator from the Department of Energy, to prescribe kota (Mr. HOEVEN) was added as a co- Virginia (Mr. KAINE) was added as a co- military personnel strengths for such sponsor of amendment No. 2365 in- sponsor of amendment No. 2419 in- fiscal year, and for other purposes. tended to be proposed to S. 1197, an tended to be proposed to S. 1197, an AMENDMENT NO. 2440 original bill to authorize appropria- original bill to authorize appropria- At the request of Mr. DONNELLY, the tions for fiscal year 2014 for military tions for fiscal year 2014 for military names of the Senator from Wisconsin

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.040 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8462 CONGRESSIONAL RECORD — SENATE November 21, 2013 (Ms. BALDWIN) and the Senator from This legislation would also perma- gion for 40 years and it has the support Pennsylvania (Mr. CASEY) were added nently restore full funding for child of numerous groups in the Central Or- as cosponsors of amendment No. 2440 support enforcement by reinstating the egon region. The time is now for the intended to be proposed to S. 1197, an Federal match for incentive payments Senate to quickly move on this bill and original bill to authorize appropria- that States reinvest in their child sup- help the Central Oregon economy move tions for fiscal year 2014 for military port enforcement programs. By pro- forward. activities of the Department of De- viding the resources for States to have Mr. President, I ask unanimous con- fense, for military construction, and robust child support enforcement pro- sent that the text of the bill be printed for defense activities of the Depart- grams, we can profoundly improve the in the RECORD. ment of Energy, to prescribe military lives of so many children across our There being no objection, the text of personnel strengths for such fiscal Nation. the bill was ordered to be printed in year, and for other purposes. the RECORD, as follows: f By Mr. MERKLEY (for himself and Mr. WYDEN): S. 1771 STATEMENTS ON INTRODUCED S. 1771. A bill to amend the Wild and Be it enacted by the Senate and House of Rep- BILLS AND JOINT RESOLUTIONS Scenic Rivers Act to adjust the Crook- resentatives of the United States of America in By Mr. ROCKEFELLER: ed River boundary, to provide water Congress assembled, S. 1763. A bill to increase the effec- certainty for the City of Prineville, Or- SECTION 1. SHORT TITLE. tiveness of child support enforcement egon, and for other purposes; to the This Act may be cited as the ‘‘Crooked and for other purposes; to the Com- Committee on Energy and Natural Re- River Collaborative Water Security Act of mittee on Health, Education, Labor, sources. 2013’’. and Pensions. Mr. MERKLEY. Mr. President, I rise SEC. 2. WILD AND SCENIC RIVER; CROOKED, OR- Mr. ROCKEFELLER. Mr. President, I today to talk about an issue that is ex- EGON. am proud today to introduce the Child tremely important to the Central Or- Section 3(a) of the Wild and Scenic Rivers egon economy. For over 40 years, an Act (16 U.S.C. 1274(a)) is amended by striking Support Enforcement Effectiveness Act paragraph (72) and inserting the following: of 2013. This legislation will set the agreement has been out of reach in the ‘‘(72) CROOKED, OREGON.— stage for improving child support en- Crooked River Basin in central Oregon ‘‘(A) IN GENERAL.—The 14.75-mile segment forcement across our country, and will on how to allocate water from the from the National Grassland boundary to provide states with more funds to allow Prineville Reservoir to meet the diver- Dry Creek, to be administered by the Sec- them to do so. Through these crucial sity of needs. Over the last few years, retary of the Interior in the following class- investments in this important child Senator WYDEN and I have worked with es: welfare program, we can improve the a broad group of water users in the ‘‘(i) The 7-mile segment from the National lives of thousands of children across Basin and have come to a solution. Grassland boundary to River Mile 8 south of Opal Spring, as a recreational river. our country. Today, Senator WYDEN and I are in- ‘‘(ii) The 7.75-mile segment from a point 1⁄4- Child support enforcement is a State- troducing the Crooked River Collabo- mile downstream from the center crest of Federal partnership that works. For rative Water Security Act of 2013 that Bowman Dam, as a recreational river. every dollar agencies and departments will provide a comprehensive frame- ‘‘(B) HYDROPOWER.—In any license applica- spend on child support enforcement, work for improving the management of tion relating to hydropower development (in- states collect an average of $5.19 in water in the Crooked River, while cre- cluding turbines and appurtenant facilities) child support due. For that reason ating opportunities for economic at Bowman Dam, the applicant, in consulta- alone, this is an extraordinary use of growth and new jobs in central Oregon. tion with the Director of the Bureau of Land taxpayer dollars. In 2010, the child sup- This is especially good news in central Management, shall— port enforcement program a11owed Oregon, a region that has been plagued ‘‘(i) analyze any impacts to the scenic, rec- reational, and fishery resource values of the States to collect more than $26 billion with unemployment since the begin- Crooked River from the center crest of Bow- ning of the Great Recession and is in on behalf of the children and families man Dam to a point 1⁄4-mile downstream that to whom that money is owed. There is need of new jobs. may be caused by the proposed hydropower no question that these children benefit This legislation is built on a broad development, including the future need to because they receive support from both coalition of stakeholder support. I undertake routine and emergency repairs; their parents. want to thank those stakeholders who ‘‘(ii) propose measures to minimize and In addition to being an effective use put aside preconceived notions, came mitigate any impacts analyzed under clause of taxpayer dollars, child support en- to the negotiating table, and worked (i); and forcement is one of our most important out a solution that could achieve such ‘‘(iii) propose designs and measures to en- investments in child welfare. Experts a broad range of support. sure that any access facilities associated The key elements of the legislation with hydropower development at Bowman have repeatedly found that it is one of Dam shall not impede the free-flowing na- the most effective programs in reduc- include meeting the municipal water ture of the Crooked River below Bowman ing poverty rates among working fami- needs for the city of Prineville long Dam.’’. lies. For single parents below the pov- into the future, so the city can con- SEC. 3. CITY OF PRINEVILLE WATER SUPPLY. erty line, child support often rep- tinue to attract new businesses like Section 4 of the Act of August 6, 1956 (70 resents as much as half of their fam- the data centers of Facebook and Apple Stat. 1058; 73 Stat. 554; 78 Stat. 954) is amend- ily’s income, and makes the difference that have recently moved to the re- ed— between whether children’s basic needs gion; providing greater certainty for (1) by striking ‘‘during those months’’ and are met or not. the agricultural community that de- all that follows through ‘‘purpose of the Because of the tremendous success of pends on the Crooked River for irriga- project’’; and the child support enforcement pro- tion and is the heart and soul of the (2) by adding at the end the following: gram, we should work to improve it Central Oregon economy; allowing ‘‘Without further action by the Secretary of even further. One way we can improve water to be released from Bowman the Interior, beginning on the date of enact- ment of the Crooked River Collaborative it is by identifying best practices at Dam to help maintain healthy Water Security Act of 2013, 5,100 acre-feet of the state level, so every state can steelhead, salmon and trout fisheries, water shall be annually released from the maximize their return. West Virginia which are cherished by local fisherman; project to serve as mitigation for City of recovers about $4.99 for each dollar it allowing the Bowman Dam to be retro- Prineville groundwater pumping, pursuant spends on child support enforcement. fitted to install a hydroelectric turbine to and in a manner consistent with Oregon Some states recover substantially and generate low-cost, clean power and State law, including any shaping of the re- more for each dollar they spend. By create construction jobs; and creating lease of the water. The City of Prineville arming every State with information a process to help better plan for dry shall make payments to the Secretary for the water, in accordance with applicable Bu- about what works and what doesn’t, we years, including the impact on fish reau of Reclamation policies, directives, and can help States maximize the return on habitat and fishing, as well as boating standards. Consistent with the National En- their investment and recover the larg- and other recreational activities. vironmental Policy Act of 1969 (42 U.S.C. 4321 est possible amount on behalf of chil- This bill is a comprehensive solution et seq.), the Endangered Species Act of 1973 dren. to a problem that has plagued the re- (16 U.S.C. 1531 et seq.), and other applicable

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.040 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8463 Federal laws, the Secretary may contract ex- U.S.C. 1531 et seq.) or an order of a court in ‘‘(3) modifies any rights, obligations, or re- clusively with the City of Prineville for addi- a proceeding under that Act requires releases quirements that may be provided or gov- tional quantities of water, at the request of of stored water from Prineville Reservoir for erned by Federal or Oregon State law.’’. the City of Prineville.’’. fish and wildlife downstream of Bowman SEC. 5. OCHOCO IRRIGATION DISTRICT. SEC. 4. ADDITIONAL PROVISIONS. Dam, the Secretary shall use uncontracted (a) EARLY REPAYMENT.— The Act entitled ‘‘An Act to authorize con- stored water. (1) IN GENERAL.—Notwithstanding section struction by the Secretary of the Interior of ‘‘(c) ANNUAL RELEASE SCHEDULE.— 213 of the Reclamation Reform Act of 1982 (43 the Crooked River Federal reclamation ‘‘(1) IN GENERAL.—The Commissioner of U.S.C. 390mm), any landowner within Ochoco project, Oregon’’, approved August 6, 1956 (70 Reclamation shall develop annual release Irrigation District, Oregon (referred to in Stat. 1058; chapter 980; 73 Stat. 554; 78 Stat. schedules for the remaining stored water this section as the ‘‘district’’), may repay, at 954), is amended by adding at the end the fol- quantities in subsection (a) and the water any time, the construction costs of the lowing: serving as mitigation for City of Prineville project facilities allocated to the land of the ‘‘SEC. 6. FIRST FILL STORAGE AND RELEASE. groundwater pumping pursuant to section 4. landowner within the district. ‘‘(a) IN GENERAL.—Other than the 10 cubic ‘‘(2) GUIDANCE.—To the maximum extent (2) EXEMPTION FROM LIMITATIONS.—Upon feet per second release provided for in sec- practicable and unless otherwise prohibited discharge, in full, of the obligation for repay- tion 4, and subject to compliance with the by law, the Commissioner of Reclamation ment of the construction costs allocated to flood curve requirements of the Corps of En- shall develop and implement the annual re- all land of the landowner in the district, the gineers, the Secretary shall, on a ‘first fill’ lease schedules consistent with the guidance land shall not be subject to the ownership priority basis, store in and when called for in provided by the Confederated Tribes of the and full-cost pricing limitations of Federal any year release from Prineville Reservoir, Warm Springs Reservation of Oregon and the reclamation law (the Act of June 17, 1902 (32 whether from carryover, infill, or a combina- State of Oregon to maximize biological ben- Stat. 388, chapter 1093), and Acts supple- tion of both, the following: efit for downstream fish and wildlife, after mental to and amendatory of that Act (43 ‘‘(1) 68,273 acre-feet of water annually to taking into consideration multiyear water U.S.C. 371 et seq.)). fulfill all 16 Bureau of Reclamation con- needs of downstream fish and wildlife. (b) CERTIFICATION.—Upon the request of a tracts existing as of January 1, 2011. ‘‘(3) COMMENTS FROM FEDERAL FISH MAN- landowner who has repaid, in full, the con- ‘‘(2) Not more than 2,740 acre-feet of water AGEMENT AGENCIES.—The National Marine struction costs of the project facilities allo- annually to supply the McKay Creek land, in Fisheries Service and the United States Fish cated to the land of the landowner within accordance with section 5 of the Crooked and Wildlife Service shall have the oppor- the district, the Secretary of the Interior River Collaborative Water Security Act of tunity to provide advice with respect to, and shall provide the certification described in 2013. comment on, the annual release schedule de- section 213(b)(1) of the Reclamation Reform ‘‘(3) 10,000 acre-feet of water annually, to veloped by the Commissioner of Reclamation Act of 1982 (43 U.S.C. 390mm(b)(1)). be made available first to the North Unit Ir- under this subsection. (c) CONTRACT AMENDMENT.—On approval of rigation District, and subsequently to any ‘‘(d) REQUIRED COORDINATION.—The Com- the district directors and notwithstanding other holders of Reclamation contracts ex- missioner of Reclamation shall perform tra- project authorizing authority to the con- isting as of January 1, 2011 (in that order) ditional and routine activities in a manner trary, the Reclamation contracts of the dis- pursuant to Temporary Water Service Con- that coordinates with the efforts of the Con- trict are modified, without further action by tracts, on the request of the North Unit Irri- federated Tribes of the Warm Springs Res- the Secretary of the Interior— gation District or the contract holders, con- ervation of Oregon and the State of Oregon (1) to authorize the use of water for sistent with the same terms and conditions to monitor and request adjustments to re- instream purposes, including fish or wildlife as prior such contracts between the Bureau leases for downstream fish and wildlife on an purposes, in order for the district to engage of Reclamation and District or contract in-season basis as the Confederated Tribes of in, or take advantage of, conserved water holders, as applicable. the Warm Springs Reservation of Oregon and projects and temporary instream leasing as ‘‘(4) 5,100 acre-feet of water annually to the State of Oregon determine downstream authorized by Oregon State law; mitigate the City of Prineville groundwater fish and wildlife needs require. (2) to include within the district boundary pumping under section 4, with the release of ‘‘(e) CARRYOVER.— approximately 2,742 acres in the vicinity of this water to occur not based on an annual ‘‘(1) IN GENERAL.—Any water stored under McKay Creek, resulting in a total of approxi- call, but instead pursuant to section 4 and subsection (a) in 1 water year that is not re- mately 44,937 acres within the district the release schedule developed pursuant to leased during the water year— boundary; section 7(c). (3) to classify as irrigable approximately ‘‘(b) CARRYOVER.—Except for water that ‘‘(A) shall be carried over to the subse- 685 acres within the approximately 2,742 may be called for and released after the end quent water year; and of the irrigation season (either as City of ‘‘(B)(i) may be released for downstream acres of included land in the vicinity of Prineville groundwater pumping mitigation fish and wildlife resources, consistent with McKay Creek, with those approximately 685 or as a voluntary release, in accordance with subsections (c) and (d), until the reservoir acres authorized to receive irrigation water section 4 of this Act and section 6(c) of the reaches maximum capacity in the subse- pursuant to water rights issued by the State Crooked River Collaborative Water Security quent water year; and of Oregon if the acres have in the past re- Act of 2013, respectively), any water stored ‘‘(ii) once the reservoir reaches maximum ceived water pursuant to State water rights; under this section that is not called for and capacity under clause (i), shall be credited to and released by the end of the irrigation season the ‘first fill’ storage quantities, but not to (4) to provide the district with stored in a given year shall be— exceed the maximum ‘first fill’ storage quan- water from Prineville Reservoir for purposes ‘‘(1) carried over to the subsequent water tities described in section 6(a). of supplying up to the approximately 685 year, which, for accounting purposes, shall ‘‘(f) EFFECT.—Nothing in this section af- acres of land added within the district be considered to be the 1-year period begin- fects the authority of the Commissioner of boundary and classified as irrigable under ning October 1 and ending September 30, con- Reclamation to perform all other traditional paragraphs (2) and (3), with the stored water sistent with Oregon State law; and and routine activities of the Commissioner to be supplied on an acre-per-acre basis con- ‘‘(2) accounted for as part of the ‘first fill’ of Reclamation. tingent on the transfer of existing appur- tenant McKay Creek water rights to storage quantities of the subsequent water ‘‘SEC. 8. RESERVOIR LEVELS. instream use and the issuance of water year, but not to exceed the maximum ‘first ‘‘The Commissioner of Reclamation shall— fill’ storage quantities described in sub- rights by the State of Oregon for the use of ‘‘(1) project reservoir water levels over the stored water. section (a). course of the year; and ‘‘SEC. 7. STORAGE AND RELEASE OF REMAINING (d) LIMITATION.—Except as otherwise pro- ‘‘(2) make the projections under paragraph vided in subsections (a) and (c), nothing in STORED WATER QUANTITIES. (1) available to— ‘‘(a) AUTHORIZATION.— this section— ‘‘(A) the public (including fisheries groups, ‘‘(1) IN GENERAL.—Other than the quan- (1) modifies contractual rights that may recreation interests, and municipal and irri- tities provided for in section 4 and the ‘first exist between the district and the United gation stakeholders); fill’ quantities provided for in section 6, and States under the Reclamation contracts of ‘‘(B) the Director of the National Marine subject to compliance with the flood curve the district; Fisheries Service; and requirements of the Corps of Engineers, the (2) amends or reopens the contracts re- ‘‘(C) the Director of the United States Fish Secretary shall store in and release from ferred to in paragraph (1); or and Wildlife Service. Prineville Reservoir all remaining stored (3) modifies any rights, obligations, or re- water quantities for the benefit of down- ‘‘SEC. 9. EFFECT. lationships that may exist between the dis- stream fish and wildlife. ‘‘Except as otherwise provided in this Act, trict and any owner of land within the dis- ‘‘(2) REQUIREMENT.—The Secretary shall re- nothing in this Act— trict, as may be provided or governed by lease the remaining stored water quantities ‘‘(1) modifies contractual rights that may Federal or Oregon State law. under paragraph (1) consistent with sub- exist between contractors and the United SEC. 6. DRY-YEAR MANAGEMENT PLANNING AND section (c). States under Reclamation contracts; VOLUNTARY RELEASES. ‘‘(b) APPLICABLE LAW.—If a consultation ‘‘(2) amends or reopens contracts referred (a) PARTICIPATION IN DRY-YEAR MANAGE- under the Endangered Species Act of 1973 (16 to in paragraph (1); or MENT PLANNING MEETINGS.—The Bureau of

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.022 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8464 CONGRESSIONAL RECORD — SENATE November 21, 2013 Reclamation shall participate in dry-year Oregon works best when Oregonians essary to sustain the recycling economy and management planning meetings with the work together and this is an example protect national security interests in the State of Oregon, the Confederated Tribes of of what can be done when faced with a United States; the Warm Springs Reservation of Oregon, very challenging set of issues. The City Whereas recycling plays an integral role in municipal, agricultural, conservation, recre- the sustainable management of materials ation, and other interested stakeholders to of Prineville needs water to grow eco- throughout the life-cycle of a product; plan for dry-year conditions. nomically. Irrigators along the Crook- Whereas 46 States have laws promoting the (b) DRY-YEAR MANAGEMENT PLAN.— ed River want certainty for future recycling of materials that would otherwise (1) IN GENERAL.—Not later than 3 years water supply. The local utility Port- be incinerated or sent to a landfill; after the date of enactment of this Act, the land General Electric would like to Whereas more than 10,000 communities in Bureau of Reclamation shall develop a dry- build a small hydroelectric plant on the United States have residential recycling year management plan in coordination with and drop-off programs that collect a wide va- the participants referred to in subsection (a). the Bureau of Reclamation’s Bowman Dam. And the Warm Springs Tribes riety of recyclable materials, including (2) REQUIREMENTS.—The plan developed paper, steel, aluminum, plastic, glass, and under paragraph (1) shall only recommend and conservation groups seek to ensure electronics; strategies, measures, and actions that the ir- more water is available for in-stream Whereas in addition to residential recy- rigation districts and other Bureau of Rec- flows to protect reintroduced salmon cling, the scrap recycling industry in the lamation contract holders voluntarily agree runs in the Crooked River. United States manufactures recyclable ma- to implement. Water in the West is often the heart terials collected from businesses and individ- (3) LIMITATIONS.—Nothing in the plan de- of many contentious battles, but these uals into commodity-grade materials; veloped under paragraph (1) shall be manda- Whereas those commodity-grade materials tory or self-implementing. parties and more worked tirelessly and in good faith to build a consensus to are used as feedstock to produce new basic (c) VOLUNTARY RELEASE.—In any year, if materials and finished products in the North Unit Irrigation District or other eligi- meet those many important needs. The United States and throughout the world; ble Bureau of Reclamation contract holders bill allocates uncontracted water in Whereas recycling stimulates the economy have not initiated contracting with the Bu- Bowman Dam to give water to the City and plays an integral role in sustaining man- reau of Reclamation for any quantity of the and for fish populations, while attain- ufacturing in the United States; 10,000 acre feet of water described in sub- Whereas in 2010, the United States recy- section (a)(3) of section 6 of the Act of Au- ing certainty for the contracted water cling industry collected, processed, and con- gust 6, 1956 (70 Stat. 1058) (as added by sec- for irrigation. It also moves the Wild sumed over 130,000,000 metric tons of recycla- tion 4), by June 1 of any calendar year, with and Scenic River Act boundary to a the voluntary agreement of North Unit Irri- place that makes sense and would en- ble material, valued at $77,000,000,000; gation District and other Bureau of Rec- Whereas many manufacturers use recycled able hydroelectric generation. The bill commodities to make products, saving en- lamation contract holders referred to in that more explicitly looks after the recre- paragraph, the Secretary may release that ergy and reducing the need for raw mate- quantity of water for the benefit of down- ation interests enjoyed by flatwater rials, which are generally higher-priced; stream fish and wildlife as described in sec- users above the dam. Whereas the recycling industry in the tion 7 of that Act. I express my gratitude for the many United States helps balance the trade deficit SEC. 7. RELATION TO EXISTING LAWS AND STAT- groups and individuals who have and provides emerging economies with the UTORY OBLIGATIONS. worked diligently to strike the balance raw materials needed to build countries and Nothing in this Act (or an amendment on the Crooked River. I look forward to participate in the global economy; Whereas in 2010, the scrap recycling indus- made by this Act)— working with those groups, the Bureau (1) provides to the Secretary the authority try in the United States sold more than to store and release the ‘‘first fill’’ quan- of Reclamation, Congressman GREG 44,000,000 metric tons of commodity-grade tities provided for in section 6 of the Act of WALDEN, and especially Senator materials, valued at almost $30,000,000,000, to August 6, 1956 (70 Stat. 1058) (as added by sec- MERKLEY, who has shown determined more than 154 countries; tion 4) for any purposes other than the pur- leadership in marshaling this bill, to Whereas recycling saves energy by decreas- poses provided for in that section, except move this bill through Congress and to ing the amount of energy needed to manufac- for— the President’s desk this Congress. ture the products that people build, buy, and (A) the potential instream use resulting use; from conserved water projects and tem- f Whereas using recycled materials in place porary instream leasing as provided for in SUBMITTED RESOLUTIONS of raw materials can result in energy savings section 5(c)(1); of 92 percent for aluminum cans, 87 percent (B) the potential release of additional for mixed plastics, 63 percent for steel cans, amounts that may result from voluntary ac- 45 percent for recycled newspaper, and 34 per- tions agreed to through the dry-year man- SENATE RESOLUTION 309—EX- cent for recycled glass; and agement plan developed under section 6(b); PRESSING SUPPORT FOR IM- Whereas a bipartisan Senate Recycling and PROVEMENT IN THE COLLEC- Caucus and a bipartisan House Recycling (C) the potential release of the 10,000 acre TION, PROCESSING, AND CON- Caucus were established in 2006 to provide a feet for downstream fish and wildlife as pro- SUMPTION OF RECYCLABLE MA- permanent and long-term way for members vided for in section 6(c); TERIALS THROUGHOUT THE of Congress to obtain in-depth knowledge (2) alters any responsibilities under Oregon UNITED STATES about the recycling industry and to help pro- State law or Federal law, including section 7 mote the many benefits of recycling: Now, of the Endangered Species Act (16 U.S.C. Mr. CARPER (for himself, Mr. BOOZ- therefore, be it 1536); or MAN, Mr. GRASSLEY, Mrs. MURRAY, Mr. Resolved, That the Senate— (3) alters the authorized purposes of the BLUMENTHAL, Mr. CASEY, Mr. WHITE- (1) expresses support for improvement in Crooked River Project provided in the first HOUSE, Mr. COONS, and Mr. PRYOR) sub- the collection, processing, and consumption section of the Act of August 6, 1956 (70 Stat. mitted the following resolution; which of recyclable material throughout the United 1058; 73 Stat. 554; 78 Stat. 954). was referred to the Committee on Envi- States in order to create well-paying jobs, Mr. WYDEN. Mr. President, today I ronment and Public Works: foster innovation and investment in the rise to join Senator MERKLEY and co- United States recycling infrastructure, and S. RES. 309 sponsor a bill that strikes a balance be- stimulate the economy of the United States; tween the competing demands for a Whereas maximizing the recycling econ- (2) expresses support for strengthening the omy in the United States will create and sus- manufacturing base in the United States in scarce resource, Crooked River water. tain additional well-paying jobs in the order to rebuild the domestic economy, The Crooked River Collaborative Water United States, further stimulate the econ- which will increase the supply, demand, and Security Act of 2013 is the product of omy of the United States, save energy, and consumption of recyclable and recycled ma- long and determined negotiations to conserve valuable natural resources; terials in the United States; find solutions that will benefit many Whereas recycling is an important action (3) expresses support for a competitive interests in and around Prineville, Or- that people in the United States can take to marketplace for recyclable materials; egon. I was pleased to work to advance be environmental stewards; (4) expresses support for the trade of recy- this bill last Congress, and I look for- Whereas municipal recycling rates in the clable commodities, which is an integral United States steadily increased from 6.6 part of the domestic and global economy; ward to working with Senator percent in 1970 to 28.6 percent in 2000, but (5) expresses support for policies in the MERKLEY, other colleagues, and all the since 2000, the rate of increase has slowed United States that promote recycling of ma- supporters of the bill to achieve the considerably; terials, including paper, which is commonly many benefits of this bill for Central Whereas recycling allows the United recycled rather than thermally combusted or Oregon. States to recover the critical materials nec- sent to a landfill;

VerDate Mar 15 2010 04:34 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.022 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8465 (6) expresses support for policies in the take can prevent progressive, irreversible Whereas, in February 2014, the city of United States that recognize and promote re- brain damage; Sochi in the Krasnodar region of the Russian cyclable materials as essential economic Whereas maintaining a strict medical diet Federation will host the 22nd Winter Olym- commodities, rather than wastes; for phenylketonuria can be difficult to pic Games; (7) expresses support for policies in the achieve, and poor metabolic control can re- Whereas, on June 30, 2013, President Vladi- United States that promote using recyclable sult in a significant decline in mental and mir Putin of Russian signed into law a bill materials as feedstock to produce new basic behavioral performance; that allows the Government of the Russian materials and finished products throughout Whereas access to health insurance cov- Federation to arrest gay or ‘‘pro-gay’’ for- the world; erage for medical food varies across the eigners prior to being deported from the (8) expresses support for research and de- United States; country; velopment of new technologies to more effi- Whereas the long-term costs associated Whereas the Krasnodar region of Russia, ciently and effectively recycle materials with caring for untreated children and adults where the city of Sochi is located, and 10 such as automobile shredder residue and exceed the cost of providing medical food other regions have adopted similar laws ban- cathode ray tubes; treatment; ning ‘‘homosexual propaganda’’; (9) expresses support for research and de- Whereas scientists and researchers are Whereas several media outlets recently re- velopment of new technologies to remove hopeful that breakthroughs in phenyl- ported of homophobic violence occurring in materials that are impediments to recycling, ketonuria research will be forthcoming; Russia resulting in the deaths of Russian such as radioactive material, poly- Whereas researchers across the United citizens; chlorinated biphenyls, mercury-containing States are conducting important research Whereas authorities in Russia have refused devices, and chlorofluorocarbons; projects involving phenylketonuria; and to register the nongovernmental organiza- (10) expresses support for Design for Recy- Whereas the Senate is an institution that tion that would set up a Pride House in cling, to improve the design and manufac- can raise awareness of phenylketonuria Sochi, which would work to combat ture of goods to ensure that, at the end of a among the general public and the medical homophobia in sport and promote lesbian, useful life, a good can, to the maximum ex- community: Now, therefore, be it gay, bisexual, and transgendered (LGBT) in- tent practicable, be recycled safely and eco- Resolved, That the Senate— dividuals’ rights during the Olympic Games nomically; (1) designates December 3, 2013, as ‘‘Na- in Russia, as the Pride House did during the (11) recognizes that the scrap recycling in- tional Phenylketonuria Awareness Day’’; 2010 Winter Olympics in Vancouver; dustry in the United States is a manufac- (2) encourages all people in the United Whereas the presence of a Pride House turing industry that is critical to the future States to become more informed about would be the expression of human rights and of the United States; phenylketonuria; and have the mission of celebrating diversity and (12) expresses support for policies in the (3) respectfully requests that the Secretary inclusiveness through sport and raising United States that establish the equitable of the Senate transmit a copy of this resolu- awareness of LGBT discrimination and crim- treatment of recycled materials; and tion to the National PKU Alliance, a non- inalization; (13) expresses support for the participation profit organization dedicated to improving Whereas the IOC has said that they have of households, businesses, and governmental the lives of individuals with phenyl- received assurances from the highest levels of the Government of the Russian Federation entities in the United States in recycling ketonuria. programs, where available. that Olympic athletes and visitors will not f be affected by Russia’s discriminatory law, f but the Minister of Sports in Russia has sug- SENATE RESOLUTION 311—CALL- SENATE RESOLUTION 310—DESIG- gested that athletes will not be exempt; ING ON THE INTERNATIONAL NATING DECEMBER 3, 2013, AS Whereas the Department of State has a OLYMPIC COMMITTEE (IOC) TO clear and consistent policy of championing ‘‘NATIONAL PHENYLKETONURIA STRONGLY OPPOSE RUSSIA’S the protection of human rights of LGBT in- AWARENESS DAY’’ DISCRIMINATORY LAW AGAINST dividuals worldwide, including by opposing Mr. ISAKSON (for himself and Ms. THE FREEDOM OF EXPRESSION any legislation that singles out people for BALDWIN) submitted the following reso- discriminatory treatment due to their sexual FOR LESBIAN, GAY, BISEXUAL, orientation and by encouraging countries to lution; which was referred to the Com- AND TRANSGENDER (LGBT) PER- mittee on the Judiciary: repeal or reform laws that punish or crim- SONS AND TO OBTAIN WRITTEN inalize LGBT status; S. RES. 310 ASSURANCE THAT HOST COUN- Whereas Russia has obligated itself to re- Whereas phenylketonuria is a rare, inher- TRIES OF THE OLYMPIC GAMES spect and enforce the right to be free from ited metabolic disorder that is characterized WILL UPHOLD ALL INTER- discrimination and the right to freedom of by the inability of the body to process the NATIONAL HUMAN RIGHTS AND assembly, association, and expression under essential amino acid phenylalanine and CIVIL RIGHTS OBLIGATIONS FOR the European Convention of Human Rights, causes mental retardation and other neuro- the United Nations International Covenant logical problems, such as memory loss and ALL PERSONS OBSERVING OR on Civil and Political Rights, and the human mood disorders, when treatment is not start- PARTICIPATING IN THE GAMES dimension commitments of the Organization ed within the first few weeks of life; REGARDLESS OF RACE, SEX, for Security and Cooperation in Europe; and Whereas newborn screening for phenyl- SEXUAL ORIENTATION, OR GEN- Whereas the IOC recently stated, ‘‘The ketonuria was initiated in the United States DER IDENTITY, AND FOR OTHER International Olympic Committee is clear in 1963 and recommended for inclusion in PURPOSES that sport is a human right and should be State newborn screening programs under the available to all regardless of race, sex or sex- Newborn Screening Saves Lives Act of 2007 Mr. MERKLEY (for himself, Mrs. ual orientation. The Games themselves (Public Law 110–204; 122 Stat. 705); BOXER, Mrs. FEINSTEIN, and Mr. MUR- should be open to all, free of discrimination, Whereas approximately 1 out of every PHY) submitted the following resolu- and that applies to spectators, officials, 15,000 infants in the United States is born tion; which was referred to the Com- media and of course athletes. We oppose in with phenylketonuria; mittee on Commerce, Science, and the strongest terms any move that would Whereas the Phenylketonuria Scientific Transportation: jeopardize this principle.’’: Now, therefore, Review Conference in 2012 affirmed the rec- be it ommendation of lifelong dietary treatment S. RES. 311 Resolved, That the Senate— for phenylketonuria made by the National Whereas the goal of the Olympic move- (1) calls on the International Olympic Institutes of Health Consensus Development ment is to contribute to building a peaceful Committee (IOC) to strongly oppose Russia’s Conference Statement 2000; and better world by educating youth through discriminatory law as inconsistent with Rus- Whereas women with phenylketonuria sport practiced in accordance with sia’s international obligations and with the must maintain strict metabolic control be- Olympism and its values; value of the Olympic movement; fore and during pregnancy to prevent fetal Whereas the role of the International (2) calls on the IOC to insist, as a condition damage; Olympic Committee (IOC), according to the of holding the planned Olympic Games in Whereas a child born from an untreated Olympic Charter, is to cooperate with the Sochi, that the Government of the Russian mother with phenylketonuria may have a competent public or private organizations Federation provide unconditional assurance condition known as ‘‘maternal phenyl- and authorities in the endeavor to place that no athlete, coach, official, spectator, or ketonuria syndrome’’, which can cause a sport at the service of humanity and thereby anyone otherwise involved or affiliated with small brain, an intellectual disability, birth promote peace; the Olympic Games will be harassed, fined, defects of the heart, and a low birth weight; Whereas, under the Olympic Charter, any detained, or otherwise have their human Whereas phenylketonuria is treated with form of discrimination against a person is rights, including their right to free expres- medical food; deemed incompatible with belonging to the sion, violated due to their actual or per- Whereas although there is no cure for Olympic movement and the IOC is to act ex- ceived sexual orientation or gender identity phenylketonuria, treatment involving med- plicitly against any form of discrimination or expression of support for LGBT human ical food and restricting phenylalanine in- affecting the Olympic movement; rights;

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.024 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8466 CONGRESSIONAL RECORD — SENATE November 21, 2013 (3) urges the IOC to insist that venders and shopping malls and retail businesses, the (1) the United States should ensure that contractors have LGBT nondiscrimination laws of the State of Delaware require auto- Israel, as a critical United States ally, is policies in place for the 2014 Winter Olympics matic doors or calling devices for newly con- able to adequately address an existential Ira- in Sochi and for all future Olympic Games or structed places of accommodation, and the nian nuclear threat, and the Secretary of De- other Olympic events; laws of the District of Columbia have a simi- fense should seek related opportunities for (4) urges the IOC to call on the Russian lar requirement; defense cooperation and partnership on mili- Federation to allow a Pride House that has Whereas the Facilities Standards for the tary capabilities where appropriate; and the mission of celebrating diversity and in- Public Buildings Service, published by the (2) the delivery of the S-300 air defense sys- clusiveness through sport and raising aware- General Services Administration, requires tem to Syria would pose a grave risk to ness of LGBT discrimination and criminal- automation of at least one exterior door for Israel, and the United States supports ization; all newly constructed or renovated facilities Israel’s right to respond to this grave threat (5) urges the IOC to amend its charter to managed by the General Services Adminis- as needed. state that discrimination based on sexual tration, including post offices; orientation and gender identity is not com- Whereas from 2006 to 2011, 71 percent of the f patible with the Olympic Games; and complaints received by the Access Board re- (6) urges the congressionally chartered garding the Architectural Barriers Act of SENATE CONCURRENT RESOLU- United States Olympic Committee to inter- 1968 concerned a post office or other facility TION 28—PROVIDING FOR A CON- vene and assist the IOC in establishing the of the United States Postal Service; DITIONAL ADJOURNMENT OR RE- objectives as laid out by this resolution. Whereas the United States Postal Service CESS OF THE SENATE AND AN employs approximately 522,000 people, mak- ADJOURNMENT OF THE HOUSE f ing it the second-largest civilian employer in OF REPRESENTATIVES SENATE CONCURRENT RESOLU- the United States; TION 26—RECOGNIZING THE Whereas approximately 3,200,000 people Mr. REID submitted the following NEED TO IMPROVE PHYSICAL visit 1 of the 31,857 post offices in the United concurrent resolution; which was con- States each day; and sidered and agreed to: ACCESS TO MANY FEDERALLY Whereas the United States was founded on FUNDED FACILITIES FOR ALL principles of equality and freedom, and these S. CON. RES. 28 PEOPLE OF THE UNITED principles require that all people, including Resolved by the Senate (the House of Rep- STATES, PARTICULARLY PEOPLE people with disabilities, are able to engage resentatives concurring), That when the Sen- WITH DISABILITIES as equal members of society: Now, therefore, ate recesses or adjourns on any day from be it Thursday, November 21, 2013, through Fri- Mr. BLUMENTHAL (for himself and Resolved by the Senate (the House of Rep- day, December 6, 2013, on a motion offered Mr. MURPHY) submitted the following resentatives concurring), That Congress— pursuant to this concurrent resolution by its concurrent resolution; which was re- (1) recognizes the immense hardships that Majority Leader or his designee, it stand re- ferred to the Committee on Health, people with disabilities in the United States cessed or adjourned until 12:00 noon on Mon- Education, Labor, and Pensions: must overcome every day; day, December 9, 2013, or such other time on (2) reaffirms its support of the Act entitled that day as may be specified by its Majority S. CON. RES. 26 ‘‘An Act to insure that certain buildings fi- Leader or his designee in the motion to re- Whereas, in 2012, 12 percent of the civilian nanced with Federal funds are so designed cess or adjourn, or until the time of any re- population in the United States reported and constructed as to be accessible to the assembly pursuant to section 2 or section 3 having a disability; physically handicapped’’, approved August of this concurrent resolution, whichever oc- Whereas, in 2012, 16 percent of veterans, 12, 1968 (42 U.S.C. 4151 et seq.), commonly curs first; and that when the House adjourns amounting to more than 3,500,000 people, re- known as the ‘‘Architectural Barriers Act of on any legislative day from Thursday, No- ceived service-related disability benefits; 1968’’, and the Americans with Disabilities vember 21, 2013, through Tuesday, November Whereas, in 2011, the percentage of work- Act of 1990 (42 U.S.C. 12101 et seq.), and en- 26, 2013, on a motion offered pursuant to this ing-age people in the United States who re- courages full compliance with such Acts; concurrent resolution by its Majority Leader ported having a work limitation due to a dis- (3) recommends that the United States or his designee, it stand adjourned until 2:00 ability was 7 percent, which is a 20-year Postal Service and Federal agencies install p.m. on Monday, December 2, 2013, or until high; power-assisted doors at post offices and the time of any reassembly pursuant to sec- Whereas the Act entitled ‘‘An Act to in- other federally funded facilities, respec- tion 2 of this concurrent resolution, which- sure that certain buildings financed with tively, to ensure equal access for all people ever occurs first. Federal funds are so designed and con- of the United States; and SEC. 2. The Majority Leader of the Senate structed as to be accessible to the physically (4) pledges to continue to work to identify and the Speaker of the House, or their re- handicapped’’, approved August 12, 1968 (42 and remove the barriers that prevent all peo- spective designees, acting jointly after con- U.S.C. 4151 et seq.) (referred to in this pre- ple of the United States from having equal sultation with the Minority Leader of the amble as the ‘‘Architectural Barriers Act of access to the services provided by the Fed- Senate and the Minority Leader of the 1968’’), was enacted to ensure that certain eral Government. House, shall notify the Members of the Sen- federally funded facilities are designed and f ate and House, respectively, to reassemble at constructed to be accessible to people with SENATE CONCURRENT RESOLU- such place and time as they may designate disabilities and requires that physically if, in their opinion, the public interest shall handicapped people have ready access to, and TION 27—EXPRESSING THE warrant it. use of, post offices and other Federal facili- SENSE OF CONGRESS THAT THE SEC. 3. After the House reassembles pursu- ties; UNITED STATES SHOULD EN- ant to the first section of this concurrent Whereas automatic doors, though not man- SURE THAT ISRAEL IS ABLE TO resolution, the Majority Leader of the Sen- dated by either the Architectural Barriers ADEQUATELY ADDRESS AN EXIS- ate after consultation with the Minority Act of 1968 or the Americans with Disabil- TENTIAL IRANIAN NUCLEAR Leader of the Senate, shall notify the Mem- ities Act of 1990 (42 U.S.C. 12101 et seq.), pro- bers of the Senate to reassemble whenever, vide a greater degree of self-sufficiency and THREAT AND TO SUPPORT ISRAEL’S RIGHT TO RESPOND TO in his opinion, the public interest shall war- dignity for people with disabilities and the rant it. elderly, who may have limited strength to THE POTENTIAL THREAT OF A open a manually operated door; SYRIAN S-300 AIR DEFENSE SYS- f Whereas a report commissioned by the Ar- TEM chitectural and Transportation Barriers SENATE CONCURRENT RESOLU- Mr. TOOMEY submitted the fol- Compliance Board (referred to in this pre- TION 29—EXPRESSING THE lowing concurrent resolution; which amble as the ‘‘Access Board’’), an inde- SENSE OF THE CONGRESS THAT was referred to the Committee on For- pendent Federal agency created to ensure ac- CHILDREN TRAFFICKED IN THE eign Relations: cess to federally funded facilities for people UNITED STATES BE TREATED AS with disabilities, recommends that all new S. CON. RES. 27 VICTIMS OF CRIME, AND NOT AS buildings for use by the public should have Resolved by the Senate (the House of Rep- at least one automated door at an accessible resentatives concurring), PERPETRATORS entrance, except for small buildings where SECTION 1. SHORT TITLE. Mr. HATCH (for himself, Mr. DURBIN, adding such doors may be a financial hard- This resolution may be cited as the ‘‘Sup- Mr. BAUCUS, Mr. PORTMAN, Mr. WYDEN, ship for the owners of the buildings; port of Israel Against Existential Threat Mr. CORNYN, Mr. BLUMENTHAL, Mr. Whereas States and municipalities have Resolution of 2013’’. ENZI, and Mr. CRAPO) submitted the begun to recognize the importance of auto- SEC. 2. SENSE OF CONGRESS ON SUPPORT TO matic doors in improving accessibility; ISRAEL TO ADDRESS IRANIAN AND following concurrent resolution; which Whereas the laws of the State of Con- SYRIAN THREATS. was referred to the Committee on the necticut require automatic doors in certain It is the sense of Congress that— Judiciary:

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S. CON. RES. 29 for other purposes; which was ordered to lie SA 2463. Ms. MIKULSKI (for herself, Mr. Whereas, according to the Federal Bureau on the table. COATS, Mr. WYDEN, and Mr. UDALL of Colo- of Investigation, it is estimated that hun- SA 2443. Ms. HEITKAMP submitted an rado) submitted an amendment intended to dreds of thousands of American children are amendment intended to be proposed by her be proposed by her to the bill S. 1197, supra; at risk for commercial sexual exploitation; to the bill S. 1197, supra; which was ordered which was ordered to lie on the table. Whereas this risk is even greater for the up to lie on the table. SA 2464. Mr. KAINE (for himself and Mr. to 30,000 young people who are emancipated SA 2444. Mr. ROCKEFELLER submitted an WARNER) submitted an amendment intended from foster care each year; amendment intended to be proposed by him to be proposed by him to the bill S. 1197, Whereas many of these children are girls to the bill S. 1197, supra; which was ordered supra; which was ordered to lie on the table. SA 2465. Mr. KAINE submitted an amend- previously or currently living in foster care to lie on the table. SA 2445. Mr. BENNET (for himself, Mr. ment intended to be proposed by him to the or otherwise involved in the child welfare COBURN, Mr. CARPER, and Ms. AYOTTE) sub- bill S. 1197, supra; which was ordered to lie system; mitted an amendment intended to be pro- on the table. Whereas flaws in the child welfare system posed by him to the bill S. 1197, supra; which SA 2466. Mr. LEVIN (for himself, Mr. in the United States, such as an over-reli- was ordered to lie on the table. MCCAIN, Mr. ROCKEFELLER, and Mr. COBURN) ance on group homes and barriers to youth SA 2446. Mr. CHAMBLISS (for himself and submitted an amendment intended to be pro- engaging in age-appropriate activities, con- Mr. INHOFE) submitted an amendment in- posed by him to the bill S. 1197, supra; which tribute to children’s vulnerability to domes- tended to be proposed by him to the bill S. was ordered to lie on the table. tic sex trafficking; 1197, supra; which was ordered to lie on the SA 2467. Mr. ROCKEFELLER (for himself Whereas the average age of entry into sex table. and Mr. PORTMAN) submitted an amendment trafficking for girls is between just 12 and 14 SA 2447. Mr. COATS (for himself and Mr. intended to be proposed by him to the bill S. years old; RUBIO) submitted an amendment intended to 1197, supra; which was ordered to lie on the Whereas many child sex trafficking vic- be proposed by him to the bill S. 1197, supra; table. tims have experienced previous physical and/ which was ordered to lie on the table. SA 2468. Mr. MARKEY (for himself and Mr. or sexual abuse—vulnerabilities that traf- SA 2448. Mr. GRAHAM submitted an WYDEN) submitted an amendment intended fickers exploit to lure them into a life of sex- amendment intended to be proposed by him to be proposed by him to the bill S. 1197, ual slavery that exposes them to long-term to the bill S. 1197, supra; which was ordered supra; which was ordered to lie on the table. abuse; to lie on the table. SA 2469. Mr. CASEY (for himself, Mr. Whereas many child sex trafficking vic- SA 2449. Mr. GRAHAM submitted an TOOMEY, and Mr. BROWN) submitted an tims are the ‘‘lost girls’’, standing around amendment intended to be proposed by him amendment intended to be proposed by him bus stops, in the runaway and homeless to the bill S. 1197, supra; which was ordered to the bill S. 1197, supra; which was ordered youth shelters, advertised online—hidden in to lie on the table. to lie on the table. plain view; and SA 2450. Mr. GRAHAM submitted an SA 2470. Mrs. FEINSTEIN submitted an Whereas many child sex trafficking vic- amendment intended to be proposed by him amendment intended to be proposed by her tims who have not yet attained the age of to the bill S. 1197, supra; which was ordered to the bill S. 1197, supra; which was ordered consent are arrested and detained for juve- to lie on the table. to lie on the table. nile prostitution or status offenses directly SA 2451. Mr. ENZI submitted an amend- SA 2471. Mr. LEAHY (for himself, Ms. COL- related to their exploitation: Now, therefore, ment intended to be proposed by him to the LINS, Mr. COONS, Mr. BLUMENTHAL, Ms. LAN- be it bill S. 1197, supra; which was ordered to lie DRIEU, Mr. WHITEHOUSE, Mr. MERKLEY, and Resolved by the Senate (the House of Rep- on the table. Ms. KLOBUCHAR) submitted an amendment resentatives concurring), That the Congress— SA 2452. Mr. ENZI submitted an amend- intended to be proposed by him to the bill S. (1) finds that law enforcement, judges, ment intended to be proposed by him to the 1197, supra; which was ordered to lie on the child welfare agencies, and the public should bill S. 1197, supra; which was ordered to lie table. treat children being trafficked for sex as vic- on the table. SA 2472. Ms. LANDRIEU (for herself and tims of child abuse; SA 2453. Mr. LEE (for himself, Mrs. FISCH- Ms. AYOTTE) submitted an amendment in- (2) finds that every effort should be made ER, and Mr. RUBIO) submitted an amendment tended to be proposed by her to the bill S. to arrest and hold accountable both traf- intended to be proposed by him to the bill S. 1197, supra; which was ordered to lie on the fickers and buyers of children for sex, in ac- 1197, supra; which was ordered to lie on the table. cordance with Federal laws to protect vic- table. SA 2473. Mr. UDALL of Colorado (for him- tims of trafficking and State child protec- SA 2454. Mr. TOOMEY submitted an self and Mr. BLUNT) submitted an amend- tion laws against abuse, in order to take all amendment intended to be proposed by him ment intended to be proposed by him to the necessary measures to protect our Nation’s to the bill S. 1197, supra; which was ordered bill S. 1197, supra; which was ordered to lie children from harm; to lie on the table. on the table. (3) supports survivors of domestic sex traf- SA 2455. Mr. TOOMEY submitted an SA 2474. Mr. TESTER (for himself and Mrs. ficking, including their efforts to raise amendment intended to be proposed by him MCCASKILL) submitted an amendment in- awareness of this tragedy and the services to the bill S. 1197, supra; which was ordered tended to be proposed by him to the bill S. they need to heal from the complex trauma to lie on the table. 1197, supra; which was ordered to lie on the SA 2456. Mr. TOOMEY submitted an of sexual violence and exploitation; table. amendment intended to be proposed by him SA 2475. Mr. MCCAIN (for himself, Mr. (4) recognizes that most girls who are to the bill S. 1197, supra; which was ordered LEVIN, and Mr. COONS) submitted an amend- bought and sold for sex in the United States to lie on the table. ment intended to be proposed by him to the have been involved in the child welfare sys- SA 2457. Mr. PAUL submitted an amend- bill S. 1197, supra; which was ordered to lie tem, which has a responsibility to protect ment intended to be proposed by him to the on the table. them and requires reform to better prevent bill S. 1197, supra; which was ordered to lie SA 2476. Ms. WARREN (for herself and Mr. domestic child sex trafficking and aid the on the table. RUBIO) submitted an amendment intended to victims of this tragedy; SA 2458. Mr. MCCAIN submitted an amend- be proposed by her to the bill S. 1197, supra; (5) believes that the child welfare system ment intended to be proposed by him to the which was ordered to lie on the table. should identify, assess, and provide sup- bill S. 1197, supra; which was ordered to lie SA 2477. Mr. WYDEN submitted an amend- portive services to children in its care who on the table. ment intended to be proposed by him to the are victims of sex trafficking, or at risk of SA 2459. Mr. BOOZMAN (for himself and bill S. 1197, supra; which was ordered to lie becoming such victims; and Mr. DONNELLY) submitted an amendment in- on the table. (6) supports an end to demand for girls by tended to be proposed by him to the bill S. SA 2478. Mr. REED (for himself and Mr. declaring that our Nation’s daughters are 1197, supra; which was ordered to lie on the WHITEHOUSE) submitted an amendment in- not for sale and that any person who pur- table. tended to be proposed by him to the bill S. chases a child for sex should be appropriately SA 2460. Mr. BOOZMAN (for himself, Mr. 1197, supra; which was ordered to lie on the held accountable with the full force of law. MANCHIN, and Mr. MORAN) submitted an table. f amendment intended to be proposed by him SA 2479. Mr. WARNER submitted an to the bill S. 1197, supra; which was ordered amendment intended to be proposed by him AMENDMENTS SUBMITTED AND to lie on the table. to the bill S. 1197, supra; which was ordered PROPOSED SA 2461. Mr. PORTMAN (for himself and to lie on the table. Mr. DONNELLY) submitted an amendment in- SA 2480. Mrs. GILLIBRAND submitted an SA 2442. Mr. COONS submitted an amend- tended to be proposed by him to the bill S. amendment intended to be proposed by her ment intended to be proposed by him to the 1197, supra; which was ordered to lie on the to the bill S. 1197, supra; which was ordered bill S. 1197, to authorize appropriations for table. to lie on the table. fiscal year 2014 for military activities of the SA 2462. Mr. CARDIN (for himself, Mr. SA 2481. Mr. MANCHIN (for himself and Department of Defense, for military con- MCCAIN, and Mr. WHITEHOUSE) submitted an Mr. MCCAIN) submitted an amendment in- struction, and for defense activities of the amendment intended to be proposed by him tended to be proposed by him to the bill S. Department of Energy, to prescribe military to the bill S. 1197, supra; which was ordered 1197, supra; which was ordered to lie on the personnel strengths for such fiscal year, and to lie on the table. table.

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.032 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8468 CONGRESSIONAL RECORD — SENATE November 21, 2013 SA 2482. Mr. CARPER (for himself and Mr. SA 2501. Mr. HELLER (for himself and Ms. SA 2523. Mr. MENENDEZ (for himself, Mr. COBURN) submitted an amendment intended HIRONO) submitted an amendment intended SCHUMER, Mr. CARDIN, Mr. BLUMENTHAL, Mr. to be proposed by him to the bill S. 1197, to be proposed by him to the bill S. 1197, COONS, and Mr. CASEY) submitted an amend- supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. ment intended to be proposed by him to the SA 2483. Mr. MENENDEZ (for himself, Mr. SA 2502. Ms. BALDWIN submitted an bill S. 1197, supra; which was ordered to lie CORKER, Mr. CARDIN, and Mr. RUBIO) sub- amendment intended to be proposed by her on the table. mitted an amendment intended to be pro- to the bill S. 1197, supra; which was ordered SA 2524. Mr. KING (for himself and Ms. posed by him to the bill S. 1197, supra; which to lie on the table. COLLINS) submitted an amendment intended was ordered to lie on the table. SA 2503. Ms. MURKOWSKI submitted an to be proposed by him to the bill S. 1197, SA 2484. Ms. KLOBUCHAR (for herself, Mr. amendment intended to be proposed by her supra; which was ordered to lie on the table. SCHUMER, Mr. COONS, and Mr. HOEVEN) sub- to the bill S. 1197, supra; which was ordered SA 2525. Mr. COCHRAN submitted an mitted an amendment intended to be pro- to lie on the table. amendment intended to be proposed by him posed by her to the bill S. 1197, supra; which SA 2504. Mr. RISCH submitted an amend- to the bill S. 1197, supra; which was ordered was ordered to lie on the table. ment intended to be proposed by him to the to lie on the table. SA 2485. Mr. PRYOR submitted an amend- bill S. 1197, supra; which was ordered to lie SA 2526. Mr. REID submitted an amend- ment intended to be proposed by him to the on the table. ment intended to be proposed by him to the bill S. 1197, supra; which was ordered to lie SA 2505. Mr. MCCAIN submitted an amend- bill S. 1197, supra; which was ordered to lie on the table. ment intended to be proposed by him to the on the table. SA 2486. Mr. PRYOR submitted an amend- bill S. 1197, supra; which was ordered to lie SA 2527. Mr. REID submitted an amend- ment intended to be proposed by him to the on the table. ment intended to be proposed by him to the bill S. 1197, supra; which was ordered to lie SA 2506. Mr. MCCAIN submitted an amend- bill S. 1197, supra; which was ordered to lie on the table. ment intended to be proposed by him to the on the table. SA 2487. Mr. CARDIN (for himself and Mr. bill S. 1197, supra; which was ordered to lie SA 2528. Mr. REID submitted an amend- MENENDEZ) submitted an amendment in- on the table. ment intended to be proposed by him to the tended to be proposed by him to the bill S. SA 2507. Mr. RUBIO submitted an amend- bill S. 1197, supra; which was ordered to lie 1197, supra; which was ordered to lie on the ment intended to be proposed by him to the on the table. table. bill S. 1197, supra; which was ordered to lie SA 2529. Ms. COLLINS submitted an SA 2488. Mrs. SHAHEEN submitted an on the table. amendment intended to be proposed by her amendment intended to be proposed by her SA 2508. Mr. BLUNT submitted an amend- to the bill S. 1197, supra; which was ordered to the bill S. 1197, supra; which was ordered ment intended to be proposed by him to the to lie on the table. to lie on the table. bill S. 1197, supra; which was ordered to lie SA 2530. Mr. CORNYN submitted an SA 2489. Mr. BAUCUS (for himself, Mr. on the table. amendment intended to be proposed by him ENZI, Mr. TESTER, Ms. HEITKAMP, Mr. SA 2509. Mr. INHOFE submitted an amend- to the bill S. 1197, supra; which was ordered HOEVEN, Mr. BARRASSO, Mrs. FISCHER, Mr. ment intended to be proposed by him to the to lie on the table. HATCH, and Mr. JOHANNS) submitted an bill S. 1197, supra; which was ordered to lie SA 2531. Mr. CORNYN submitted an amendment intended to be proposed by him on the table. amendment intended to be proposed by him to the bill S. 1197, supra; which was ordered SA 2510. Mr. KIRK submitted an amend- to the bill S. 1197, supra; which was ordered to lie on the table. ment intended to be proposed by him to the to lie on the table. SA 2490. Ms. CANTWELL (for herself, Mr. bill S. 1197, supra; which was ordered to lie SA 2532. Mr. CORNYN submitted an BEGICH, Ms. MURKOWSKI, and Mrs. MURRAY) on the table. amendment intended to be proposed by him SA 2511. Mr. CRUZ (for himself and Mr. submitted an amendment intended to be pro- to the bill S. 1197, supra; which was ordered CORNYN) submitted an amendment intended posed by her to the bill S. 1197, supra; which to lie on the table. was ordered to lie on the table. to be proposed by him to the bill S. 1197, SA 2533. Mr. CORNYN (for himself, Mr. SA 2491. Ms. CANTWELL (for herself and supra; which was ordered to lie on the table. CRUZ, Mr. BOOZMAN, Mr. PRYOR, Mr. HELLER, Mrs. MURRAY) submitted an amendment in- SA 2512. Mr. CORKER submitted an amend- Mr. MORAN, Ms. COLLINS, and Mr. PORTMAN) tended to be proposed by her to the bill S. ment intended to be proposed by him to the submitted an amendment intended to be pro- 1197, supra; which was ordered to lie on the bill S. 1197, supra; which was ordered to lie posed by him to the bill S. 1197, supra; which table. on the table. was ordered to lie on the table. SA 2492. Ms. CANTWELL (for herself, Mr. SA 2513. Mr. BLUNT submitted an amend- SA 2534. Mrs. McCASKILL submitted an HEINRICH, Mrs. MURRAY, and Mr. UDALL of ment intended to be proposed by him to the amendment intended to be proposed by her New Mexico) submitted an amendment in- bill S. 1197, supra; which was ordered to lie to the bill S. 1197, supra; which was ordered tended to be proposed by her to the bill S. on the table. to lie on the table. 1197, supra; which was ordered to lie on the SA 2514. Mr. KING (for himself and Ms. SA 2535. Mr. COCHRAN submitted an table. COLLINS) submitted an amendment intended SA 2493. Mr. KAINE (for himself and Mr. to be proposed by him to the bill S. 1197, amendment intended to be proposed by him to the bill S. 1197, supra; which was ordered WARNER) submitted an amendment intended supra; which was ordered to lie on the table. to be proposed by him to the bill S. 1197, SA 2515. Mr. KING (for himself and Ms. to lie on the table. SA 2536. Mr. BURR (for himself, Mr. supra; which was ordered to lie on the table. COLLINS) submitted an amendment intended SA 2494. Mr. HARKIN submitted an amend- to be proposed by him to the bill S. 1197, COBURN, Mr. CHAMBLISS, and Mr. RUBIO) sub- ment intended to be proposed by him to the supra; which was ordered to lie on the table. mitted an amendment intended to be pro- bill S. 1197, supra; which was ordered to lie SA 2516. Mr. LEAHY submitted an amend- posed by him to the bill S. 1197, supra; which on the table. ment intended to be proposed by him to the was ordered to lie on the table. SA 2495. Mr. BLUMENTHAL submitted an bill S. 1197, supra; which was ordered to lie SA 2537. Ms. BALDWIN submitted an amendment intended to be proposed by him on the table. amendment intended to be proposed by her to the bill S. 1197, supra; which was ordered SA 2517. Mr. COONS submitted an amend- to the bill S. 1197, supra; which was ordered to lie on the table. ment intended to be proposed by him to the to lie on the table. SA 2496. Mr. MENENDEZ (for himself and bill S. 1197, supra; which was ordered to lie SA 2538. Mr. BEGICH submitted an amend- Mr. CORKER) submitted an amendment in- on the table. ment intended to be proposed by him to the tended to be proposed by him to the bill S. SA 2518. Ms. HIRONO submitted an amend- bill S. 1197, supra; which was ordered to lie 1197, supra; which was ordered to lie on the ment intended to be proposed by her to the on the table. table. bill S. 1197, supra; which was ordered to lie SA 2539. Mr. WICKER submitted an amend- SA 2497. Mr. WHITEHOUSE submitted an on the table. ment intended to be proposed to amendment amendment intended to be proposed by him SA 2519. Ms. HIRONO submitted an amend- SA 2185 submitted by Mr. WICKER (for him- to the bill S. 1197, supra; which was ordered ment intended to be proposed by her to the self, Mr. LEE, Mrs. FISCHER, and Mr. CORNYN) to lie on the table. bill S. 1197, supra; which was ordered to lie and intended to be proposed to the bill S. SA 2498. Mr. MENENDEZ submitted an on the table. 1197, supra; which was ordered to lie on the amendment intended to be proposed by him SA 2520. Mr. COBURN submitted an table. to the bill S. 1197, supra; which was ordered amendment intended to be proposed by him SA 2540. Mr. BAUCUS (for himself and Mr. to lie on the table. to the bill S. 1197, supra; which was ordered TESTER) submitted an amendment intended SA 2499. Mr. MCCAIN (for himself, Mrs. to lie on the table. to be proposed to amendment SA 2100 sub- FEINSTEIN, Mr. COCHRAN, Ms. CANTWELL, and SA 2521. Mr. MENENDEZ submitted an mitted by Mr. WYDEN (for himself and Mr. Mr. WICKER) submitted an amendment in- amendment intended to be proposed by him HEINRICH) and intended to be proposed to the tended to be proposed by him to the bill S. to the bill S. 1197, supra; which was ordered bill S. 1197, supra; which was ordered to lie 1197, supra; which was ordered to lie on the to lie on the table. on the table. table. SA 2522. Mr. MENENDEZ (for himself and SA 2541. Mr. UDALL of Colorado (for him- SA 2500. Mr. HELLER submitted an Mr. CORKER) submitted an amendment in- self and Mr. UDALL of New Mexico) sub- amendment intended to be proposed by him tended to be proposed by him to the bill S. mitted an amendment intended to be pro- to the bill S. 1197, supra; which was ordered 1197, supra; which was ordered to lie on the posed by him to the bill S. 1197, supra; which to lie on the table. table. was ordered to lie on the table.

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.033 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8469 SA 2542. Ms. BALDWIN submitted an (8) A description of mechanisms for coordi- Not later than 180 days after the date of the amendment intended to be proposed to nating United States military and non-mili- enactment of this Act, the Secretary of De- amendment SA 2502 submitted by Ms. BALD- tary assistance with other international do- fense, the Secretary of Transportation, the WIN and intended to be proposed to the bill S. nors, regional governments, and relevant Administrator of the Federal Aviation Ad- 1197, supra; which was ordered to lie on the multilateral organizations. ministration, and the Administrator of the table. (9) Plans to increase United States diplo- National Aeronautics and Space Administra- f matic engagement with Somalia, including tion, on behalf of the UAS Executive Com- through the future establishment of an em- mittee, shall jointly submit a report to the TEXT OF AMENDMENTS bassy or other diplomatic posts in appropriate congressional committees that SA 2442. Mr. COONS submitted an Mogadishu. describes the following: amendment intended to be proposed by (10) Any other element the President deter- (1) The collaboration, demonstrations, and him to the bill S. 1197, to authorize ap- mines appropriate. initial fielding of unmanned aircraft systems (c) REPORTS.—Not later than 180 days from propriations for fiscal year 2014 for at test sites within and outside of restricted the submission of the strategy required airspace. military activities of the Department under subsection (a), and annually thereafter (2) The progress being made to develop of Defense, for military construction, for three years, the President shall submit to public and civil sense-and-avoid and com- and for defense activities of the De- the appropriate committees of Congress an mand-and-control technology, including the partment of Energy, to prescribe mili- update on implementation of the strategy human factors and other technological chal- tary personnel strengths for such fiscal and progress made in Somalia in security, lenges identified in the Integration of Civil stability, development, and governance. Unmanned Aircraft Systems in the National year, and for other purposes; which was (d) FORM.—The strategy under this section ordered to lie on the table; as follows: Airspace System Roadmap, published by the shall be submitted in unclassified form, but Federal Aviation Administration on Novem- At the end of subtitle C of title XII, add may include a classified annex. The reports ber 7, 2013 (referred to in this subsection as the following: may take the form of a briefing, unclassified the ‘‘NAS Roadmap’’), and what role the test SEC. 1237. STRATEGY TO SUPPORT CONSOLIDA- report, or unclassified report with a classi- sites can play in overcoming those chal- TION OF SECURITY AND GOVERN- fied annex. lenges. ANCE GAINS IN SOMALIA. (e) RULE OF CONSTRUCTION.—Nothing in (3) An assessment on the sharing of oper- (a) REQUIREMENT FOR STRATEGY.—Not later this section shall be construed to authorize ational, programmatic, and research data re- than 120 days after the date of the enactment any use of military force in Somalia. of this Act, the President shall submit to the (f) APPROPRIATE COMMITTEES OF CONGRESS lating to unmanned aircraft systems oper- appropriate committees of Congress a strat- DEFINED.—In this section, the term ‘‘appro- ations by the Federal Aviation Administra- egy to guide future United States action in priate committees of Congress’’ means— tion, the Department of Defense, and the Na- support of the Government and people of So- (1) the Committee on Appropriations, the tional Aeronautics and Space Administra- malia to foster economic growth and oppor- Committee on Armed Services, the Com- tion to help the Federal Aviation Adminis- tunity, counter armed threats to stability, mittee on Foreign Relations, and the Select tration establish civil unmanned aircraft and develop credible, transparent, and rep- Committee Intelligence of the Senate; and systems certification standards, pilot certifi- resentative government systems and institu- (2) the Committee on Appropriations, the cation and licensing, and air traffic control tions. Committee on Armed Services, the Com- procedures, including identifying the loca- (b) CONTENT OF STRATEGY.—The strategy mittee on Foreign Affairs, and the Perma- tions selected to collect, analyze, and store required under subsection (a) should include nent Select Committee on Intelligence of the the data. the following elements: House of Representatives. (4) The strategy to improve the effective- (1) A clearly stated policy toward Somalia ness of government-industry collaboration on supporting the consolidation of political SA 2443. Ms. HEITKAMP submitted between UAS Executive Committee members gains at the national level, while also en- an amendment intended to be proposed and relevant stakeholders regarding Na- couraging and supporting complementary by her to the bill S. 1197, to authorize tional Airspace System integration, and how processes at the local and regional levels. appropriations for fiscal year 2014 for the test sites can be used to improve this (2) Measures to support the development collaboration. military activities of the Department (5) An evaluation of how best to overcome goals identified by the people and Govern- of Defense, for military construction, ment of Somalia. the national security challenges identified in (3) Plans for strengthening efforts by the and for defense activities of the De- the NAS Roadmap referred to in paragraph Government of Somalia, the African Union, partment of Energy, to prescribe mili- (2). and regional governments to stabilize the se- tary personnel strengths for such fiscal curity situation within Somalia and further year, and for other purposes; which was SA 2444. Mr. ROCKEFELLER sub- degrade al-Shabaab’s capabilities, in order to ordered to lie on the table; as follows: mitted an amendment intended to be enable the eventual transfer of security oper- At the end of subtitle G of title X, add the proposed by him to the bill S. 1197, to ations to Somali security forces capable of— following: authorize appropriations for fiscal year (A) maintaining and expanding security SEC. 1066. REPORT ON UNMANNED AIRCRAFT 2014 for military activities of the De- within Somalia; SYSTEMS. partment of Defense, for military con- (B) confronting international security (a) DEFINITIONS.—In this section: struction, and for defense activities of threats; and (1) The term ‘‘appropriate congressional the Department of Energy, to prescribe (C) preventing human rights abuses. committees’’ means— (4) Plans for supporting the development (A) the Committee on Armed Services of military personnel strengths for such and professionalization of regionally and the Senate; fiscal year, and for other purposes; ethnically representative Somali security (B) the Committee on Commerce, Science, which was ordered to lie on the table; forces, including the infrastructure and pro- and Transportation of the Senate; as follows: cedures required to ensure chain of custody (C) the Committee on Appropriations of At the appropriate place, add the fol- and the safe storage of military equipment the Senate; lowing: and an assessment of the benefits and risks (D) the Committee on Armed Services of TITLE ll—CYBERSECURITY ACT OF 2013 of the provision of weaponry to the Somali the House of Representatives; security forces by the United States. (E) the Committee on Transportation and SEC. ll01. SHORT TITLE. (5) A description of United States national Infrastructure of the House of Representa- This title may be cited as the ‘‘Cybersecu- security objectives addressed through mili- tives; rity Act of 2013’’. tary-to-military cooperation activities with (F) the Committee on Science, Space, and SEC. ll02. DEFINITIONS. Somali security forces. Technology of the House of Representatives; In this title: (6) A description of security risks to and (1) CYBERSECURITY MISSION.—The term ‘‘cy- United States personnel conducting security (G) the Committee on Appropriations of bersecurity mission’’ means activities that cooperation activities within Somalia and the House of Representatives. encompass the full range of threat reduction, plans to assist the Somali security forces in (2) The term ‘‘UAS Executive Committee’’ vulnerability reduction, deterrence, inter- preventing infiltration and insider attacks, means the Department of Defense-Federal national engagement, incident response, re- including through the application of lessons Aviation Administration executive com- siliency, and recovery policies and activities, learned in United States military training mittee described in section 1036(b) of the including computer network operations, in- efforts in Afghanistan. Duncan Hunter National Defense Authoriza- formation assurance, law enforcement, diplo- (7) A description of United States tools for tion Act for Fiscal Year 2009 (Public Law macy, military, and intelligence missions as monitoring and responding to violations of 110–417; 122 Stat. 4596) established by the Sec- such activities relate to the security and sta- the United Nations Security Council arms retary of Defense and the Administrator of bility of cyberspace. embargo, charcoal ban, and other inter- the Federal Aviation Administration. (2) INFORMATION INFRASTRUCTURE.—The national agreements affecting the stability (b) REPORT ON COLLABORATION, DEMONSTRA- term ‘‘information infrastructure’’ means of Somalia. TION, AND USE CASES AND DATA SHARING.— the underlying framework that information

VerDate Mar 15 2010 04:34 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.034 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8470 CONGRESSIONAL RECORD — SENATE November 21, 2013 systems and assets rely on to process, trans- developed, or manufactured in a particular (B) how to test and verify that software mit, receive, or store information electroni- manner. and hardware, whether developed locally or cally, including programmable electronic de- ‘‘(2) LIMITATION.—Information shared with obtained from a third party, is free of signifi- vices, communications networks, and indus- or provided to the Institute for the purpose cant known security flaws; trial or supervisory control systems and any of the activities described under subsection (C) how to test and verify that software associated hardware, software, or data. (c)(15) shall not be used by any Federal, and hardware obtained from a third party (3) INFORMATION SYSTEM.—The term ‘‘infor- State, tribal, or local department or agency correctly implements stated functionality, mation system’’ has the meaning given that to regulate the activity of any entity. and only that functionality; term in section 3502 of title 44, United States ‘‘(3) DEFINITIONS.—In this subsection: (D) how to guarantee the privacy of an in- Code. ‘‘(A) CRITICAL INFRASTRUCTURE.—The term dividual, including that individual’s iden- SEC. ll03. NO REGULATORY AUTHORITY. ‘critical infrastructure’ has the meaning tity, information, and lawful transactions Nothing in this title shall be construed to given the term in section 1016(e) of the USA when stored in distributed systems or trans- confer any regulatory authority on any Fed- PATRIOT Act of 2001 (42 U.S.C. 5195c(e)). mitted over networks; eral, State, tribal, or local department or ‘‘(B) SECTOR-SPECIFIC AGENCY.—The term (E) how to build new protocols to enable agency. ‘sector-specific agency’ means the Federal the Internet to have robust security as one of the key capabilities of the Internet; Subtitle A—Public-private Collaboration on department or agency responsible for pro- (F) how to determine the origin of a mes- Cybersecurity viding institutional knowledge and special- ized expertise as well as leading, facilitating, sage transmitted over the Internet; SEC. ll11. PUBLIC-PRIVATE COLLABORATION (G) how to support privacy in conjunction ON CYBERSECURITY. or supporting the security and resilience pro- grams and associated activities of its des- with improved security; (a) CYBERSECURITY.—Section 2(c) of the Na- ignated critical infrastructure sector in the (H) how to address the growing problem of tional Institute of Standards and Technology insider threats; Act (15 U.S.C. 272(c)) is amended— all-hazards environment.’’. TUDY AND REPORT.— (I) how improved consumer education and (1) by redesignating paragraphs (15) (c) S (1) STUDY.—The Comptroller General of the digital literacy initiatives can address through (22) as paragraphs (16) through (23), United States shall conduct a study that as- human factors that contribute to cybersecu- respectively; and sesses— rity; (2) by inserting after paragraph (14) the fol- (A) the progress made by the Director of (J) how to protect information processed, lowing: the National Institute of Standards and transmitted, or stored using cloud com- ‘‘(15) on an ongoing basis, facilitate and Technology in facilitating the development puting or transmitted through wireless serv- support the development of a voluntary, in- of standards and procedures to reduce cyber ices; and dustry-led set of standards, guidelines, best risks to critical infrastructure in accordance (K) any additional objectives the Director practices, methodologies, procedures, and with section 2(c)(15) of the National Institute of the Office of Science and Technology Pol- processes to reduce cyber risks to critical in- of Standards and Technology Act, as added icy, in coordination with the head of any rel- frastructure (as defined under subsection by this section; evant Federal agency and with input from (e));’’. (B) the extent to which the Director’s fa- stakeholders, including appropriate national (b) SCOPE AND LIMITATIONS.—Section 2 of laboratories, industry, and academia, deter- the National Institute of Standards and cilitation efforts are consistent with the di- rective in such section that the development mines appropriate. Technology Act (15 U.S.C. 272) is amended by (2) REQUIREMENTS.— adding at the end the following: of such standards and procedures be vol- untary and led by industry representatives; (A) IN GENERAL.—The Federal cybersecu- ‘‘(e) CYBER RISKS.— rity research and development plan shall ‘‘(1) IN GENERAL.—In carrying out the ac- (C) the extent to which sectors of critical infrastructure (as defined in section 1016(e) identify and prioritize near-term, mid-term, tivities under subsection (c)(15), the Direc- and long-term research in computer and in- tor— of the USA PATRIOT Act of 2001 (42 U.S.C. 5195c(e))) have adopted a voluntary, indus- formation science and engineering to meet ‘‘(A) shall— the objectives under paragraph (1), including ‘‘(i) coordinate closely and continuously try-led set of standards, guidelines, best practices, methodologies, procedures, and research in the areas described in section with relevant private sector personnel and 4(a)(1) of the Cyber Security Research and entities, critical infrastructure owners and processes to reduce cyber risks to critical in- frastructure in accordance with such section Development Act (15 U.S.C. 7403(a)(1)). operators, sector coordinating councils, In- (B) PRIVATE SECTOR EFFORTS.—In devel- formation Sharing and Analysis Centers, and 2(c)(15); (D) the reasons behind the decisions of sec- oping, implementing, and updating the Fed- other relevant industry organizations, and eral cybersecurity research and development incorporate industry expertise; tors of critical infrastructure (as defined in subparagraph (C)) to adopt or to not adopt plan, the Director of the Office of Science ‘‘(ii) consult with the heads of agencies and Technology Policy shall work in close with national security responsibilities, sec- the voluntary standards described in sub- paragraph (C); and cooperation with industry, academia, and tor-specific agencies, State and local govern- other interested stakeholders to ensure, to ments, the governments of other nations, (E) the extent to which such voluntary standards have proved successful in pro- the extent possible, that Federal cybersecu- and international organizations; rity research and development is not dupli- ‘‘(iii) identify a prioritized, flexible, re- tecting critical infrastructure from cyber threats. cative of private sector efforts. peatable, performance-based, and cost-effec- (3) TRIENNIAL UPDATES.— (2) REPORTS.—Not later than 1 year after tive approach, including information secu- (A) IN GENERAL.—The Federal cybersecu- rity measures and controls, that may be vol- the date of the enactment of this Act, and every 2 years thereafter for the following 6 rity research and development plan shall be untarily adopted by owners and operators of updated triennially. critical infrastructure to help them identify, years, the Comptroller General shall submit a report, which summarizes the findings of (B) REPORT TO CONGRESS.—The Director of assess, and manage cyber risks; the Office of Science and Technology Policy ‘‘(iv) include methodologies— the study conducted under paragraph (1), to— shall submit the plan, not later than 1 year ‘‘(I) to identify and mitigate impacts of the after the date of enactment of this Act, and cybersecurity measures or controls on busi- (A) the Committee on Commerce, Science, and Transportation of the Senate; each updated plan under this section to the ness confidentiality; and Committee on Commerce, Science, and ‘‘(II) to protect individual privacy and civil (B) the Committee on Energy and Com- merce of the House of Representatives; and Transportation of the Senate and the Com- liberties; mittee on Science, Space, and Technology of ‘‘(v) incorporate voluntary consensus (C) the Committee on Science, Space, and Technology of the House of Representatives. the House of Representatives. standards and industry best practices; (b) CYBERSECURITY PRACTICES RESEARCH.— ‘‘(vi) align with voluntary international Subtitle B—Cybersecurity Research and The Director of the National Science Foun- standards to the fullest extent possible; Development dation shall support research that— ‘‘(vii) prevent duplication of regulatory SEC. ll21. FEDERAL CYBERSECURITY RE- (1) develops, evaluates, disseminates, and processes and prevent conflict with or super- SEARCH AND DEVELOPMENT. integrates new cybersecurity practices and seding of regulatory requirements, manda- (a) FUNDAMENTAL CYBERSECURITY RE- concepts into the core curriculum of com- tory standards, and related processes; and SEARCH.— puter science programs and of other pro- ‘‘(viii) include such other similar and con- (1) IN GENERAL.—The Director of the Office grams where graduates of such programs sistent elements as the Director considers of Science and Technology Policy, in coordi- have a substantial probability of developing necessary; and nation with the head of any relevant Federal software after graduation, including new ‘‘(B) shall not prescribe or otherwise re- agency, shall build upon programs and plans practices and concepts relating to secure quire— in effect as of the date of enactment of this coding education and improvement pro- ‘‘(i) the use of specific solutions; Act to develop a Federal cybersecurity re- grams; and ‘‘(ii) the use of specific information or search and development plan to meet objec- (2) develops new models for professional de- communications technology products or tives in cybersecurity, such as— velopment of faculty in cybersecurity edu- services; or (A) how to design and build complex soft- cation, including secure coding development. ‘‘(iii) that information or communications ware-intensive systems that are secure and (c) CYBERSECURITY MODELING AND TEST technology products or services be designed, reliable when first deployed; BEDS.—

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(1) REVIEW.—Not later than 1 year after the ‘‘(iii) verification and validation tech- Subtitle C—Education and Workforce date of enactment of this Act, the Director nologies to ensure that requirements and Development the National Science Foundation, in coordi- specifications have been implemented; and SEC. ll31. CYBERSECURITY COMPETITIONS nation with the Director of the Office of ‘‘(iv) models for comparison and metrics to AND CHALLENGES. Science and Technology Policy, shall con- assure that required standards have been (a) IN GENERAL.—The Secretary of Com- duct a review of cybersecurity test beds in met; merce, Director of the National Science existence on the date of enactment of this ‘‘(L) holistic system security that— Foundation, and Secretary of Homeland Se- Act to inform the grants under paragraph ‘‘(i) addresses the building of secure sys- curity, in consultation with the Director of (2). The review shall include an assessment tems from trusted and untrusted compo- the Office of Personnel Management, shall— of whether a sufficient number of cybersecu- nents; (1) support competitions and challenges rity test beds are available to meet the re- ‘‘(ii) proactively reduces vulnerabilities; under section 105 of the America COMPETES search needs under the Federal cybersecurity ‘‘(iii) addresses insider threats; and Reauthorization Act of 2010 (124 Stat. 3989) or research and development plan. ‘‘(iv) supports privacy in conjunction with any other provision of law, as appropriate— (2) ADDITIONAL CYBERSECURITY MODELING (A) to identify, develop, and recruit tal- improved security; AND TEST BEDS.— ented individuals to perform duties relating ‘‘(M) monitoring and detection; (A) IN GENERAL.—If the Director of the Na- to the security of information infrastructure ‘‘(N) mitigation and rapid recovery meth- tional Science Foundation, after the review in Federal, State, and local government under paragraph (1), determines that the re- ods; agencies, and the private sector; or search needs under the Federal cybersecurity ‘‘(O) security of wireless networks and mo- (B) to stimulate innovation in basic and research and development plan require the bile devices; and applied cybersecurity research, technology establishment of additional cybersecurity ‘‘(P) security of cloud infrastructure and development, and prototype demonstration test beds, the Director of the National services.’’. that has the potential for application to the Science Foundation, in coordination with (f) RESEARCH ON THE SCIENCE OF CYBERSE- information technology activities of the the Secretary of Commerce and the Sec- CURITY.—The head of each agency and de- Federal Government; and retary of Homeland Security, may award partment identified under section 101(a)(3)(B) (2) ensure the effective operation of the competitions and challenges under this sec- grants to institutions of higher education or of the High-Performance Computing Act of research and development non-profit institu- tion. 1991 (15 U.S.C. 5511(a)(3)(B)), through existing tions to establish cybersecurity test beds. (b) PARTICIPATION.—Participants in the programs and activities, shall support re- (B) REQUIREMENT.—The cybersecurity test competitions and challenges under sub- beds under subparagraph (A) shall be suffi- search that will lead to the development of a section (a)(1) may include— ciently large in order to model the scale and scientific foundation for the field of cyberse- (1) students enrolled in grades 9 through 12; complexity of real-time cyber attacks and curity, including research that increases un- (2) students enrolled in a postsecondary defenses on real world networks and environ- derstanding of the underlying principles of program of study leading to a baccalaureate ments. securing complex networked systems, en- degree at an institution of higher education; (3) students enrolled in a post bacca- (C) ASSESSMENT REQUIRED.—The Director ables repeatable experimentation, and cre- laureate program of study at an institution of the National Science Foundation, in co- ates quantifiable security metrics. ordination with the Secretary of Commerce of higher education; and the Secretary of Homeland Security, SEC. ll22. COMPUTER AND NETWORK SECURITY (4) institutions of higher education and re- shall evaluate the effectiveness of any grants RESEARCH CENTERS. search institutions; awarded under this subsection in meeting (5) veterans; and Section 4(b) of the Cyber Security Re- (6) other groups or individuals that the the objectives of the Federal cybersecurity search and Development Act (15 U.S.C. research and development plan under sub- Secretary of Commerce, Director of the Na- 7403(b)) is amended— section (a) no later than 2 years after the re- tional Science Foundation, and Secretary of (1) in paragraph (3), by striking ‘‘the re- view under paragraph (1) of this subsection, Homeland Security determine appropriate. search areas’’ and inserting the following: (c) AFFILIATION AND COOPERATIVE AGREE- and periodically thereafter. ‘‘improving the security and resiliency of in- MENTS.—Competitions and challenges under (d) COORDINATION WITH OTHER RESEARCH this section may be carried out through af- INITIATIVES.—In accordance with the respon- formation infrastructure, reducing cyber filiation and cooperative agreements with— sibilities under section 101 of the High-Per- vulnerabilities, and anticipating and miti- formance Computing Act of 1991 (15 U.S.C. gating consequences of cyber attacks on crit- (1) Federal agencies; 5511), the Director the Office of Science and ical infrastructure, by conducting research (2) regional, State, or school programs sup- Technology Policy shall coordinate, to the in the areas’’; porting the development of cyber profes- extent practicable, Federal research and de- (2) by striking ‘‘the center’’ in paragraph sionals; velopment activities under this section with (4)(D) and inserting ‘‘the Center’’; and (3) State, local, and tribal governments; or other ongoing research and development se- (3) in paragraph (5)— (4) other private sector organizations. (d) AREAS OF SKILL.—Competitions and curity-related initiatives, including research (A) by striking ‘‘and’’ at the end of sub- challenges under subsection (a)(1)(A) shall be being conducted by— paragraph (C); designed to identify, develop, and recruit ex- (1) the National Science Foundation; (B) by striking the period at the end of ceptional talent relating to— (2) the National Institute of Standards and subparagraph (D) and inserting a semicolon; (1) ethical hacking; Technology; and (2) penetration testing; (3) the Department of Homeland Security; (C) by adding at the end the following: (3) vulnerability assessment; (4) other Federal agencies; ‘‘(E) the demonstrated capability of the ap- (4) continuity of system operations; (5) other Federal and private research lab- plicant to conduct high performance com- (5) security in design; oratories, research entities, and universities; putation integral to complex computer and (6) cyber forensics; (6) institutions of higher education; network security research, through on-site (7) offensive and defensive cyber oper- (7) relevant nonprofit organizations; and or off-site computing; ations; and (8) international partners of the United ‘‘(F) the applicant’s affiliation with pri- (8) other areas the Secretary of Commerce, States. vate sector entities involved with industrial Director of the National Science Foundation, (e) NATIONAL SCIENCE FOUNDATION COM- research described in subsection (a)(1); and Secretary of Homeland Security con- PUTER AND NETWORK SECURITY RESEARCH ‘‘(G) the capability of the applicant to con- sider necessary to fulfill the cybersecurity GRANT AREAS.—Section 4(a)(1) of the Cyber mission. Security Research and Development Act (15 duct research in a secure environment; (e) TOPICS.—In selecting topics for com- U.S.C. 7403(a)(1)) is amended— ‘‘(H) the applicant’s affiliation with exist- ing research programs of the Federal Gov- petitions and challenges under subsection (1) in subparagraph (H), by striking ‘‘and’’ (a)(1), the Secretary of Commerce, Director at the end; ernment; ‘‘(I) the applicant’s experience managing of the National Science Foundation, and Sec- (2) in subparagraph (I), by striking the pe- retary of Homeland Security— public-private partnerships to transition new riod at the end and inserting a semicolon; (1) shall consult widely both within and technologies into a commercial setting or and outside the Federal Government; and the government user community; (3) by adding at the end the following: (2) may empanel advisory committees. ‘‘(J) secure fundamental protocols that are ‘‘(J) the capability of the applicant to con- (f) INTERNSHIPS.—The Director of the Office integral to inter-network communications duct interdisciplinary cybersecurity re- of Personnel Management may support, as and data exchange; search, basic and applied, such as in law, eco- appropriate, internships or other work expe- ‘‘(K) secure software engineering and soft- nomics, or behavioral sciences; and rience in the Federal Government to the ware assurance, including— ‘‘(K) the capability of the applicant to con- winners of the competitions and challenges ‘‘(i) programming languages and systems duct research in areas such as systems secu- under this section. that include fundamental security features; rity, wireless security, networking and pro- SEC. ll32. FEDERAL CYBER SCHOLARSHIP-FOR- ‘‘(ii) portable or reusable code that re- tocols, formal methods and high-perform- SERVICE PROGRAM. mains secure when deployed in various envi- ance computing, nanotechnology, or indus- (a) IN GENERAL.—The Director of the Na- ronments; trial control systems.’’. tional Science Foundation, in coordination

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.041 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8472 CONGRESSIONAL RECORD — SENATE November 21, 2013 with the Director of the Office of Personnel with the Director of the Office of Personnel (2) recommendations for further research Management and Secretary of Homeland Se- Management and Secretary of Homeland Se- and the improvement of information infra- curity, shall continue a Federal Cyber Schol- curity. structure and cybersecurity education, ac- arship-for-Service program to recruit and (h) EVALUATION AND REPORT.—The Director creditation, training, and certification pro- train the next generation of information of the National Science Foundation shall grams. technology professionals, industrial control evaluate and report periodically to Congress Subtitle D—Cybersecurity Awareness and system security professionals, and security on the success of recruiting individuals for Preparedness managers to meet the needs of the cyberse- scholarships under this section and on hiring curity mission for Federal, State, local, and and retaining those individuals in the public SEC. ll41. NATIONAL CYBERSECURITY AWARE- tribal governments. sector workforce. NESS AND PREPAREDNESS CAM- (b) PROGRAM DESCRIPTION AND COMPO- SEC. ll33. STUDY AND ANALYSIS OF EDU- PAIGN. NENTS.—The Federal Cyber Scholarship-for- CATION, ACCREDITATION, TRAIN- (a) NATIONAL CYBERSECURITY AWARENESS Service program shall— ING, AND CERTIFICATION OF INFOR- AND PREPAREDNESS CAMPAIGN.—The Director (1) provide scholarships to students who MATION INFRASTRUCTURE AND CY- of the National Institute of Standards and BERSECURITY PROFESSIONALS. are enrolled in programs of study at institu- Technology (referred to in this section as the (a) STUDY.—The Director of the National tions of higher education leading to degrees Science Foundation, the Director of the Of- ‘‘Director’’), in consultation with appro- or specialized program certifications in the fice of Personnel Management, and the Sec- priate Federal agencies, shall continue to co- cybersecurity field; retary of Homeland Security shall undertake ordinate a national cybersecurity awareness (2) provide the scholarship recipients with to enter into appropriate arrangements with and preparedness campaign, such as— summer internship opportunities or other the National Academy of Sciences to con- (1) a campaign to increase public aware- meaningful temporary appointments in the duct a comprehensive study of government, ness of cybersecurity, cyber safety, and Federal information technology workforce; academic, and private-sector education, ac- cyber ethics, including the use of the Inter- and creditation, training, and certification pro- net, social media, entertainment, and other (3) provide a procedure by which the Na- grams for the development of professionals media to reach the public; tional Science Foundation or a Federal agen- in information infrastructure and cybersecu- (2) a campaign to increase the under- cy, consistent with regulations of the Office rity. The agreement shall require the Na- standing of State and local governments, in- of Personnel Management, may request and tional Academy of Sciences to consult with stitutions of higher education, and private fund security clearances for scholarship re- sector coordinating councils and relevant sector entities of— cipients, including providing for clearances governmental agencies, regulatory entities, (A) the benefits of ensuring effective risk during internships or other temporary ap- and nongovernmental organizations in the management of the information infrastruc- pointments and after receipt of their de- course of the study. ture versus the costs of failure to do so; and grees. (b) SCOPE.—The study shall include— (B) the methods to mitigate and remediate (c) SCHOLARSHIP AMOUNTS.—Each scholar- (1) an evaluation of the body of knowledge vulnerabilities; ship under subsection (b) shall be in an and various skills that specific categories of (3) support for formal cybersecurity edu- amount that covers the student’s tuition and professionals in information infrastructure cation programs at all education levels to fees at the institution under subsection (b)(1) and cybersecurity should possess in order to prepare skilled cybersecurity and computer and provides the student with an additional secure information systems; science workers for the private sector and stipend. (2) an assessment of whether existing gov- Federal, State, and local government; and (d) SCHOLARSHIP CONDITIONS.—Each schol- ernment, academic, and private-sector edu- (4) initiatives to evaluate and forecast fu- arship recipient, as a condition of receiving a cation, accreditation, training, and certifi- ture cybersecurity workforce needs of the scholarship under the program, shall enter cation programs provide the body of knowl- Federal government and develop strategies into an agreement under which the recipient edge and various skills described in para- for recruitment, training, and retention. agrees to work in the cybersecurity mission graph (1); (b) CONSIDERATIONS.—In carrying out the of a Federal, State, local, or tribal agency (3) an evaluation of— authority described in subsection (a), the Di- for a period equal to the length of the schol- (A) the state of cybersecurity education at rector, in consultation with appropriate Fed- arship following receipt of the student’s de- institutions of higher education in the eral agencies, shall leverage existing pro- gree. United States; grams designed to inform the public of safety (e) HIRING AUTHORITY.— (B) the extent of professional development and security of products or services, includ- (1) APPOINTMENT IN EXCEPTED SERVICE.— opportunities for faculty in cybersecurity ing self-certifications and independently Notwithstanding any provision of chapter 33 principles and practices; verified assessments regarding the quan- of title 5, United States Code, governing ap- (C) the extent of the partnerships and col- tification and valuation of information secu- pointments in the competitive service, an laborative cybersecurity curriculum develop- rity risk. agency shall appoint in the excepted service ment activities that leverage industry and (c) STRATEGIC PLAN.—The Director, in co- an individual who has completed the aca- government needs, resources, and tools; operation with relevant Federal agencies and demic program for which a scholarship was (D) the proposed metrics to assess progress other stakeholders, shall build upon pro- awarded. toward improving cybersecurity education; grams and plans in effect as of the date of (2) NONCOMPETITIVE CONVERSION.—Except and enactment of this Act to develop and imple- as provided in paragraph (4), upon fulfill- (E) the descriptions of the content of cy- ment a strategic plan to guide Federal pro- ment of the service term, an employee ap- bersecurity courses in undergraduate com- grams and activities in support of the na- pointed under paragraph (1) may be con- puter science curriculum; tional cybersecurity awareness and prepared- verted noncompetitively to term, career-con- (4) an analysis of any barriers to the Fed- ness campaign under subsection (a). ditional or career appointment. eral Government recruiting and hiring cy- (3) TIMING OF CONVERSION.—An agency may bersecurity talent, including barriers relat- (d) REPORT.—Not later than 1 year after noncompetitively convert a term employee ing to compensation, the hiring process, job the date of enactment of this Act, and every appointed under paragraph (2) to a career- classification, and hiring flexibility; and 5 years thereafter, the Director shall trans- conditional or career appointment before the (5) an analysis of the sources and avail- mit the strategic plan under subsection (c) term appointment expires. ability of cybersecurity talent, a comparison to the Committee on Commerce, Science, (4) AUTHORITY TO DECLINE CONVERSION.—An of the skills and expertise sought by the Fed- and Transportation of the Senate and the agency may decline to make the non- eral Government and the private sector, an Committee on Science, Space, and Tech- competitive conversion or appointment examination of the current and future capac- nology of the House of Representatives. under paragraph (2) for cause. ity of United States institutions of higher (f) ELIGIBILITY.—To be eligible to receive a education, including community colleges, to SA 2445. Mr. BENNET (for himself, scholarship under this section, an individual provide current and future cybersecurity Mr. COBURN, Mr. CARPER, and Ms. shall— professionals, through education and train- AYOTTE) submitted an amendment in- (1) be a citizen or lawful permanent resi- ing activities, with those skills sought by tended to be proposed by him to the dent of the United States; the Federal Government, State and local en- bill S. 1197, to authorize appropriations (2) demonstrate a commitment to a career tities, and the private sector. in improving the security of information in- (c) REPORT.—Not later than 1 year after for fiscal year 2014 for military activi- frastructure; and the date of enactment of this Act, the Na- ties of the Department of Defense, for (3) have demonstrated a high level of pro- tional Academy of Sciences shall submit to military construction, and for defense ficiency in mathematics, engineering, or the President and Congress a report on the activities of the Department of Energy, computer sciences. results of the study. The report shall in- to prescribe military personnel (g) REPAYMENT.—If a scholarship recipient clude— strengths for such fiscal year, and for does not meet the terms of the program (1) findings regarding the state of informa- other purposes; which was ordered to under this section, the recipient shall refund tion infrastructure and cybersecurity edu- the scholarship payments in accordance with cation, accreditation, training, and certifi- lie on the table; as follows: rules established by the Director of the Na- cation programs, including specific areas of On page 93, strike lines 17 through 19, and tional Science Foundation, in coordination deficiency and demonstrable progress; and insert the following:

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SEC. 334. FEDERAL DATA CENTER CONSOLIDA- data center consolidation and optimization (F) RULE OF CONSTRUCTION.—Nothing in TION. and life cycle cost savings and other im- this section shall be construed to limit the (a) SHORT TITLE.—This section may be provements, with an emphasis on— reporting of information by a covered agency cited as the ‘‘Data Center Consolidation Act (aa) meeting the Government-wide data to the Administrator, the Director of the Of- of 2013’’. center consolidation and optimization fice of Management and Budget, or Congress. (b) DEFINITIONS.—In this section: metrics; and (2) ADMINISTRATOR RESPONSIBILITIES.—The (1) ADMINISTRATOR.—The term ‘‘Adminis- (bb) demonstrating the amount of agency- Administrator shall— trator’’ means the Administrator for the Of- specific cost savings each fiscal year (A) establish the deadline, on an annual fice of E-Government and Information Tech- achieved through the FDCCI; and basis, for covered agencies to submit infor- nology within the Office of Management and mation under this section; Budget. (IV) any additional information required by the Administrator. (B) establish a list of requirements that (2) COVERED AGENCY.—The term ‘‘covered agency’’ means the following (including all (B) USE OF OTHER REPORTING STRUCTURES.— the covered agencies must meet to be consid- associated components of the agency): The Administrator may require a covered ered in compliance with paragraph (1); (A) Department of Agriculture; agency to include the information required (C) ensure that information relating to (B) Department of Commerce; to be submitted under this subsection agency progress towards meeting the Gov- (C) Department of Defense; through reporting structures determined by ernment-wide data center consolidation and (D) Department of Education; the Administrator to be appropriate. optimization metrics is made available in a (E) Department of Energy; (C) DEPARTMENT OF DEFENSE REPORTING.— timely manner to the general public; (F) Department of Health and Human Serv- For any year that the Department of Defense (D) review the inventories and strategies ices; is required to submit a performance plan for submitted under paragraph (1) to determine (G) Department of Homeland Security; reduction of resources required for data serv- whether they are comprehensive and com- (H) Department of Housing and Urban De- ers and centers, as required under section plete; velopment; 2867(b) of the National Defense Authorization (E) monitor the implementation of the (I) Department of the Interior; Act for Fiscal Year 2012 (10 U.S.C. 2223a data center strategy of each covered agency (J) Department of Justice; note), the Department of Defense— that is required under paragraph (1)(A)(ii); (K) Department of Labor; (i) may submit to the Administrator, in (F) update, on an annual basis, the cumu- (L) Department of State; lieu of the multi-year strategy required lative cost savings realized through the im- (M) Department of Transportation; under subparagraph (A)(ii)— plementation of the FDCCI; and (N) Department of Treasury; (I) the defense-wide plan required under (G) establish metrics applicable to the con- (O) Department of Veterans Affairs; section 2867(b)(2) of the National Defense Au- solidation and optimization of data centers (P) Environmental Protection Agency; thorization Act for Fiscal Year 2012 (10 Government-wide, including metrics with re- (Q) General Services Administration; U.S.C. 2223a note); and spect to— (R) National Aeronautics and Space Ad- (II) the report on cost savings required (i) costs; ministration; under section 2867(d) of the National Defense (ii) efficiencies, including at least server (S) National Science Foundation; Authorization Act for Fiscal Year 2012 (10 efficiency; and (T) Nuclear Regulatory Commission; U.S.C. 2223a note); and (iii) any other metrics the Administrator (U) Office of Personnel Management; (ii) shall submit the comprehensive inven- establishes under this subparagraph. (V) Small Business Administration; tory required under subparagraph (A)(i), un- (3) COST SAVING GOAL AND UPDATES FOR CON- (W) Social Security Administration; and less the defense-wide plan required under GRESS.— (X) United States Agency for International section 2867(b)(2) of the National Defense Au- (A) IN GENERAL.—Not later than 1 year Development. thorization Act for Fiscal Year 2012 (10 after the date of enactment of this Act, the (3) FDCCI.—The term ‘‘FDCCI’’ means the U.S.C. 2223a note)— Administrator shall develop, and make pub- Federal Data Center Consolidation Initiative (I) contains a comparable comprehensive lically available, a goal, broken down by described in the Office of Management and inventory; and year, for the amount of planned cost savings Budget Memorandum on the Federal Data (II) is submitted under clause (i). and optimization improvements achieved Center Consolidation Initiative, dated Feb- (D) STATEMENT.—Beginning in the first fis- through the FDCCI during the period begin- ruary 26, 2010, or any successor thereto. cal year after the date of enactment of this ning on the date of enactment of this Act (4) GOVERNMENT-WIDE DATA CENTER CON- Act and each fiscal year thereafter, the head and ending on the date described in sub- SOLIDATION AND OPTIMIZATION METRICS.—The of each covered agency, acting through the section (f). term ‘‘Government-wide data center consoli- Chief Information Officer of the agency, (B) ANNUAL UPDATE.— dation and optimization metrics’’ means the shall— (i) IN GENERAL.—Not later than 1 year after metrics established by the Administrator (i)(I) submit a statement to the Adminis- the date on which the goal described in sub- under subsection (c)(2)(G). trator stating whether the agency has com- paragraph (A) is made publically available, (c) FEDERAL DATA CENTER CONSOLIDATION plied with the requirements of this section; and each year thereafter, the Administrator INVENTORIES AND STRATEGIES.— and shall aggregate the reported cost savings of (1) IN GENERAL.— (II) make the statement submitted under each covered agency and optimization im- (A) ANNUAL REPORTING.—Except as pro- subclause (I) publically available; and provements achieved to date through the vided in subparagraph (C), beginning in the (ii) if the agency has not complied with the FDCCI and compare the savings to the pro- first fiscal year after the date of enactment requirements of this section, submit a state- jected cost savings and optimization im- of this Act and each fiscal year thereafter, ment to the Administrator explaining the provements developed under subparagraph the head of each covered agency, assisted by reasons for not complying with such require- (A). the Chief Information Officer of the agency, ments. (ii) UPDATE FOR CONGRESS.—The goal re- shall submit to the Administrator— (E) AGENCY IMPLEMENTATION OF STRATE- quired to be developed under subparagraph (i) a comprehensive inventory of the data GIES.— (A) shall be submitted to Congress and shall centers owned, operated, or maintained by or (i) IN GENERAL.—Each covered agency, be accompanied by a statement describing— on behalf of the agency; and under the direction of the Chief Information (I) whether each covered agency has in fact (ii) a multi-year strategy to achieve the Officer of the agency, shall— submitted a comprehensive asset inventory, consolidation and optimization of the data (I) implement the strategy required under including an assessment broken down by centers inventoried under clause (i), that in- subparagraph (A)(ii); and agency, which shall include the specific cludes— (II) provide updates to the Administrator, numbers, utilization, and efficiency level of (I) performance metrics— on a quarterly basis, of — data centers; and (aa) that are consistent with the Govern- (aa) the completion of activities by the (II) whether each covered agency has sub- ment-wide data center consolidation and op- agency under the FDCCI; mitted a comprehensive consolidation strat- timization metrics; and (bb) any progress of the agency towards egy with the key elements described in para- (bb) by which the quantitative and quali- meeting the Government-wide data center graph (1)(A)(ii). tative progress of the agency toward the consolidation and optimization metrics; and (4) GAO REVIEW.— goals of the FDCCI can be measured; (cc) the actual cost savings and other im- (A) IN GENERAL.—Not later than 1 year (II) a timeline for agency activities to be provements realized through the implemen- after the date of enactment of this Act, and completed under the FDCCI, with an empha- tation of the strategy of the agency. each year thereafter, the Comptroller Gen- sis on benchmarks the agency can achieve by (ii) DEPARTMENT OF DEFENSE.—For pur- eral of the United States shall review and specific dates; poses of clause (i)(I), implementation of the verify the quality and completeness of the (III) year-by-year calculations of invest- defense-wide plan required under section asset inventory and strategy of each covered ment and cost savings for the period begin- 2867(b)(2) of the National Defense Authoriza- agency required under paragraph (1)(A). ning on the date of enactment of this Act tion Act for Fiscal Year 2012 (10 U.S.C. 2223a (B) REPORT.—The Comptroller General of and ending on the date described in sub- note) by the Department of Defense shall be the United States shall, on an annual basis, section (f), broken down by each year, in- considered implementation of the strategy publish a report on each review conducted cluding a description of any initial costs for required under subparagraph (A)(ii). under subparagraph (A).

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.042 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8474 CONGRESSIONAL RECORD — SENATE November 21, 2013 (d) ENSURING CYBERSECURITY STANDARDS for fiscal year 2014 for military activi- military activities of the Department FOR DATA CENTER CONSOLIDATION AND CLOUD ties of the Department of Defense, for of Defense, for military construction, COMPUTING.— military construction, and for defense and for defense activities of the De- (1) IN GENERAL.—In implementing a data activities of the Department of Energy, partment of Energy, to prescribe mili- center consolidation and optimization strat- egy under this section, a covered agency to prescribe military personnel tary personnel strengths for such fiscal shall do so in a manner that is consistent strengths for such fiscal year, and for year, and for other purposes; which was with Federal guidelines on cloud computing other purposes; which was ordered to ordered to lie on the table; as follows: security, including— lie on the table; as follows: At the end of subtitle E of title I, add the (A) applicable provisions found within the At the end of subtitle C of title X, add the following: Federal Risk and Authorization Management following: SEC. 153. PROCUREMENT OF PERSONAL PROTEC- Program (FedRAMP); and SEC. 1025. TRANSFER OF NAVAL VESSELS TO TIVE EQUIPMENT. (B) guidance published by the National In- CERTAIN FOREIGN RECIPIENTS. (a) PROHIBITION ON USE OF CERTAIN SOURCE stitute of Standards and Technology. (a) TRANSFERS BY GRANT.—The President is SELECTION MECHANISMS FOR CERTAIN ITEMS.— (2) RULE OF CONSTRUCTION.—Nothing in this authorized to transfer vessels to foreign The Department of Defense may not use a re- section shall be construed to limit the abil- countries on a grant basis under section 516 verse auction or lowest price–technically ac- ity of the Director of the Office of Manage- of the Foreign Assistance Act of 1961 (22 ceptable (LPTA) source selection process or ment and Budget to update or modify the U.S.C. 2321j), as follows: technique to procure an item of personal pro- Federal guidelines on cloud computing secu- (1) MEXICO.—To the Government of Mexico, tective equipment (PPE) if the item was de- rity. the OLIVER HAZARD PERRY class guided signed to or modified to meet a specific mili- (e) WAIVER OF DISCLOSURE REQUIRE- missile frigates USS CURTS (FFG–38) and tary requirement. MENTS.—The Director of National Intel- USS MCCLUSKY (FFG–41). (b) INTERAGENCY PROCUREMENT.—The re- ligence may waive the applicability to any (2) THAILAND.—To the Government of Thai- quirements of this section shall apply to any element (or component of an element) of the land, the OLIVER HAZARD PERRY class department or agency of the United States intelligence community of any provision of guided missile frigates USS RENTZ (FFG–46) that procures clothing and individual equip- this section if the Director of National Intel- and USS VANDEGRIFT (FFG–48). ment on behalf of the Department of De- ligence determines that such waiver is in the (b) TRANSFER BY SALE.—The President is fense. interest of national security. Not later than authorized to transfer the OLIVER HAZARD (c) DEFINITIONS.—In this section: 30 days after making a waiver under this PERRY class guided missile frigates USS (1) The term ‘‘personal protective equip- subsection, the Director of National Intel- TAYLOR (FFG–50), USS GARY (FFG–51), ment’’ means the following: ligence shall submit to the Committee on USS CARR (FFG–52), and USS ELROD (FFG– (A) Body armor components. Homeland Security and Governmental Af- 55) to the Taipei Economic and Cultural Rep- (B) Combat helmets. fairs and the Select Committee on Intel- resentative Office of the United States (C) Combat protective eyewear. ligence of the Senate and the Committee on (which is the Taiwan instrumentality des- (D) Environmental and fire resistant cloth- Oversight and Government Reform and the ignated pursuant to section 10(a) of the Tai- ing. Permanent Select Committee on Intelligence wan Relations Act (22 U.S.C. 3309(a))) on a (E) Footwear. of the House of Representatives a statement sale basis under section 21 of the Arms Ex- (F) Organizational clothing and individual describing the waiver and the reasons for the port Control Act (22 U.S.C. 2761). equipment. waiver. (c) ALTERNATIVE TRANSFER AUTHORITY.— (G) Such other items as the Secretary of (f) SUNSET.—This section is repealed effec- Notwithstanding the authority provided in Defense shall designate for purposes of this tive on October 1, 2018. subsections (a) and (b) to transfer specific section. SEC. 335. MODIFICATION OF ANNUAL CORROSION vessels to specific countries, the President is (2) The term ‘‘reverse auction’’ means, CONTROL AND PREVENTION RE- authorized, subject to the same conditions with respect to procurement by the Depart- PORTING REQUIREMENTS. that would apply for such country under this ment of Defense, a real-time auction on the Act, to transfer any vessel named in this Act Internet between a group of offerors who SA 2446. Mr. CHAMBLISS (for him- to any country named in this Act such that compete against each other by submitting self and Mr. INHOFE) submitted an the total number of vessels transferred to bids for a contract or task or delivery order amendment intended to be proposed by such country does not exceed the total num- with the ability to submit revised bids him to the bill S. 1197, to authorize ap- ber of vessels authorized for transfer to such throughout course of the auction, and the propriations for fiscal year 2014 for country by this Act. award being made to the offeror who submits military activities of the Department (d) GRANTS NOT COUNTED IN ANNUAL TOTAL the lowest bid. of Defense, for military construction, OF TRANSFERRED EXCESS DEFENSE ARTI- CLES.—The value of a vessel transferred to SA 2449. Mr. GRAHAM submitted an and for defense activities of the De- another country on a grant basis pursuant to amendment intended to be proposed by partment of Energy, to prescribe mili- authority provided by subsection (a) or (c) him to the bill S. 1197, to authorize ap- tary personnel strengths for such fiscal shall not be counted against the aggregate propriations for fiscal year 2014 for year, and for other purposes; which was value of excess defense articles transferred military activities of the Department ordered to lie on the table; as follows: in any fiscal year under section 516 of the of Defense, for military construction, At the end of subtitle D of title V, add the Foreign Assistance Act of 1961 (22 U.S.C. and for defense activities of the De- 2321j). following: partment of Energy, to prescribe mili- SEC. 529. SENSE OF SENATE ON FUNDING FOR (e) COSTS OF TRANSFERS.—Any expense in- THE UNITED STATES NAVAL SEA curred by the United States in connection tary personnel strengths for such fiscal CADET CORPS. with a transfer authorized by this section year, and for other purposes; which was (a) FINDINGS.—The Senate makes the fol- shall be charged to the recipient notwith- ordered to lie on the table; as follows: lowing findings: standing section 516(e) of the Foreign Assist- At the end of subtitle E of title I, add the (1) The United States Naval Sea Cadet ance Act of 1961 (22 U.S.C. 2321j(e)). following: (f) REPAIR AND REFURBISHMENT IN UNITED Corps, chartered by Congress in 1962, focuses SEC. 153. PERSONAL PROTECTION EQUIPMENT on the development of youth ages 11 through STATES SHIPYARDS.—To the maximum extent PROCUREMENT. 17, and has trained more than 150,000 young practicable, the President shall require, as a (a) FUNDS AVAILABLE FOR PROCUREMENT.— Americans since its creation. condition of the transfer of a vessel under Personal protection equipment may be pro- (2) The United States Naval Sea Cadet this section, that the recipient to which the cured using funds authorized to be appro- Corps directly enhances the primary recruit- vessel is transferred have such repair or re- priated by this Act only using the funds as ing goal of the Navy of ensuring awareness of furbishment of the vessel as is needed, before follows: the Navy and its mission. the vessel joins the naval forces of that re- (1) Amounts authorized to be appropriated (3) The Navy has not increased funding for cipient, performed at a shipyard located in by section 101 and available for procurement the United States Naval Sea Cadet Corps the United States, including a United States as specified in the funding table in section since fiscal year 2006. Navy shipyard. 4101. (b) SENSE OF SENATE.—It is the sense of the (g) EXPIRATION OF AUTHORITY.—The au- (2) Amounts authorized to be appropriated Senate that, in the absence of sequestration, thority to transfer a vessel under this sec- by section 1502 and available for procure- the Secretary of the Navy should fully fund tion shall expire at the end of the 3-year pe- ment for overseas contingency operations as the United States Naval Sea Cadet Corps riod beginning on the date of the enactment specified in the funding table in section 4102. during fiscal year 2014. of this Act. (b) PROCUREMENT LINE ITEM.—In the budg- et materials submitted to the President by SA 2447. Mr. COATS (for himself and SA 2448. Mr. GRAHAM submitted an the Secretary of Defense in connection with Mr. RUBIO) submitted an amendment amendment intended to be proposed by the submittal to Congress, pursuant to sec- intended to be proposed by him to the him to the bill S. 1197, to authorize ap- tion 1105 of title 31, United States Code, of bill S. 1197, to authorize appropriations propriations for fiscal year 2014 for the budget for each fiscal year after fiscal

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.042 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8475 year 2014, the Secretary shall ensure that him to the bill S. 1197, to authorize ap- ductions with the Russian Federation, below within each military department procure- propriations for fiscal year 2014 for the levels of the New START Treaty, such ment account, a separate, dedicated procure- military activities of the Department reductions— (1) should be pursued through mutual nego- ment line item is designated for personal of Defense, for military construction, protection equipment. tiated agreement with the Russian Federa- (c) PERSONAL PROTECTION EQUIPMENT DE- and for defense activities of the De- tion; FINED.—In this section, the term ‘‘personal partment of Energy, to prescribe mili- (2) should be verifiable; protection equipment’’ means the following: tary personnel strengths for such fiscal (3) should be made pursuant to the treaty- (1) Body armor components. year, and for other purposes; which was making power of the President as set forth (2) Combat helmets. ordered to lie on the table; as follows: in Article II, section 2, clause 2 of the Con- (3) Combat protective eyewear. At the end of subtitle H of title X, add the stitution of the United States; and (4) Environmental and fire resistant cloth- following: (4) should take into account the full range ing. of nuclear weapons capabilities that threat- (5) Organizational clothing and individual SEC. 1082. LIMITATION ON USE OF FUNDS TO CARRY OUT CERTAIN FOREIGN IN- en the United States, its forward-deployed equipment. TELLIGENCE SURVEILLANCE COURT forces, and its allies, including non-strategic (6) Any other items designated by the Sec- ORDERS. nuclear weapons. retary for purposes of this paragraph. (a) IN GENERAL.—None of the funds made available by this Act may be used to carry SA 2454. Mr. TOOMEY submitted an SA 2450. Mr. GRAHAM submitted an out an order of the Foreign Intelligence Sur- amendment intended to be proposed by amendment intended to be proposed by veillance Court issued pursuant to section him to the bill S. 1197, to authorize ap- him to the bill S. 1197, to authorize ap- 501 of the Foreign Intelligence Surveillance propriations for fiscal year 2014 for propriations for fiscal year 2014 for Act of 1978 (50 U.S.C. 1861) unless such order military activities of the Department military activities of the Department includes the following sentence: ‘‘This Order of Defense, for military construction, of Defense, for military construction, limits the collection of any tangible things and for defense activities of the De- and for defense activities of the De- (including telephone numbers dialed, tele- partment of Energy, to prescribe mili- phone numbers of incoming calls, and the du- tary personnel strengths for such fiscal partment of Energy, to prescribe mili- ration of calls) authorized to be collected tary personnel strengths for such fiscal pursuant to this Order to those tangible year, and for other purposes; which was year, and for other purposes; which was things that pertain to a person who is the ordered to lie on the table; as follows: ordered to lie on the table; as follows: subject of an investigation described in sec- At the end of subtitle A of title XII, add At the end of subtitle D of title VIII, add tion 501 of the Foreign Intelligence Surveil- the following: the following: lance Act of 1978 (50 U.S.C. 1861).’’. SEC. 1208. SENSE OF CONGRESS ON SUPPORT TO (b) FOREIGN INTELLIGENCE SURVEILLANCE ISRAEL TO ADDRESS IRANIAN AND SEC. 864. PERSONAL PROTECTION EQUIPMENT SYRIAN THREATS. COURT DEFINED.—In this section, the term INDUSTRIAL BASE MATTERS. It is the sense of Congress that— (a) STUDY ON COMPETITION AND INNOVATION ‘‘Foreign Intelligence Surveillance Court’’ means the court established under section (1) the United States should ensure that IN PERSONAL PROTECTION EQUIPMENT INDUS- Israel, as a critical United States ally, is TRIAL BASE.— 103(a) of the Foreign Intelligence Surveil- lance Act of 1978 (50 U.S.C. 1803(a)). able to adequately address an existential Ira- (1) IN GENERAL.—Not later than 30 days nian nuclear threat, and the Secretary of De- after the date of the enactment of this Act, fense should seek related opportunities for the Secretary of Defense shall enter into a SA 2452. Mr. ENZI submitted an amendment intended to be proposed by defense cooperation and partnership on mili- contract with a federally funded research tary capabilities where appropriate; and and development center to conduct a study him to the bill S. 1197, to authorize ap- (2) the delivery of the S-300 air defense sys- to identify and assess alternative and effec- propriations for fiscal year 2014 for tem to Syria would pose a grave risk to tive means for stimulating competition and military activities of the Department Israel, and the United States supports innovation in the personal protection equip- of Defense, for military construction, Israel’s right to respond to this grave threat ment industrial base. and for defense activities of the De- as needed. (2) REPORT ON STUDY.—Not later than 180 days after the date of the enactment of this partment of Energy, to prescribe mili- tary personnel strengths for such fiscal SA 2455. Mr. TOOMEY submitted an Act, the federally funded research and devel- amendment intended to be proposed by year, and for other purposes; which was opment center conducting the study pursu- him to the bill S. 1197, to authorize ap- ant to paragraph (1) shall submit to the Sec- ordered to lie on the table; as follows: retary the study, including any findings and propriations for fiscal year 2014 for At the end of subtitle H of title X, add the military activities of the Department recommendations. following: (b) REPORT TO CONGRESS.— of Defense, for military construction, SEC. 1082. PROTECTION OF CONSUMER PRIVACY. (1) IN GENERAL.—Not later than 270 days and for defense activities of the De- Section 1027 of the Consumer Financial after the date of the enactment of this Act, Protection Act of 2010 (12 U.S.C. 5517) is partment of Energy, to prescribe mili- the Secretary shall submit to the congres- amended by adding at the end the following: tary personnel strengths for such fiscal sional defense committees a report on the ‘‘(t) CONSUMER PRIVACY.—Notwithstanding year, and for other purposes; which was study conducted pursuant to subsection any other provision of this Act, any provi- ordered to lie on the table; as follows: (a)(1). sion of the enumerated consumer laws, or At the end of subtitle H of title X, add the (2) ELEMENTS.—The report under paragraph any other provision of Federal law, the Bu- following: (1) shall include the following: reau may not investigate an individual (A) The study, findings, and recommenda- SEC. 1082. DEPARTMENT OF VETERANS AFFAIRS transaction to which a consumer is a party STUDY ON MATTERS RELATING TO tions submitted to the Secretary pursuant to without the written permission of the con- CLAIMING AND INTERRING UN- subsection (a)(2). sumer.’’. CLAIMED REMAINS OF VETERANS. (B) An assessment of current and future (a) STUDY AND REPORT REQUIRED.—Not technologies that could markedly improve SA 2453. Mr. LEE (for himself, Mrs. later than one year after the date of the en- body armor, including by decreasing weight, actment of this Act, the Secretary of Vet- FISCHER, and Mr. RUBIO) submitted an increasing survivability, and making other erans Affairs shall— relevant improvements. amendment intended to be proposed by (1) complete a study on matters relating to (C) An analysis of the capability of the per- him to the bill S. 1197, to authorize ap- the identification, claiming, and interring of sonal protection equipment industrial base propriations for fiscal year 2014 for unclaimed remains of veterans; and to leverage such technologies to produce the military activities of the Department (2) submit to Congress a report on the find- next generation body armor. of Defense, for military construction, ings of the Secretary with respect to the (D) An assessment of alternative body and for defense activities of the De- study required under paragraph (1). armor acquisition models, including dif- partment of Energy, to prescribe mili- (b) MATTERS STUDIED.—The matters stud- ferent types of contracting and budgeting ied under subsection (a)(1) shall include the practices of the Department of Defense. tary personnel strengths for such fiscal following: (c) PERSONAL PROTECTION EQUIPMENT DE- year, and for other purposes; which was (1) Determining the scope of issues relating FINED.—In this section, the term ‘‘personal ordered to lie on the table; as follows: to unclaimed remains of veterans, including protection equipment’’ includes body armor, At the end of subtitle E of title X, add the an estimate of the number of unclaimed re- protective eyewear, environmental and fire following: mains of veterans on the day before the date resistant clothing systems, and other indi- SEC. 1046. SENSE OF CONGRESS ON FURTHER NU- of the enactment of this Act. vidual personal protection equipment. CLEAR ARMS REDUCTIONS WITH (2) Assessing the effectiveness of the proce- THE RUSSIAN FEDERATION. dures of the Department of Veterans Affairs SA 2451. Mr. ENZI submitted an It is the sense of Congress that, if the for claiming and interring unclaimed re- amendment intended to be proposed by United States seeks further nuclear arms re- mains of veterans.

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.043 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8476 CONGRESSIONAL RECORD — SENATE November 21, 2013 (3) Identifying and assessing State and is amended by adding after the item relating of Defense, for military construction, local laws that affect the ability of the Sec- to section 502 the following: and for defense activities of the De- retary to identify, claim, and inter un- ‘‘Sec. 503. Challenges to orders to produce partment of Energy, to prescribe mili- claimed remains of veterans. certain business records.’’. tary personnel strengths for such fiscal (4) Developing recommendations for such (b) CHALLENGES TO GOVERNMENT SURVEIL- legislative or administrative action as the LANCE TARGETING OF CERTAIN PERSONS OUT- year, and for other purposes; which was Secretary considers appropriate SIDE THE UNITED STATES.—Section 702 of the ordered to lie on the table; as follows: Foreign Intelligence Surveillance Act of 1978 At the end of subtitle H of title X, add the SA 2456. Mr. TOOMEY submitted an (50 U.S.C. 1881a) is amended by adding at the following: amendment intended to be proposed by end the following: SEC. 1082. NATIONAL DESERT STORM AND ‘‘(m) CHALLENGES TO GOVERNMENT SUR- him to the bill S. 1197, to authorize ap- DESERT SHIELD MEMORIAL. VEILLANCE.— (a) DEFINITIONS.—In this section: propriations for fiscal year 2014 for ‘‘(1) INJURY IN FACT.—In any claim in a (1) ASSOCIATION.—The term ‘‘Association’’ military activities of the Department civil action brought in a court of the United means the National Desert Storm Memorial of Defense, for military construction, States relating to surveillance conducted Association, a corporation that is— and for defense activities of the De- under this section, the person asserting the (A) organized under the laws of the State claim has suffered an injury in fact if the partment of Energy, to prescribe mili- of Arkansas; and person— tary personnel strengths for such fiscal (B)(i) described in section 501(c)(3) of the ‘‘(A) has a reasonable basis to believe that year, and for other purposes; which was Internal Revenue Code of 1986; and the person’s communications will be ac- ordered to lie on the table; as follows: (ii) exempt from taxation under 501(a) of quired under this section; and that Code. At the end of subtitle B of title IX, add the ‘‘(B) has taken objectively reasonable steps (2) MEMORIAL.—The term ‘‘memorial’’ following: to avoid surveillance under this section. means the National Desert Storm and Desert SEC. 935. REPORT ON RAND CORPORATION ‘‘(2) REASONABLE BASIS.—A person shall be Shield Memorial authorized to be established STUDY OF THE NATIONAL SECURITY presumed to have demonstrated a reasonable under subsection (b). IMPLICATIONS OF CONTINUING TO basis to believe that the communications of USE FOREIGN COMPONENT AND (b) AUTHORIZATION TO ESTABLISH COM- the person will be acquired under this sec- PROPULSION SYSTEMS FOR THE MEMORATIVE WORK.—The Association may tion if the profession of the person requires LAUNCH VEHICLES UNDER THE establish the National Desert Storm and the person regularly to communicate foreign EVOLVED EXPENDABLE LAUNCH VE- Desert Shield Memorial as a commemorative HICLE PROGRAM. intelligence information with persons who— work, on Federal land in the District of Co- The Comptroller General of the United ‘‘(A) are not United States persons; and lumbia to commemorate and honor the States shall submit to the congressional de- ‘‘(B) are located outside the United States. members of the Armed Forces that served on fense committees a report reviewing the re- ‘‘(3) OBJECTIVE STEPS.—A person shall be active duty in support of Operation Desert port prepared by the Rand Corporation pur- presumed to have taken objectively reason- Storm or Operation Desert Shield. suant to section 916 of the National Defense able steps to avoid surveillance under this (c) COMPLIANCE WITH STANDARDS FOR COM- Authorization Act for Fiscal Year 2013 (Pub- section if the person demonstrates that the MEMORATIVE WORKS ACT.—The establishment lic Law 112–239; 126 Stat. 1878). steps were taken in reasonable response to of the memorial under this section shall be rules of professional conduct or analogous in accordance with chapter 89 of title 40, Mr. PAUL submitted an professional rules. SA 2457. United States Code (commonly known as the ‘‘(n) APPEALS.— amendment intended to be proposed by ‘‘Commemorative Works Act’’). ‘‘(1) IN GENERAL.—A person who is subject him to the bill S. 1197, to authorize ap- (d) USE OF FEDERAL FUNDS PROHIBITED.— propriations for fiscal year 2014 for to an order issued under this section may ap- peal the order to a United States court of ap- (1) IN GENERAL.—Federal funds may not be military activities of the Department peals on the basis that the order violates the used to pay any expense of the establishment of Defense, for military construction, Constitution of the United States. of the memorial under this section. (2) RESPONSIBILITY OF ASSOCIATION.—The and for defense activities of the De- ‘‘(2) VENUE.—An appeal filed pursuant to partment of Energy, to prescribe mili- paragraph (1) may be filed— Association shall be solely responsible for tary personnel strengths for such fiscal ‘‘(A) in the United States court of appeals acceptance of contributions for, and pay- for a circuit embracing a judicial district in ment of the expenses of, the establishment of year, and for other purposes; which was the memorial. ordered to lie on the table; as follows: which venue would be proper for a civil ac- tion under section 1391 of title 28, United (e) DEPOSIT OF EXCESS FUNDS.—If, on pay- At the appropriate place, insert the fol- States Code; or ment of all expenses for the establishment of lowing: ‘‘(B) United States Court of Appeals for the the memorial (including the maintenance SEC. ll. CHALLENGES TO GOVERNMENT SUR- District of Columbia. and preservation amount required by section VEILLANCE. ‘‘(3) SUPREME COURT REVIEW.—A person 8906(b)(1) of title 40, United States Code), or (a) CHALLENGES TO ORDERS TO PRODUCE may seek a writ of certiorari from the Su- on expiration of the authority for the memo- CERTAIN BUSINESS RECORDS.— preme Court of the United States for review rial under section 8903(e) of title 40, United (1) IN GENERAL.—Title V of the Foreign In- of a decision of an appeal filed under para- States Code, there remains a balance of telligence Surveillance Act of 1978 (50 U.S.C. graph (1).’’. funds received for the establishment of the 1861) is amended by adding at the end the fol- memorial, the Association shall transmit the lowing: SA 2458. Mr. MCCAIN submitted an amount of the balance to the Secretary of ‘‘SEC. 503. CHALLENGES TO ORDERS TO amendment intended to be proposed by the Interior for deposit in the account pro- PRODUCE CERTAIN BUSINESS him to the bill S. 1197, to authorize ap- vided for in section 8906(b)(3) of title 40, RECORDS. United States Code. propriations for fiscal year 2014 for ‘‘(a) APPEAL.— ‘‘(1) IN GENERAL.—A person who is required military activities of the Department SA 2460. Mr. BOOZMAN (for himself, to produce any tangible thing pursuant to an of Defense, for military construction, Mr. MANCHIN, and Mr. MORAN) sub- order issued under section 501 may appeal and for defense activities of the De- mitted an amendment intended to be the order to a United States court of appeals partment of Energy, to prescribe mili- proposed by him to the bill S. 1197, to on the basis that the order violates the Con- tary personnel strengths for such fiscal stitution of the United States. authorize appropriations for fiscal year year, and for other purposes; which was 2014 for military activities of the De- ‘‘(2) VENUE.—An appeal filed pursuant to ordered to lie on the table; as follows: paragraph (1) may be filed— partment of Defense, for military con- ‘‘(A) in the United States court of appeals On page 398, between lines 14 and 15, insert struction, and for defense activities of for a circuit embracing a judicial district in the following: the Department of Energy, to prescribe (C) by adding at the end the following new which venue would be proper for a civil ac- military personnel strengths for such tion under section 1391 of title 28, United subsection: ‘‘(i) SUNSET.—All applications for special fiscal year, and for other purposes; States Code; or immigrant status under this section shall be which was ordered to lie on the table; ‘‘(B) United States Court of Appeals for the submitted on or before September 30, 2014.’’; District of Columbia. as follows: and ‘‘(b) SUPREME COURT REVIEW.—A person At the end of subtitle C of title V, add the following: may seek a writ of certiorari from the Su- SA 2459. Mr. BOOZMAN (for himself preme Court of the United States for review SEC. 514. CONTENTS OF TRANSITION ASSISTANCE and Mr. DONNELLY) submitted an of a decision of an appeal filed under sub- PROGRAM. section (a)(1).’’. amendment intended to be proposed by (a) IN GENERAL.—Section 1144 of title 10, (2) TABLE OF CONTENTS AMENDMENT.—The him to the bill S. 1197, to authorize ap- United States Code, is amended— table of contents in the first section of the propriations for fiscal year 2014 for (1) in subsection (b), by adding at the end Foreign Intelligence Surveillance Act of 1978 military activities of the Department the following new paragraph:

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.043 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8477 ‘‘(9) Provide information about disability- mitted an amendment intended to be (5) FUNDING.—The Secretary of State may related employment and education protec- proposed by him to the bill S. 1197, to use amounts from the Vietnam Debt Repay- tions.’’. authorize appropriations for fiscal year ment Fund made available under section (2) by redesignating subsections (c), (d), 2014 for military activities of the De- 207(c) of the Vietnam Education Foundation and (e), as subsections (d), (e), and (f), respec- Act of 2000 (22 U.S.C. 2452 note) for grants au- tively; and partment of Defense, for military con- thorized under this subsection. (3) by inserting after subsection (b) the fol- struction, and for defense activities of (6) ANNUAL REPORT.—The Secretary of lowing new subsection (c): the Department of Energy, to prescribe State shall submit an annual report to the ‘‘(c) ADDITIONAL ELEMENTS OF PROGRAM.— military personnel strengths for such appropriate congressional committees on the The mandatory program carried out by this fiscal year, and for other purposes; activities carried out under this subsection section shall include— which was ordered to lie on the table; during the most recent fiscal year that in- ‘‘(1) for any such member who plans to use as follows: cludes— the member’s entitlement to educational as- (A) a list of grantees and educational pro- sistance under title 38— At the end of subtitle C of title XII, add posals; ‘‘(A) instruction providing an overview of the following: (B) an assessment of the grantees’ ability the use of such entitlement; and SEC. 1237. VIETNAM EDUCATION FOUNDATION. to meet comparable United States academic ‘‘(B) courses of post-secondary education (a) FINDINGS.—Congress makes the fol- standards; and appropriate for the member, courses of post- lowing findings: (C) an assessment of the grantees’ efforts secondary education compatible with the (1) The Secretary of Defense has called for and commitment to academic freedom in member’s education goals, and instruction more high-level exchanges and enhanced de- Vietnam. on how to finance the member’s post-sec- fense cooperation between the United States (c) TRANSFER OF FUNCTIONS AND ASSETS.— ondary education; and and Vietnam. All functions and assets of the Vietnam Edu- ‘‘(2) instruction in the benefits under laws (2) Vietnam plays a major role in the cation Foundation, as of the day before the administered by the Secretary of Veterans President’s strategic priority to rebalance date of the enactment of this Act, are trans- Affairs and in other subjects determined by ferred to the Bureau of Educational and Cul- the Secretary concerned.’’. United States policies toward Asia (popu- larly known as the ‘‘Asia pivot’’). tural Affairs of the Department of State. (b) DEADLINE FOR IMPLEMENTATION.—The (d) VIETNAM DEBT REPAYMENT FUND.—Sec- program carried out under section 1144 of (3) The Department of Defense is increas- ing its United States force posture in Asia to tion 207(c) of the Vietnam Education Foun- title 10, United States Code, shall comply dation Act of 2000 (22 U.S.C. 2452 note) is with the requirements of subsections (b)(9) achieve more geographical distribution, operational resilience, and politically sus- amended to read as follows: and (c) of such section, as added by sub- ‘‘(c) AVAILABILITY OF FUNDS.— section (a), by not later than April 1, 2015. tainability. ‘‘(1) AMOUNTS TRANSFERRED TO THE FOUNDA- (c) FEASIBILITY STUDY.—Not later than 270 (4) The Secretary of Defense and the Min- TION.—Except as provided in paragraph (2), days after the date of the enactment of this ister of Defense of the Socialist Republic of for each of the fiscal years 2014 through 2018, Act, the Secretary of Veterans Affairs shall Vietnam have agreed to develop cooperation submit to the Committee on Veterans’ Af- in the following 5 areas: $5,000,000 of the amounts deposited into the fairs and the Committee on Armed Services (A) High-level dialogues. Fund (or accrued interest) shall be trans- of the Senate and the Committee on Vet- (B) Maritime security. ferred to the Foundation to carry out the fel- erans’ Affairs and the Committee on Armed (C) Search and rescue operations. lowship program described in section 206. Services of the House of Representatives the (D) Peacekeeping operations. ‘‘(2) AMOUNTS ALLOTTED FOR GRANTS TO ES- results of a study carried out by the Sec- (E) Humanitarian assistance and disaster TABLISH AN INDEPENDENT, NOT-FOR-PROFIT, retary to determine the feasibility of pro- relief. HIGHER EDUCATION INSTITUTION IN VIETNAM.— viding the instruction described in sub- (5) The Secretary of Defense has empha- Notwithstanding paragraph (1), the Sec- section (b) of section 1142 of title 10, United sized that enhanced defense cooperation retary of State may expend any amounts de- States Code, at all overseas locations where must be accompanied by reform and liberal- posited into the Fund (or accrued interest) such instruction is provided by entering into ization in other sectors. to carry out the grant program established under section 1237(b) of the National Defense a contract jointly with the Secretary of (b) GRANTS AUTHORIZED.— Labor for the provision of such instruction. Authorization Act for Fiscal Year 2014, to (1) ESTABLISHMENT OF HIGHER EDUCATION IN- support the establishment of an independent, STITUTION IN VIETNAM.—In order to support SA 2461. Mr. PORTMAN (for himself not-for-profit academic institution in Viet- Vietnam’s socioeconomic transition and pro- nam offering graduate and undergraduate and Mr. DONNELLY) submitted an mote the values of intellectual freedom and level programs in a broad range of fields, in- amendment intended to be proposed by open enquiry, the Secretary of State may cluding public policy, management, and en- him to the bill S. 1197, to authorize ap- award 1 or more grants to not-for-profit or- gineering. propriations for fiscal year 2014 for ganizations engaged in promoting institu- ‘‘(3) DISPOSITION OF EXCESS FUNDS.—For military activities of the Department tional innovation in Vietnamese higher edu- each of the fiscal years 2014 through 2018, the cation to establish an independent, not-for- of Defense, for military construction, Secretary of the Treasury shall deposit all profit, higher education institution in Viet- and for defense activities of the De- amounts in the Fund in excess of the nam. partment of Energy, to prescribe mili- amounts transferred or expended under para- (2) USE OF FUNDS.—Grant funds awarded tary personnel strengths for such fiscal graphs (1) and (2) for such year as miscella- under this subsection shall be used to sup- year, and for other purposes; which was neous receipts into the General Fund of the port the establishment of an independent, Treasury of the United States.’’. ordered to lie on the table; as follows: not-for-profit academic institution to be At the end of subtitle C of title II, add the built in Vietnam, which shall— SA 2463. Ms. MIKULSKI (for herself, following: (A) achieve standards comparable to those Mr. COATS, Mr. WYDEN, and Mr. UDALL SEC. 237. BRIEFINGS ON STATUS OF IMPLEMEN- required for accreditation in the United TATION OF CERTAIN MISSILE DE- States; of Colorado) submitted an amendment FENSE REQUIREMENTS. (B) offer graduate and undergraduate level intended to be proposed by her to the Not later than 180 days after the comple- teaching and research programs in a broad bill S. 1197, to authorize appropriations tion of the site evaluation study required by range of fields, including public policy, man- for fiscal year 2014 for military activi- subsection (a) of section 227 of the National Defense Authorization Act for Fiscal Year agement, and engineering; and ties of the Department of Defense, for 2013 (Public Law 112–239; 126 Stat. 1678), and (C) establish a policy of academic freedom military construction, and for defense one year thereafter, the Secretary of Defense and prohibit the censorship of dissenting or activities of the Department of Energy, shall provide to the congressional defense critical views. to prescribe military personnel committees a detailed briefing on the cur- (3) APPLICATION.—Eligible not-for-profit or- ganizations desiring a grant under this sub- strengths for such fiscal year, and for rent status of efforts and plans to implement other purposes; which was ordered to the requirements of such section, including section shall submit an application to the progress and plans toward preparation of the Secretary of State at such time, in such lie on the table; as follows: environmental impact statement required by manner, and accompanied by such informa- At the end of subtitle H of title X, add the subsection (b) of such section, and the devel- tion as the Secretary may reasonably re- following: opment of the contingency plan for deploy- quire. SEC. 1082. APPOINTMENT OF THE DIRECTOR OF ment of an additional homeland missile de- (4) REPORT ON GRANTEE APPLICATION CRI- THE NATIONAL SECURITY AGENCY. fense interceptor site in case the President TERIA.—Not later than 180 days after the (a) DIRECTOR OF THE NATIONAL SECURITY determines to proceed with such an addi- date of the enactment of this Act, the Sec- AGENCY.—Section 2 of the National Security tional deployment as required by subsection retary of State shall submit the criteria es- Agency Act of 1959 (50 U.S.C. 3602) is amend- (d) of such section. tablished for grantee applications, including ed— commitments to ensure academic freedom, (1) by inserting ‘‘(b)’’ before ‘‘There’’; and SA 2462. Mr. CARDIN (for himself, to the appropriate congressional commit- (2) by inserting before subsection (b), as so Mr. MCCAIN, and Mr. WHITEHOUSE) sub- tees. designated by paragraph (1), the following:

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.044 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8478 CONGRESSIONAL RECORD — SENATE November 21, 2013 ‘‘(a)(1) There is a Director of the National ‘‘(2) Except as provided in subsections (b) SA 2464. Mr. KAINE (for himself and Security Agency. and (c), other committees with jurisdiction Mr. WARNER) submitted an amendment ‘‘(2) The Director of the National Security over the department or agency of the Execu- intended to be proposed by him to the Agency shall be appointed by the President, tive Branch which contain a position re- bill S. 1197, to authorize appropriations by and with the advice and consent of the ferred to in paragraph (1) may hold hearings Senate. and interviews with individuals nominated for fiscal year 2014 for military activi- ‘‘(3) The Director of the National Security for such position, but only the Select Com- ties of the Department of Defense, for Agency shall be the head of the National Se- mittee shall report such nomination. military construction, and for defense curity Agency and shall discharge such func- ‘‘(3) In this subsection, the term ‘intel- activities of the Department of Energy, tions and duties as are provided by this Act ligence community’ means an element of the to prescribe military personnel or otherwise by law or executive order.’’. intelligence community specified in or des- (b) POSITION OF IMPORTANCE AND RESPONSI- strengths for such fiscal year, and for ignated under section 3(4) of the National Se- BILITY.—The President may designate the Di- other purposes; which was ordered to rector of the National Security Agency as a curity Act of 1947 (50 U.S.C. 3003(4)). lie on the table; as follows: position of importance and responsibility ‘‘(b)(1) With respect to the confirmation of the Assistant Attorney General for National At the end of subtitle G of title X, add the under section 601 of title 10, United States following: Code. Security, or any successor position, the nom- SEC. 1066. STUDY OF EFFECTS OF RELOCATION (c) EFFECTIVE DATE AND APPLICABILITY.— ination of any individual by the President to serve in such position shall be referred to the OF AIR FORCE OFFICE OF SCI- (1) IN GENERAL.—The amendments made by ENTIFIC RESEARCH. subsection (a) shall take effect on the date of Committee on the Judiciary and, if and when (a) IN GENERAL.—The Secretary of the Air the enactment of this Act and shall apply reported, to the Select Committee for not to Force shall seek to enter into an arrange- upon the earlier of— exceed 20 calendar days, except that in cases ment with the National Research Council of (A) the date of the nomination by the when the 20-day period expires while the the National Academies to conduct a study President of an individual to serve as the Di- Senate is in recess, the Select Committee of the positive and negative effects of the po- rector of the National Security Agency, ex- shall have 5 additional calendar days after tential relocation of the Air Force Office of cept that the individual serving as such Di- the Senate reconvenes to report the nomina- Scientific Research from its location as of rector as of the date of the enactment of this tion. Act may continue to perform such duties ‘‘(2) If, upon the expiration of the period the date of the enactment of this Act to after such date of nomination and until the described in paragraph (1), the Select Com- Wright-Patterson Air Force Base, Dayton, individual appointed as such Director, by mittee has not reported the nomination, Ohio. and with the advice and consent of the Sen- such nomination shall be automatically dis- (b) ELEMENTS.—The study conducted under ate, assumes the duties of such Director; or charged from the Select Committee and subsection (a) shall include, at a minimum, (B) the date of the cessation of the per- placed on the Executive Calendar. an assessment of the following: (1) The rationale for the relocation. formance of the duties of such Director by ‘‘(c)(1) With respect to the confirmation of (2) The effects of the relocation on employ- the individual performing such duties as of appointment to the position of Director of ees of the Air Force Office of Scientific Re- the date of the enactment of this Act. the National Security Agency or Inspector search. (2) POSITIONS OF IMPORTANCE AND RESPONSI- General of the National Security Agency or (3) The effects of the relocation on inter- BILITY.—Subsection (b) shall take effect on any successor position to such a position, actions with domestic and international sci- the date of the enactment of this Act. the nomination of any individual by the entific and technical academic communities. SEC. 1083. APPOINTMENT OF THE INSPECTOR President to serve in such position, who at (4) The costs of the relocation. GENERAL OF THE NATIONAL SECU- the time of the nomination is a member of (5) The effects of the relocation on the exe- RITY AGENCY. the Armed Forces on active duty, shall be re- cution of the basic research program of the (a) IN GENERAL.—The Inspector General ferred to the Committee on Armed Services Air Force. Act of 1978 (5 U.S.C. App.) is amended— and, if and when reported, to the Select Com- (c) REPORT REQUIRED.—Not later than 270 (1) in section 8G(a)(2), by striking ‘‘the Na- mittee for not to exceed 30 calendar days, ex- days after the date of the enactment of this tional Security Agency,’’; and cept that in cases when the 30-day period ex- Act, the National Research Council shall (2) in section 12— pires while the Senate is in recess, the Select submit to the congressional defense commit- (A) in paragraph (1), by striking ‘‘or the Committee shall have 5 additional calendar tees a report on the study conducted under Federal Cochairpersons of the Commissions days after the Senate reconvenes to report subsection (a). established under section 15301 of title 40, the nomination. United States Code’’ and inserting ‘‘the Fed- ‘‘(2) With respect to the confirmation of Mr. KAINE submitted an eral Cochairpersons of the Commissions es- appointment to the position of Director of SA 2465. tablished under section 15301 of title 40, the National Security Agency or Inspector amendment intended to be proposed by United States Code; or the Director of the General of the National Security Agency, or him to the bill S. 1197, to authorize ap- National Security Agency’’; and any successor to such a position, the nomi- propriations for fiscal year 2014 for (B) in paragraph (2), by striking ‘‘or the nation of any individual by the President to military activities of the Department Commissions established under section 15301 serve in such position, who at the time of the of Defense, for military construction, of title 40, United States Code’’ and inserting nomination is not a member of the Armed and for defense activities of the De- ‘‘the Commissions established under section Forces on active duty, shall be referred to 15301 of title 40, United States Code, or the partment of Energy, to prescribe mili- the Select Committee and, if and when re- tary personnel strengths for such fiscal National Security Agency’’. ported, to the Committee on Armed Services (b) EFFECTIVE DATE; INCUMBENT.— for not to exceed 30 calendar days, except year, and for other purposes; which was (1) EFFECTIVE DATE.—The amendments that in cases when the 30-day period expires ordered to lie on the table; as follows: made by subsection (a) shall take effect on while the Senate is in recess, the Committee At the end of title XI, add the following: the date on which the first Director of the on Armed Services shall have an additional 5 National Security Agency takes office on or SEC. 1109. MODIFICATION TO DEFENSE AD- calendar days after the Senate reconvenes to VANCED RESEARCH PROJECTS after the date of the enactment of this Act. report the nomination. AGENCY EXPERIMENTAL PER- (2) INCUMBENT.—The individual serving as ‘‘(3) If, upon the expiration of the period of SONNEL MANAGEMENT PROGRAM Inspector General of the National Security sequential referral described in paragraphs FOR TECHNICAL PERSONNEL. Agency on the date of the enactment of this (1) and (2), the committee to which the nomi- Section 1101(b)(1) of the Strom Thurmond Act shall be eligible to be appointed by the nation was sequentially referred has not re- National Defense Authorization Act for Fis- President to a new term of service under sec- ported the nomination, the nomination shall cal Year 1999 (5 U.S.C. 3104 note) is amended, tion 3 of the Inspector General Act of 1978 (5 be automatically discharged from that com- in the matter preceding subparagraph (A), by U.S.C. App.), by and with the advice and con- mittee and placed on the Executive Cal- striking ‘‘and uniformed services (as such sent of the Senate. endar.’’. terms are’’ and inserting ‘‘(as such term is’’. SEC. 1084. RESPONSIBILITY OF COMMITTEES IN (b) RULEMAKING AUTHORITY OF THE SEN- ADVICE AND CONSENT OF SENATE SA 2466. Mr. LEVIN (for himself, Mr. TO INTELLIGENCE APPOINTMENTS. ATE.—The amendment made by subsection MCCAIN, Mr. ROCKEFELLER, and Mr. (a) IN GENERAL.—Section 17 of Senate Res- (a) is enacted— olution 400 agreed to May 19, 1976 (94th Con- (1) as an exercise of the rulemaking power COBURN) submitted an amendment in- gress) is amended to read as follows: of the Senate; and tended to be proposed by him to the ‘‘SEC. 17. (a)(1) Except as provided in sub- (2) with full recognition of the constitu- bill S. 1197, to authorize appropriations sections (b) and (c), the Select Committee tional right of the Senate to change the for fiscal year 2014 for military activi- shall have jurisdiction to review, hold hear- rules of the Senate at any time, in the same ties of the Department of Defense, for ings, and report the nominations of civilian manner, and to the same extent as in the individuals for positions in the intelligence case of any other rule of the Senate. military construction, and for defense community for which appointments are (c) EFFECTIVE DATE.—The amendment activities of the Department of Energy, made by the President, by and with the ad- made by subsection (a) shall take effect on to prescribe military personnel vice and consent of the Senate. the date of the enactment of this Act. strengths for such fiscal year, and for

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.045 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8479 other purposes; which was ordered to (2) PERSONS DESCRIBED.—A person de- (A) the person has taken reasonable meas- lie on the table; as follows: scribed in this paragraph is a foreign person ures to keep the information confidential; At the end of subtitle C of title XII, add the President determines knowingly re- and the following: quests, engages in, supports, facilitates, or (B) the information is not generally known benefits from the significant appropriation, or readily ascertainable through proper SEC. 1237. ACTIONS TO ADDRESS ECONOMIC OR means by the public. INDUSTRIAL ESPIONAGE IN CYBER- through economic or industrial espionage in SPACE. cyberspace, of technologies or proprietary (9) TECHNOLOGY.—The term ‘‘technology’’ (a) REPORT REQUIRED.— information developed by United States per- has the meaning given that term in section (1) IN GENERAL.—Not later than 180 days sons. 16 of the Export Administration Act of 1979 after the date of the enactment of this Act, (3) EXCEPTION.—The authority to impose (50 U.S.C. App. 2415) (as in effect pursuant to and annually thereafter, the President shall sanctions under paragraph (1) shall not in- the International Emergency Economic Pow- submit to the appropriate congressional clude the authority to impose sanctions on ers Act (50 U.S.C. 1701 et seq.)). committees a report on foreign economic the importation of goods. (10) TRADE SECRET.—The term ‘‘trade se- cret’’ has the meaning given that term in and industrial espionage in cyberspace dur- (c) DEFINITIONS.—In this section: section 1839 of title 18, United States Code. ing the 12-month period preceding the sub- (1) APPROPRIATE CONGRESSIONAL COMMIT- (11) UNITED STATES PERSON.—The term mission of the report that— TEES.—The term ‘‘appropriate congressional (A) identifies— ‘‘United States person’’ means— committees’’ means— (A) an individual who is a citizen or resi- (i) foreign countries that engage in eco- (A) the Committee on Armed Services, the nomic or industrial espionage in cyberspace dent of the United States; or Committee on Banking, Housing, and Urban (B) an entity organized under the laws of with respect to trade secrets or proprietary Affairs, the Committee on Homeland Secu- information owned by United States persons; the United States or any jurisdiction within rity and Governmental Affairs, the Com- the United States. (ii) foreign countries identified under mittee on Finance, the Committee on For- clause (i) that the President determines en- eign Relations, and the Select Committee on SA 2467. Mr. ROCKEFELLER (for gage in the most egregious economic or in- Intelligence of the Senate; and dustrial espionage in cyberspace with re- himself and Mr. PORTMAN) submitted (B) the Committee on Armed Services, the an amendment intended to be proposed spect to such trade secrets or proprietary in- Committee on Homeland Security, the Com- formation (in this section referred to as ‘‘pri- mittee on Financial Services, the Committee by him to the bill S. 1197, to authorize ority foreign countries’’); on Foreign Affairs, the Committee on Ways appropriations for fiscal year 2014 for (iii) technologies or proprietary informa- and Means, and the Permanent Select Com- military activities of the Department tion developed by United States persons mittee on Intelligence of the House of Rep- of Defense, for military construction, that— resentatives. and for defense activities of the De- (I) are targeted for economic or industrial (2) CYBERSPACE.—The term ‘‘cyberspace’’— espionage in cyberspace; and partment of Energy, to prescribe mili- (A) means the interdependent network of (II) to the extent practicable, have been ap- tary personnel strengths for such fiscal information technology infrastructures; and propriated through such espionage; year, and for other purposes; which was (B) includes the Internet, telecommuni- (iv) articles manufactured or otherwise ordered to lie on the table; as follows: cations networks, computer systems, and produced using technologies or proprietary embedded processors and controllers. At the end of subtitle C of title V, add the information described in clause (iii)(II); and following: (3) ECONOMIC OR INDUSTRIAL ESPIONAGE.— (v) services provided using such tech- The term ‘‘economic or industrial espio- SEC. 514. PHYSICAL EXAMINATIONS AND MENTAL nologies or proprietary information; nage’’ means— HEALTH SCREENINGS FOR CERTAIN (B) describes the economic or industrial es- MEMBERS UNDERGOING SEPARA- pionage engaged in by the foreign countries (A) stealing a trade secret or proprietary TION FROM THE ARMED FORCES identified under clauses (i) and (ii) of sub- information or appropriating, taking, car- WHO ARE NOT OTHERWISE ELIGI- paragraph (A); and rying away, or concealing, or by fraud, arti- BLE FOR SUCH EXAMINATIONS. (C) describes— fice, or deception obtaining, a trade secret or (a) IN GENERAL.—The Secretary of the (i) actions taken by the President to de- proprietary information without the author- military department concerned shall provide crease the prevalence of economic or indus- ization of the owner of the trade secret or a physical examination and a mental health trial espionage in cyberspace; and proprietary information; screening to each member of the Armed (ii) the progress made in decreasing the (B) copying, duplicating, downloading, Forces who, after a period of active duty of prevalence of such espionage. uploading, destroying, transmitting, deliv- more than 180 days, is undergoing separation from the Armed Forces and is not otherwise (2) DETERMINATION OF FOREIGN COUNTRIES ering, sending, communicating, or conveying provided such an examination or screening ENGAGING IN ECONOMIC OR INDUSTRIAL ESPIO- a trade secret or proprietary information in connection with such separation from the NAGE IN CYBERSPACE.—For purposes of without the authorization of the owner of clauses (i) and (ii) of paragraph (1)(A), the the trade secret or proprietary information; Department of Defense or the Department of President shall identify a foreign country as or Veterans Affairs. O RIGHT TO HEALTH CARE BENEFITS.— a foreign country that engages in economic (C) knowingly receiving, buying, or pos- (b) N The provision of a physical examination or or industrial espionage in cyberspace with sessing a trade secret or proprietary infor- mental health screening to a member under respect to trade secrets or proprietary infor- mation that has been stolen or appropriated, subsection (a) shall not, by itself, entitle the mation owned by United States persons if obtained, or converted without the author- member to any other health care benefits the government of the foreign country— ization of the owner of the trade secret or from the Department of Defense or the De- (A) engages in economic or industrial espi- proprietary information. partment of Veterans Affairs. onage in cyberspace with respect to trade se- (4) KNOWINGLY.—The term ‘‘knowingly’’, (c) FUNDING.—Funds for the provision of crets or proprietary information owned by with respect to conduct, a circumstance, or a physical examinations and mental health United States persons; or result, means that a person has actual screenings under this section shall be derived (B) facilitates, supports, fails to prosecute, knowledge, or should have known, of the from funds otherwise authorized to be appro- or otherwise permits such espionage by— conduct, the circumstance, or the result. priated for the military department con- (i) individuals who are citizens or residents (5) INTELLIGENCE COMMUNITY.—The term cerned for the provision of health care to of the foreign country; or ‘‘intelligence community’’ has the meaning members of the Armed Forces. (ii) entities that are organized under the given that term in section 3(4) of the Na- laws of the foreign country or are otherwise tional Security Act of 1947 (50 U.S.C. 401a(4)). SEC. 515. REPORT ON CAPACITY OF DEPART- MENT OF DEFENSE TO PROVIDE (6) OWN.—The term ‘‘own’’, with respect to subject to the jurisdiction of the government ELECTRONIC COPY OF MEMBER of the foreign country. a trade secret or proprietary information, SERVICE TREATMENT RECORDS TO (3) FORM OF REPORT.—Each report required means to hold rightful legal or equitable MEMBERS SEPARATING FROM THE by paragraph (1) shall be submitted in un- title to, or license in, the trade secret or pro- ARMED FORCES. classified form but may contain a classified prietary information. (a) REPORT REQUIRED.—Not later than six annex. (7) PERSON.—The term ‘‘person’’ means an months after the date of the enactment of (b) IMPOSITION OF SANCTIONS.— individual or entity. this Act, the Secretary of Defense shall sub- (1) IN GENERAL.—The President may block (8) PROPRIETARY INFORMATION.—The term mit to Congress a report setting forth an as- and prohibit all transactions in all property ‘‘proprietary information’’ means competi- sessment of the capacity of the Department and interests in property of each person de- tive bid preparations, negotiating strategies, of Defense to provide each member of the scribed in paragraph (2) pursuant to the executive emails, internal financial data, Armed Forces who is undergoing separation International Emergency Economic Powers strategic business plans, technical designs, from the Armed Forces an electronic copy of Act (50 U.S.C. 1701 et seq.), if such property manufacturing processes, source code, data the member’s service treatment record at and interests in property are in the United derived from research and development in- the time of separation. States, come within the United States, or vestments, and other commercially valuable (b) MATTERS RELATING TO THE NATIONAL are or come within the possession or control information that a person has developed or GUARD.—The assessment under subsection of a United States person. obtained if— (a) with regards to members of the National

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.045 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8480 CONGRESSIONAL RECORD — SENATE November 21, 2013 Guard shall include an assessment of the ca- SEC. 1534. ELECTRICAL AND FIRE SAFETY EN- section (a) that authorizes the acquisition in pacity of the Department to ensure that the HANCEMENT. bulk of wire communication or electronic electronic copy of a member’s service treat- (a) REVIEW.—The Secretary of Defense communication records, which shall not in- ment record includes health records main- shall conduct a review of electrical safety clude the content of such communications, tained by each State or territory in which and fire prevention incidents in United shall be subject to supplemental procedures, the member served. States controlled and occupied non-perma- which are in addition to any other require- nent facilities in the United States Central ments or procedures imposed by this Act, as SA 2468. Mr. MARKEY (for himself Command area of responsibility since 2001 follows: and Mr. WYDEN) submitted an amend- and use the resulting lessons learned to de- ‘‘(A) CONTENT PROHIBITION.—Such an order ment intended to be proposed by him velop necessary policy, training, and doc- shall not authorize the acquisition of the trine for purposes of institutionalizing this to the bill S. 1197, to authorize appro- content of any communication. knowledge for current and future combat op- ‘‘(B) AUTHORIZATION AND RENEWAL PERI- priations for fiscal year 2014 for mili- erations. ODS.—Such an order— tary activities of the Department of (b) ELEMENTS.—The review required under ‘‘(i) shall be effective for a period of not Defense, for military construction, and subsection (a) shall include the following ele- more than 90 days; and for defense activities of the Depart- ments: ‘‘(ii) may be extended by the court on the ment of Energy, to prescribe military (1) An assessment of all known electrical same basis as an original order upon an ap- personnel strengths for such fiscal or fire related deaths of members of the plication under this title for an extension year, and for other purposes; which was Armed Forces that have occurred in United and new findings by the court in accordance States controlled and occupied non-perma- with subsection (c). ordered to lie on the table; as follows: nent facilities in Afghanistan and Iraq. ‘‘(C) SECURITY PROCEDURES FOR ACQUIRED At the end of subtitle C of title I, add the (2) Recommendations for improving elec- DATA.—Information acquired pursuant to following: trical and fire protection safety in United such an order (other than information prop- SEC. 126. UPDATE OF COST ESTIMATES FOR States controlled and occupied non-perma- erly returned in response to a query under SSBN(X) SUBMARINE PROGRAM AL- nent facilities used in overseas military op- subparagraph (D)(iii)) shall be retained by TERNATIVES. erations. the Government in accordance with security (a) REPORT ON UPDATE REQUIRED.— (c) REVISED GUIDELINES FOR UNIFORM FA- procedures approved by the court in a man- (1) IN GENERAL.—Not later than March 31, CILITIES CRITERIA.—Not later than 90 days ner designed to ensure that only authorized 2014, the Secretary of the Navy shall submit after completion of the review required personnel will have access to the informa- to the congressional defense committees a under subsection (a), the findings and rec- tion in the manner prescribed by this section report setting forth an update of the cost es- ommendations of the review shall be incor- and the court’s order. timates prepared under subsection (a)(1) sec- porated, as appropriate, in revised guidelines ‘‘(D) LIMITED ACCESS TO DATA.—Access to tion 242 of the National Defense Authoriza- in the Uniform Facilities Criteria, or other information retained in accordance with the tion Act for Fiscal Year 2012 (Public Law relevant policy, training, and doctrine publi- procedures described in subparagraph (C) 112–81; 125 Stat. 1343) for each option consid- cations, governing non-permanent facilities shall be prohibited, except for access— ered under subsection (b) of that section for in support of military operations. ‘‘(i) to perform a query using a selector for purposes of the report under that section on (d) REPORT.—Not later than 180 days after which a recorded determination has been the Ohio-class replacement ballistic missile the date of the enactment of this Act, the made that there is a reasonable articulable submarine. The update shall specify how the Secretary of Defense shall submit to the con- suspicion that the selector is associated with cost updates account for differences in sur- gressional defense committees a report on international terrorism or activities in prep- vivability, targeting responsiveness and the review conducted under subsection (a). aration therefor; flexibility, responsiveness to future threats, ‘‘(ii) to return information as authorized and such other matters as the Secretary con- SA 2470. Mrs. FEINSTEIN submitted under paragraph (3); or siders important in comparing the options. an amendment intended to be proposed ‘‘(iii) as may be necessary for technical as- (2) FORM.—Each updated cost estimate in by her to the bill S. 1197, to authorize surance, data management or compliance the report under paragraph (1) shall be sub- purposes, or for the purpose of narrowing the appropriations for fiscal year 2014 for results of queries, in which case no informa- mitted in an unclassified form that may be military activities of the Department made available to the public. Other informa- tion produced pursuant to the order may be tion from the update may be submitted in of Defense, for military construction, accessed, used, or disclosed for any other classified form. and for defense activities of the De- purpose, unless the information is responsive (b) COMPTROLLER GENERAL REPORT.—Not partment of Energy, to prescribe mili- to a query authorized under paragraph (3). later than 90 days after the date of the sub- tary personnel strengths for such fiscal ‘‘(2) RECORD REQUIREMENT.— mittal under subsection (a) of the report re- year, and for other purposes; which was ‘‘(A) DETERMINATION.—For any determina- quired by that subsection, the Comptroller ordered to lie on the table; as follows: tion made pursuant to paragraph (1)(D)(i), a General of the United States shall submit to record shall be retained of the selector, the At the appropriate place, insert the fol- the congressional defense committees a re- identity of the individual who made the de- lowing: port setting forth an assessment by the termination, the date and time of the deter- Comptroller General of the accuracy of the TITLE ll—FISA IMPROVEMENTS ACT OF mination, and the information indicating updated cost estimates in the report under 2013 that, at the time of the determination, there subsection (a). SEC. ll01. SHORT TITLE. was a reasonable articulable suspicion that (c) SENSE OF CONGRESS ON NEED FOR This title may be cited as the ‘‘FISA Im- the selector was associated with inter- SSBN(X).— provements Act of 2013’’. national terrorism or activities in prepara- tion therefor. (1) FINDING.—Congress finds that the Chief SEC. ll02. SUPPLEMENTAL PROCEDURES FOR of Naval Operations has assessed the ACQUISITION OF CERTAIN BUSINESS ‘‘(B) QUERY.—For any query performed SSBN(X) program as the highest priority of RECORDS FOR COUNTERTERRORISM pursuant to paragraph (1)(D)(i), a record the Navy. PURPOSES. shall be retained of the identity of the indi- (2) SENSE OF CONGRESS.—It is the sense of (a) SUPPLEMENTAL PROCEDURES FOR ACQUI- vidual who made the query, the date and Congress that continuing the SSBN(X) pro- SITION OF CERTAIN BUSINESS RECORDS FOR time of the query, and the selector used to gram is critical to modernizing the nuclear INTERNATIONAL TERRORISM INVESTIGATIONS.— perform the query. deterrent fleets of the United States and the Section 501 of the Foreign Intelligence Sur- ‘‘(3) SCOPE OF PERMISSIBLE QUERY RETURN United Kingdom. veillance Act of 1978 (50 U.S.C. 1861) is INFORMATION.—For any query performed pur- amended by adding at the end the following: suant to paragraph (1)(D)(i), the query only SA 2469. Mr. CASEY (for himself, Mr. ‘‘(i) GENERAL PROHIBITION ON BULK COLLEC- may return information concerning commu- TION OF COMMUNICATION RECORDS.—No order nications— TOOMEY, and Mr. BROWN) submitted an issued pursuant to an application made ‘‘(A) to or from the selector used to per- amendment intended to be proposed by under subsection (a) may authorize the ac- form the query; him to the bill S. 1197, to authorize ap- quisition in bulk of wire communication or ‘‘(B) to or from a selector in communica- propriations for fiscal year 2014 for electronic communication records from an tion with the selector used to perform the military activities of the Department entity that provides an electronic commu- query; or of Defense, for military construction, nication service to the public if such order ‘‘(C) to or from any selector reasonably and for defense activities of the De- does not name or otherwise identify either linked to the selector used to perform the partment of Energy, to prescribe mili- individuals or facilities, unless such order query, in accordance with the court approved tary personnel strengths for such fiscal complies with the supplemental procedures minimization procedures required under sub- under subsection (j). section (g). year, and for other purposes; which was ‘‘(j) AUTHORIZATION FOR BULK COLLECTION ‘‘(4) LIMITS ON PERSONNEL AUTHORIZED TO ordered to lie on the table; as follows: OF NON-CONTENT METADATA.— MAKE DETERMINATIONS OR PERFORM QUE- At the end of subtitle C of title XV, add the ‘‘(1) SUPPLEMENTAL PROCEDURES.—Any RIES.—A court order issued pursuant to an following: order directed to the Government under sub- application made under subsection (a), and

VerDate Mar 15 2010 04:34 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.045 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8481 subject to the requirements of this sub- requirements of this subsection, shall be pro- computer was operated by or on behalf of the section, shall impose strict, reasonable lim- vided to the appropriate committees of Con- United States and that such information was its, consistent with operational needs, on the gress. acquired by the United States pursuant to number of Government personnel authorized ‘‘(9) DEFINITIONS.—In this subsection: the Foreign Intelligence Surveillance Act (50 to make a determination or perform a query ‘‘(A) APPROPRIATE COMMITTEES OF CON- U.S.C. 1801 et seq.) pursuant to an order pursuant to paragraph (1)(D)(i). The Director GRESS.—The term ‘appropriate committees issued by a court established under section of National Intelligence shall ensure that of Congress’ means— 103 of that Act (50 U.S.C. 1803).’’. each such personnel receives comprehensive ‘‘(i) the Committee on the Judiciary and (2) Subsection (c) is amended— training on the applicable laws, policies, and the Select Committee on Intelligence of the (A) in paragraph (4)(G)(ii), by striking the procedures governing such determinations Senate; and period at the end and inserting a semicolon and queries prior to exercising such author- ‘‘(ii) the Committee on the Judiciary and and ‘‘or’’; and ity. the Permanent Select Committee on Intel- (B) by adding at the end the following: ‘‘(5) AUTOMATED REPORTING.— ligence of the House of Representatives. ‘‘(5) a fine under this title, imprisonment ‘‘(A) REQUIREMENT FOR AUTOMATED REPORT- ‘‘(B) CONTENT.—The term ‘content’, with for not more than 10 years, or both, in the ING.—The Director of the National Intel- respect to a communication— case of an offense under subsection (a)(8) of ligence, in consultation with the head of the ‘‘(i) means any information concerning the this section.’’. agency responsible for acquisitions pursuant substance, purport, or meaning of that com- SEC. ll04. APPOINTMENT OF AMICUS CURIAE. to orders subject to the requirements of this munication; and Section 103 of the Foreign Intelligence Sur- subsection, shall establish a technical proce- ‘‘(ii) does not include any dialing, routing, veillance Act of 1978 (50 U.S.C. 1803) is dure whereby the aggregate number of que- addressing, signaling information. amended by adding at the end the following: ries performed pursuant to this subsection in ‘‘(C) ELECTRONIC COMMUNICATION.—The ‘‘(i) AMICUS CURIAE.— the previous quarter shall be recorded auto- term ‘electronic communication’ has the ‘‘(1) AUTHORIZATION.—Notwithstanding any matically, and subsequently reported to the meaning given that term in section 2510 of other provision of law, a court established appropriate committees of Congress. title 18, United States Code. under subsection (a) or (b) is authorized, con- ‘‘(B) AVAILABILITY UPON REQUEST.—The in- ‘‘(D) ELECTRONIC COMMUNICATION SERVICE.— sistent with the requirement of subsection formation reported under subparagraph (A) The term ‘electronic communication service’ (c) and any other statutory requirement that shall be available to each of the following has the meaning given that term in section the court act expeditiously or within a stat- upon request: 2510 of title 18, United States Code. ed time, to appoint amicus curiae to assist ‘‘(i) The Inspector General of the National ‘‘(E) SELECTOR.—The term ‘selector’ means the court in the consideration of a covered Security Agency. an identifier, such as a phone number or application. ‘‘(ii) The Inspector General of the Intel- electronic account identifier, that is associ- ‘‘(2) DEFINITIONS.—In this subsection: ligence Community. ated with a particular communicant or facil- ‘‘(A) APPROPRIATE COMMITTEES OF CON- ‘‘(iii) The Inspector General of the Depart- ity. GRESS.—The term ‘appropriate committees ment Justice. ‘‘(F) UNITED STATES PERSON.—The term of Congress’ means— ‘‘(iv) Appropriate officials of the Depart- ‘United States person’ has the meaning given ‘‘(i) the Committee on the Judiciary and ment of Justice. that term in section 101 of this Act. the Select Committee on Intelligence of the ‘‘(v) Appropriate officials of the National ‘‘(G) WIRE COMMUNICATION.—The term ‘wire Senate; and Security Agency. communication’ has the meaning given that ‘‘(ii) the Committee on the Judiciary and ‘‘(vi) The Privacy and Civil Liberties Over- term in section 2510 of title 18, United States the Permanent Select Committee on Intel- sight Board. Code.’’. ligence of the House of Representatives. ‘‘(6) COURT REVIEW OF RECORDS.— (b) ANNUAL UNCLASSIFIED REPORT.—Sec- ‘‘(B) COVERED APPLICATION.—The term ‘‘(A) REQUIREMENT TO PROVIDE RECORDS.— tion 502(c)(1) of the Foreign Intelligence Sur- ‘covered application’ means an application In accordance with minimization procedures veillance Act of 1978 (50 U.S.C. 1862(c)(1)) is for an order or review made to a court estab- required by subsection (g), and subject to amended— lished under subsection (a) or (b)— subparagraph (B), a copy of each record for a (1) in subparagraph (A), by striking ‘‘and’’ ‘‘(i) that, in the opinion of such a court, determination prepared pursuant to para- at the end; presents a novel or significant interpretation graph (2)(A) shall be promptly provided to (2) in subparagraph (B), by striking the pe- of the law; and the court established under section 103(a). riod at the end and inserting ‘‘; and’’; and ‘‘(ii) that is— ‘‘(B) RECORDS ASSOCIATED WITH UNITED (3) by adding at the end the following: ‘‘(I) an application for an order under this STATES PERSONS.—In accordance with mini- ‘‘(C) for each order subject to the supple- title, title III, IV, or V of this Act, or section mization procedures required by subsection mental procedures under section 501(j)— 703 or 704 of this Act; (g), a copy of each record for a determination ‘‘(i) the number of unique selectors for ‘‘(II) a review of a certification or proce- prepared pursuant to paragraph (2)(A) that is which a recorded determination has been dures under section 702 of this Act; or reasonably believed to be associated with a made under section 501(j)(1)(D)(i) that rea- ‘‘(III) a notice of non-compliance with any particular, known United States person shall sonable articulable suspicion exists that the such order, certification, or procedures. be promptly provided the court established selector is associated with international ter- ‘‘(3) DESIGNATION.—The courts established under section 103(a), but no more than 7 days rorism or activities in preparation therefor; by subsection (a) and (b) shall each designate after the determination. ‘‘(ii) the aggregate number of queries per- 1 or more individuals who have been deter- ‘‘(C) REMEDY FOR IMPROPER DETERMINA- formed pursuant to such section; mined by appropriate executive branch offi- TIONS.—If the court finds that the record of ‘‘(iii) the aggregate number of investiga- cials to be eligible for access to classified na- the determination indicates the determina- tive leads developed as a direct result of any tional security information, including sen- tion did not meet the requirements of this query performed pursuant to subsection sitive compartmented information, who may section or is otherwise unlawful, the court (j)(1)(D)(i); and be appointed to serve as amicus curiae. In may order that production of records under ‘‘(iv) the aggregate number of warrants or appointing an amicus curiae pursuant to the applicable order be terminated or modi- court orders, based upon a showing of prob- paragraph (1), the court may choose from fied, that the information returned in re- able cause, issued pursuant to title I or III of among those so designated. sponse to queries using the selector identi- this Act or chapter 119, 121, or 205 of title 18, ‘‘(4) EXPERTISE.—An individual appointed fied in the determination be destroyed, or United States Code, in response to applica- as an amicus curiae under paragraph (1) may another appropriate remedy. tions for such warrants or court orders con- be a special counsel or an expert on privacy ‘‘(7) RECORD RETENTION AND QUERY RESTRIC- taining information produced by such que- and civil liberties, intelligence collection, TIONS.— ries.’’. telecommunications, or any other area that ‘‘(A) RECORD RETENTION.—All records and SEC. ll03. ENHANCED CRIMINAL PENALTIES may lend legal or technical expertise to the information produced pursuant to an order FOR UNAUTHORIZED ACCESS TO court. subject to this subsection, other than the re- COLLECTED DATA. ‘‘(5) DUTIES.—An amicus curiae appointed sults of queries as described in paragraph (3), Section 1030 of title 18, United States Code, under paragraph (1) to assist with the consid- shall be retained no longer than 5 years from is amended as follows: eration of a covered application shall carry the date of acquisition. (1) Subsection (a) is amended— out the duties assigned by the appointing ‘‘(B) QUERY RESTRICTIONS.—The Govern- (A) in paragraph (5)(C), by striking the pe- court. That court may authorize, to the ex- ment shall not query any data acquired riod at the end and inserting a semicolon; tent consistent with the case or controversy under this subsection and retained in accord- (B) in paragraph (7)(C), by adding ‘‘or’’ at requirements of Article III of the Constitu- ance with the procedures described in para- the end; and tion of the United States and the national graph (1)(C) more than 3 years after such (C) by inserting after paragraph (7)(C) the security of the United States, the amicus cu- data was acquired unless the Attorney Gen- following: riae to review any application, certification, eral determines that the query meets the ‘‘(8) accesses a computer without author- petition, motion, or other submission that standard set forth in paragraph (1)(D)(i). ization or exceeds authorized access and the court determines is relevant to the du- ‘‘(8) CONGRESSIONAL OVERSIGHT.—A copy of thereby obtains information from any de- ties assigned by the court. each order issued pursuant to an application partment or agency of the United States ‘‘(6) NOTIFICATION.—A court established made under subsection (a), and subject to the knowing or having reason to know that such under subsection (a) or (b) shall notify the

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.047 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8482 CONGRESSIONAL RECORD — SENATE November 21, 2013 Attorney General of each exercise of the au- presented in the form of a final application annual summary of the reports submitted thority to appoint an amicus curiae under under Rule 9(b) of the Rules of Procedure for under subsection (a) that, to the maximum paragraph (1). the Foreign Intelligence Surveillance Court, extent practicable consistent with the pro- ‘‘(7) ASSISTANCE.—A court established or any successor rule; tection of classified information, includes under subsection (a) or (b) may request and ‘‘(iv) named United States person targets the information contained in the report sub- receive (including on a non-reimbursable of physical searches; mitted pursuant to subsection (a)(2). basis) the assistance of the executive branch ‘‘(v) emergency authorizations of physical ‘‘(2) MINIMUM REQUIREMENTS.—In each re- in the implementation of this subsection. searches granted under this Act and the port made available to the public under para- ‘‘(8) ADMINISTRATION.—A court established total number of subsequent orders approving graph (1), the Attorney General shall in- under subsection (a) or (b) may provide for or denying such physical searches; and clude, at a minimum, the information re- the designation, appointment, removal, ‘‘(vi) new compliance incidents arising quired under subparagraphs (A), (B), and (C) training, support, or other administration of from physical searches under this Act. of subsection (a)(2), which may be presented an amicus curiae appointed under paragraph ‘‘(C) PEN REGISTER AND TRAP AND TRACE DE- as annual totals. (1) in a manner that is not inconsistent with VICES.—The total number of— ‘‘(f) CONSTRUCTION.—Nothing in this title this subsection. ‘‘(i) applications made for orders approving may be construed to limit the authority and ‘‘(9) CONGRESSIONAL OVERSIGHT.—The At- the use of pen registers or trap and trace de- responsibility of an appropriate committee torney General shall submit to the appro- vices under this Act; of Congress to obtain any information re- priate committees of Congress an annual re- ‘‘(ii) such orders either granted, modified, quired by such committee to carry out its port on the number of notices described in or denied; functions and duties. paragraph (6) received by Attorney General ‘‘(iii) proposed applications for orders for ‘‘(g) DEFINITIONS.—In this section: for the preceding 12-month period.’’. pen registers or trap and trace devices sub- ‘‘(1) APPROPRIATE COMMITTEES OF CON- SEC. ll05. CONSOLIDATION OF CONGRES- mitted pursuant to Rule 9(a) of the Rules of GRESS.—The term ‘appropriate committees SIONAL OVERSIGHT PROVISIONS Procedure for the Foreign Intelligence Sur- of Congress’ means— UNDER THE FOREIGN INTEL- veillance Court, or any successor rule, that ‘‘(A) the Select Committee on Intelligence LIGENCE SURVEILLANCE ACT OF are not formally presented in the form of a and the Committee on the Judiciary of the 1978. final application under Rule 9(b) of the Rules (a) REPEAL OF CONGRESSIONAL OVERSIGHT Senate; and of Procedure for the Foreign Intelligence PROVISIONS.— ‘‘(B) the Permanent Select Committee on Surveillance Court, or any successor rule; (1) REPEAL.—The Foreign Intelligence Sur- Intelligence and the Committee on the Judi- ‘‘(iv) named United States person targets veillance Act of 1978 is amended by striking ciary of the House of Representatives. of pen registers or trap and trace devices; sections 107, 108, 306, and 406 (50 U.S.C. 1807, ‘‘(2) ELECTRONIC SURVEILLANCE.—The term ‘‘(v) emergency authorizations of the use of 1808, 1826, and 1846). ‘electronic surveillance’ has the meaning pen registers or trap and trace devices grant- (2) TABLE OF CONTENTS AMENDMENT.—The given that term in section 101 of this Act. ed under this Act and the total number of table of contents in the first section of the ‘‘(3) FOREIGN INTELLIGENCE SURVEILLANCE subsequent orders approving or denying such Foreign Intelligence Surveillance Act of 1978 COURT.—The term ‘Foreign Intelligence Sur- use of pen registers or trap and trace devices; is amended by striking the items relating to veillance Court’ means the court established and sections 107, 108, 306, and 406. under section 103(a) of this Act. ‘‘(vi) new compliance incidents arising (b) SEMIANNUAL REPORT OF THE ATTORNEY ‘‘(4) FOREIGN INTELLIGENCE SURVEILLANCE from the use of pen registers or trap and GENERAL.—Section 601 of the Foreign Intel- COURT OF REVIEW.—The term ‘Foreign Intel- ligence Surveillance Act of 1978 (50 U.S.C. trace devices under this Act. ligence Surveillance Court of Review’ means 1871) is amended to read as follows: ‘‘(D) COMPLIANCE INCIDENTS.—A summary the court established under section 103(b) of ‘‘SEC. 601. SEMIANNUAL REPORT OF THE ATTOR- of each compliance incident reported under this Act. NEY GENERAL. subparagraphs (A)(vi), (B)(vi), and (C)(vi). ‘‘(5) PEN REGISTER.—The term ‘pen reg- ‘‘(a) IN GENERAL.— ‘‘(E) SIGNIFICANT LEGAL INTERPRETA- ister’ has the meaning given that term in ‘‘(1) INFORMATION.—On a semiannual basis, TIONS.—A summary of significant legal inter- section 401 of this Act. the Attorney General shall submit to the ap- pretations of this Act involving matters be- ‘‘(6) PHYSICAL SEARCH.—The term ‘physical propriate committees of Congress a report fore the Foreign Intelligence Surveillance search’ has the meaning given that term in pursuant to paragraph (2) concerning all Court or the Foreign Intelligence Surveil- section 301 of this Act. electronic surveillance, physical searches, lance Court of Review, including interpreta- ‘‘(7) TRAP AND TRACE DEVICE.—The term and uses of pen registers and trap and trace tions presented in applications or pleadings ‘trap and trace device’ has the meaning devices conducted under this Act. filed with the Foreign Intelligence Surveil- given that term in section 401 of this Act. ‘‘(2) REPORT.—The report required by para- lance Court or the Foreign Intelligence Sur- ‘‘(8) UNITED STATES PERSON.—The term graph (1) shall include the following: veillance Court of Review. ‘United States person’ has the meaning given ‘‘(A) ELECTRONIC SURVEILLANCE.—The total ‘‘(b) SUBMISSIONS OF SIGNIFICANT DECI- that term in section 101 of this Act.’’. SIONS, ORDERS, AND OPINIONS.—The Attorney number of— (c) AVAILABILITY OR REPORTS AND SUBMIS- General shall submit to the appropriate com- ‘‘(i) applications made for orders approving SIONS.— mittees of Congress a copy of any decision, electronic surveillance under this Act; (1) IN GENERAL.—Title VI of the Foreign In- order, or opinion issued by the Foreign Intel- ‘‘(ii) such orders either granted, modified, telligence Surveillance Act of 1978 (50 U.S.C. ligence Surveillance Court or the Foreign In- or denied; 1871) is amended by adding after section 601 telligence Surveillance Court of Review that ‘‘(iii) proposed applications for orders for the following: includes a significant construction or inter- electronic surveillance submitted pursuant pretation of any provision of this Act, and ‘‘SEC. 602. AVAILABILITY OF REPORTS AND SUB- to Rule 9(a) of the Rules of Procedure for the any pleadings, applications, or memoranda MISSIONS. Foreign Intelligence Surveillance Court, or of law associated with such decision, order, ‘‘(a) AVAILABILITY TO MEMBERS OF CON- any successor rule, that are not formally or opinion, not later than 45 days after such GRESS.—Consistent with the rules and prac- presented in the form of a final application decision, order, or opinion is issued. tices of the Senate and the House of Rep- under Rule 9(b) of the Rules of Procedure for ‘‘(c) PROTECTION OF NATIONAL SECURITY.— resentatives, each submission to Congress the Foreign Intelligence Surveillance Court, The Director of National Intelligence, in made pursuant to section 502(b), 702(l)(1), or or any successor rule; consultation with the Attorney General, 707 shall be made available, to every member ‘‘(iv) named United States person targets may authorize redactions of materials de- of Congress, subject to appropriate proce- of electronic surveillance; scribed in subsection (b) that are provided to dures for the storage and handling of classi- ‘‘(v) emergency authorizations of elec- the appropriate committees of Congress if fied information. tronic surveillance granted under this Act such redactions are necessary to protect and the total number of subsequent orders ‘‘(b) PUBLIC REPORT.—The Attorney Gen- properly classified information. eral or the Director of National Intelligence, approving or denying such electronic surveil- ‘‘(d) AVAILABILITY TO MEMBERS OF CON- lance; and as appropriate, shall make available to the GRESS.—Consistent with the rules and prac- public unclassified reports that, to the max- ‘‘(vi) new compliance incidents arising tices of the Senate and the House of Rep- imum extent practicable consistent with the from electronic surveillance under this Act. resentatives, each report submitted pursuant protection of classified information, include ‘‘(B) PHYSICAL SEARCHES.—The total num- to subsection (a)(2) and each submission the information contained in each submis- ber of— made pursuant to subsection (b) shall be sion to Congress made pursuant to section ‘‘(i) applications made for orders approving made available to every member of Congress, 502(b), 702(l)(1), or 707.’’. physical search under this Act; subject to appropriate procedures for the (2) TABLE OF CONTENTS AMENDMENT.—The ‘‘(ii) such orders either granted, modified, storage and handling of classified informa- table of contents in the first section of the or denied; tion. Foreign Intelligence Surveillance Act of 1978 ‘‘(iii) proposed applications for orders for ‘‘(e) PUBLIC REPORT.— is amended by inserting after the item relat- physical searches submitted pursuant to ‘‘(1) IN GENERAL.—Subject to paragraph (2), Rule 9(a) of the Rules of Procedure for the the Attorney General, in consultation with ing to section 601 the following: Foreign Intelligence Surveillance Court, or the Director of National Intelligence, shall ‘‘Sec. 602. Availability of reports and sub- any successor rule, that are not formally make available to the public an unclassified missions.’’.

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0655 E:\CR\FM\A21NO6.047 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8483 SEC. ll06. RESTRICTIONS ON QUERYING THE ‘‘(f)(1) Notwithstanding any other provi- ed by striking ‘‘section 105(e)’’ and inserting CONTENTS OF CERTAIN COMMU- sion of this Act, acquisition of foreign intel- ‘‘subsection (e) or (f) of section 105’’. NICATIONS. ligence information by targeting a non- SEC. ll08. CONFIRMATION OF APPOINTMENT Section 702 of the Foreign Intelligence Sur- United States person reasonably believed to OF THE DIRECTOR OF THE NA- veillance Act of 1978 (50 U.S.C. 1881a) is be located outside the United States that TIONAL SECURITY AGENCY. amended by adding at the end the following: was lawfully initiated by an element of the (a) DIRECTOR OF THE NATIONAL SECURITY ‘‘(m) QUERIES.— intelligence community may continue for a AGENCY.—Section 2 of the National Security ‘‘(1) LIMITATION ON QUERY TERMS THAT IDEN- transitional period not to exceed 72 hours Agency Act of 1959 (50 U.S.C. 3602) is amend- TIFY A UNITED STATES PERSON.—A query of from the time when it is recognized that the ed— the contents of communications acquired (1) by inserting ‘‘(b)’’ before ‘‘There’’; and under this section with a selector known to non-United States person is reasonably be- (2) by inserting before subsection (b), as so be used by a United States person may be lieved to be located inside the United States designated by paragraph (1), the following: conducted by personnel of elements of the and that the acquisition is subject to this title or title III of this Act, provided that the ‘‘(a)(1) There is a Director of the National Intelligence Community only if the purpose Security Agency. of the query is to obtain foreign intelligence head of the element determines that there exists an exigent circumstance and— ‘‘(2) The Director of the National Security information or information necessary to un- Agency shall be appointed by the President, derstand foreign intelligence information or ‘‘(A) there is reason to believe that the tar- get of the acquisition has communicated or by and with the advice and consent of the to assess its importance. Senate. ‘‘(2) RECORD.— received or will communicate or receive for- eign intelligence information relevant to the ‘‘(3) The Director of the National Security ‘‘(A) IN GENERAL.—For any query per- Agency shall be the head of the National Se- formed pursuant to paragraph (1) a record exigent circumstance; and ‘‘(B) it is determined that a request for curity Agency and shall discharge such func- shall be retained of the identity of the Gov- tions and duties as are provided by this Act ernment personnel who performed the query, emergency authorization from the Attorney General in accordance with the terms of this or otherwise by law or executive order.’’. the date and time of the query, and the in- (b) POSITION OF IMPORTANCE AND RESPONSI- formation indicating that the purpose of the Act is impracticable in light of the exigent BILITY.—The President may designate the Di- query was to obtain foreign intelligence in- circumstance. ‘‘(2) The Director of National Intelligence rector of the National Security Agency as a formation or information necessary to un- position of importance and responsibility derstand foreign intelligence information or or the head of an element of the intelligence community shall promptly notify the Attor- under section 601 of title 10, United States to assess its importance. Code. ‘‘(B) AVAILABILITY.—Each record prepared ney General of the decision to exercise the (c) EFFECTIVE DATE AND APPLICABILITY.— pursuant to subparagraph (A) shall be made authority under this section and shall re- quest emergency authorization from the At- (1) IN GENERAL.—The amendments made by available to the Department of Justice, the subsection (a) shall take effect on the date of Office of the Director of National Intel- torney General pursuant to this Act as soon as practicable, to the extent such request is the enactment of this Act and shall apply ligence, appropriate Inspectors General, the upon the earlier of— Foreign Intelligence Surveillance Court, and warranted by the facts and circumstances. (A) the date of the nomination by the the appropriate committees of Congress. ‘‘(3) Subject to subparagraph (4), the au- President of an individual to serve as the Di- ‘‘(3) CONSTRUCTION.—Nothing in this sub- thority under this section to continue acqui- rector of the National Security Agency, ex- section may be construed— sition of foreign intelligence information is cept that the individual serving as such Di- ‘‘(A) to prohibit access to data collected limited to 72 hours. However, if the Attorney rector as of the date of the enactment of this under this section as may be necessary for General authorizes an emergency acquisition Act may continue to perform such duties technical assurance, data management or pursuant to this Act, then acquisition of for- after such date of nomination and until the compliance purposes, or for the purpose of eign intelligence information may continue individual appointed as such Director, by narrowing the results of queries, in which for the period of time that the Attorney Gen- and with the advice and consent of the Sen- case no information produced pursuant to eral’s emergency authorization or any subse- the order may be accessed, used, or disclosed quent court order authorizing the acquisi- ate, assumes the duties of such Director; or other than for such purposes; tion remains in effect. (B) the date of the cessation of the per- ‘‘(B) to limit the authority of a law en- ‘‘(4) The authority to acquire foreign intel- formance of the duties of such Director by forcement agency to conduct a query for law ligence information under this subsection the individual performing such duties as of enforcement purposes of the contents of shall terminate upon any of the following, the date of the enactment of this Act. communications acquired under this section; whichever occurs first— (2) POSITIONS OF IMPORTANCE AND RESPONSI- or ‘‘(A) 72 hours have elapsed since the com- BILITY.—Subsection (b) shall take effect on ‘‘(C) to limit the authority of an agency to mencement of the transitional period; the date of the enactment of this Act. conduct a query for the purpose of pre- ‘‘(B) the Attorney General has directed SEC. ll09. PRESIDENTIAL APPOINTMENT AND venting a threat to life or serious bodily that the acquisition be terminated; or SENATE CONFIRMATION OF THE IN- harm to any person. ‘‘(C) the exigent circumstance is no longer SPECTOR GENERAL OF THE NA- TIONAL SECURITY AGENCY. ‘‘(4) DEFINITIONS.—In this subsection: reasonably believed to exist. (a) IN GENERAL.—The Inspector General ‘‘(A) APPROPRIATE COMMITTEES OF CON- ‘‘(5) If the Attorney General authorizes an Act of 1978 (5 U.S.C. App.) is amended— GRESS.—The term ‘appropriate committees emergency authorization during the transi- (1) in section 8G(a)(2), by striking ‘‘the Na- of Congress’ means— tional period, the acquisition of foreign in- tional Security Agency,’’; and ‘‘(i) the Select Committee on Intelligence telligence shall continue during any transi- (2) in section 12— and the Committee on the Judiciary of the tion to, and consistent with, the Attorney (A) in paragraph (1), by striking ‘‘or the Senate; and General emergency authorization or court Federal Cochairpersons of the Commissions ‘‘(ii) the Permanent Select Committee on order. established under section 15301 of title 40, Intelligence and the Committee on the Judi- ‘‘(6) Any information of or concerning ciary of the House of Representatives.’’. unconsenting United States persons acquired United States Code’’ and inserting ‘‘the Fed- eral Cochairpersons of the Commissions es- ‘‘(B) CONTENT.—The term ‘content’, with during the transitional period may only be respect to a communication— disseminated during the transitional period tablished under section 15301 of title 40, ‘‘(i) means any information concerning the if necessary to investigate, prevent, reduce, United States Code; or the Director of the substance, purport, or meaning of that com- or eliminate the exigent circumstance or if National Security Agency’’; and munication; and it indicates a threat of death or serious bod- (B) in paragraph (2), by striking ‘‘or the ‘‘(ii) does not include any dialing, routing, ily harm to any person. Commissions established under section 15301 addressing, or signaling information. ‘‘(7) In the event that during the transition of title 40, United States Code’’ and inserting ‘‘(C) SELECTOR.—The term ‘selector’ means period a request for an emergency authoriza- ‘‘the Commissions established under section an identifier, such as a phone number or tion from the Attorney General pursuant to 15301 of title 40, United States Code, or the electronic account identifier, that is associ- this Act for continued acquisition of foreign National Security Agency’’. ated with a particular communicant or facil- intelligence is not approved or an order from (b) EFFECTIVE DATE; INCUMBENT.— ity.’’. a court is not obtained to continue the ac- (1) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on SEC. ll07. TEMPORARY TARGETING OF PER- quisition, information obtained during the SONS OTHER THAN UNITED STATES transitional period shall not be retained, ex- the date on which the first Director of the PERSONS TRAVELING INTO THE cept with the approval of the Attorney Gen- National Security Agency takes office on or UNITED STATES. eral if the information indicates a threat of after the date of the enactment of this Act. (a) IN GENERAL.—Section 105 of the Foreign death or serious bodily harm to any person. (2) INCUMBENT.—The individual serving as Intelligence Surveillance Act of 1978 (50 ‘‘(8) The Attorney General shall assess Inspector General of the National Security U.S.C. 1805) is amended— compliance with the requirements of para- Agency on the date of the enactment of this (1) by redesignating subsections (f), (g), (h), graph (7).’’. Act shall be eligible to be appointed by the and (i) as subsections (g), (h), (i), and (j), re- (b) NOTIFICATION OF EMERGENCY EMPLOY- President to a new term of service under sec- spectively; and MENT OF ELECTRONIC SURVEILLANCE.—Section tion 3 of the Inspector General Act of 1978 (5 (2) by inserting after subsection (e) the fol- 106(j) of the Foreign Intelligence Surveil- U.S.C. App.), by and with the advice and con- lowing: lance Act of 1978 (50 U.S.C. 1806(j)) is amend- sent of the Senate.

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.047 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8484 CONGRESSIONAL RECORD — SENATE November 21, 2013 SEC. ll10. ANNUAL REPORTS ON VIOLATIONS were most recently approved by the Attor- (a) or (b) of section 103 of the Foreign Intel- OF LAW OR EXECUTIVE ORDER. ney General have affected the privacy pro- ligence Surveillance Act of 1978 (50 U.S.C. (a) IN GENERAL.—Title V of the National tections that the procedures afford to United 1803). Security Act of 1947 (50 U.S.C. 3091 et seq.) is States persons, to include the protections af- (b) NOTICE OF SUBMISSIONS AND ORDERS.— amended by adding at the end the following: forded to United States persons whose non- (1) SUBMISSION TO FISA COURT.—Notwith- ‘‘SEC. 509. ANNUAL REPORT ON VIOLATIONS OF public communications are incidentally ac- standing any provision of section 103 of the LAW OR EXECUTIVE ORDER. quired by an element of the intelligence Foreign Intelligence Surveillance Act of 1978 ‘‘(a) ANNUAL REPORTS REQUIRED.—Not later community; or (50 U.S.C. 1803), if a covered application is than April 1 of each year, the Director of Na- ‘‘(ii) aspects of the existing procedures im- filed with a FISA Court, the appropriate offi- tional Intelligence shall submit to the con- pair the acquisition, retention, or dissemina- cial shall provide such covered application to gressional intelligence committees a report tion of timely, accurate, and insightful infor- the Board not later than the date of such fil- on violations of law or executive order by mation about the activities, capabilities, ing, provided the provision of such covered personnel of an element of the intelligence plans, and intentions of foreign powers, orga- application does not delay any filing with a community that were identified during the nization, and persons, and their agents; and FISA Court. previous calendar year. ‘‘(B) propose any modifications to existing (2) FISA COURT ORDERS.—Notwithstanding ‘‘(b) ELEMENTS.—Each report required sub- procedures for such element in order to— any provision of section 103 of the Foreign section (a) shall include a description of any ‘‘(i) clarify the guidance such procedures Intelligence Surveillance Act of 1978 (50 violation of law or executive order (including afford to officials responsible for the acquisi- U.S.C. 1803), the appropriate official shall Executive Order No. 12333 (50 U.S.C. 3001 tion, retention, and dissemination of intel- provide to the Board each order of a FISA note)) by personnel of an element of the in- ligence; Court related to a covered application. telligence community in the course of such ‘‘(ii) eliminate unnecessary impediments (c) DISCRETIONARY ASSESSMENT OF THE employment that, during the previous cal- BOARD.— endar year, was determined by the director, to the acquisition, retention, and dissemina- tion of intelligence; or (1) NOTICE OF DECISION TO CONDUCT ASSESS- head, general counsel, or inspector general of MENT.—Upon receipt of a covered application any element of the intelligence community ‘‘(iii) ensure appropriate protections for the privacy of United States persons and per- under subsection (b)(1), the Board shall— to have occurred.’’. (A) elect whether to conduct the assess- (b) CLERICAL AMENDMENT.—The table of sons located inside the United States. ment described in paragraph (3); and sections in the first section of the National ‘‘(4) NOTICE.—The Director of National In- (B) submit to the appropriate official a no- Security Act of 1947 is amended by adding telligence and the Attorney General shall tice of the Board’s election under subpara- after the section relating to section 508 the notify the congressional intelligence com- graph (A). following: mittees following the completion of each re- view required under this section. (2) TIMELY SUBMISSION.—The Board shall in ‘‘Sec. 509. Annual report on violations of law a timely manner prepare and submit to the or executive order.’’. ‘‘(5) REQUIREMENT TO PROVIDE PROCE- DURES.—Upon the implementation of any appropriate official— SEC. ll11. PERIODIC REVIEW OF INTELLIGENCE (A) the notice described in paragraph COMMUNITY PROCEDURES FOR THE modifications to procedures required by sec- tion 2.3 of Executive Order 12333 (50 U.S.C. (1)(B); and ACQUISITION, RETENTION, AND DIS- (B) the associated assessment, if the Board SEMINATION OF INTELLIGENCE. 3001 note), or any successor order, the head elects to conduct such an assessment. (a) IN GENERAL.—Title V of the National of the element of the intelligence commu- Security Act of 1947 (50 U.S.C. 3091 et seq.), nity to which the modified procedures apply (3) CONTENT.—An assessment of a covered as amended by section ll10, is further shall promptly provide a copy of the modi- application prepared by the Board shall ad- amended by adding at the end the following: fied procedures to the congressional intel- dress whether the covered application is bal- anced with the need to protect privacy and ‘‘SEC. 510. PERIODIC REVIEW OF INTELLIGENCE ligence committees.’’. COMMUNITY PROCEDURES FOR THE (b) CLERICAL AMENDMENT.—The table of civil liberties, including adequate super- ACQUISITION, RETENTION, AND DIS- sections in the first section of the National vision and guidelines to ensure protection of SEMINATION OF INTELLIGENCE. Security Act of 1947, as amended by section privacy and civil liberties. ‘‘(a) HEAD OF AN ELEMENT OF THE INTEL- ll10, is further amended by adding after (d) ANNUAL REVIEW.—The Board shall con- LIGENCE COMMUNITY DEFINED.—In this sec- the section relating to section 509 the fol- duct an annual review of the activities of the tion, the term ‘head of an element of the in- lowing: National Security Agency related to infor- mation collection under the Foreign Intel- telligence community’ means, as appro- ‘‘Sec. 510. Periodic review of intelligence ligence Surveillance Act of 1978 (50 U.S.C. priate— community procedures for the ‘‘(1) the head of an element of the intel- 1801 et seq.). acquisition, retention, and dis- (e) PROVISION OF COMMUNICATIONS SERVICES ligence community; or semination of intelligence.’’. ‘‘(2) the head of the department or agency AND OFFICE SPACE TO CERTAIN MEMBERS OF SEC. ll12. PRIVACY AND CIVIL LIBERTIES PRIVACY AND CIVIL LIBERTIES OVERSIGHT containing such element. OVERSIGHT BOARD ENHANCEMENTS ‘‘(b) REVIEW OF PROCEDURES APPROVED BY BOARD.—Section 1061(g) of the Intelligence RELATING TO THE FOREIGN INTEL- Reform and Terrorism Prevention Act of 2004 THE ATTORNEY GENERAL.— LIGENCE SURVEILLANCE ACT OF ‘‘(1) REQUIREMENT FOR IMMEDIATE REVIEW.— 1978. (42 U.S.C. 2000ee(g)) is amended by adding at the end the following: Each head of an element of the intelligence (a) DEFINITIONS.—In this section: ‘‘(5) PROVISION OF COMMUNICATIONS SERV- community that has not obtained the ap- (1) APPROPRIATE OFFICIAL.—The term ‘‘ap- proval of the Attorney General for the proce- propriate official’’ means the appropriate of- ICES AND OFFICE SPACE.—The Director of Na- dures, in their entirety, required by section ficial of an agency or department of the tional Intelligence shall provide to each 2.3 of Executive Order 12333 (50 U.S.C. 3001 United States who is responsible for pre- member of the Board who resides more than note) within 5 years prior to the date of the paring or submitting a covered application. 100 miles from the District of Columbia such communications services and office space as enactment of the FISA Improvements Act of (2) BOARD.—The term ‘‘Board’’ means the 2013, shall initiate, not later than 180 days Privacy and Civil Liberties Oversight Board may be necessary for the member to access after such date of enactment, a review of the established in section 1061 of the Intelligence and use classified information. Such services procedures for such element, in accordance Reform and Terrorism Prevention Act of 2004 and office space shall be located at an exist- with paragraph (3). (42 U.S.C. 2000ee). ing secure government or contractor facility located within the vicinity of such member’s ‘‘(2) REQUIREMENT FOR REVIEW.—Not less (3) COVERED APPLICATION.—The term ‘‘cov- frequently than once every 5 years, each ered application’’ means a submission to a place of residence.’’. head of an element of the intelligence com- FISA Court— SA 2471. Mr. LEAHY (for himself, Ms. munity shall conduct a review of the proce- (A) that— dures approved by the Attorney General for (i) presents a novel or significant interpre- COLLINS, Mr. COONS, Mr. BLUMENTHAL, such element that are required by section 2.3 tation of the law; and Ms. LANDRIEU, Mr. WHITEHOUSE, Mr. of Executive Order 12333 (50 U.S.C. 3001 note), (ii) relates to efforts to protect the United MERKLEY, and Ms. KLOBUCHAR) sub- or any successor order, in accordance with States from terrorism; and mitted an amendment intended to be paragraph (3). (B) that is— proposed by him to the bill S. 1197, to ‘‘(3) REQUIREMENTS FOR REVIEWS.—In co- (i) a final application for an order under authorize appropriations for fiscal year ordination with the Director of National In- title I, III, IV, or V of the Foreign Intel- 2014 for military activities of the De- telligence and the Attorney General, the ligence Surveillance Act of 1978 (50 U.S.C. partment of Defense, for military con- head of an element of the intelligence com- 1801 et seq.) or section 703 or 704 of that Act struction, and for defense activities of munity required to perform a review under (50 U.S.C. 1881b and 1881c); the Department of Energy, to prescribe paragraphs (1) or (2) shall— (ii) a review of a certification or procedure ‘‘(A) review existing procedures for such under section 702 of that Act (50 U.S.C. military personnel strengths for such element that are required by section 2.3 of 1881a); or fiscal year, and for other purposes; Executive Order 12333 (50 U.S.C. 3001 note), or (iii) a notice of non-compliance with such which was ordered to lie on the table; any successor order, to assess whether— an order, certification, or procedures. as follows: ‘‘(i) advances in communications or other (4) FISA COURT.—The term ‘‘FISA Court’’ At the end of subtitle H of title X, add the technologies since the time the procedures means a court established under subsection following:

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.047 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8485 SEC. 1082. BULLETPROOF VEST PARTNERSHIP or Indian tribe may not use funding received (4) in subsection (d)(1), by striking ‘‘Sec- GRANT PROGRAM REAUTHORIZA- under any other Federal grant program to retary of Defense’’ and inserting ‘‘Chief of TION. pay or defer the cost, in whole or in part, of the National Guard Bureau’’; (a) SHORT TITLE.—This section may be the matching requirement under paragraph (5) in subsection (e), by striking ‘‘Sec- cited as the ‘‘Bulletproof Vest Partnership (1).’’. retary of Defense’’ and inserting ‘‘Chief of Grant Program Reauthorization Act of 2013’’. (g) APPLICATION OF BULLETPROOF VEST the National Guard Bureau’’; (b) FINDINGS.—Congress finds that— PARTNERSHIP GRANT PROGRAM REQUIREMENTS (6) in subsection (f)(1), by striking ‘‘Sec- (1) according to a report published by the TO ANY ARMOR VEST OR BODY ARMOR PUR- retary of Defense’’ and inserting ‘‘Chief of Government Accountability Office— CHASED WITH FEDERAL GRANT FUNDS.—Sec- (A) since 1987, body armor has saved the the National Guard Bureau’’; tion 521 of title I of the Omnibus Crime Con- lives of more than 3,000 law enforcement offi- (7) in subsection (k)— trol and Safe Streets Act of 1968 (42 U.S.C. cers, and continues to serve as a critical (A) by striking ‘‘Secretary of Defense’’ and 3766a) is amended by adding at the end the safety measure for law enforcement officers; inserting ‘‘Chief of the National Guard Bu- following: and reau’’; and ‘‘(c)(1) Notwithstanding any other provi- (B) law enforcement officers who do not (B) by striking ‘‘Secretary’’ and inserting sion of law, a grantee that uses funds made wear body armor are 3.4 times more likely to ‘‘Chief of the National Guard Bureau’’; and available under this part to purchase an sustain a fatal injury from a gunshot to the (8) in subsection (m), by striking ‘‘Sec- armor vest or body armor shall— torso than officers who do; retary of Defense’’ and inserting ‘‘Chief of ‘‘(A) comply with any requirements estab- (2) during the tragic shooting at the Wash- the National Guard Bureau’’. lished for the use of grants made under part ington Navy Yard Naval Sea Systems Com- Y; mand on September 16, 2013, a Washington, SA 2473. Mr. UDALL of Colorado (for ‘‘(B) have a written policy requiring uni- D.C. law enforcement officer was shot twice himself and Mr. BLUNT) submitted an formed patrol officers to wear an armor vest in the torso and was saved by his protective or body armor; and amendment intended to be proposed by vest; ‘‘(C) use the funds to purchase armor vests him to the bill S. 1197, to authorize ap- (3) in 2012, protective vests were directly or body armor that meet any performance propriations for fiscal year 2014 for responsible for saving the lives of at least 33 standards established by the Director of the military activities of the Department law enforcement officers; Bureau of Justice Assistance. (4) body armor is an effective tool in help- of Defense, for military construction, ‘‘(2) In this subsection, the terms ‘armor ing to protect law enforcement officers; and and for defense activities of the De- vest’ and ‘body armor’ have the same mean- (5) since 1999, the Bulletproof Vest Partner- partment of Energy, to prescribe mili- ings given the terms in section 2503.’’. ship has helped State and local law enforce- (h) UNIQUELY FITTED ARMOR VESTS.—Sec- tary personnel strengths for such fiscal ment agencies purchase more than 1,000,000 tion 2501(c) of title I of the Omnibus Crime year, and for other purposes; which was protective vests. Control and Safe Streets Act of 1968 (42 ordered to lie on the table; as follows: (c) EXTENSION OF AUTHORIZATION OF APPRO- U.S.C. 3796ll(c)) is amended— PRIATIONS FOR BULLETPROOF VEST PARTNER- At the end of subtitle G of title X, add the (1) in paragraph (2), by striking ‘‘and’’ at SHIP GRANT PROGRAM.—Section 1001(a)(23) of following: the end; title I of the Omnibus Crime Control and SEC. 1066. REPORT ON HEALTH AND SAFETY Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) (2) in paragraph (3), by striking ‘‘; or’’ and RISKS ASSOCIATED WITH EJECTION is amended by striking ‘‘part Y,’’ and all inserting ‘‘; and’’; SEATS. (3) by redesignating paragraph (4) as para- that follows and inserting the following: (a) REPORT.—Not later than 180 days after ‘‘part Y— graph (5); and the date of the enactment of this Act, the ‘‘(A) $15,000,000 for each of fiscal years 2014 (4) by inserting after paragraph (3) the fol- Secretary of the Air Force shall submit to and 2015; and lowing: the congressional defense committees a re- ‘‘(B) $30,000,000 for each of fiscal years 2016, ‘‘(4) provides armor vests to law enforce- port setting forth an assessment of the risks 2017, and 2018.’’. ment officers that are uniquely fitted for to the health and safety of members of the (d) EXPIRATION OF PREVIOUSLY APPRO- such officers, including vests uniquely fitted Armed Forces of the ejection seats currently PRIATED FUNDS.—Section 2501 of title I of the to individual female law enforcement offi- in operational use by the Air Force. cers; or’’. Omnibus Crime Control and Safe Streets Act (b) ELEMENTS.—The report required by sub- of 1968 (42 U.S.C. 3796ll) is amended by adding SA 2472. Ms. LANDRIEU (for herself section (a) shall include the following: at the end the following: (1) An assessment whether aircrew mem- ‘‘(h) EXPIRATION OF PREVIOUSLY APPRO- and Ms. AYOTTE) submitted an amend- bers wearing advanced helmets, night vision PRIATED FUNDS.— ment intended to be proposed by her to systems, helmet-mounted cueing systems, or ‘‘(1) DEFINITION.—In this subsection, the the bill S. 1197, to authorize appropria- other helmet-mounted devices or attach- term ‘previously appropriated funds’ means tions for fiscal year 2014 for military ments are at increased risk of serious injury any amounts that— or death during a high-speed ejection se- ‘‘(A) were appropriated for any of fiscal activities of the Department of De- quence. years 1999 through 2012 to carry out this fense, for military construction, and (2) An analysis of how ejection seats cur- part; and for defense activities of the Depart- rently in operational use provide protection ‘‘(B) on the date of enactment of the Bul- ment of Energy, to prescribe military against head, neck, and spinal cord injuries letproof Vest Partnership Grant Program personnel strengths for such fiscal during an ejection sequence. Reauthorization Act of 2013, are available to year, and for other purposes; which was (3) An analysis of initiatives currently un- be expended and have not been expended, in- ordered to lie on the table; as follows: derway within the Air Force to decrease the cluding funds that were previously obligated Strike section 509 and insert the following: risk of death or serious injury in an ejection but undisbursed. SEC. 509. NATIONAL GUARD YOUTH CHALLENGE sequence. ‘‘(2) EXPIRATION.—All previously appro- PROGRAM. (4) An analysis of programs or initiatives priated funds that are not expended by Sep- Section 509 of title 32, United States Code, not currently underway within the Air Force tember 30, 2015 shall be transferred to the is amended— that could decrease the risk of death or seri- General Fund of the Treasury not later than (1) in subsection (a), by striking ‘‘Sec- ous injury in an ejection sequence. January 15, 2016.’’. retary of Defense may use’’ and inserting (5) The status of any testing or qualifica- (e) SENSE OF CONGRESS ON 2-YEAR LIMITA- ‘‘Chief of the National Guard Bureau shall TION ON FUNDS.—It is the sense of Congress tions on upgraded ejection seats that may that amounts made available to carry out use’’; reduce the risk of death or serious injury in part Y of title I of the Omnibus Crime Con- (2) in subsection (b)— an ejection sequence. trol and Safe Streets Act of 1968 (42 U.S.C. (A) by striking ‘‘Secretary of Defense’’ 3796ll et seq.) should be made available each place it appears and inserting ‘‘Chief of SA 2474. Mr. TESTER (for himself through the end of the first fiscal year fol- the National Guard Bureau’’; and Mrs. MCCASKILL) submitted an lowing the fiscal year for which the amounts (B) in paragraph (2)— amendment intended to be proposed by (i) in the matter preceding subparagraph are appropriated and should not be made him to the bill S. 1197, to authorize ap- available until expended. (A), by striking ‘‘Secretary’’ and inserting (f) MATCHING FUNDS LIMITATION.—Section ‘‘Chief of the National Guard Bureau’’; and propriations for fiscal year 2014 for 2501(f) of title I of the Omnibus Crime Con- (ii) in subparagraph (A), by striking ‘‘, ex- military activities of the Department trol and Safe Streets Act of 1968 (42 U.S.C. cept that’’ and all that follows through of Defense, for military construction, 3796ll(f)) is amended— ‘‘$62,500,000’’; and and for defense activities of the De- (1) by redesignating paragraph (3) as para- (C) in paragraph (4), by striking ‘‘Secretary partment of Energy, to prescribe mili- graph (4); and may use’’ and inserting ‘‘Chief of the Na- tary personnel strengths for such fiscal (2) by inserting after paragraph (2) the fol- tional Guard Bureau shall use’’; year, and for other purposes; which was lowing: (3) in subsection (c)(2), by striking ‘‘Sec- ‘‘(3) LIMITATION ON STATE MATCHING retary’’ and inserting ‘‘Chief of the National ordered to lie on the table; as follows: FUNDS.—A State, unit of local government, Guard Bureau’’; At the end of title XI, add the following:

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.048 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8486 CONGRESSIONAL RECORD — SENATE November 21, 2013 SEC. 1109. DUE PROCESS FOR FEDERAL EMPLOY- (B) committed to rejecting terrorism, and conduct activities pursuant to subsection EES SERVING IN SENSITIVE POSI- cooperating with international counterter- (a). TIONS. rorism and nonproliferation efforts; (h) THIRD COUNTRY ASSISTANCE.—The Sec- (a) AMENDMENTS.—Section 7701 of title 5, (C) opposed to sectarian violence and re- retary of Defense may provide assistance to United States Code, is amended— venge killings; a third country to conduct training under (1) by redesignating subsection (k) as sub- (D) committed to establishing a peaceful, subsection (a). section (l); and pluralistic, and democratic Syria that re- (i) SUNSET PROVISION.—Unless specifically (2) by inserting after subsection (j) the fol- spects the human rights and fundamental renewed, the authority described in sub- lowing: freedoms of all its citizens; and section (a) shall terminate on December 31, ‘‘(k)(1) The Board has authority to review (E) committed to civilian rule, including 2015. on the merits an appeal by an employee or subordinating the military to civilian au- (j) APPROPRIATE CONGRESSIONAL COMMIT- applicant for employment of an action aris- thority, and the rule of law for Syria; TEES DEFINED.—In this section, the term ing from a determination that the employee (2) assistance shall be provided in a manner ‘‘appropriate congressional committees’’ or applicant for employment is ineligibility that promotes observance of and respect for means— for a sensitive position if— human rights and fundamental freedoms, (1) the congressional defense committees; ‘‘(A) the sensitive position does not require military professionalism, respect for rule of and a security clearance or access to classified law and the importance of civilian control of (2) the Committee on Foreign Relations of information; and the military, rejection of terrorism and ex- the Senate and the Committee on Foreign ‘‘(B) such action is otherwise appealable. tremism, and safeguarding the distribution ‘‘(2) In this subsection, the term ‘sensitive Affairs of the House of Representatives. of humanitarian aid; and position’ means a position designated as a (3) assistance provided under this section sensitive position under Executive Order SA 2476. Ms. WARREN (for herself to any specific individual or entity shall im- 10450 (5 U.S.C. 7311 note), or any successor and Mr. RUBIO) submitted an amend- mediately be terminated if the United States thereto.’’. ment intended to be proposed by her to Government receives credible information (b) EFFECTIVE DATE.—The amendments the bill S. 1197, to authorize appropria- made by this section shall apply to any ap- that demonstrates that such individual or entity is not in compliance with the terms tions for fiscal year 2014 for military peal that is pending on, or commenced on or activities of the Department of De- after, the date of enactment of this Act. defined in this subsection. (e) RESTRICTION ON ANTI-AIRCRAFT DEFEN- fense, for military construction, and SA 2475. Mr. MCCAIN (for himself, SIVE SYSTEMS.—In addition to the require- for defense activities of the Depart- ments provided in subsection (d), anti-air- Mr. LEVIN, and Mr. COONS) submitted ment of Energy, to prescribe military craft defensive systems may only be trans- personnel strengths for such fiscal an amendment intended to be proposed ferred as part of the assistance authorized by him to the bill S. 1197, to authorize under subsection (b) if the Secretary cer- year, and for other purposes; which was appropriations for fiscal year 2014 for tifies to the appropriate congressional com- ordered to lie on the table; as follows: military activities of the Department mittees not later than 15 days before pro- At the end of subtitle H of title X, add the of Defense, for military construction, viding such systems that— following: and for defense activities of the De- (1) the provision of such systems is in the SEC. 1083. PROTECTION OF INDIVIDUALS ELIGI- partment of Energy, to prescribe mili- national security interest of the United BLE FOR INCREASED PENSION States; UNDER LAWS ADMINISTERED BY tary personnel strengths for such fiscal (2) the individual to whom anti-aircraft de- SECRETARY OF VETERANS AFFAIRS year, and for other purposes; which was fensive systems are planned to be provided ON BASIS OF NEED FOR REGULAR ordered to lie on the table; as follows: and the unit or entity of which such indi- AID AND ATTENDANCE. At the end of subtitle A of title XII, add vidual is a member, including the senior (a) DEVELOPMENT AND IMPLEMENTATION OF the following: leaders of that unit or entity, have no oper- STANDARDS.— (1) IN GENERAL.—The Secretary of Veterans SEC. 1208. ASSISTANCE TO FOSTER NEGOTIATED ational ties and no ongoing operational co- SETTLEMENT TO SYRIA CONFLICT. ordination with an organization or person Affairs shall work with the heads of Federal (a) STATEMENT OF POLICY.—It is the policy that has been designated as a foreign ter- agencies, States, and such experts as the of the United States to change the military rorist organization pursuant to section 219 of Secretary considers appropriate to develop momentum on the battlefield in Syria so as the Immigration and Nationality Act (8 and implement Federal and State standards to create favorable conditions for a nego- U.S.C. 1189); that protect individuals from dishonest, tiated settlement that ends the conflict and (3) all necessary steps have been taken to predatory, or otherwise unlawful practices leads to a democratic government in Syria. mitigate the risks to United States national relating to increased pension available to (b) AUTHORITY TO PROVIDE ASSISTANCE.— security and the national security of United such individuals under chapter 15 of title 38, Subject to the requirements in subsections States partners and allies associated with United States Code, on the basis of need for (d) and (e), the Secretary of Defense may, the transfer of such systems, and to ensure regular aid and attendance. with the concurrence of the Secretary of effective end use monitoring, including ap- (2) SUBMITTAL TO CONGRESS.—Not later State, provide equipment, supplies, and propriate disposition of systems; and than 180 days after the date of the enactment training to vetted units of the Free Syrian (4) the United States has consulted with of this Act, the Secretary shall submit to the Army, the Supreme Military Council, and regional partners and allies regarding the Committee on Veterans’ Affairs of the Sen- other Syrian forces opposed to the govern- systems provided. ate and the Committee on Veterans’ Affairs ment of Bashar al-Assad and the Islamic (f) REPORTING REQUIREMENT.—Not later of the House of Representatives the stand- State of Iraq and Syria (ISIS) for the purpose than 90 days after the date of the enactment ards developed under paragraph (1). of conducting military operations inside of this Act, the Secretary of Defense shall (b) CONDITIONAL RECOMMENDATION BY COMP- Syria, with funds made available for foreign submit to the appropriate congressional TROLLER GENERAL.—If the Secretary does assistance. committees a classified report on— not, on or before the date that is 180 days (c) FUNDING.—Not more than $100,000,000 of (1) vetting procedures to satisfy the certifi- after the date of the enactment of this Act, the amounts authorized to be appropriated cation requirement in subsection (d)(1); submit to the Committee on Veterans’ Af- by this Act or otherwise made available for (2) an assessment of the current military fairs of the Senate and the Committee on the Department of Defense for fiscal year capacity of opposition forces that are or Veterans’ Affairs of the House of Representa- 2014 may be used to implement the authority would be receiving assistance; tives standards that are developed under sub- provided under subsection (b). (3) an assessment of the ability of opposi- section (a)(1), the Comptroller General of the (d) CERTIFICATION REQUIREMENT.—Not later tion groups to conduct effective military op- United States shall, not later than the date than 15 days before obligating or providing erations and establish effective military con- that is 1 year after the date of the enactment the assistance as authorized in subsection trol over Syria; of this Act, submit to such committees a re- (b), the Secretary shall certify to the appro- (4) a description of the financial and mate- port containing standards that the Comp- priate congressional committees that— rial resources currently available to opposi- troller General determines are standards (1) based on the information available to tion forces; that would be effective in protecting individ- the United States Government, the unit or (5) an assessment of the extent to which uals as described in such subsection. units, including the senior leaders of such the program is making progress in achieving (c) STUDY BY COMPTROLLER GENERAL.—Not unit or units, to whom assistance is being the stated policy in subsection (a), and fur- later than 540 days after the date of the en- provided, or is planned to be provided, is— thering the interests of the United States; actment of this Act, the Comptroller General (A) not an organization or person that has and of the United States shall complete a study been designated as a foreign terrorist organi- (6) an outline of the plan to provide assist- on standards implemented under this section zation pursuant to section 219 of the Immi- ance to vetted armed opposition that com- to protect individuals as described in sub- gration and Nationality Act (8 U.S.C. 1189) or plies with the vetting procedures outlined in section (a)(1) and submit to the Committee a ‘‘Specifically Designated Global Terrorist’’ paragraph (1). on Veterans’ Affairs of the Senate and the pursuant to Executive Order 13224 (66 Fed. (g) DONATIONS.—The Secretary of Defense Committee on Veterans’ Affairs of the House Reg. 49079); may accept donations from foreign states to of Representatives a report containing the

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.048 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8487 findings of the Comptroller General with re- chant marine, both ships and mariners, serve TITLE XVI—MILITARY VOTING spect to such study. as a naval auxiliary in times of war or na- SEC. 1601. SHORT TITLE. tional emergency. This title may be cited as the ‘‘Protect SA 2477. Mr. WYDEN submitted an (2) It is important to augment the readi- Military and Overseas Voters Act’’. ness of the United States merchant fleet amendment intended to be proposed by Subtitle A—Absent Uniformed Services with a Government-owned reserve fleet com- him to the bill S. 1197, to authorize ap- Voters and Overseas Voters prised of ships with national defense features propriations for fiscal year 2014 for SEC. 1611. SHORT TITLE. military activities of the Department that may not be available immediately in sufficient numbers or types in the active This subtitle may be cited as the ‘‘Absent of Defense, for military construction, United States-owned, United States-flagged, Uniformed Services Voters and Overseas and for defense activities of the De- and United States-crewed commercial indus- Voters Act’’. partment of Energy, to prescribe mili- try. SEC. 1612. EXTENDING GUARANTEE OF RESI- tary personnel strengths for such fiscal (3) The Ready Reserve Force of the Mari- DENCY FOR VOTING PURPOSES TO FAMILY MEMBERS OF ABSENT MILI- year, and for other purposes; which was time Administration, a component of the Na- TARY PERSONNEL. ordered to lie on the table; as follows: tional Defense Reserve Fleet, plays an im- (a) IN GENERAL.—Subsection (b) of section portant role in United States national secu- At the end of subtitle C of title XII, add 705 of the Servicemembers Civil Relief Act rity by providing necessary readiness and ef- the following: (50 U.S.C. App. 595) is amended— ficiency in the form of a Government-owned (1) by striking ‘‘a person who is absent SEC. 1237. REPORT ON TEAR GAS AND OTHER sealift fleet. RIOT CONTROL ITEMS TRANS- from a State because the person is accom- FERRED OR SOLD BY THE DEPART- (4) A successful dual-use vessel program panying the persons’s spouse who is absent MENT OF DEFENSE TO FOREIGN could provide— from that same State in compliance with GOVERNMENTS. (A) private sector benefits for the domestic military or naval orders shall not, solely by Not later than 180 days after the date of shipbuilding and maritime freight indus- reason of that absence’’ and inserting ‘‘a de- the enactment of this Act, the Secretary of tries; and pendent of a person who is absent from a Defense shall submit to Congress a report on (B) an opportunity to outfit vessels with State in compliance with military orders the tear gas and other riot control items natural gas engines, lowering long-term fuel shall not, solely by reason of absence, wheth- transferred or sold by the Department of De- costs and emissions. er or not accompanying that person’’; and fense to foreign governments during the five- (b) SENSE OF CONGRESS.—It is the sense of (2) in the heading by striking ‘‘SPOUSES’’ year period ending on the date of the report. Congress that— and inserting ‘‘DEPENDENTS’’. (1) the United States should maintain a (b) CONFORMING AMENDMENT.—The heading SA 2478. Mr. REED (for himself and shipbuilding base to meet United States na- of section 705 of such Act (50 U.S.C. App 595) Mr. WHITEHOUSE) submitted an amend- tional security requirements; is amended by striking ‘‘SPOUSES’’ and in- ment intended to be proposed by him (2) the Ready Reserve Force of the Mari- serting ‘‘DEPENDENTS’’. to the bill S. 1197, to authorize appro- time Administration should remain capable, (c) EFFECTIVE DATE.—The amendments priations for fiscal year 2014 for mili- modern, and efficient in order to best serve made by this section shall apply with respect to absences from States described in section tary activities of the Department of the national security needs of the United States in times of war or national emer- 705(b) of the Servicemembers Civil Relief Act Defense, for military construction, and gency; (50 U.S.C. App. 595(b)), as amended by sub- for defense activities of the Depart- (3) Federal agencies should consider invest- section (a), after the date of the enactment ment of Energy, to prescribe military ment options for replacing aging vessels of this Act, regardless of the date of the mili- personnel strengths for such fiscal within the Ready Reserve Force to meet fu- tary orders concerned. year, and for other purposes; which was ture operational commitments; and SEC. 1613. PRE-ELECTION REPORTS ON AVAIL- ordered to lie on the table; as follows: (4) investment in recapitalizing the Ready ABILITY AND TRANSMISSION OF AB- Reserve Force should include— SENTEE BALLOTS. At the end of subtitle E of title XXVIII, Section 102(c) of the Uniformed and Over- add the following: (A) construction of dual-use vessels, based on need, for use in the America’s Marine seas Citizens Absentee Voting Act (42 U.S.C. SEC. 2842. FOX POINT HURRICANE BARRIER, Highway Program of the Department of 1973ff-1(c)) is amended to read as follows: PROVIDENCE, RHODE ISLAND. Transportation, as a recent study performed ‘‘(c) REPORTS ON TRANSMISSION AND RE- Section 2866(a) of the John Warner Na- under a cooperative agreement between the CEIPT OF ABSENTEE BALLOTS.— tional Defense Authorization Act for Fiscal Maritime Administration and the Navy dem- ‘‘(1) IN GENERAL.—Not later than 90 days Year 2007 (Public Law 109–364; 120 Stat. 2499) onstrated that dual-use vessels transporting after the date of each regularly scheduled is amended by striking ‘‘operation and main- domestic freight between United States general election for Federal office, each tenance of the Fox Point Hurricane Barrier ports could be called upon to supplement State and unit of local government which ad- in Providence, Rhode Island.’’ and inserting sealift capacity; ministered the election shall (through the ‘‘operation and maintenance of the Fox (B) construction of tanker vessels to meet State, in the case of a unit of local govern- Point Hurricane Barrier in Providence, military transport needs; and ment) submit a report to the Attorney Gen- Rhode Island, including operation and main- (C) construction of vessels for use in trans- eral, the Commission, and the Presidential tenance in support of public events requiring porting potential new energy exports. Designee with respect to the transmission specific river elevations in the City of Provi- to, and receipt of absentee ballots from, uni- dence, Rhode Island, except that the City of (c) REPORT.—Not later than 180 days after formed services voters and overseas voters Providence shall be responsible for paying to the date of the enactment of this Act, the for such election, and shall make such report the New England District the costs incurred Secretary of Transportation and the Sec- available to the general public that same by the District for carrying out operation retary of the Navy, jointly, shall submit to day. and maintenance activities required for such the congressional defense committees and ‘‘(2) MATTERS INCLUDED.—The report under public events.’’. the Committee on Commerce, Science, and paragraph (1) shall include the following in- Transportation of the Senate a report on the formation: SA 2479. Mr. WARNER submitted an cost-effectiveness of the recapitalizing meth- ‘‘(A) The combined number of absentee bal- amendment intended to be proposed by ods for the Ready Reserve Force described lots transmitted to absent uniformed serv- him to the bill S. 1197, to authorize ap- under subsection (b)(4) that includes an as- ices voters and overseas voters for the elec- sessment of the risks involved with Federal tion and the combined number of such bal- propriations for fiscal year 2014 for financing of dual-use vessels. military activities of the Department lots which were returned by such voters and of Defense, for military construction, cast in the election. ‘‘(B) Whether the State failed to transmit and for defense activities of the De- SA 2480. Mrs. GILLIBRAND sub- mitted an amendment intended to be any absentee ballots to such voters before partment of Energy, to prescribe mili- the date that is 46 days before the election, tary personnel strengths for such fiscal proposed by her to the bill S. 1197, to and the reason for any such failure.’’. authorize appropriations for fiscal year year, and for other purposes; which was SEC. 1614. ENFORCEMENT. ordered to lie on the table; as follows: 2014 for military activities of the De- (a) AVAILABILITY OF CIVIL PENALTIES AND At the end of title XXXV, add the fol- partment of Defense, for military con- PRIVATE RIGHTS OF ACTION.—Section 105 of lowing: struction, and for defense activities of the Uniformed and Overseas Citizens Absen- SEC. 3502. REPORT ON THE READY RESERVE the Department of Energy, to prescribe tee Voting Act (42 U.S.C. 1973ff—4) is amend- FORCE OF THE MARITIME ADMINIS- military personnel strengths for such ed to read as follows: TRATION. fiscal year, and for other purposes; ‘‘SEC. 105. ENFORCEMENT. (a) FINDINGS.—Congress finds the fol- which was ordered to lie on the table; ‘‘(a) ACTION BY ATTORNEY GENERAL.— lowing: as follows: ‘‘(1) IN GENERAL.—The Attorney General (1) It is in the interest of United States na- may bring civil action in an appropriate dis- tional security that the United States mer- At the end of division A, add the following: trict court for such declaratory or injunctive

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.048 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8488 CONGRESSIONAL RECORD — SENATE November 21, 2013 relief as may be necessary to carry out this ing Act (42 U.S.C. 1973ff-3) is amended to read the services provided by voter registration title. as follows: agencies under section 7(a): ‘‘(2) PENALTY.—In a civil action brought ‘‘SEC. 104. USE OF SINGLE APPLICATION FOR ‘‘(A) Online application for voter registra- under paragraph (1), if the court finds that SUBSEQUENT ELECTIONS. tion. the State violated any provision of this title, ‘‘(a) IN GENERAL.—If a State accepts and ‘‘(B) Online assistance to applicants in ap- it may, to vindicate the public interest, as- processes a request for an absentee ballot by plying to register to vote. sess a civil penalty against the State— an absent uniformed services voter or over- ‘‘(C) Online completion and submission by ‘‘(A) in an amount not to exceed $30,000 for seas voter and the voter requests that the applicants of the mail voter registration ap- each such violation, in the case of a first vio- application be considered an application for plication form prescribed by the Election As- lation; or an absentee ballot for each subsequent elec- sistance Commission pursuant to section ‘‘(B) in an amount not to exceed $60,000 for tion for Federal office held in the State 9(a)(2), including assistance with providing a each such violation, for any subsequent vio- through the next regularly scheduled general signature in electronic form as required lation. election for Federal office (including any under subsection (c). ‘‘(3) REPORT TO CONGRESS.—Not later than runoff elections which may occur as a result ‘‘(D) Online receipt of completed voter reg- December 31 of each year, the Attorney Gen- of the outcome of such general election), the istration applications. eral shall submit to Congress an annual re- State shall provide an absentee ballot to the ‘‘(b) ACCEPTANCE OF COMPLETED APPLICA- port on any civil action brought under para- voter for each such subsequent election. TIONS.—A State shall accept an online voter registration application provided by an indi- graph (1) during the preceding year. ‘‘(b) EXCEPTION FOR VOTERS CHANGING REG- ‘‘(b) STATE AS ONLY NECESSARY DEFEND- vidual under this section, and ensure that ISTRATION.—Subsection (a) shall not apply the individual is registered to vote in the ANT.—In any action brought under this sec- with respect to a voter registered to vote in tion, the only necessary party defendant is State, if— a State for any election held after the voter the State, and it shall not be a defense to ‘‘(1) the individual meets the same voter notifies the State that the voter no longer any such action that a local election official registration requirements applicable to indi- wishes to be registered to vote in the State or a unit of local government is not named viduals who register to vote by mail in ac- or after the State determines that the voter as a defendant, notwithstanding that a State cordance with section 6(a)(1) using the mail has registered to vote in another State or is has exercised the authority described in sec- voter registration application form pre- tion 576 of the Military and Overseas Voter otherwise no longer eligible to vote in the scribed by the Election Assistance Commis- Empowerment Act to delegate to another ju- State. sion pursuant to section 9(a)(2); and risdiction in the State any duty or responsi- ‘‘(c) PROHIBITION OF REFUSAL OF APPLICA- ‘‘(2) the individual provides a signature in bility which is the subject of an action TION ON GROUNDS OF EARLY SUBMISSION.—A electronic form in accordance with sub- brought under this section.’’. State may not refuse to accept or to process, section (c) (but only in the case of applica- (b) EFFECTIVE DATE.—The amendments with respect to any election for Federal of- tions submitted during or after the second made by this section shall apply with respect fice, any otherwise valid voter registration year in which this section is in effect in the to violations alleged to have occurred on or application or absentee ballot application State). after the date of the enactment of this Act. (including the postcard form prescribed ‘‘(c) SIGNATURES IN ELECTRONIC FORM.—For SEC. 1615. REVISIONS TO 45-DAY ABSENTEE BAL- under section 101) submitted by an absent purposes of this section, an individual pro- LOT TRANSMISSION RULE. uniformed services voter or overseas voter vides a signature in electronic form by— (a) MODIFICATION OF TIME-PERIOD TO AVOID on the grounds that the voter submitted the ‘‘(1) electronically signing the document in WEEKEND DEADLINES.—Section 102(a)(8) of application before the first date on which the the manner required by the State for pur- the Uniformed and Overseas Citizens Absen- State otherwise accepts or processes such ap- poses of submitting online applications for tee Voting Act (42 U.S.C. 1973ff—1(a)(8)(A)) is plications for that election which are sub- voter registration before the date of the en- amended by striking ‘‘45 days’’ each place it mitted by absentee voters who are not mem- actment of this section; appears and inserting ‘‘46 days’’. bers of the uniformed services or overseas ‘‘(2) executing a computerized mark in the (b) REQUIRING USE OF EXPRESS DELIVERY IN citizens.’’. signature field on an online voter registra- CASE OF FAILURE TO MEET REQUIREMENT.— (b) EFFECTIVE DATE.—The amendment tion application; or Section 102 of such Act (42 U.S.C. 1973ff—1) is made by subsection (a) shall apply with re- ‘‘(3) submitting with the application an amended by adding at the end the following spect to voter registration and absentee bal- electronic copy of the individual’s hand- new subsection: lot applications which are submitted to a ‘‘(j) REQUIRING USE OF EXPRESS DELIVERY written signature through electronic means. State or local election official on or after the ‘‘(d) PROVISION OF SERVICES IN NON- IN CASE OF FAILURE TO TRANSMIT BALLOTS date of the enactment of this Act. PARTISAN MANNER.—The services made avail- WITHIN DEADLINES.— SEC. 1617. APPLICABILITY TO COMMONWEALTH able under subsection (a) shall be provided in ‘‘(1) TRANSMISSION OF BALLOT BY EXPRESS OF THE NORTHERN MARIANA IS- a manner that ensures that, consistent with DELIVERY.—If a State fails to meet the re- LANDS. section 7(a)(5)— quirement of subsection (a)(8)(A) to transmit Paragraph (6) and (8) of section 107 of the ‘‘(1) the online application does not seek to a validly requested absentee ballot to an ab- Uniformed and Overseas Citizens Absentee sent uniformed services voter or overseas influence an applicant’s political preference Voting Act (42 U.S.C. 1973ff–6(6)) are each voter not later than 46 days before the elec- or party registration; and amended by striking ‘‘and American Samoa’’ tion (in the case in which the request is re- ‘‘(2) there is no display on the website pro- and inserting ‘‘American Samoa, and the ceived at least 46 days before the election) moting any political preference or party al- Commonwealth of the Northern Mariana Is- and no waiver is granted under subsection legiance, except that nothing in this para- lands’’. (g)— graph may be construed to prohibit an appli- ‘‘(A) the State shall transmit the ballot to SEC. 1618. EFFECTIVE DATE. cant from registering to vote as a member of the voter by express delivery; or Except as otherwise provided in this sub- a political party. ROTECTION OF SECURITY OF INFORMA- ‘‘(B) in the case of a voter who has des- title, the amendments made by this subtitle ‘‘(e) P TION.—In meeting the requirements of this ignated that absentee ballots be transmitted shall apply with respect to elections occur- section, the State shall establish appropriate electronically in accordance with subsection ring on or after January 1, 2014. technological security measures to prevent (f)(1), the State shall transmit the ballot to Subtitle B—Voter Registration Modernization to the greatest extent practicable any unau- the voter electronically. SEC. 1621. SHORT TITLE. thorized access to information provided by ‘‘(2) SPECIAL RULE FOR TRANSMISSION FEWER This subtitle may be cited as the ‘‘Voter individuals using the services made available THAN 40 DAYS BEFORE THE ELECTION.—If, in Registration Modernization Act’’. under subsection (a). carrying out paragraph (1), a State transmits ‘‘(f) USE OF ADDITIONAL TELEPHONE-BASED an absentee ballot to an absent uniformed SEC. 1622. REQUIRING AVAILABILITY OF INTER- NET FOR VOTER REGISTRATION. SYSTEM.—A State shall make the services services voter or overseas voter fewer than 40 (a) REQUIRING AVAILABILITY OF INTERNET made available online under subsection (a) days before the election and no waiver is FOR REGISTRATION.—The National Voter Reg- available through the use of an automated granted under subsection (g), the State shall istration Act of 1993 (42 U.S.C. 1973gg et seq.) telephone-based system, subject to the same enable the ballot to be returned by the voter is amended by inserting after section 6 the terms and conditions applicable under this by express delivery, except that in the case following new section: section to the services made available on- of an absentee ballot of an absent uniformed line, in addition to making the services services voter for a regularly scheduled gen- ‘‘SEC. 6A. INTERNET REGISTRATION. available online in accordance with the re- eral election for Federal office, the State ‘‘(a) REQUIRING AVAILABILITY OF INTERNET quirements of this section. may satisfy the requirement of this para- FOR ONLINE REGISTRATION.— ‘‘(g) NONDISCRIMINATION AMONG REG- graph by notifying the voter of the proce- ‘‘(1) AVAILABILITY OF ONLINE REGISTRA- ISTERED VOTERS USING MAIL AND ONLINE dures for the collection and delivery of such TION.—Each State, acting through the chief REGISTRATION.—In carrying out this Act, the ballots under section 103A.’’. State election official, shall ensure that the Help America Vote Act of 2002, or any other SEC. 1616. USE OF SINGLE ABSENTEE BALLOT AP- following services are available to the public Federal, State, or local law governing the PLICATION FOR SUBSEQUENT ELEC- at any time on the official public websites of treatment of registered voters in the State TIONS. the appropriate State and local election offi- or the administration of elections for public (a) IN GENERAL.—Section 104 of the Uni- cials in the State, in the same manner and office in the State, a State shall treat a reg- formed and Overseas Citizens Absentee Vot- subject to the same terms and conditions as istered voter who registered to vote online in

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.049 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8489 accordance with this section in the same (1) in the first sentence, by inserting after tion official (or any agent of such an official, manner as the State treats a registered voter ‘‘return the card’’ the following: ‘‘or update including a contractor) to any person who who registered to vote by mail.’’. the registrant’s information on the comput- does not require the address to carry out (b) TREATMENT AS INDIVIDUALS REG- erized Statewide voter registration list using such official duties and who is not under the ISTERING TO VOTE BY MAIL FOR PURPOSES OF the online method provided under section direct supervision and control of a State or FIRST-TIME VOTER IDENTIFICATION REQUIRE- 303(a)(6) of the Help America Vote Act of local election official.’’. MENTS.—Section 303(b)(1)(A) of the Help 2002’’; and (b) REQUIRING PROVISION OF INFORMATION America Vote Act of 2002 (42 U.S.C. (2) in the second sentence, by striking ‘‘re- BY ELECTION OFFICIALS.—Section 302(b) of 15483(b)(1)(A)) is amended by striking ‘‘by turned,’’ and inserting the following: ‘‘re- the Help America Vote Act of 2002 (42 U.S.C. mail’’ and inserting ‘‘by mail or online under turned or if the registrant does not update 15482(b)) is amended by adding at the end the section 6A of the National Voter Registra- the registrant’s information on the comput- following new paragraph: tion Act of 1993’’. erized Statewide voter registration list using ‘‘(3) PROVISION OF OTHER INFORMATION BY (c) CONFORMING AMENDMENTS.— such online method,’’. ELECTRONIC MAIL.—If an individual who is a (1) TIMING OF REGISTRATION.—Section registered voter has provided the State or 8(a)(1) of the National Voter Registration SEC. 1624. STUDY ON BEST PRACTICES FOR INTERNET REGISTRATION. local election official with an electronic Act of 1993 (42 U.S.C. 1973gg–6(a)(1)) is amend- (a) IN GENERAL.—The Director of the Na- mail address for the purpose of receiving vot- ed— tional Institute of Standards and Technology ing information (as described in section (A) by striking ‘‘and’’ at the end of sub- shall conduct an ongoing study on best prac- 9(b)(5) of the National Voter Registration paragraph (C); tices for implementing the requirements for Act of 1993), the appropriate State or local (B) by redesignating subparagraph (D) as Internet registration under section 6A of the election official, through electronic mail subparagraph (E); and National Voter Registration Act of 1993 (as transmitted not later than 30 days before the (C) by inserting after subparagraph (C) the added by section 1622) and the requirement date of the election involved, shall provide following new subparagraph: to permit voters to update voter registration the individual with information on how to ‘‘(D) in the case of online registration information online under section 303(a)(6) of obtain the following information by elec- through the official public website of an the Help America Vote Act of 2002 (as added tronic means: election official under section 6A, if the valid by section 1623). ‘‘(A) The name and address of the polling voter registration application is submitted (b) REPORT.— place at which the individual is assigned to online not later than the lesser of 30 days, or (1) IN GENERAL.—Not later than 4 months vote in the election. the period provided by State law, before the after the date of the enactment of this Act, ‘‘(B) The hours of operation for the polling date of the election (as determined by treat- the Director of the National Institute of place. ing the date on which the application is sent Standards and Technology shall make pub- ‘‘(C) A description of any identification or electronically as the date on which it is sub- licly available a report on the study con- other information the individual may be re- mitted); and’’. ducted under subsection (a). quired to present at the polling place.’’. (2) INFORMING APPLICANTS OF ELIGIBILITY (2) QUADRENNIAL UPDATE.—The Director of SEC. 1626. CLARIFICATION OF REQUIREMENT RE- REQUIREMENTS AND PENALTIES.—Section the National Institute of Standards and GARDING NECESSARY INFORMATION 8(a)(5) of such Act (42 U.S.C. 1973gg–6(a)(5)) is Technology shall review and update the re- TO SHOW ELIGIBILITY TO VOTE. amended by striking ‘‘and 7’’ and inserting port made under paragraph (1). Section 8 of the National Voter Registra- ‘‘6A, and 7’’. (c) USE OF BEST PRACTICES IN EAC VOL- tion Act of 1993 (42 U.S.C. 1973gg–6) is amend- SEC. 1623. USE OF INTERNET TO UPDATE REG- UNTARY GUIDANCE.—Subsection (a) of section ed— ISTRATION INFORMATION. 311 of the Help America Vote Act of 2002 (42 (1) by redesignating subsection (j) as sub- (a) IN GENERAL.— U.S.C. 15501(a)) is amended by adding at the section (k); and (1) UPDATES TO INFORMATION CONTAINED ON end the following new sentence: ‘‘Such vol- (2) by inserting after subsection (i) the fol- COMPUTERIZED STATEWIDE VOTER REGISTRA- untary guidance shall utilize the best prac- lowing new subsection: TION LIST.—Section 303(a) of the Help Amer- tices developed by the Director of the Na- ‘‘(j) REQUIREMENT FOR STATE TO REGISTER ica Vote Act of 2002 (42 U.S.C. 15483(a)) is tional Institute of Standards and Technology APPLICANTS PROVIDING NECESSARY INFORMA- amended by adding at the end the following under section 1624 of the Voter Registration TION TO SHOW ELIGIBILITY TO VOTE.—For new paragraph: Modernization Act for the use of the Internet purposes meeting the requirement of sub- ‘‘(6) USE OF INTERNET BY REGISTERED VOT- in voter registration.’’. section (a)(1) that an eligible applicant is ERS TO UPDATE INFORMATION.— SEC. 1625. PROVISION OF ELECTION INFORMA- registered to vote in an election for Federal ‘‘(A) IN GENERAL.—The appropriate State TION BY ELECTRONIC MAIL TO INDI- office within the deadlines required under or local election official shall ensure that VIDUALS REGISTERED TO VOTE. such subsection, the State shall consider an any registered voter on the computerized list (a) INCLUDING OPTION ON VOTER REGISTRA- applicant to have provided a ‘valid voter reg- may at any time update the voter’s registra- TION APPLICATION TO PROVIDE E-MAIL AD- istration form’ if— tion information, including the voter’s ad- DRESS AND RECEIVE INFORMATION.— ‘‘(1) the applicant has accurately com- dress and electronic mail address, online (1) IN GENERAL.—Section 9(b) of the Na- pleted the application form and attested to through the official public website of the tional Voter Registration Act of 1993 (42 the statement required by section 9(b)(2); election official responsible for the mainte- U.S.C. 1973gg–7(b)) is amended— and nance of the list, so long as the voter attests (A) by striking ‘‘and’’ at the end of para- ‘‘(2) in the case of an applicant who reg- to the contents of the update by providing a graph (3); isters to vote online in accordance with sec- signature in electronic form in the same (B) by striking the period at the end of tion 6A, the applicant provides a signature in manner required under section 6A(c) of the paragraph (4) and inserting ‘‘; and’’; and accordance with subsection (c) of such sec- National Voter Registration Act of 1993. (C) by adding at the end the following new tion.’’. ‘‘(B) PROCESSING OF UPDATED INFORMATION paragraph: SEC. 1627. EFFECTIVE DATE. BY ELECTION OFFICIALS.—If a registered voter ‘‘(5) shall include a space for the applicant (a) IN GENERAL.—Except as provided in updates registration information under sub- to provide (at the applicant’s option) an elec- subsection (b), the amendments made by this paragraph (A), the appropriate State or local tronic mail address, together with a state- subtitle (other than the amendments made election official shall— ment that, if the applicant so requests, in- by section 1625) shall take effect January 1, ‘‘(i) revise any information on the comput- stead of using regular mail the appropriate 2016. erized list to reflect the update made by the State and local election officials shall pro- (b) WAIVER.—Subject to the approval of the voter; and vide to the applicant, through electronic Election Assistance Commission, if a State ‘‘(ii) if the updated registration informa- mail sent to that address, the same voting certifies to the Election Assistance Commis- tion affects the voter’s eligibility to vote in information (as defined in section 302(b)(2) of sion that the State will not meet the dead- an election for Federal office, ensure that the Help America Vote Act of 2002) which the line referred to in subsection (a) because of the information is processed with respect to officials would provide to the applicant extraordinary circumstances and includes in the election if the voter updates the informa- through regular mail.’’. the certification the reasons for the failure tion not later than the lesser of 30 days, or (2) PROHIBITING USE FOR PURPOSES UNRE- to meet the deadline, subsection (a) shall the period provided by State law, before the LATED TO OFFICIAL DUTIES OF ELECTION OFFI- apply to the State as if the reference in such date of the election.’’. CIALS.—Section 9 of such Act (42 U.S.C. subsection to ‘‘January 1, 2016’’ were a ref- (2) CONFORMING AMENDMENT RELATING TO 1973gg–7) is amended by adding at the end erence to ‘‘January 1, 2018’’. EFFECTIVE DATE.—Section 303(d)(1)(A) of such the following new subsection: Act (42 U.S.C. 15483(d)(1)(A)) is amended by ‘‘(c) PROHIBITING USE OF ELECTRONIC MAIL SA 2481. Mr. MANCHIN (for himself striking ‘‘subparagraph (B)’’ and inserting ADDRESSES FOR OTHER THAN OFFICIAL PUR- and Mr. MCCAIN) submitted an amend- ‘‘subparagraph (B) and subsection (a)(6)’’. POSES.—The chief State election official ment intended to be proposed by him shall ensure that any electronic mail address (b) ABILITY OF REGISTRANT TO USE ONLINE to the bill S. 1197, to authorize appro- UPDATE TO PROVIDE INFORMATION ON RESI- provided by an applicant under subsection DENCE.—Section 8(d)(2)(A) of the National (b)(5) is used only for purposes of carrying priations for fiscal year 2014 for mili- Voter Registration Act of 1993 (42 U.S.C. out official duties of election officials and is tary activities of the Department of 1973gg–6(d)(2)(A)) is amended— not transmitted by any State or local elec- Defense, for military construction, and

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.049 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8490 CONGRESSIONAL RECORD — SENATE November 21, 2013 for defense activities of the Depart- ‘‘(ii) appoint an individual to a qualified prescribe regulations for the administration ment of Energy, to prescribe military position (after taking into consideration the of this section. personnel strengths for such fiscal availability of preference eligibles for ap- ‘‘(c) ANNUAL REPORT.—Not later than 1 year after the date of enactment of this sec- year, and for other purposes; which was pointment to the position); and ‘‘(iii) subject to the requirements of para- tion, and every year thereafter for 4 years, ordered to lie on the table; as follows: graphs (2) and (3), fix the compensation of an the Secretary shall submit to the appro- At the end of subtitle F of title V, add the individual for service in a qualified position. priate committees of Congress a detailed re- following: ‘‘(B) CONSTRUCTION WITH OTHER LAWS.—The port that— SEC. 573. NOTICE TO COMMANDING OFFICERS ON authority of the Secretary under subsection ‘‘(1) discusses the process used by the Sec- CHILD ABUSE COMMITTED BY MEM- (a) applies without regard to the provisions retary in accepting applications, assessing BERS OF THE ARMED FORCES. of any other law relating to the appoint- candidates, ensuring adherence to veterans’ Upon notification of a reportable incident ment, number, classification, or compensa- preference, and selecting applicants for va- of child abuse committed by a member of the tion of employees. cancies to be filled by an individual for a Armed Forces, notice on such incident shall ‘‘(2) BASIC PAY.— qualified position; be submitted to an officer in grade O–6 in the ‘‘(A) AUTHORITY TO FIX RATES OF BASIC ‘‘(2) describes— chain of command of the member commit- PAY.—In accordance with this section, the ‘‘(A) how the Secretary plans to fulfill the ting such abuse. Secretary shall fix the rates of basic pay for critical need of the Department to recruit SA 2482. Mr. CARPER (for himself any qualified position established under and retain employees in qualified positions; paragraph (1) in relation to the rates of pay ‘‘(B) the measures that will be used to and Mr. COBURN) submitted an amend- provided for employees in comparable posi- measure progress; and ment intended to be proposed by him tions in the Department of Defense and sub- ‘‘(C) any actions taken during the report- to the bill S. 1197, to authorize appro- ject to the same limitations on maximum ing period to fulfill such critical need; priations for fiscal year 2014 for mili- rates of pay established for such employees ‘‘(3) discusses how the planning and actions tary activities of the Department of by law or regulation. taken under paragraph (2) are integrated Defense, for military construction, and ‘‘(B) PREVAILING RATE SYSTEMS.—The Sec- into the strategic workforce planning of the for defense activities of the Depart- retary may, consistent with section 5341 of Department; ment of Energy, to prescribe military title 5, United States Code, adopt such provi- ‘‘(4) provides metrics on actions occurring personnel strengths for such fiscal sions of that title as provide for prevailing during the reporting period, including— rate systems of basic pay and may apply year, and for other purposes; which was ‘‘(A) the number of employees in qualified those provisions to qualified positions for positions hired by occupation and grade and ordered to lie on the table; as follows: employees in or under which the Department level or pay band; At the end of subtitle H of title X, add the may employ individuals described by section ‘‘(B) the placement of employees in quali- following: 5342(a)(2)(A) of that title. fied positions by directorate and office with- SEC. 1082. CYBERSECURITY RECRUITMENT AND ‘‘(3) ADDITIONAL COMPENSATION, INCENTIVES, in the Department; RETENTION. AND ALLOWANCES.— ‘‘(C) the total number of veterans hired; (a) IN GENERAL.—At the end of subtitle C of ‘‘(A) ADDITIONAL COMPENSATION BASED ON ‘‘(D) the number of separations of employ- title II of the Homeland Security Act of 2002 TITLE 5 AUTHORITIES.—The Secretary may ees in qualified positions by occupation and (6 U.S.C. 141 et seq.), add the following: provide employees in qualified positions grade and level or pay band; ‘‘SEC. 226. CYBERSECURITY RECRUITMENT AND compensation (in addition to basic pay), in- ‘‘(E) the number of retirements of employ- RETENTION. cluding benefits, incentives, and allowances, ees in qualified positions by occupation and ‘‘(a) DEFINITIONS.—In this section: consistent with, and not in excess of the grade and level or pay band; and ‘‘(1) APPROPRIATE COMMITTEES OF CON- level authorized for, comparable positions ‘‘(F) the number and amounts of recruit- GRESS.—The term ‘appropriate committees authorized by title 5, United States Code. ment, relocation, and retention incentives of Congress’ ‘means the Committee on Home- ‘‘(B) ALLOWANCES BASED ON LIVING COSTS paid to employees in qualified positions by land Security and Governmental Affairs and AND ENVIRONMENT.— occupation and grade and level or pay band; the Committee on Appropriations of the Sen- ‘‘(i) IN GENERAL.—In addition to basic pay, and ate and the Committee on Homeland Secu- employees in qualified positions who are ‘‘(5) describes the training provided to su- rity and the Committee on Appropriations of citizens or nationals of the United States pervisors of employees in qualified positions the House of Representatives.’ and are stationed outside the continental at the Department on the use of the new au- ‘‘(2) COLLECTIVE BARGAINING AGREEMENT.— United States or in Alaska may be paid an thorities. The term ‘collective bargaining agreement’ allowance, in accordance with regulations ‘‘(d) THREE-YEAR PROBATIONARY PERIOD.— has the meaning given that term in section prescribed by the Secretary, while they are The probationary period for all employees 7103(a)(8) of title 5, United States Code. so stationed. hired under the authority established in this ‘‘(3) EXCEPTED SERVICE.—The term ‘ex- ‘‘(ii) DUTY STATIONS COVERED.—An allow- section shall be not less than 3 years.’’. cepted service’ has the meaning given that ance under this subparagraph shall be lim- (b) TECHNICAL AND CONFORMING AMEND- term in section 2103 of title 5, United States ited to duty stations where— MENT.—The table of contents in section 1(b) Code. ‘‘(I) living costs are substantially higher of the Homeland Security Act of 2002 (6 ‘‘(4) PREFERENCE ELIGIBLE.—The term ‘pref- than in the District of Columbia; or U.S.C. 101 et seq.) is amended by inserting erence eligible’ has the meaning given that ‘‘(II) conditions of environment— after the item relating to section 225 the fol- term in section 2108 of title 5, United States ‘‘(aa) differ substantially from conditions lowing: of environment in the continental United Code. ‘‘Sec. 226. Cybersecurity recruitment and States, and ‘‘(5) QUALIFIED POSITION.—The term ‘quali- retention.’’. fied position’ means a position, designated ‘‘(bb) warrant an allowance as a recruit- ment incentive. by the Secretary for the purpose of this sec- SA 2483. Mr. MENENDEZ (for him- tion, in which the incumbent performs, man- ‘‘(iii) LIMITATION.—An allowance under this ages, or supervises functions that execute subparagraph may not exceed the allowance self, Mr. CORKER, Mr. CARDIN, and Mr. the responsibilities of the Department relat- authorized to be paid under section 5941(a) of RUBIO) submitted an amendment in- ing to cybersecurity. title 5, United States Code, for employees tended to be proposed by him to the ‘‘(6) SENIOR EXECUTIVE SERVICE.—The term whose rates of basic pay are fixed by statute. bill S. 1197, to authorize appropriations ‘Senior Executive Service’ has the meaning ‘‘(4) PLAN FOR EXECUTION OF AUTHORITIES.— for fiscal year 2014 for military activi- given that term in section 2101a of title 5, Not later than 120 days after the date of en- ties of the Department of Defense, for United States Code. actment of this section, the Secretary shall military construction, and for defense ‘‘(b) GENERAL AUTHORITY.— submit a report to the appropriate commit- activities of the Department of Energy, ‘‘(1) ESTABLISH POSITIONS, APPOINT PER- tees of Congress with a plan for the use of to prescribe military personnel SONNEL, AND FIX RATES OF PAY.— the authorities provided under this sub- ‘‘(A) GENERAL AUTHORITY.—The Secretary section. strengths for such fiscal year, and for may— ‘‘(5) COLLECTIVE BARGAINING AGREEMENTS.— other purposes; which was ordered to ‘‘(i) establish, as positions in the excepted Nothing in paragraph (1) may be construed lie on the table; as follows: service, such qualified positions in the De- to impair the continued effectiveness of a At the end of subtitle A of title XII, add partment as the Secretary determines nec- collective bargaining agreement with respect the following: essary to carry out the responsibilities of the to an office, component, subcomponent, or SEC. 1208. ASSISTANCE FOR THE GOVERNMENT Department relating to cybersecurity, in- equivalent of the Department that is a suc- OF BURMA. cluding— cessor to an office, component, subcompo- (a) LIMITATION.— ‘‘(I) senior level positions designated under nent, or equivalent of the Department cov- (1) IN GENERAL.—Except as provided in section 5376 of title 5, United States Code; ered by the agreement before the succession. paragraph (2), no funds authorized to be ap- and ‘‘(6) REQUIRED REGULATIONS.—The Sec- propriated by this Act or otherwise made ‘‘(II) positions in the Senior Executive retary, in coordination with the Director of available for fiscal year 2014 for the Depart- Service; the Office of Personnel Management, shall ment of Defense may be made available for

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(3) the term ‘‘recycling agent’’ means any priate congressional committees that— (G) An assessment of progress on the person engaged in the business of purchasing (A) the Government of Burma is taking peaceful settlement of armed conflicts be- specified metal for reuse or recycling, with- concrete steps toward— tween the Government of Burma and ethnic out regard to whether that person is engaged (i) establishing appropriate civilian over- minority groups, including reducing the in the business of recycling or otherwise sight of the armed forces; military’s footprint in conflict areas and a processing the purchased specified metal for (ii) implementing human rights reform in withdrawal to key bases, and shifting inter- reuse. the Burmese military; and nal security duties to the police and other SEC. 3603. THEFT OF SPECIFIED METAL. (iii) terminating military relations with law enforcement entities, and an assessment (a) OFFENSE.—It shall be unlawful to know- North Korea; of Burma’s military. ingly steal specified metal— (B) the Government of Burma is taking (c) APPROPRIATE CONGRESSIONAL COMMIT- (1) being used in or affecting interstate or concrete steps to establish a fair, trans- TEES DEFINED.—In this section, the term foreign commerce; and parent and inclusive process to amend the ‘‘appropriate congressional committees’’ (2) the theft of which is from and harms Constitution of Burma, towards including means the congressional defense committees critical infrastructure. the full participation of the political opposi- and the Committee on Foreign Relations and (b) PENALTY.—Any person who commits an offense described in subsection (a) shall be tion and ethnic minority groups; and the Committee on Appropriations of the Sen- fined under title 18, United States Code, im- (C) the Burmese military is demonstrating ate and the Committee on Foreign Affairs prisoned not more than 10 years, or both. a genuine interest in reform, as reflected by and the Committee on Appropriations of the House of Representatives. SEC. 3604. DOCUMENTATION OF OWNERSHIP OR progress towards and adherence to ceasefire AUTHORITY TO SELL. agreements, and increased transparency and SA 2484. Ms. KLOBUCHAR (for her- (a) OFFENSES.— accountability through activities including (1) IN GENERAL.—Except as provided in self, Mr. SCHUMER, Mr. COONS, and Mr. establishing or updating a code of conduct, a paragraph (2), it shall be unlawful for a recy- uniformed code of military justice, an in- HOEVEN) submitted an amendment in- cling agent to purchase specified metal de- spector general’s office, an ombudsman of- tended to be proposed by her to the bill scribed in subparagraph (A) or (B) of section fice, and guidelines for civilian-military re- S. 1197, to authorize appropriations for 3602(2), unless— lations. fiscal year 2014 for military activities (A) the seller, at the time of the trans- (2) EXCEPTION.—The restriction in para- of the Department of Defense, for mili- action, provides documentation of ownership graph (1) does not apply to— tary construction, and for defense ac- of, or other proof of the authority of the sell- (A) consultation, education, and training tivities of the Department of Energy, er to sell, the specified metal; and on human rights, the law of armed conflict, (B) there is a reasonable basis to believe civilian control of the military, rule of law, to prescribe military personnel that the documentation or other proof of au- and other legal training; strengths for such fiscal year, and for thority provided under subparagraph (A) is (B) English-language or medical medicine other purposes; which was ordered to valid. education; lie on the table; as follows: (2) EXCEPTION.—Paragraph (1) shall not (C) courses or workshops on regional At the end of division C, add the following: apply to a recycling agent that is subject to norms of security cooperation, defense insti- TITLE XXXVI—THEFT OF METAL a State or local law that sets forth a require- tution reform, and transnational issues such ment on recycling agents to obtain docu- as human trafficking and international SEC. 3601. SHORT TITLE. mentation of ownership or proof of authority crime; This title may be cited as the ‘‘Metal Theft to sell specified metal before purchasing (D) observation of bilateral or multilateral Prevention Act of 2013’’. specified metal. military exercises; SEC. 3602. DEFINITIONS. (3) RESPONSIBILITY OF RECYCLING AGENT.—A (E) the development of Burmese military In this title— recycling agent is not required to independ- capability for humanitarian assistance and (1) the term ‘‘critical infrastructure’’ has ently verify the validity of the documenta- disaster relief; and the meaning given the term in section 1016(e) tion or other proof of authority described in (F) aid or support for the Government of of the Uniting and Strengthening America paragraph (1). Burma in the event of a humanitarian crisis by Providing Appropriate Tools Required to (4) PURCHASE OF STOLEN METAL.—It shall be or natural disaster. Intercept and Obstruct Terrorism (USA PA- unlawful for a recycling agent to purchase TRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)); any specified metal that the recycling (b) REPORT.— (2) the term ‘‘specified metal’’ means agent— (1) IN GENERAL.—Not later than 180 days metal that— (A) knows to be stolen; or after the date of the enactment of this Act, (A)(i) is marked with the name, logo, or (B) should know or believe, based upon the Secretary of Defense, in concurrence initials of a city, county, State, or Federal commercial experience and practice, to be with the Secretary of State, shall submit to government entity, a railroad, an electric, stolen. the appropriate congressional committees a gas, or water company, a telephone com- (b) CIVIL PENALTY.—A person who know- report, in both classified and unclassified pany, a cable company, a retail establish- ingly violates subsection (a) shall be subject form, on the strategy and plans for military- ment, a beer supplier or distributor, or a to a civil penalty of not more than $10,000 for to-military engagement between the United public utility; or each violation. States Armed Forces and the Burmese mili- (ii) has been altered for the purpose of re- SEC. 3605. TRANSACTION REQUIREMENTS. tary. moving, concealing, or obliterating a name, (a) RECORDING REQUIREMENTS.— (2) ELEMENTS.—The report required under logo, or initials described in clause (i) (1) IN GENERAL.—Except as provided in paragraph (1) shall include the following ele- through burning or cutting of wire sheathing paragraph (2), a recycling agent shall main- ments: or other means; or tain a written or electronic record of each (A) A description and assessment of the (B) is part of— purchase of specified metal. Government of Burma’s strategy for security (i) a street light pole or street light fix- (2) EXCEPTION.—Paragraph (1) shall not sector reform. ture; apply to a recycling agent that is subject to (B) The United States strategy for the (ii) a road or bridge guard rail; a State or local law that sets forth recording military-military relationship between the (iii) a highway or street sign; requirements that are substantially similar United States and Burma. (iv) a water meter cover; to the requirements described in paragraph (C) An assessment of the progress of the (v) a storm water grate; (3) for the purchase of specified metal. Burmese military towards implementing (vi) unused or undamaged building con- (3) CONTENTS.—A record under paragraph human rights reforms, including cooperation struction or utility material; (1) shall include— with civilian authorities to investigate and (vii) a historical marker; (A) the name and address of the recycling resolve cases of human rights violations, in- (viii) a grave marker or cemetery urn; agent; and cluding steps taken to demonstrate respect (ix) a utility access cover; or (B) for each purchase of specified metal— for laws of war and human rights provisions (x) a container used to transport or store (i) the date of the transaction; and a description of the elements of the mili- beer with a capacity of 5 gallons or more; (ii) a description of the specified metal tary-to-military engagement between the (C) is a wire or cable commonly used by purchased using widely used and accepted in- United States and Burma that promote such communications and electrical utilities; or dustry terminology; implementation. (D) is copper, aluminum, and other metal (iii) the amount paid by the recycling (D) A list of ongoing military-to-military (including any metal combined with other agent; activities conducted by the United States materials) that is valuable for recycling or (iv) the name and address of the person to Government, including a description of each reuse as raw metal, except for— which the payment was made; such activity. (i) aluminum cans; and (v) the name of the person delivering the (E) An update on activities that were listed (ii) motor vehicles, the purchases of which specified metal to the recycling agent, in- in previous reporting. are reported to the National Motor Vehicle cluding a distinctive number from a Federal

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or State government-issued photo identifica- (b) NOTICE REQUIRED.—Not later than 30 the sale or purchase of specified metal, the tion card and a description of the type of the days before the date on which an action reporting of such transactions, or any other identification; and under subsection (a) is filed, the attorney aspect of the metal recycling industry. (vi) the license plate number and State-of- general or equivalent regulator of the State SEC. 3610. EFFECTIVE DATE. issue, make, and model, if available, of the involved shall provide to the Attorney Gen- This title shall take effect 180 days after vehicle used to deliver the specified metal to eral— the date of the enactment of this Act. the recycling agent. (1) written notice of the action; and (4) REPEAT SELLERS.—A recycling agent (2) a copy of the complaint for the action. SA 2485. Mr. PRYOR submitted an may comply with the requirements of this (c) ATTORNEY GENERAL ACTION.—Upon re- amendment intended to be proposed by subsection with respect to a purchase of ceiving notice under subsection (b), the At- him to the bill S. 1197, to authorize ap- specified metal from a person from which the torney General shall have the right— propriations for fiscal year 2014 for recycling agent has previously purchased (1) to intervene in the action; (2) upon so intervening, to be heard on all military activities of the Department specified metal by— of Defense, for military construction, (A) reference to the existing record relat- matters arising therein; (3) to remove the action to an appropriate and for defense activities of the De- ing to the seller; and partment of Energy, to prescribe mili- (B) recording any information for the district court of the United States; and transaction that is different from the record (4) to file petitions for appeal. tary personnel strengths for such fiscal (d) PENDING FEDERAL PROCEEDINGS.—If a relating to the previous purchase from that year, and for other purposes; which was civil action has been instituted by the Attor- person. ordered to lie on the table; as follows: ney General for a violation of this title, no (5) RECORD RETENTION PERIOD.—A recycling At the end of subtitle D of title V, add the State may, during the pendency of the ac- following: agent shall maintain any record required tion instituted by the Attorney General, in- under this subsection for not less than 2 stitute a civil action under this title against SEC. 529. DISESTABLISHMENT OF ARMY SENIOR RESERVE OFFICERS’ TRAINING years after the date of the transaction to any defendant named in the complaint in the which the record relates. CORPS UNITS FOR LACK OF EFFEC- civil action for any violation alleged in the TIVE MANAGEMENT. (6) CONFIDENTIALITY.—Any information col- complaint. lected or retained under this section may be (a) CONFORMITY WITH APPLICABLE REGULA- (e) CONSTRUCTION.—For purposes of bring- TIONS REQUIRED.—The Secretary of the Army disclosed to any Federal, State, or local law ing a civil action under subsection (a), noth- may not disestablish a unit of the Senior Re- enforcement authority or as otherwise di- ing in this section regarding notification serve Officers’ Training Corp (SROTC) of the rected by a court of law. shall be construed to prevent the attorney Army for lack of effective management ex- (b) PURCHASES IN EXCESS OF $100.— general or equivalent regulator of the State cept in strict accordance with the provisions (1) IN GENERAL.—Except as provided in from exercising any powers conferred under of section 2–12 of section III of chapter 2 of paragraph (2), a recycling agent may not pay the laws of that State to— Army Regulation 145–1. cash for a single purchase of specified metal (1) conduct investigations; (b) NOTICE TO CONGRESS ON MODIFICATION of more than $100. For purposes of this para- (2) administer oaths or affirmations; or OF REGULATIONS.—The Secretary shall sub- graph, more than 1 purchase in any 48-hour (3) compel the attendance of witnesses or mit to the congressional defense committees period from the same seller shall be consid- the production of documentary and other written notice of any modification of section ered to be a single purchase. evidence. 2–12 of the Regulation referred to in sub- (2) EXCEPTION.—Paragraph (1) shall not SEC. 3608. DIRECTIVE TO SENTENCING COMMIS- section (a) that occurs after the date of the apply to a recycling agent that is subject to SION. enactment of this Act. a State or local law that sets forth a max- (a) IN GENERAL.—Pursuant to its authority imum amount for cash payments for the pur- under section 994 of title 28, United States SA 2486. Mr. PRYOR submitted an chase of specified metal. Code, and in accordance with this section, amendment intended to be proposed by (3) PAYMENT METHOD.— the United States Sentencing Commission, him to the bill S. 1197, to authorize ap- (A) OCCASIONAL SELLERS.—Except as pro- shall review and, if appropriate, amend the propriations for fiscal year 2014 for vided in subparagraph (B), for any purchase Federal Sentencing Guidelines and policy statements applicable to a person convicted military activities of the Department of specified metal of more than $100 a recy- of Defense, for military construction, cling agent shall make payment by check of a criminal violation of section 3603 or any that— other Federal criminal law based on the and for defense activities of the De- (i) is payable to the seller; and theft of specified metal by such person. partment of Energy, to prescribe mili- (ii) includes the name and address of the (b) CONSIDERATIONS.—In carrying out this tary personnel strengths for such fiscal seller. section, the Sentencing Commission shall— year, and for other purposes; which was (1) ensure that the sentencing guidelines (B) ESTABLISHED COMMERCIAL TRANS- ordered to lie on the table; as follows: and policy statements reflect the— ACTIONS.—A recycling agent may make pay- (A) serious nature of the theft of specified At the end of subtitle G of title X, add the ments for a purchase of specified metal of metal; and following: more than $100 from a governmental or com- (B) need for an effective deterrent and ap- SEC. 1066. REPORT ON TRANSITION OF AIR mercial supplier of specified metal with propriate punishment to prevent such theft; FORCE RESERVE AND AIR NATIONAL which the recycling agent has an established GUARD UNITS FROM FLYING MIS- (2) consider the extent to which the guide- commercial relationship by electronic funds SIONS TO NON-FLYING MISSIONS. lines and policy statements appropriately transfer or other established commercial (a) REPORT REQUIRED.—Not later than 180 account for— transaction payment method through a com- days after the date of the enactment of this (A) the potential and actual harm to the mercial bank if the recycling agent main- Act, the Secretary of the Air Force shall, in public from the offense, including any dam- tains a written record of the payment that consultation with the Chief of the National age to critical infrastructure; Guard Bureau and the Chief of the Air Force identifies the seller, the amount paid, and (B) the amount of loss, or the costs associ- the date of the purchase. Reserve, submit to the congressional defense ated with replacement or repair, attributable committees a report on the transition of (c) CIVIL PENALTY.—A person who know- to the offense; units in the Air Force Reserve and the Air ingly violates subsection (a) or (b) shall be (C) the level of sophistication and planning subject to a civil penalty of not more than National Guard from flying missions to non- involved in the offense; and flying missions. $5,000 for each violation, except that a person (D) whether the offense was intended to or (b) ELEMENTS.—The report required by sub- who commits a minor violation shall be sub- had the effect of creating a threat to public section (a) shall set forth, for each Air Force ject to a penalty of not more than $1,000. health or safety, injury to another person, or Reserve unit or Air National Guard unit that SEC. 3606. ENFORCEMENT BY ATTORNEY GEN- death; is transitioning from a flying mission to a ERAL. (3) account for any additional aggravating non-flying mission, the following: The Attorney General may bring an en- or mitigating circumstances that may jus- (1) The plan of the Air Force for— forcement action in an appropriate United tify exceptions to the generally applicable (A) providing any new equipment, facili- States district court against any person that sentencing ranges; ties, or other support to enable the unit to engages in conduct that violates this title. (4) assure reasonable consistency with conduct the non-flying mission; and SEC. 3607. ENFORCEMENT BY STATE ATTORNEYS other relevant directives and with other sen- (B) training the unit to execute the non- GENERAL. tencing guidelines and policy statements; flying mission. (a) IN GENERAL.—An attorney general or and (2) An identification of any gaps in con- equivalent regulator of a State may bring a (5) assure that the sentencing guidelines ducting an orderly transition from the flying civil action in the name of the State, as and policy statements adequately meet the mission to the non-flying mission. parens patriae on behalf of natural persons purposes of sentencing as set forth in section (3) A description of the actions required to residing in the State, in any district court of 3553(a)(2) of title 18, United States Code. mitigate the gaps, if any, identified pursuant the United States or other competent court SEC. 3609. STATE AND LOCAL LAW NOT PRE- to paragraph (2). having jurisdiction over the defendant, to se- EMPTED. (4) A description and assessment of the na- cure monetary or equitable relief for a viola- Nothing in this title shall be construed to tional security implications of the gaps, if tion of this title. preempt any State or local law regulating any, identified pursuant to paragraph (2).

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.050 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8493 (c) GAP DEFINED.—In this section, the term claims over land features and has no terri- ER, Mr. HATCH, and Mr. JOHANNS) sub- ‘‘gap’’, with respect to a unit transitioning torial ambitions in the South China Sea; and mitted an amendment intended to be from a flying mission to a non-flying mis- (3) strongly supports the ASEAN member proposed by him to the bill S. 1197, to sion, means any time between— states and the Government of the People’s authorize appropriations for fiscal year (1) the date that is 37 months after the be- Republic of China as they seek to develop a ginning of the transition; and code of conduct of parties in the South China 2014 for military activities of the De- (2) the date the unit reaches initial oper- Sea. partment of Defense, for military con- ating capability in its non-flying mission. (c) REPORT.— struction, and for defense activities of (1) IN GENERAL.—Not later than 180 days the Department of Energy, to prescribe SA 2487. Mr. CARDIN (for himself after the date of the enactment of this Act, military personnel strengths for such and Mr. MENENDEZ) submitted an the Secretary of State, in consultation with fiscal year, and for other purposes; amendment intended to be proposed by the Secretary of Defense, shall submit a clas- which was ordered to lie on the table; sified report on the United States strategy him to the bill S. 1197, to authorize ap- as follows: propriations for fiscal year 2014 for to ensure maritime security in the Asia-Pa- cific region to— At the end of subtitle E of title X, add the military activities of the Department (A) the Committee on Foreign Relations of following: of Defense, for military construction, the Senate; SEC. 1046. LIMITATION ON USE OF FUNDS FOR and for defense activities of the De- (B) the Committee on Armed Services of ENVIRONMENTAL ASSESSMENTS partment of Energy, to prescribe mili- the Senate; WITH RESPECT TO MINUTEMAN III tary personnel strengths for such fiscal (C) the Committee on Foreign Affairs of SILOS. the House of Representatives; and None of the funds authorized to be appro- year, and for other purposes; which was priated by this Act or otherwise made avail- ordered to lie on the table; as follows: (D) the Committee on Armed Services of the House of Representatives. able for fiscal year 2014 for the Department At the appropriate place, insert the fol- of Defense may be obligated or expended for (2) ELEMENTS.—The report required under lowing: paragraph (1) shall include— any environmental assessment carried out SEC. lll. RESOLVING MARITIME DISPUTES IN (A) a description of the security situation pursuant to the National Environmental THE ASIA-PACIFIC REGION. in the maritime domains of Asia-Pacific; Policy Act of 1969 (42 U.S.C. 4321 et seq.) with (a) FINDINGS.—Congress makes the fol- (B) a description of the initiatives and ef- respect to a Minuteman III silo that contains lowing findings: a missile as of the date of the enactment of (1) Relevant parties in the Asia-Pacific forts by the Department of State, the De- partment of Defense, and other relevant this Act until the Secretary of Defense sub- maritime region should be encouraged to ex- mits to the congressional defense commit- plore cooperative arrangements for the re- agencies to implement the United States strategy, including— tees, the Committee on Foreign Relations of sponsible exploitation of energy and fishery the Senate, and the Committee on Foreign resources in order to promote peaceful coex- (i) maritime domain awareness and capac- ity building efforts; Affairs of the House of Representatives the istence and economic growth. Such arrange- plan required by section 1042(a) of the Na- ments should not impinge upon sovereignty (ii) support for United States Armed Forces operations in the region; tional Defense Authorization Act for Fiscal claims and should be negotiated in a mutu- Year 2012 (Public Law 112–81; 125 Stat. 1575). ally agreeable manner. (iii) efforts to support ASEAN and all (2) Congress welcomes formal consulta- claimants in concluding a Code of Conduct with the People’s Republic of China; SA 2490. Ms. CANTWELL (for herself, tions between the Association of Southeast Mr. BEGICH, Ms. MURKOWSKI, and Mrs. Asian Nations (ASEAN) and the People’s Re- (iv) efforts to support collaborative diplo- MURRAY) submitted an amendment in- public of China on the Code of Conduct for matic processes by all claimants in the the South China Sea, welcomes ASEAN’s South China Sea; and tended to be proposed by her to the bill leadership, and strongly supports the 23rd (v) an assessment of the impact of those S. 1197, to authorize appropriations for ASEAN Summit’s chairman’s October 9, 2013 initiatives and efforts; and fiscal year 2014 for military activities statement, more than 10 years after the Dec- (C) a description of projected efforts of the Department of Defense, for mili- laration on the Conduct of Parties in the planned to continue the implementation of tary construction, and for defense ac- the strategy. South China Sea, which— tivities of the Department of Energy, (A) ‘‘reaffirmed the importance of main- SA 2488. Mrs. SHAHEEN submitted to prescribe military personnel taining peace, stability, and maritime secu- strengths for such fiscal year, and for rity in the region. . .’’; and an amendment intended to be proposed (B) calls for ‘‘intensifying official consulta- by her to the bill S. 1197, to authorize other purposes; which was ordered to tions with China on the development of the appropriations for fiscal year 2014 for lie on the table; as follows: Code of Conduct in the South China Sea military activities of the Department At the end of subtitle C of title I, add the (COC) with a view to its early conclusion.’’. of Defense, for military construction, following: (b) STATEMENT OF UNITED STATES POLICY.— and for defense activities of the De- SEC. 126. MULTIYEAR PROCUREMENT AUTHOR- Congress declares that the United States— partment of Energy, to prescribe mili- ITY FOR POLAR ICEBREAKERS. (1) has a national interest in— tary personnel strengths for such fiscal (a) MULTIYEAR PROCUREMENT.—Subject to (A) the freedom of navigation and over- section 2306b of title 10, United States Code, flight in the Asia-Pacific maritime domains; year, and for other purposes; which was the Secretary of the Navy shall enter into (B) supporting the peaceful resolution of ordered to lie on the table; as follows: multiyear contracts, beginning with the fis- territorial, sovereignty, and jurisdictional At the end of subtitle C of title XII, add cal year 2014 program year, for the procure- disputes in the Asia-Pacific maritime do- the following: ment of up to four heavy duty polar ice- mains in accordance with international law, SEC. 1237. MODIFICATION OF PROHIBITION ON breakers and any systems and equipment as- including through international arbitration; PROCUREMENTS FROM CHINESE sociated with those vessels. (C) condemning the use of coercion, COMPANIES. (b) AUTHORITY FOR ADVANCE PROCURE- threats, or force in the South China Sea, the Section 1211 of the National Defense Au- MENT.—The Secretary may enter into one or East China Sea, or other maritime areas in thorization Act for Fiscal Year 2006 (Public more contracts, beginning in fiscal year 2014, the Asia-Pacific region to assert disputed Law 109–163; 10 U.S.C. 2302 note) is amended— for advance procurement associated with the maritime or territorial claims or alter the (1) in subsection (b), by inserting ‘‘or in the vessels, systems, and equipment for which status quo; 600 series of the Commerce Control List of authorization to enter into a multiyear con- (D) urging all parties to maritime and ter- the Export Administration Regulations’’ tract is provided under subsection (a). ritorial disputes in the Asia-Pacific region to after ‘‘International Trafficking in Arms (c) CONDITION FOR OUT-YEAR CONTRACT exercise self-restraint in the conduct of ac- Regulations’’; and PAYMENTS.—A contract entered into under tivities that would undermine stability or (2) in subsection (e)(2)— subsection (a) shall provide that any obliga- complicate or escalate disputes; (A) by inserting ‘‘or in the 600 series of the tion of the United States to make a payment (E) continuing to develop partnerships Commerce Control List of the Export Admin- under the contract for a fiscal year after fis- with other countries for maritime domain istration Regulations’’ after ‘‘International cal year 2014 is subject to the availability of awareness and capacity building in the Asia- Trafficking in Arms Regulations’’; and appropriations or funds for that purpose for Pacific region; and (B) by adding before the period at the end such later fiscal year. (F) continuing the operations of the United the following: ‘‘and the 600 series of the Com- (d) MEMORANDUM OF AGREEMENT.—Not States Armed Forces in the Asia-Pacific re- merce Control List contained in Supplement later than 180 days after the date of the en- gion, including in partnership with the No. 1 to part 774 of subtitle B of title 15 of actment of this Act, the Secretary of the armed forces of other countries to promote the Code of Federal Regulations’’. Navy and the Secretary of the Department peace, stability, and unimpeded lawful com- in which the Coast Guard is operating shall merce in the Asia-Pacific region; SA 2489. Mr. BAUCUS (for himself, enter into a memorandum of agreement es- (2) declares that the United States does not Mr. ENZI, Mr. TESTER, Ms. HEITKAMP, tablishing a process by which the Navy, in take a position on competing territorial Mr. HOEVEN, Mr. BARRASSO, Mrs. FISCH- concurrence with the Coast Guard, shall—

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(1) identify the vessel specifications, capa- (6) TERMS AND CONDITIONS.—The Secretary the national park system will expand and en- bilities, systems, equipment, and other de- may require such additional terms and con- hance the protection and preservation of tails required for the design of heavy polar ditions in connection with the conveyance such resources and provide for comprehen- icebreakers capable of fulfilling Navy and described in paragraph (1) as the Secretary sive interpretation and public understanding Coast Guard mission requirements; considers appropriate to protect the inter- of this nationally significant story in the (2) oversee the construction of heavy polar ests of the United States. 20th century American history’’; icebreakers authorized to be procured under (b) COMPLIANCE WITH EXISTING LAW.—The (5) the Department of the Interior, with this section; and Secretary shall carry out the conveyance de- the concurrence of the Department of En- (3) to the extent not adequately addressed scribed in subsection (a) in accordance with ergy, recommended the establishment of a in the 1965 Revised Memorandum of Agree- all applicable Federal laws, including the Manhattan Project National Historical Park ment between the Department of the Navy National Environmental Policy Act of 1969 comprised of resources at— and the Department of the Treasury on the (42 U.S.C. 4321 et seq.), the National Historic (A) Oak Ridge, Tennessee; Operation of Icebreakers, transfer heavy Preservation Act (16 U.S.C. 470 et seq.), and (B) Los Alamos, New Mexico; and polar icebreakers procured through con- the Comprehensive Environmental Response, (C) Hanford, in the Tri-Cities area, Wash- tracts authorized under this section from the Compensation, and Liability Act of 1980 (42 ington; Navy to the Coast Guard to be maintained U.S.C. 9601 et seq.). (6) designation of a Manhattan Project Na- and operated by the Coast Guard. (c) DEADLINE FOR COMPLETION.—It is the in- tional Historical Park as a unit of the Na- tent of Congress that the conveyance de- tional Park System would improve the pres- SA 2491. Ms. CANTWELL (for herself scribed in subsection (a) shall be completed ervation of, interpretation of, and access to and Mrs. MURRAY) submitted an not later than one year after the date of the the nationally significant historic resources amendment intended to be proposed by enactment of this Act. associated with the Manhattan Project for her to the bill S. 1197, to authorize ap- (d) INDEMNIFICATION.—It is the intent of present and future generations to gain a bet- Congress that the Secretary of Energy ter understanding of the Manhattan Project, propriations for fiscal year 2014 for should, as authorized by law, hold harmless including the significant, far-reaching, and military activities of the Department and indemnify the Organization against any complex legacy of the Manhattan Project; of Defense, for military construction, claim for injury to person or property that and and for defense activities of the De- results from the release or threatened re- (7) the permanent historical preservation partment of Energy, to prescribe mili- lease of a hazardous substance, pollutant, or of the B Reactor at Hanford as part of the tary personnel strengths for such fiscal contaminant as a result of activities of the Manhattan National Historical Park would year, and for other purposes; which was Department of Energy at the Hanford Site. provide significant savings to the Federal (e) NOTICE TO CONGRESS.—The enactment ordered to lie on the table; as follows: Government relative to placing the reactor of this section shall satisfy any notice to into interim safe storage and subsequently At the end of title XXXI, add the fol- Congress otherwise required for the convey- dismantling the reactor— lowing: ance described in subsection (a). (A) as determined as part of the Record of Subtitle E—Other Matters Decision entitled ‘‘Decommissioning of SEC. 3141. CONVEYANCE OF LAND AT THE HAN- SA 2492. Ms. CANTWELL (for herself, Eight Surplus Production 3 Reactors at the FORD SITE, RICHLAND, WASH- Mr. HEINRICH, Mrs. MURRAY, and Mr. Hanford Site, Richland, WA’’; and INGTON. UDALL of New Mexico) submitted an (B) as included within milestone M–093–00 (a) CONVEYANCE REQUIRED.— amendment intended to be proposed by of the Hanford Federal Facility Agreement (1) IN GENERAL.—The Secretary of Energy her to the bill S. 1197, to authorize ap- and Consent Order. shall convey, for consideration at the esti- propriations for fiscal year 2014 for (b) PURPOSES.—The purposes of this section are— mated fair market value or, in accordance military activities of the Department with paragraph (2), below such value, to the (1) to preserve and protect for the benefit Community Reuse Organization of the Han- of Defense, for military construction, and education of present and future genera- ford Site, Richland, Washington (in this sec- and for defense activities of the De- tions the nationally significant historic re- tion referred to as the ‘‘Organization’’) all partment of Energy, to prescribe mili- sources associated with the Manhattan right, title, and interest of the United States tary personnel strengths for such fiscal Project; in and to the real property, including any year, and for other purposes; which was (2) to improve public understanding of the improvements thereon, described in para- ordered to lie on the table; as follows: Manhattan Project and the legacy of the graph (3). Manhattan Project through interpretation of At the end of title XXXI, add the fol- (2) CONSIDERATION.—The Secretary may the historic resources associated with the lowing: convey real property pursuant to paragraph Manhattan Project; (1) for consideration below the estimated fair Subtitle E—Other Matters (3) to enhance public access to the Histor- market value of the real property, or with- SEC. 3141. MANHATTAN PROJECT NATIONAL HIS- ical Park, consistent with protection of pub- out consideration, only if the Organization— TORICAL PARK. lic safety, national security, and other as- (A) agrees that the net proceeds from any (a) FINDINGS.—Congress finds that— pects of the mission of the Department of sale or lease of the real property (or any por- (1) the Manhattan Project was an unprece- Energy; and tion of the real property) received by the Or- dented top-secret program implemented dur- (4) to assist the Department of Energy, ganization during at least the seven-year pe- ing World War II to produce an atomic bomb Historical Park communities, historical so- riod beginning on the date of the conveyance before Nazi Germany; cieties, and other interested organizations will be used to support economic redevelop- (2) a panel of experts convened by the and individuals in efforts to preserve and ment of, or related to, the Hanford Site; and President’s Advisory Council on Historic protect the historically significant resources (B) executes the agreement for the convey- Preservation in 2001— associated with the Manhattan Project. ance and accepts control of the real property (A) stated that ‘‘the development and use (c) DEFINITIONS.—In this section: within a reasonable time. of the atomic bomb during World War II has (1) HISTORICAL PARK.—The term ‘‘Histor- (3) REAL PROPERTY DESCRIBED.—The real been called ‘the single most significant event ical Park’’ means the Manhattan Project Na- property described in this paragraph is the of the 20th century’ ’’; and tional Historical Park established under sub- real property consisting of two parcels of (B) recommended that nationally signifi- section (d). land of approximately 1,341 acres and 300 cant sites associated with the Manhattan (2) MANHATTAN PROJECT.—The term ‘‘Man- acres, respectively, of the Hanford Site, as Project be formally established as a collec- hattan Project’’ means the Federal program requested by the Organization on May 31, tive unit and be administered for preserva- to develop an atomic bomb ending on Decem- 2011, and October 13, 2011, and as depicted tion, commemoration, and public interpreta- ber 31, 1946. within the proposed boundaries on the map tion in cooperation with the National Park (3) SECRETARY.—The term ‘‘Secretary’’ titled ‘‘Attachment 2—Revised Map’’ in- Service; means the Secretary of the Interior. cluded in the letter sent by the Organization (3) the Manhattan Project National Histor- (d) ESTABLISHMENT OF MANHATTAN PROJECT to the Department of Energy on October 13, ical Park Study Act (Public Law 108–340; 118 NATIONAL HISTORICAL PARK.— 2011. Stat. 1362) directed the Secretary of the Inte- (1) ESTABLISHMENT.— (4) ALTERNATIVE REAL PROPERTY.—At the rior, in consultation with the Secretary of (A) IN GENERAL.—Subject to subparagraph discretion of the Secretary, the real property Energy, to conduct a special resource study (B), there is established in the States of described in paragraph (3) may be exchanged of the historically significant sites associ- Washington, New Mexico, and Tennessee a for equivalent parcels of land that are mutu- ated with the Manhattan Project to assess unit of the National Park System to be ally agreed upon by the Secretary and the the national significance, suitability, and known as the ‘‘Manhattan Project National Organization. feasibility of designating 1 or more sites as a Historical Park’’. (5) REAL PROPERTY EXCLUDED.—Any real unit of the National Park System; (B) DETERMINATION BY SECRETARY RE- property or associated subsurface right that (4) after significant public input, the Na- QUIRED.—The Historical Park shall not be es- is deemed to be not suitable for conveyance tional Park Service study found that ‘‘in- tablished until the date on which the Sec- by the Secretary shall not be conveyed. cluding Manhattan Project-related sites in retary determines that—

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(i) sufficient land or interests in land have Manhattan Project for purposes of admin- (4) LAND ACQUISITION.— been acquired from among the sites de- istering the Historical Park; and (A) IN GENERAL.—The Secretary may only scribed in paragraph (2) to constitute a man- (B) ensure that the agreement provides an acquire land and interests in land within the ageable park unit; or appropriate role for the National Park Serv- eligible areas described in subsection (d)(2) (ii) the Secretary has entered into an ice in preserving the historic resources cov- by— agreement with the Secretary of Energy in ered by the agreement. (i) transfer of administrative jurisdiction accordance with subsection (e). (3) RESPONSIBILITIES OF THE SECRETARY OF from the Department of Energy by agree- (2) ELIGIBLE AREAS.—The Historical Park ENERGY.—Any agreement under paragraph (1) ment between the Secretary and the Sec- may be comprised of 1 or more of the fol- shall provide that the Secretary of Energy— retary of Energy; or lowing areas or portions of the areas, as gen- (A) shall ensure that the agreement appro- (ii) purchase from willing sellers, donation, erally depicted on the map entitled ‘‘Man- priately protects public safety, national se- or exchange. hattan Project National Historical Park curity, and other aspects of the ongoing mis- (B) FACILITIES.—The Secretary may ac- Sites’’, numbered 540/108,834–C (4 pages), and sion of the Department of Energy at the Los quire land or interests in land in the vicinity dated September 2012: Alamos National Laboratory, Hanford Site, of Historical Park for visitor and adminis- (A) OAK RIDGE, TENNESSEE.—Facilities, and Oak Ridge Reservation; trative facilities. land, or interests in land that are— (B) may consult with and provide histor- (5) DONATIONS; COOPERATIVE AGREEMENTS.— (i) at Buildings 9204–3 and 9731 at the Y–12 ical information to the Secretary concerning (A) FEDERAL FACILITIES.— National Security Complex; the Manhattan Project; and (i) IN GENERAL.—The Secretary may enter (ii) at the X–10 Graphite Reactor at the (C) shall retain responsibility, in accord- into 1 or more agreements with the head of Oak Ridge National Laboratory; ance with applicable law, for any environ- a Federal agency to provide public access to, (iii) at the K–25 Building site at the East mental remediation and structural safety and management, interpretation, and his- Tennessee Technology Park; that may be necessary in or around the fa- toric preservation of, historically significant (iv) at the former Guest House located at cilities, land, or interests in land governed Manhattan Project resources under the juris- 210 East Madison Road; and by the agreement. diction or control of the Federal agency. (v) at other sites within the boundary of (4) AMENDMENTS.—The agreement under (ii) DONATIONS; COOPERATIVE AGREE- the city of Oak Ridge, Tennessee, that are paragraph (1) may be amended, including to MENTS.—The Secretary may accept dona- not depicted on the map described in this add to the Historical Park facilities, land, or tions from, and enter into cooperative agree- paragraph, but are determined by the Sec- interests in land described in subsection ments with, State governments, units of retary to be suitable and appropriate for in- (d)(2) that are under the jurisdiction of the local government, tribal governments, orga- clusion, except that sites owned or managed Secretary of Energy. nizations, or individuals to further the pur- (f) PUBLIC PARTICIPATION.— by the Secretary of Energy may be included pose of an interagency agreement entered (1) IN GENERAL.—The Secretary shall con- only with the concurrence of the Secretary into under clause (i). of Energy. sult with interested State, county, and local (B) TECHNICAL ASSISTANCE.—The Secretary officials, organizations, and interested mem- (B) LOS ALAMOS, NEW MEXICO.—Facilities, may provide technical assistance to State, bers of the public— land, or interests in land that are— local, or tribal governments, organizations, (i) in the Los Alamos Scientific Labora- (A) before executing any agreement under or individuals for the management, interpre- tory National Historic Landmark District or subsection (e); and tation, and historic preservation of histori- any addition to the Landmark District pro- (B) in the development of the general man- cally significant Manhattan Project re- posed in the National Historic Landmark agement plan under subsection (g)(2). sources not included within the Historical Nomination—Los Alamos Scientific Labora- (2) NOTICE OF DETERMINATION.—Not later Park. tory (LASL) NHL District (Working Draft of than 30 days after the date on which an (C) DONATIONS TO DEPARTMENT OF EN- NHL Revision), Los Alamos National Lab- agreement under subsection (e) is executed, ERGY.—For the purposes of this section, or oratory document LA–UR 12–00387 (January the Secretary shall publish in the Federal for the purpose of preserving or providing ac- 26, 2012); Register notice of the establishment of the cess to historically significant resources re- (ii) at the former East Cafeteria located at Historical Park, including an official bound- lating to the Manhattan Project, the Sec- 1670 Nectar Street; and ary map. retary of Energy may accept, hold, admin- (iii) at the former dormitory located at (3) AVAILABILITY OF MAP.—The official 1725 17th Street. boundary map published under paragraph (2) ister, and use gifts, bequests, and devises (in- cluding labor and services). (C) HANFORD, WASHINGTON.—Facilities, shall be on file and available for public in- land, or interests in land that are— spection in the appropriate offices of the Na- Mr. KAINE (for himself and (i) in the B Reactor National Historic tional Park Service. SA 2493. Landmark; (4) ADDITIONS.—Any land, interest in land, Mr. WARNER) submitted an amendment (ii) at the Hanford High School in the town or facility within the eligible areas described intended to be proposed by him to the of Hanford and Hanford Construction Camp in subsection (d)(2) that is acquired by the bill S. 1197, to authorize appropriations Historic District; Secretary or included in an amendment to for fiscal year 2014 for military activi- (iii) at the White Bluffs Bank building in the agreement under subsection (e)(2) shall ties of the Department of Defense, for the White Bluffs Historic District; be added to the Historical Park. military construction, and for defense (iv) at the warehouse in the Bruggemann’s (g) ADMINISTRATION.— activities of the Department of Energy, (1) IN GENERAL.—The Secretary shall ad- Agricultural Complex; to prescribe military personnel (v) at the Hanford Irrigation District Pump minister the Historical Park in accordance House; and with— strengths for such fiscal year, and for (vi) at the T Plant (221–T Process Build- (A) this section; and other purposes; which was ordered to ing). (B) the laws generally applicable to units lie on the table; as follows: (3) AVAILABILITY OF MAP.—The map de- of the National Park System, including— At the end of subtitle H of title X, add the scribed in paragraph (2) shall be kept on file (i) the National Park System Organic Act following: and available for public inspection in the ap- (16 U.S.C. 1 et seq.); and SEC. 1082. PETERSBURG NATIONAL BATTLEFIELD propriate offices of the National Park Serv- (ii) the Act of August 21, 1935 (16 U.S.C. 461 BOUNDARY MODIFICATION. ice and the Department of Energy. et seq.). (a) IN GENERAL.—The boundary of the Pe- (e) AGREEMENT.— (2) GENERAL MANAGEMENT PLAN.—Not later tersburg National Battlefield is modified to (1) IN GENERAL.—Not later than 1 year after than 3 years after the date on which funds include the land and interests in land as gen- the date of enactment of this Act, the Sec- are made available to carry out this section, erally depicted on the map titled ‘‘Peters- retary and the Secretary of Energy (acting the Secretary, in consultation with the Sec- burg National Battlefield Boundary Expan- through the Oak Ridge, Richland, and Los retary of Energy, shall complete a general sion’’, numbered 325/80,080, and dated June Alamos site offices) shall enter into an management plan for the Historical Park in 2007. The map shall be on file and available agreement governing the respective roles of accordance with— for public inspection in the appropriate of- the Secretary and the Secretary of Energy in (A) section 12(b) of Public Law 91–383 (com- fices of the National Park Service. administering the facilities, land, or inter- monly known as the ‘‘National Park Service (b) ACQUISITION OF PROPERTIES.—The Sec- ests in land under the administrative juris- General Authorities Act’’) (16 U.S.C. 1a–7(b)); retary of the Interior (referred to in this sec- diction of the Department of Energy that is and tion as the ‘‘Secretary’’) is authorized to ac- to be included in the Historical Park, includ- (B) the agreement established under sub- quire the land and interests in land, de- ing provisions for public access, manage- section (e). scribed in subsection (a), from willing sellers ment, interpretation, and historic preserva- (3) INTERPRETIVE TOURS.—The Secretary only, by donation, purchase with donated or tion. may, subject to applicable law, provide in- appropriated funds, exchange, or transfer. (2) RESPONSIBILITIES OF THE SECRETARY.— terpretive tours of historically significant (c) ADMINISTRATION.—The Secretary shall Any agreement under paragraph (1) shall Manhattan Project sites and resources in the administer any land or interests in land ac- provide that the Secretary shall— States of Tennessee, New Mexico, and Wash- quired under subsection (b) as part of the Pe- (A) have decisionmaking authority for the ington that are located outside the boundary tersburg National Battlefield in accordance content of historic interpretation of the of the Historical Park. with applicable laws and regulations.

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(d) ADMINISTRATIVE JURISDICTION TRANS- specified in the funding table in section 4201 ments, in order to address immediate threat FER.— is hereby increased by $1,000,000, with the mitigation needs and increase funds for the (1) IN GENERAL.—There is transferred— amount of the increase to be available for Capital Security Cost Sharing Program for (A) from the Secretary to the Secretary of the Improved Turbine Engine Program. fiscal year 2014, including to address infla- the Army administrative jurisdiction over (b) OFFSET.—The amount authorized to be tion and increased construction costs. the approximately 1.170-acre parcel of land appropriated for fiscal year 2014 by section (c) RESTRICTION ON CONSTRUCTION OF OF- depicted as ‘‘Area to be transferred to Fort 201 and available for Research, Development, FICE SPACE.—Section 604(e)(2) of the Secure Lee Military Reservation’’ on the map de- Test, and Evaluation, Army as specified in Embassy Construction and Counterterrorism scribed in paragraph (2); and the funding table in section 4201 is hereby de- Act of 1999 (title VI of division A of H.R. 3427, (B) from the Secretary of the Army to the creased by $1,000,000, with the amount of the as enacted into law by section 1000(a)(7) of Secretary administrative jurisdiction over decrease to be applied to amounts so avail- Public Law 106–113; 113 Stat. 1501A–453; 22 the approximately 1.171-acre parcel of land able for programs, projects, and activities U.S.C. 4865 note) is amended by adding at the depicted as ‘‘Area to be transferred to Pe- other than the Improved Turbine Engine end the following: ‘‘A project to construct a tersburg National Battlefield’’ on the map Program. diplomatic facility of the United States may described in paragraph (2). not include office space or other accommoda- (2) MAP.—The land transferred is depicted SA 2496. Mr. MENENDEZ (for himself tions for an employee of a Federal agency or on the map titled ‘‘Petersburg National Bat- and Mr. CORKER) submitted an amend- department if the Secretary of State deter- tlefield Proposed Transfer of Administrative ment intended to be proposed by him mines that such department or agency has Jurisdiction’’, numbered 325/80,801A, dated to the bill S. 1197, to authorize appro- not provided to the Department of State the May 2011. The map shall be on file and avail- priations for fiscal year 2014 for mili- full amount of funding required by paragraph able for public inspection in the appropriate (1), except that such project may include of- offices of the National Park Service. tary activities of the Department of fice space or other accommodations for (3) CONDITIONS OF TRANSFER.—The transfer Defense, for military construction, and members of the United States Marine of administrative jurisdiction under para- for defense activities of the Depart- Corps.’’. graph (1) is subject to the following condi- ment of Energy, to prescribe military SEC. 1622. IMMEDIATE THREAT MITIGATION. tions: personnel strengths for such fiscal (a) ALLOCATION OF AUTHORIZED APPROPRIA- (A) NO REIMBURSEMENT OR CONSIDER- year, and for other purposes; which was TIONS.—In addition to any funds otherwise ATION.—The transfer is without reimburse- ordered to lie on the table; as follows: made available for such purposes, the De- ment or consideration. At the end of division A, add the following: partment of State shall, notwithstanding (B) MANAGEMENT.—The land transferred to any other provision of law except as provided the Secretary under paragraph (1) shall be TITLE XVI—EMBASSY SECURITY AND in subsection (d), use $300,000,000 of the fund- included within the boundary of the Peters- OTHER MATTERS ing provided in section 1621 for immediate burg National Battlefield and shall be ad- SEC. 1601. DEFINITIONS. threat mitigation projects, with priority ministered as part of that park in accord- In this title: given to facilities determined to be ‘‘high ance with applicable laws and regulations. (1) APPROPRIATE CONGRESSIONAL COMMIT- threat, high risk’’ pursuant to section 1652. TEES.—The term ‘‘appropriate congressional (b) ALLOCATION OF FUNDING.—In allocating SA 2494. Mr. HARKIN submitted an committees’’ means the Committee on For- funding for threat mitigation projects, the amendment intended to be proposed by eign Relations of the Senate and the Com- Secretary of State shall prioritize funding him to the bill S. 1197, to authorize ap- mittee on Foreign Affairs of the House of for— propriations for fiscal year 2014 for Representatives. (1) the construction of safeguards that pro- military activities of the Department (2) FACILITIES.—The term ‘‘facilities’’ en- vide immediate security benefits; of Defense, for military construction, compasses embassies, consulates, expedi- (2) the purchasing of additional security and for defense activities of the De- tionary diplomatic facilities, and any other equipment, including additional defensive partment of Energy, to prescribe mili- diplomatic facilities, not in the United weaponry; States, including those that are intended for (3) the paying of expenses of additional se- tary personnel strengths for such fiscal temporary use. curity forces, with an emphasis on funding year, and for other purposes; which was Subtitle A—Embassy Security United States security forces where prac- ordered to lie on the table; as follows: ticable; and SEC. 1611. SHORT TITLE. At the end of subtitle F of title V, add the (4) any other purposes necessary to miti- This subtitle may be cited as the ‘‘Chris following: gate immediate threats to United States per- Stevens, Sean Smith, Tyrone Woods, and SEC. 573. SUPPORT FOR EFFORTS TO IMPROVE sonnel serving overseas. Glen Doherty Embassy Security, Threat ACADEMIC ACHIEVEMENT AND (c) TRANSFER.—The Secretary may trans- TRANSITION OF MILITARY DEPEND- Mitigation, and Personnel Protection Act of fer and merge funds authorized under sub- ENT STUDENTS. 2013’’. section (a) to any appropriation account of The Secretary of Defense may make grants PART I—FUNDING AUTHORIZATION AND the Department of State for the purpose of to nonprofit organizations that provide serv- TRANSFER AUTHORITY carrying out the threat mitigation projects ices to improve the academic achievement of SEC. 1621. CAPITAL SECURITY COST SHARING described in subsection (b). military dependent students, including those PROGRAM. (d) USE OF FUNDS FOR OTHER PURPOSES.— nonprofit organizations whose programs (a) AUTHORIZATION OF APPROPRIATIONS.— Notwithstanding the allocation requirement focus on improving the civic responsibility There is authorized to be appropriated for under subsection (a), funds subject to such of military dependent students and their un- fiscal year 2014 for the Department of State requirement may be used for other author- derstanding of the Federal Government $1,383,000,000, to be available until expended, ized purposes of the Capital Security Cost through direct exposure to the operations of for the Capital Security Cost Sharing Pro- Sharing Program if, not later than 15 days the Federal Government. gram, authorized by section 604(e) of the Se- prior to such use, the Secretary certifies in writing to the appropriate congressional Mr. BLUMENTHAL sub- cure Embassy Construction and Counterter- SA 2495. rorism Act of 1999 (title VI of division A of committees that— mitted an amendment intended to be H.R. 3427, as enacted into law by section (1) high threat, high risk facilities are proposed by him to the bill S. 1197, to 1000(a)(7) of Public Law 106–113; 113 Stat. being secured to the best of the United authorize appropriations for fiscal year 1501A–453; 22 U.S.C. 4865 note). States Government’s ability; and 2014 for military activities of the De- (b) SENSE OF CONGRESS ON THE CAPITAL SE- (2) the Secretary of State will make funds partment of Defense, for military con- CURITY COST SHARING PROGRAM.—It is the available from the Capital Security Cost struction, and for defense activities of sense of Congress that— Sharing Program or other sources to address the Department of Energy, to prescribe (1) the Capital Security Cost Sharing Pro- any changed security threats or risks, or new or emergent security needs, including imme- military personnel strengths for such gram should prioritize the construction of new facilities and the maintenance of exist- diate threat mitigation. fiscal year, and for other purposes; ing facilities in high threat, high risk areas SEC. 1623. LANGUAGE TRAINING. which was ordered to lie on the table; in addition to addressing immediate threat (a) IN GENERAL.—Title IV of the Omnibus as follows: mitigation as set forth in section 1612, and Diplomatic Security and Antiterrorism Act At the end of subtitle B of title II, add the should take into consideration the priorities of 1986 (22 U.S.C. 4851 et seq.) is amended by following: of other government agencies that are con- adding at the end the following new section: SEC. 217. IMPROVED TURBINE ENGINE PRO- tributing to the Capital Security Cost Shar- ‘‘SEC. 416. LANGUAGE REQUIREMENTS FOR DIP- GRAM. ing Program when replacing or upgrading LOMATIC SECURITY PERSONNEL AS- (a) INCREASE.—The amount authorized to diplomatic facilities; and SIGNED TO HIGH THREAT, HIGH be appropriated for fiscal year 2014 by sec- (2) all United States Government agencies RISK POSTS. tion 201 and available for Research, Develop- are required to pay into the Capital Security ‘‘(a) IN GENERAL.—Diplomatic security per- ment, Test, and Evaluation, Army for Avia- Cost Sharing Program a percentage of total sonnel assigned permanently to, or who are tion Advanced Technology (PE 06003A) as costs determined by interagency agree- serving in, long-term temporary duty status

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.052 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8497 as designated by the Secretary of State at a security training requirements for high ability to satisfy the needs of the Depart- high threat, high risk post should receive threat, high risk environments. ment of State by technically acceptable, language training described in subsection (b) (3) EFFECT OF CERTIFICATION.—If the cer- lowest price evaluation award. in order to prepare such personnel for duty tification in paragraph (2) is made— SEC. 1632. DISCIPLINARY ACTION RESULTING requirements at such post. (A) up to $100,000,000 of the funds author- FROM UNSATISFACTORY LEADER- ‘‘(b) LANGUAGE TRAINING DESCRIBED.—Lan- ized to be appropriated under subsection (b) SHIP IN RELATION TO A SECURITY guage training referred to in subsection (a) shall also be authorized for the purposes set INCIDENT. should prepare personnel described in such forth in paragraph (1); or Section 304(c) of the Diplomatic Security subsection— (B) up to $100,000,000 of funds available for Act (22 U.S.C. 4834 (c)) is amended— ‘‘(1) to speak the language at issue with the acquisition, construction, or operation of (1) by redesignating paragraphs (1), (2), and sufficient structural accuracy and vocabu- Department of State facilities may be trans- (3) as subparagraphs (A), (B), and (C), respec- lary to participate effectively in most formal ferred and used for the purposes set forth in tively, and moving such subparagraphs, as so and informal conversations on subjects ger- paragraph (1). redesignated, 2 ems to the right; mane to security; and (d) USE OF FUNDS APPROPRIATED UNDER THE (2) by striking ‘‘RECOMMENDATIONS’’ and in- ‘‘(2) to read within an adequate range of AMERICAN REINVESTMENT AND RECOVERY ACT serting the following: ‘‘RECOMMENDATIONS.— speed and with almost complete comprehen- OF 2009.—Of the funds appropriated to the ‘‘(1) IN GENERAL.—Whenever’’; and sion on subjects germane to security.’’. Department of State under title XI of the (3) by inserting at the end the following (b) AUTHORIZATION OF APPROPRIATIONS.— American Reinvestment and Recovery Act of new paragraph: There is authorized to be appropriated 2009 (Public Law 111–5), $54,545,177 is to re- ‘‘(2) CERTAIN SECURITY INCIDENTS.—Unsatis- $5,000,000 annually for fiscal years 2014 and main available until September 30, 2016, for factory leadership by a senior official with 2015 to carry out this section. activities consistent with subsections (b) and respect to a security incident involving loss (c) INSPECTOR GENERAL REVIEW.—The In- (c). of life, serious injury, or significant destruc- spector General of the Department of State tion of property at or related to a United and Broadcasting Board of Governors shall, SEC. 1625. TRANSFER AUTHORITY. Section 4 of the Foreign Service Buildings States Government mission abroad may be at the end of fiscal years 2014 and 2015, re- grounds for disciplinary action. If a Board view the language training conducted pursu- Act of 1926 (22 U.S.C. 295) is amended by add- ing at the end the following new subsections: finds reasonable cause to believe that a sen- ant to this section and make the results of ior official provided such unsatisfactory such reviews available to the Secretary of ‘‘(j)(1) In addition to exercising any other transfer authority available to the Secretary leadership, the Board may recommend dis- State and the appropriate congressional ciplinary action subject to the procedures in committees. of State, and subject to subsection (k), the Secretary may transfer to, and merge with, paragraph (1).’’. SEC. 1624. FOREIGN AFFAIRS SECURITY TRAIN- SEC. 1633. MANAGEMENT AND STAFF ACCOUNT- ING. any appropriation for embassy security, con- ABILITY. (a) SENSE OF CONGRESS.—It is the sense of struction, and maintenance such amounts (a) AUTHORITY OF SECRETARY OF STATE.— Congress that— appropriated for any other purpose related to Nothing in this subtitle or any other provi- (1) Department of State employees and diplomatic and consular programs on or sion of law shall be construed to prevent the their families deserve improved and efficient after October 1, 2013, as the Secretary deter- Secretary of State from using all authorities programs and facilities for high threat train- mines are necessary to provide for the secu- invested in the office of Secretary to take ing and training on risk management deci- rity of sites and buildings in foreign coun- personnel action against any employee or of- sion processes; tries under the jurisdiction and control of ficial of the Department of State that the (2) improved and efficient high threat, high the Secretary. Secretary determines has breached the duty risk training is consistent with the Benghazi ‘‘(2) Any funds transferred under the au- of that individual or has engaged in mis- Accountability Review Board (ARB) rec- thority provided in paragraph (1) shall be conduct or unsatisfactorily performed the ommendation number 17; merged with funds in the heading to which duties of employment of that individual, and (3) improved and efficient security training transferred, and shall be available subject to such misconduct or unsatisfactory perform- should take advantage of training synergies the same terms and conditions as the funds ance has significantly contributed to the se- that already exist, like training with, or in with which merged. rious injury, loss of life, or significant de- close proximity to, Fleet Antiterrorism Se- ‘‘(k) Not later than 15 days before any struction of property, or a serious breach of curity Teams (FAST), special operations transfer of funds under subsection (j), the security, even if such action is the subject of forces, or other appropriate military and se- Secretary shall notify the Committees on an Accountability Review Board’s examina- curity assets; and Foreign Relations and Appropriations of the tion under section 304(a) of the Diplomatic (4) the Secretary of State should undertake Senate and the Committees on Foreign Af- Security Act (22 U.S.C. 4834(a)). temporary measures, including leveraging fairs and Appropriations of the House of Rep- (b) ACCOUNTABILITY.—Section 304 of the the availability of existing government and resentatives.’’. Diplomatic Security Act (22 U.S.C. 4834) is private sector training facilities, to the ex- PART II—CONTRACTING AND OTHER amended— tent appropriate to meet the critical secu- MATTERS (1) in subsection (c), by inserting after rity training requirements of the Depart- SEC. 1631. LOCAL GUARD CONTRACTS ABROAD ‘‘breached the duty of that individual’’ the ment of State. UNDER DIPLOMATIC SECURITY PRO- following: ‘‘or has engaged in misconduct or (b) AUTHORIZATION OF APPROPRIATIONS FOR GRAM. unsatisfactorily performed the duties of em- IMMEDIATE SECURITY TRAINING FOR HIGH (a) IN GENERAL.—Section 136(c)(3) of the ployment of that individual, and such mis- THREAT, HIGH RISK ENVIRONMENTS.—There is Foreign Relations Authorization Act, Fiscal authorized to be appropriated for the Depart- Years 1990 and 1991 (22 U.S.C. 4864(c)(3)) is conduct or unsatisfactory performance has ment of State $100,000,000 for improved im- amended to read as follows: significantly contributed to the serious in- mediate security training for high threat, ‘‘(3) in evaluating proposals for such con- jury, loss of life, or significant destruction of high risk security environments, including tracts, award contracts to technically ac- property, or the serious breach of security through the utilization of government or pri- ceptable firms offering the lowest evaluated that is the subject of the Board’s examina- vate sector facilities to meet critical secu- price, except that— tion as described in subsection (a),’’; rity training requirements. ‘‘(A) the Secretary may award contracts on (2) by redesignating subsection (d) as sub- (c) ADDITIONAL AUTHORIZATION OF APPRO- the basis of best value (as determined by a section (e); and PRIATIONS FOR LONG-TERM SECURITY TRAINING cost-technical tradeoff analysis); and (3) by inserting after subsection (c) the fol- FOR HIGH THREAT, HIGH RISK ENVIRON- ‘‘(B) proposals received from United States lowing new subsection: MENTS.— persons and qualified United States joint ‘‘(d) MANAGEMENT ACCOUNTABILITY.—When- (1) IN GENERAL.—There is authorized to be venture persons shall be evaluated by reduc- ever a Board determines that an individual appropriated $350,000,000 for the acquisition, ing the bid price by 10 percent;’’. has engaged in any conduct addressed in sub- construction, and operation of a new Foreign (b) REPORT.—Not later than 1 year after section (c), the Board shall evaluate the Affairs Security Training Center or expand- the date of the enactment of this Act, the level and effectiveness of management and ing existing government training facilities, Secretary shall submit to the appropriate oversight conducted by employees or offi- subject to the certification requirement in congressional committees a report that in- cials in the management chain of such indi- paragraph (2). cludes— vidual.’’. (2) REQUIRED CERTIFICATION.—Not later (1) an explanation of the implementation SEC. 1634. SECURITY ENHANCEMENTS FOR SOFT than 15 days prior to the obligation or ex- of paragraph (3) of section 136(c) of the For- TARGETS. penditure of any funds authorized to be ap- eign Relations Authorization Act, Fiscal Section 29 of the State Department Basic propriated pursuant to paragraph (1), the Years 1990 and 1991, as amended by sub- Authorities Act of 1956 (22 U.S.C. 2701) is President shall certify to the appropriate section (a); and amended in the third sentence by inserting congressional committees that the acquisi- (2) for each instance in which an award is ‘‘physical security enhancements and’’ after tion, construction, and operation of a new made pursuant to subparagraph (A) of such ‘‘Such assistance may include’’. Foreign Affairs Security Training Center, or paragraph, as so amended, a written jus- SEC. 1635. REEMPLOYMENT OF ANNUITANTS. the expansion of existing government train- tification and approval, providing the basis Section 824(g) of the Foreign Service Act of ing facilities, is necessary to meet long-term for such award and an explanation of the in- 1980 (22 U.S.C. 4064(g)) is amended—

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.053 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8498 CONGRESSIONAL RECORD — SENATE November 21, 2013 (1) in paragraph (1)(B), by striking ‘‘to fa- Act, the Secretary of State shall submit to sular Relations, done at Vienna April 24, cilitate the’’ and all that follows through the appropriate congressional committees an 1963, and the 1961 Vienna Convention on Dip- ‘‘Afghanistan, if’’ and inserting ‘‘to facilitate unclassified report, with a classified annex, lomatic Relations, done at Vienna April 18, the assignment of persons to high threat, on the implementation by the Department of 1961; high risk posts or to posts vacated by mem- State of the recommendations of the Ac- (4) an assessment of the quality and experi- bers of the Service assigned to high threat, countability Review Board convened pursu- ence level of the team of United States sen- high risk posts, if’’; ant to title III of the Omnibus Diplomatic ior security personnel assigned to the facil- (2) by amending paragraph (2) to read as and Antiterrorism Act of 1986 (22 U.S.C. 4831 ity, considering collectively the assignment follows: et seq.) to examine the facts and cir- durations and lengths of government experi- ‘‘(2) The Secretary shall submit to the cumstances surrounding the September 11– ence; Committee on Foreign Relations of the Sen- 12, 2012, killings of four United States Gov- (5) the number of Foreign Service Officers ate and the Committee on Foreign Affairs of ernment personnel in Benghazi, Libya. who have received Foreign Affairs Counter the House of Representatives a report on the (b) CONTENT.—The report required under Threat training; incurred costs over the prior fiscal year of subsection (a) shall include the following ele- (6) a summary of the requests made during the total compensation and benefit pay- ments: the previous calendar year for additional re- ments to annuitants reemployed by the De- (1) An assessment of the overall state of sources, equipment, or personnel related to partment pursuant to this section.’’; and the Department of State’s diplomatic secu- the security of the facility and the status of (3) by adding after paragraph (3) the fol- rity to respond to the evolving global threat such requests; lowing paragraphs: environment, and the broader steps the De- (7) an assessment of the ability of United ‘‘(4) In the event that an annuitant quali- partment of State is taking to improve the States personnel to respond to and survive a fied for compensation or payments pursuant security of United States diplomatic per- fire attack, including— to this subsection subsequently transfers to sonnel in the aftermath of the Account- (A) whether the facility has adequate fire a position for which the annuitant would not ability Review Board Report. qualify for a waiver under this subsection, safety and security equipment for safehavens (2) A description of the specific steps taken and safe areas; and the Secretary may no longer waive the appli- by the Department of State to address each cation of subsections (a) through (d) with re- (B) whether the employees working at the of the 29 recommendations contained in the facility have been adequately trained on the spect to such annuitant. Accountability Review Board Report, includ- ‘‘(5) The authority of the Secretary to equipment available; ing— waive the application of subsections (a) (8) for each new facility that is opened, a (A) an assessment of whether implementa- through (d) for an annuitant pursuant to this detailed description of the steps taken to subsection shall terminate on October 1, tion of each recommendation is ‘‘complete’’ provide security for the new facility, includ- 2019.’’. or is still ‘‘in progress’’; and ing whether a dedicated support cell was es- (B) if the Secretary of State determines PART III—EXPANSION OF THE MARINE tablished in the Department of State to en- not to fully implement any of the 29 rec- sure proper and timely resourcing of secu- CORPS SECURITY GUARD DETACHMENT ommendations in the Accountability Review PROGRAM rity; and Board Report, a thorough explanation as to (9) a listing of any ‘‘high-threat, high-risk’’ SEC. 1641. MARINE CORPS SECURITY GUARD why such a decision was made. facilities where the Department of State and PROGRAM. (3) An enumeration and assessment of any (a) IN GENERAL.—Pursuant to the responsi- other government agencies’ facilities are not significant challenges that have slowed or bility of the Secretary of State for diplo- collocated including— interfered with the Department of State’s matic security under section 103 of the Dip- (A) a rationale for the lack of collocation; implementation of the Accountability Re- lomatic Security Act (22 U.S.C. 4802), the and view Board recommendations, including— Secretary of State, in coordination with the (B) a description of what steps, if any, are Secretary of Defense, shall— (A) a lack of funding or resources made being taken to mitigate potential security (1) develop and implement a plan to incor- available to the Department of State; vulnerabilities associated with the lack of porate the additional Marine Corps Security (B) restrictions imposed by current law collocation. that in the Secretary of State’s judgment Guard personnel authorized pursuant to sec- (c) DETERMINATION OF HIGH THREAT, HIGH should be amended; and tion 404 of the National Defense Authoriza- RISK FACILITY.—In determining what facili- tion Act for Fiscal Year 2013 (Public Law (C) difficulties caused by a lack of coordi- ties constitute ‘‘high threat, high risk facili- 112–239; 10 U.S.C. 5983 note) at United States nation between the Department of State and ties’’ under this section, the Secretary shall embassies, consulates, and other facilities; other United States Government agencies. take into account with respect to each facil- and SEC. 1652. DESIGNATION AND REPORTING FOR ity whether there are— (2) conduct an annual review of the Marine HIGH THREAT, HIGH RISK FACILI- (1) high to critical levels of political vio- TIES. Corps Security Guard Program, including— lence or terrorism; (a) REPORT REQUIRED.—Not later than 90 (A) an evaluation of whether the size and days after the date of the enactment of this (2) national or local governments with in- composition of the Marine Corps Security Act, and annually thereafter, the Secretary adequate capacity or political will to provide Guard Program is adequate to meet global of State, in consultation with the Director of appropriate protection; and diplomatic security requirements; National Intelligence and the Secretary of (3) in locations where there are high to (B) an assessment of whether Marine Corps Defense, shall submit to the Committee on critical levels of political violence or ter- security guards are appropriately deployed Foreign Relations, the Select Committee on rorism or national or local governments lack among facilities to respond to evolving secu- Intelligence, and the Committee on Armed the capacity or political will to provide ap- rity developments and potential threats to Services of the Senate and the Committee on propriate protection— United States interests abroad; and Foreign Affairs, the Permanent Select Com- (A) mission physical security platforms (C) an assessment of the mission objectives mittee on Intelligence, and the Committee that fall well below the Department of of the Marine Corps Security Guard Program on Armed Services of the House of Rep- State’s established standards; or and the procedural rules of engagement to resentatives a classified report, with an un- (B) security personnel levels that are insuf- protect diplomatic personnel under the Pro- classified summary, evaluating Department ficient for the circumstances. gram. of State facilities that the Secretary of (d) INSPECTOR GENERAL REVIEW AND RE- (b) REPORTING REQUIREMENT.—Not later State determines to be ‘‘high threat, high PORT.—The Inspector General for the Depart- than 180 days after the date of the enactment risk’’ in accordance with subsection (c). ment of State and the Broadcasting Board of of this Act, and annually thereafter for three (b) CONTENT.—For each facility determined Governors shall, on an annual basis— years, the Secretary of State, in coordina- to be ‘‘high threat, high risk’’ pursuant to (1) review the determinations of the De- tion with the Secretary of Defense, shall sub- subsection (a), the report submitted under partment of State with respect to high mit to the appropriate congressional com- such subsection shall also include— threat, high risk facilities, including the mittees an unclassified report, with a classi- (1) a narrative assessment describing the basis for making such determinations; fied annex as necessary, that addresses the security threats and risks facing posts over- (2) review contingency planning for high requirements set forth in subsection (a)(2). seas and the overall threat level to United threat, high risk facilities and evaluate the PART IV—REPORTING ON THE IMPLEMEN- States personnel under chief of mission au- measures in place to respond to attacks on TATION OF THE ACCOUNTABILITY RE- thority; such facilities; VIEW BOARD RECOMMENDATIONS (2) the number of diplomatic security per- (3) review the risk mitigation measures in SEC. 1651. DEPARTMENT OF STATE IMPLEMENTA- sonnel, Marine Corps security guards, and place at high threat, high risk facilities to TION OF THE RECOMMENDATIONS other Department of State personnel dedi- determine how the Department of State PROVIDED BY THE ACCOUNTABILITY cated to providing security for United States evaluates risk and whether the measures put REVIEW BOARD CONVENED AFTER personnel, information, and facilities; in place sufficiently address the relevant THE SEPTEMBER 11–12, 2012, AT- TACKS ON UNITED STATES GOVERN- (3) an assessment of host nation willing- risks; MENT PERSONNEL IN BENGHAZI, ness and capability to provide protection in (4) review early warning systems in place LIBYA. the event of a security threat or incident, at high threat, high risk facilities and evalu- (a) REPORT REQUIRED.—Not later than 90 pursuant to the obligations of the United ate the measures being taken to preempt and days after the date of the enactment of this States under the Vienna Convention on Con- disrupt threats to such facilities; and

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.053 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8499 (5) provide to the appropriate congres- (1) an overview of the SETL; and ‘‘(3) Previous service as the Regional Secu- sional committees an assessment of the de- (2) a summary assessment of the security rity Officer at two or more overseas posts. terminations of the Department of State posture of those facilities where the SETL ‘‘(4) Other government or private sector ex- with respect to high threat, high risk facili- assesses the threat environment to be most perience substantially equivalent to service ties, including recommendations for addi- acute, including factors that informed such in the positions listed in paragraphs (1) tions or changes to the list of such facilities, assessment. through (3).’’. and a report regarding the reviews and eval- PART V—ACCOUNTABILITY REVIEW Subtitle B—Naval Vessel Transfers and uations undertaken pursuant to paragraphs BOARDS Security Enhancement (1) through (4) and this paragraph. SEC. 1661. SENSE OF CONGRESS. SEC. 1681. SHORT TITLE. SEC. 1653. DESIGNATION AND REPORTING FOR It is the sense of Congress that— This subtitle may be cited as the ‘‘Naval HIGH-RISK COUNTERINTELLIGENCE Vessel Transfer and Security Enhancement THREAT POSTS. (1) the Accountability Review Board mech- anism as outlined in section 302 of the Omni- Act of 2013’’. (a) REPORT REQUIRED.—Not later than 180 days after the date of the enactment of this bus Diplomatic Security and Antiterrorism SEC. 1682. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS. Act, the Secretary of State, in conjunction Act (22 U.S.C. 4832) is an effective tool to col- (a) TRANSFERS BY GRANT.— with appropriate officials in the intelligence lect information about and evaluate adverse (1) AUTHORITY.—The President is author- community and the Secretary of Defense, incidents that occur in a world that is in- ized to transfer vessels to foreign countries shall submit to the appropriate committees creasingly complex and dangerous for United on a grant basis under section 516 of the For- of Congress a report assessing the counter- States diplomatic personnel; and eign Assistance Act of 1961 (22 U.S.C. 2321j), intelligence threat to United States diplo- (2) the Accountability Review Board subject to paragraph (2), as follows: matic facilities in Priority 1 Counterintel- should provide information and analysis that EXICO.—To the Government of Mex- ligence Threat Nations, including— will assist the Secretary, the President, and (A) M ico, the OLIVER HAZARD PERRY class (1) an assessment of the use of locally em- Congress in determining what contributed to guided missile frigates USS CURTS (FFG–38) ployed staff and guard forces and a listing of an adverse incident as well as what new and USS MCCLUSKY (FFG–41). diplomatic facilities in Priority 1 Counter- measures are necessary in order to prevent (B) THAILAND.—To the Government of intelligence Threat Nations without con- the recurrence of such incidents. Thailand, the OLIVER HAZARD PERRY trolled access areas; and SEC. 1662. PROVISION OF COPIES OF ACCOUNT- class guided missile frigates USS RENTZ (2) recommendations for mitigating any ABILITY REVIEW BOARD REPORTS (FFG–46) and USS VANDEGRIFT (FFG–48). counterintelligence threats and for any nec- TO CONGRESS. (b) TRANSFER BY SALE TO THE TAIPEI ECO- essary facility upgrades, including costs as- Not later than 2 days after an Account- ability Review Board provides its report to NOMIC AND CULTURAL REPRESENTATIVE OF- sessment of any recommended mitigation or FICE IN THE UNITED STATES.—The President upgrades so recommended. the Secretary of State in accordance with title III of the Omnibus Diplomatic and is authorized to transfer the OLIVER HAZ- (b) DEFINITIONS.—In this section: ARD PERRY class guided missile frigates (1) APPROPRIATE COMMITTEES OF CON- Antiterrorism Act of 1986 (22 U.S.C. 4831 et seq.), the Secretary shall provide copies of USS TAYLOR (FFG–50), USS GARY (FFG– GRESS.—The term ‘‘appropriate committees the report to the appropriate congressional 51), USS CARR (FFG–52), and USS ELROD of Congress’’ means— (FFG–55) to the Taipei Economic and Cul- (A) the Committee on Foreign Relations, committees for retention and review by those committees. tural Representative Office in the United the Select Committee on Intelligence, the SEC. 1663. CHANGES TO EXISTING LAW. States (which is the Taiwan instrumentality Committee on Armed Services, and the Com- designated pursuant to section 10(a) of the (a) MEMBERSHIP.—Section 302(a) of the Om- mittee on Appropriations of the Senate; and Taiwan Relations Act (22 U.S.C. 3309(a))) on (B) the Committee on Foreign Affairs, the nibus Diplomatic Security and Antiterrorism Act (22 U.S.C. 4832(a)) is a sale basis under section 21 of the Arms Ex- Permanent Select Committee on Intel- amended by inserting ‘‘one of which shall be port Control Act (22 U.S.C. 2761). ligence, the Committee on Armed Services, (c) TRANSFER TO PAKISTAN BY GRANT UPON a former Senate-confirmed Inspector General and the Committee on Appropriations of the CERTIFICATIONS.— of a Federal department or agency,’’ after ‘‘4 House of Representatives. (1) AUTHORITY.—The President is author- appointed by the Secretary of State,’’. (2) PRIORITY 1 COUNTERINTELLIGENCE (b) STAFF.—Section 302(b)(2) of the Omni- ized in each of fiscal years 2014 through 2016 THREAT NATION.—The term ‘‘Priority 1 Coun- bus Diplomatic Security and Antiterrorism to transfer to the Government of Pakistan terintelligence Threat Nation’’ means a Act (22 U.S.C. 4832(b)(2)) is amended by add- one of the OLIVER HAZARD PERRY class country designated as such by the October ing at the end the following: ‘‘Such persons guided missile frigates USS KLAKRING 2012 National Intelligence Priorities Frame- shall be drawn from bureaus or other agency (FFG–42), USS DE WERT (FFG–45), and USS work (NIPF). sub-units that are not impacted by the inci- ROBERT G. BRADLEY (FFG–49) on a grant SEC. 1654. COMPTROLLER GENERAL REPORT ON dent that is the subject of the Board’s re- basis under section 516 of the Foreign Assist- IMPLEMENTATION OF BENGHAZI AC- view.’’. ance Act (22 U.S.C. 2321j), 15 days after certi- COUNTABILITY REVIEW BOARD REC- fying to the appropriate congressional com- PART VI—OTHER MATTERS OMMENDATIONS. mittees that the Government of Pakistan (a) IN GENERAL.—Not later than 120 days SEC. 1671. ENHANCED QUALIFICATIONS FOR DEP- is— after the date of the enactment of this Act, UTY ASSISTANT SECRETARY OF (A) cooperating with the United States the Comptroller General of the United States STATE FOR HIGH THREAT, HIGH RISK POSTS. Government in counterterrorism efforts shall submit to the appropriate congres- against the Haqqani Network, the Quetta sional committees a report on the progress The Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended by in- Shura Taliban, Lashkar e-Tayyiba, Jaish-e- of the Department of State in implementing Mohammed, al Qaeda, and other domestic the recommendations of the Benghazi Ac- serting after section 206 (22 U.S.C. 4824) the following new section: and foreign terrorist organizations, includ- countability Review Board. ing taking concrete and measurable steps (b) CONTENT.—The report required under ‘‘SEC. 207. DEPUTY ASSISTANT SECRETARY OF to— subsection (a) shall include— STATE FOR HIGH THREAT, HIGH (i) end Government of Pakistan support for (1) an assessment of the progress the De- RISK POSTS. ‘‘The individual serving as Deputy Assist- such groups; partment of State has made in implementing ant Secretary of State for High Threat, High (ii) prevent such groups from basing and each specific recommendation of the Ac- Risk Posts shall have one or more of the fol- operating in Pakistan; and countability Review Board; and lowing qualifications: (iii) prevent such groups from carrying out (2) a description of any impediments to ‘‘(1) Service during the last six years at cross-border attacks into neighboring coun- recommended reforms, such as budget con- one or more posts designated as High Threat, tries; straints, bureaucratic obstacles within the High Risk by the Department of State at the (B) not supporting terrorist activities Department or in the broader interagency time of service. against United States or coalition forces or community, or limitations under current ‘‘(2) Previous service as the office director United States citizens in Afghanistan or law. or deputy director of one or more of the fol- elsewhere, or any organizations planning, (c) FORM.—The report required under sub- section (a) shall be submitted in unclassified lowing Department of State offices or suc- conducting, or advocating such activities; form but may contain a classified annex. cessor entities carrying out substantively (C) taking concrete and measurable steps equivalent functions: to dismantle improvised explosive device SEC. 1655. SECURITY ENVIRONMENT THREAT LIST BRIEFINGS. ‘‘(A) The Office of Mobile Security Deploy- (IED) networks and interdict precursor (a) IN GENERAL.—Not later than 90 days ments. chemicals used in the manufacture of IEDs; after the date of the enactment of this Act, ‘‘(B) The Office of Special Programs and (D) not engaging in, and taking concrete and upon each subsequent update of the Se- Coordination. and measurable steps to prevent the pro- curity Environment Threat List (SETL), the ‘‘(C) The Office of Overseas Protective Op- liferation of nuclear-related material, equip- Bureau of Diplomatic Security shall provide erations. ment, technology, and expertise; classified briefings to the appropriate con- ‘‘(D) The Office of Physical Security Pro- (E) issuing visas in a timely manner for gressional committees on the SETL. grams. United States visitors engaged in counterter- (b) CONTENT.—The briefings required under ‘‘(E) The Office of Intelligence and Threat rorism efforts, assistance programs, and De- subsection (a) shall include— Analysis. partment of State operations in Pakistan;

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(F) providing humanitarian organizations the Committee on Foreign Affairs of the (c) FORM.—Each report submitted under access to detainees, internally displaced per- House of Representatives, the Secretary of this section shall be submitted in unclassi- sons, and other Pakistani civilians affected State shall provide notification of such pend- fied form, but may include a classified by the conflict; ing shipment, in unclassified form, with a annex. (G) taking steps towards releasing Dr. classified annex as necessary, to the Com- Shakil Afridi from prison and clearing him mittee on Foreign Relations of the Senate SA 2498. Mr. MENENDEZ submitted of all charges; and and the Committee on Foreign Affairs of the an amendment intended to be proposed (H) ensuring that the military and intel- House of Representatives.’’. by him to the bill S. 1197, to authorize ligence agencies of the Government of Paki- SEC. 1684. INCREASE IN ANNUAL LIMITATION ON appropriations for fiscal year 2014 for stan are not intervening into political and TRANSFER OF EXCESS DEFENSE AR- military activities of the Department judicial processes in Pakistan. TICLES. of Defense, for military construction, Section 516(g)(1) of the Foreign Assistance (2) WAIVER.— and for defense activities of the De- (A) IN GENERAL.—The President may waive Act of 1961 (22 U.S.C. 2321j(g)(1)) is amended the certification requirements under para- by striking ‘‘$425,000,000’’ and inserting partment of Energy, to prescribe mili- graph (1) in any of fiscal years 2014 through ‘‘$500,000,000’’. tary personnel strengths for such fiscal 2016 if the President determines, and notifies SEC. 1685. INTEGRATED AIR AND MISSILE DE- year, and for other purposes; which was the appropriate congressional committees, FENSE PROGRAMS AT TRAINING LO- ordered to lie on the table; as follows: that it is in the national security interests CATIONS IN SOUTHWEST ASIA. At the end of subtitle C of title XII, add of the United States to waive such require- (a) AUTHORITY.—Notwithstanding section the following: ment. 544(c)(1) of the Foreign Assistance Act of 1961 SEC. 1237. CONTROL OF ARMS EXPORTS OF SUB- (B) EFFECTIVE DATE OF WAIVER.—The waiv- (22 U.S.C. 2347(c)(1)), for fiscal years 2014 STANTIAL MILITARY OR INTEL- er shall become effective 45 days after the through 2016, the President is authorized to LIGENCE UTILITY. President provides to the appropriate con- enter into cooperative arrangements pro- Section 38(a)(1) of the Arms Export Control gressional committees a report detailing the viding for the participation of foreign and Act (22 U.S.C. 2778(a)(1)) is amended by in- reasons for making the determination and an United States military and civilian defense serting after ‘‘for the purposes of this sec- analysis of the degree to which the actions of personnel for integrated air and missile de- tion’’ the following: ‘‘and which are in the the Government of Pakistan do or do not fense programs in Southwest Asia without President’s judgment of substantial military satisfy the criteria in subparagraphs (A)–(H) charge to participating countries and, not- utility or capability such that they warrant of paragraph (1). withstanding section 632(d) of such Act (22 special controls to ensure that the export of (d) ALTERNATIVE TRANSFER AUTHORITY.— U.S.C. 2392(d)), without charge to the fund such items do not provide a substantial mili- Notwithstanding the authority provided in available to carry out chapter II of part II of tary or intelligence capability to foreign subsections (a), (b), and (c) to transfer spe- the Foreign Assistance Act (22 U.S.C. 2311 et countries or to foreign persons to the det- cific vessels to specific countries, the Presi- seq.). riment of the national security of friends dent is authorized to transfer any vessel (b) REPORT.—Not later than one year after and allies of the United States or the named in this title to any country named in the date of the enactment of this Act, and achievement of the foreign policy and na- this section, subject to the same conditions annually thereafter until a final summary tional security objectives of the United that would apply for such country under this report is submitted after the end of fiscal States,’’. section, such that the total number of ves- year 2016, the President shall submit to the sels transferred to such country does not ex- Committees on Armed Services of the Senate SA 2499. Mr. MCCAIN (for himself, ceed the total number of vessels authorized and the House of Representatives and the ap- Mrs. FEINSTEIN, Mr. COCHRAN, Ms. for transfer to such country by this section. propriate congressional committees a report CANTWELL, and Mr. WICKER) submitted (e) GRANTS NOT COUNTED IN ANNUAL TOTAL on the implementation of the authority pro- an amendment intended to be proposed OF TRANSFERRED EXCESS DEFENSE ARTI- vided under subsection (a), including a de- by him to the bill S. 1197, to authorize CLES.—The value of a vessel transferred to scription of the numbers of such partici- another country on a grant basis pursuant to pating foreign personnel, the cost of such appropriations for fiscal year 2014 for authority provided by subsection (a) or (c) non-reimbursable arrangements, and pros- military activities of the Department shall not be counted against the aggregate pects for equitable contributions from such of Defense, for military construction, value of excess defense articles transferred countries in the future. and for defense activities of the De- in any fiscal year under section 516 of the partment of Energy, to prescribe mili- Foreign Assistance Act of 1961 (22 U.S.C. SA 2497. Mr. WHITEHOUSE sub- tary personnel strengths for such fiscal 2321j). mitted an amendment intended to be year, and for other purposes; which was (f) COSTS OF TRANSFERS.—Any expense in- proposed by him to the bill S. 1197, to ordered to lie on the table; as follows: curred by the United States in connection authorize appropriations for fiscal year with a transfer authorized by this section At the end of subtitle H of title X, add the shall be charged to the recipient notwith- 2014 for military activities of the De- following: standing section 516(e) of the Foreign Assist- partment of Defense, for military con- SEC. 1082. TRANSFER OF AIRCRAFT TO OTHER ance Act of 1961 (22 U.S.C. 2321j(e)). struction, and for defense activities of DEPARTMENTS FOR WILDFIRE SUP- (g) REPAIR AND REFURBISHMENT IN UNITED the Department of Energy, to prescribe PRESSION PURPOSES. (a) TRANSFER OF HC–130H AIRCRAFT.— STATES SHIPYARDS.—To the maximum extent military personnel strengths for such practicable, the President shall require, as a (1) TRANSFER BY DEPARTMENT OF HOMELAND fiscal year, and for other purposes; SECURITY.—Not later than 30 days after the condition of the transfer of a vessel under which was ordered to lie on the table; this section, that the recipient to which the date of the enactment of this Act, the Sec- vessel is transferred have such repair or re- as follows: retary of Homeland Security, in consultation furbishment of the vessel as is needed, before On page 301, between lines 16 and 17 insert with the Secretary of Agriculture, shall the vessel joins the naval forces of that re- the following: transfer, without reimbursement— cipient, performed at a shipyard located in SECTION 945. MAJOR CYBER INCIDENTS INVOLV- (A) 7 HC–130H aircraft to the Secretary of the United States. ING NETWORKS OF THE DEPART- the Air Force; and (h) EXPIRATION OF AUTHORITY.—The au- MENT OF DEFENSE. (B) initial spares and necessary ground thority to transfer a vessel under this sec- (a) REPORTS REQUIRED.—Not later than 180 support equipment for HC–130H aircraft to tion shall expire at the end of the 3-year pe- days after the date of enactment of this Act, the Secretary of Agriculture for use by the riod beginning on the date of the enactment and annually thereafter, the Secretary of De- Forest Service Director of Aviation and Fire of this Act. fense shall submit to Congress a report on Management as large air tanker wildfire sup- SEC. 1683. ENHANCED CONGRESSIONAL OVER- major cyber incidents involving networks of pression aircraft. SIGHT OF FOREIGN MILITARY the Department of Defense. (2) AIR FORCE ACTIONS.—Subject to the SALES. (b) ELEMENTS.—Each report required under availability of funds provided by the Under- Section 36 of the Arms Export Control Act subsection (a) shall include the following: secretary of Defense, Comptroller, to the (22 U.S.C. 2776) is amended by adding at the (1) A summary of major cyber incidents Secretary of the Air Force for HC–130H modi- end the following new subsection: against networks of the Department of De- fications, the Secretary of the Air Force ‘‘(i) PRIOR NOTIFICATION OF SHIPMENT OF fense and the military departments. shall— ARMS.—At least 30 days prior to a shipment (2) Aggregate statistics on the number of (A) accept the HC–130H aircraft transferred of defense articles subject to the require- breaches against networks of the Depart- by the Secretary of Homeland Security ments of subsection (b) to countries other ment of Defense and the military depart- under paragraph (1); than a member country of the North Atlan- ments, the volume of data exfiltrated, and (B) at the first available opportunity, tic Treaty Organization (NATO) or Aus- the estimated cost of remedying the promptly schedule and serially synchronize tralia, Japan, Israel, the Republic of Korea, breaches. with the Secretary of Homeland Security or New Zealand at the joint request of the (3) A discussion of the risk of cyber sabo- and the Secretary of Agriculture the induc- Chairman and Ranking Member of the Com- tage against the networks of the Department tion of HC–130H aircraft to minimize mainte- mittee on Foreign Relations of the Senate or of Defense and the military departments. nance induction on-ramp wait time of HC–

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.053 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8501 130H aircraft, while also affording the Sec- him to the bill S. 1197, to authorize ap- subsection (a) or (b) of section 107 of such retary of Homeland Security reasonable ac- propriations for fiscal year 2014 for title if such covered individual engaged in cess to operational aircraft prior to the air- military activities of the Department any disqualifying conduct during service de- craft’s induction into maintenance functions of Defense, for military construction, scribed in such subsections, including col- described in subparagraph (C); and for defense activities of the De- laboration with the enemy or criminal con- (C) perform center and outer wingbox re- duct. placement modifications, progressive fuse- partment of Energy, to prescribe mili- lage structural inspections, and configura- tary personnel strengths for such fiscal tion modifications necessary to convert each year, and for other purposes; which was SA 2502. Ms. BALDWIN submitted an HC–130H aircraft as large air tanker wildfire ordered to lie on the table; as follows: amendment intended to be proposed by suppression aircraft; and At the end of subtitle H of title X, add the her to the bill S. 1197, to authorize ap- (D) after modifications described in sub- following: propriations for fiscal year 2014 for paragraph (C) are completed for each HC– SEC. 1082. REQUIREMENT FOR PROMPT RE- 130H aircraft, the Secretary of the Air Force SPONSES FROM SECRETARY OF DE- military activities of the Department shall transfer each aircraft without reim- FENSE WHEN SECRETARY OF VET- of Defense, for military construction, bursement to the Secretary of Agriculture ERANS AFFAIRS REQUESTS INFOR- and for defense activities of the De- for use by the Forest Service Director of MATION NECESSARY TO ADJU- partment of Energy, to prescribe mili- Aviation and Fire Management as large air DICATE BENEFITS CLAIMS. (a) DEADLINE FOR PROMPT RESPONSE.— tary personnel strengths for such fiscal tanker wildfire suppression aircraft. Whenever the Secretary of Veterans Affairs year, and for other purposes; which was (3) REIMBURSEMENT.—The Undersecretary submits a request to the Secretary of De- of Defense, Comptroller, shall promptly re- ordered to lie on the table; as follows: fense for information that the Secretary of imburse the Secretary of the Air Force for Veterans Affairs determines is necessary to At the end of subtitle E of title XXVIII, all fiscal resources utilized by the Depart- adjudicate a claim for a benefit under a law add the following: ment of the Air Force to perform the HC– administered by the Secretary of Veterans 130H modifications described under para- SEC. 2842. RESPONSIBILITY FOR ENVIRON- Affairs, the Secretary of Defense shall at- MENTAL REMEDIATION AT BADGER graph (2). tempt to furnish such information to the (b) TRANSFER OF C–23B+ SHERPA AIR- ARMY AMMUNITION PLANT, Secretary of Veterans Affairs by not later CRAFT.—The Secretary of the Army shall BARABOO, WISCONSIN. than 45 days after receiving the request from transfer, without reimbursement— (a) DEFINITIONS.—In this section: the Secretary of Veterans Affairs. (1) up to 15 C–23B+ Sherpa aircraft in fiscal (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (b) EXTENSION OF DEADLINE.—In a case in year 2014 to the Secretary of Agriculture, which the Secretary of Defense is unable to has the meaning given the term in section 4 subject to the quantity of C–23B+ Sherpa air- furnish the Secretary of Veterans Affairs of the Indian Self-Determination and Edu- craft that the Forest Service Director of with information requested under subsection cation Assistance Act (25 U.S.C. 450b). Aviation and Fire Management determines (a) within the 45-day period set forth in such (2) PLANT.—The term ‘‘plant’’ means the are required to meet fire-fighting require- subsection, the Secretary of Defense shall Badger Army Ammunition Plant near ments; and furnish the Secretary of Veterans Affairs Baraboo, Wisconsin. (2) initial spares and necessary ground sup- with the information requested by not later (3) PROPERTY.—The term ‘‘property’’ in- port equipment for operation of C–23B+ Sher- than 15 days after the end of the 45-day pe- cludes— pa aircraft to the Secretary of Agriculture riod set forth in such subsection. (A) the plant; for use by the Forest Service Director of (B) any land located in Sauk County, Wis- Aviation and Fire Management. SA 2501. Mr. HELLER (for himself consin, and managed by the Federal Govern- (c) CONDITIONS OF CERTAIN TRANSFERS.— and Ms. HIRONO) submitted an amend- ment relating to the plant; and Aircraft transferred to the Secretary of Agri- ment intended to be proposed by him (C) any structure on the land described in culture under this section— subparagraph (B). (1) may be used only for wildfire suppres- to the bill S. 1197, to authorize appro- sion purposes; priations for fiscal year 2014 for mili- (b) RETENTION OF ENVIRONMENTAL LIABIL- (2) may not be flown outside of, or other- tary activities of the Department of ITY.— wise removed from, the United States unless Defense, for military construction, and (1) IN GENERAL.—Subject to paragraph (2), dispatched by the National Interagency Fire for defense activities of the Depart- if administrative jurisdiction over the prop- Center in support of an international agree- erty is transferred to another Federal agency ment of Energy, to prescribe military to be held in trust, the Department of De- ment to assist in wildfire suppression efforts personnel strengths for such fiscal or for other purposes approved by the Sec- fense shall retain sole and exclusive Federal retary of Agriculture in writing in advance; year, and for other purposes; which was responsibility and liability to fund and im- and ordered to lie on the table; as follows: plement any action required under the Com- (3) may not be sold by the Secretary of Ag- At the appropriate place in title X, insert prehensive Environmental Response, Com- riculture after transfer. the following: pensation, and Liability Act of 1980 (42 (d) COSTS AFTER TRANSFER.—Any costs of SEC. lll. DETERMINATION OF CERTAIN SERV- U.S.C. 9601 et seq.), the Safe Drinking Water operation, maintenance, sustainment, and ICE IN PHILIPPINES DURING WORLD Act (42 U.S.C. 300f et seq.), or any other ap- disposal of excess aircraft, initial spares, and WAR II. plicable Federal or State law. ground support equipment transferred to the (a) IN GENERAL.—The Secretary of Vet- (2) LIMITATION.—The liability described in Secretary of Agriculture under this section erans Affairs, in consultation with the Sec- paragraph (1) is limited to the remediation that are incurred after the date of transfer retary of Defense and such military histo- of environmental contamination caused by shall be borne by the Secretary of Agri- rians as the Secretary of Defense rec- the activities of the Department of Defense culture. ommends, shall review the process used to that existed before the date on which the (e) TRANSFER OF C–27J AIRCRAFT.—Imme- determine whether a covered individual property is transferred. diately following the certification require- served as described in subsection (a) or (b) of ment under subsection (f), the Secretary of section 107 of title 38, United States Code, for (c) EFFECT.—Except as otherwise provided Defense shall transfer, without reimburse- purposes of determining whether such cov- in this section, nothing in this section— ment— ered individual is eligible for benefits de- (1) relieves the Secretary of Defense, the (A) 14 C–27J aircraft to the Secretary of scribed in such subsections. Administrator of the Environmental Protec- Homeland Security; and (B) initial spares (b) COVERED INDIVIDUALS.—For purposes of tion Agency, the Secretary of the Interior, and necessary ground support equipment for this section, a covered individual is any indi- or any other person from any obligation or 14C–27J aircraft to the Secretary of Home- vidual who— liability under any Federal or State law with land Security for use by the Commandant of (1) claims service described in subsection respect to the plant; the Coast Guard as maritime patrol aircraft. (a) or (b) of section 107 of title 38, United (2) affects or limits the application of, or (f) CERTIFICATION REQUIREMENT.—Notwith- any obligation to comply with, any environ- standing any other provision of law, the Sec- States Code; and mental law, including— retary of Defense shall not transfer any air- (2) is not included in the Approved Revised craft to either the Secretary of Agriculture Reconstructed Guerilla Roster of 1948, (A) the Comprehensive Environmental Re- or the Secretary of Homeland Security until known as the ‘‘Missouri List’’. sponse, Compensation, and Liability Act of the Secretary of Defense and the Director of (c) PROHIBITION ON BENEFITS FOR DISQUALI- 1980 (42 U.S.C. 9601 et seq.); and the Office of Management and Budget certify FYING CONDUCT UNDER NEW PROCESS.—If pur- (B) the Solid Waste Disposal Act (42 U.S.C. to the congressional defense committees suant to the review conducted under sub- 6901 et seq.); or that adequate funding has been transferred section (a) the Secretary of Veterans Affairs (3) prevents the United States from bring- to the Secretary of the Air Force for the pur- determines to establish a new process for de- ing a cost recovery, contribution, or any pose of modifying all 7 HC–130H aircraft iden- termining whether a covered individual is el- other action that would otherwise be avail- tified in subsection (a) aircraft as large air igible for benefits described in subsection (a) able under any Federal or State law. tanker wildfire suppression aircraft. or (b) of section 107 of such title, such proc- ess shall include a mechanism to ensure that SA 2500. Mr. HELLER submitted an a covered individual is not treated as an in- SA 2503. Ms. MURKOWSKI submitted amendment intended to be proposed by dividual eligible for a benefit described in an amendment intended to be proposed

VerDate Mar 15 2010 04:34 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.056 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8502 CONGRESSIONAL RECORD — SENATE November 21, 2013 by her to the bill S. 1197, to authorize enhance the security an stability of the (1) Information on how many residents are appropriations for fiscal year 2014 for Southwest Asia region and to assume addi- still located at Camp Liberty. military activities of the Department tional missions for their own defense as the (2) A description of the United Nations of Defense, for military construction, United States allocates additional resources High Commissioner on Refugees (UNHCR) to the mission of protecting Western inter- refugee process, the degree of resident co- and for defense activities of the De- ests in world areas not covered by existing operation with the process, and when the partment of Energy, to prescribe mili- alliances. process is expected to be completed. tary personnel strengths for such fiscal (7) A description of what additional actions (3) Information on how many residents year, and for other purposes; which was the President plans to take should the ef- have been given refugee status. ordered to lie on the table; as follows: forts by the United States referred to in (4) Information on how many residents At the end of subtitle H of title X, add the paragraphs (2) and (5) fail, and, in those in- have been relocated, and to which countries. following: stances where such additional actions do not (5) A detailed description of the current SEC. 1082. FORT WAINWRIGHT, ALASKA. include consideration of the repositioning of living conditions, including the security sit- Notwithstanding any other provision of the United States Armed Forces, a detailed uation, disposition of security resources, and law, the Secretary of the Army shall, on a explanation as to why such repositioning is decisions by camp residents on how to use nonreimbursable basis— not being so considered. those resources. (1) continue to provide, maintain, and sus- (8) A description of the United States mili- (6) Information on those countries that tain the Bureau of Land Management Alaska tary forces assigned to permanent duty would be willing and able to take residents. Fire Service facilities at Fort Wainwright, ashore in European member nations of NATO (7) A relocation plan, including a detailed Alaska, as the facilities existed on May 1, and an analysis of the cost of providing and outline of the steps that would need to be 2013; and maintaining such forces in such assignment taken by the recipient countries, the (2) provide the Alaska Fire Service any ac- primarily for support of NATO roles and mis- UNHCR, and the camp residents to relocate cess to any facilities and services at Fort sions. the residents to other countries. Wainwright, Alaska, that the Alaska Fire (9) A description of the United States mili- (c) SPECIFIED CONGRESSIONAL COMMITTEES Service may require for the fulfillment of tary forces assigned to permanent duty DEFINED.—In this section, the term ‘‘speci- the mission of the Alaska Fire Service. ashore in European member nations of NATO fied congressional committees’’ means— primarily in support of other United States (1) the Committees on Foreign Relations, SA 2504. Mr. RISCH submitted an interests in other regions of the world and an Armed Services, Homeland Security and amendment intended to be proposed by analysis of the cost of providing and main- Governmental Affairs, and Judiciary of the him to the bill S. 1197, to authorize ap- taining such forces in such assignment pri- Senate; and (2) the Committees on Foreign Affairs, propriations for fiscal year 2014 for marily for that purpose. (10) A specific enumeration and description Armed Services, Homeland Security, and Ju- military activities of the Department of the offsets to United States costs of pro- diciary of the House of Representatives. of Defense, for military construction, viding and maintaining United States mili- and for defense activities of the De- tary forces in Europe that the United States SA 2506. Mr. MCCAIN submitted an partment of Energy, to prescribe mili- received from other NATO member nations amendment intended to be proposed by tary personnel strengths for such fiscal in the fiscal year covered by the report, set him to the bill S. 1197, to authorize ap- year, and for other purposes; which was out by country and by type of assistance, in- propriations for fiscal year 2014 for ordered to lie on the table; as follows: cluding both in-kind assistance and direct military activities of the Department cash reimbursement, and the projected off- At the end of subtitle C of title XII, add of Defense, for military construction, sets for the five fiscal years following the fis- the following: cal year covered by the report. and for defense activities of the De- SEC. 1237. ANNUAL REPORT ON ALLIED CON- (c) FORM.—The report required under this partment of Energy, to prescribe mili- TRIBUTIONS TO THE COMMON DE- section shall be submitted in unclassified tary personnel strengths for such fiscal FENSE. form, but may include a classified annex as (a) IN GENERAL.—Not later than March 1, year, and for other purposes; which was necessary. 2014, and annually thereafter, the Secretary ordered to lie on the table; as follows: (d) OTHER ALLIED NATIONS DEFINED.—In of Defense shall submit to the congressional this section, the term ‘‘other allied nations’’ At the end of subtitle C of title I, add the defense committees a report on allied con- means the member nations of— following: tributions to the common defense. (1) the Australia, New Zealand, and United SEC. 126. LIMITATION ON AVAILABILITY OF (b) ELEMENTS.—The report required under States Security Treaty; FUNDS FOR LITTORAL COMBAT subsection (a) shall include the following ele- (2) the Treaty of Mutual Cooperation and SHIP. ments: Security between the United States and The Secretary of the Navy may not obli- (1) A comparison of the fair and equitable Japan; gate or expend funds for construction or ad- shares of the mutual defense burdens of alli- (3) the Mutual Defense Treaty Between the vanced procurement of materials for the Lit- ances with NATO member nations and other United States and the Republic of Korea; and toral Combat Ships (LCS) designated as LCS allied nations that should be borne by the (4) the Cooperation Council for the Arab 25 or LCS 26 until the Secretary submits to United States, by other member nations of States of the Gulf. Congress each of the following: NATO, and by other allied nations, based (1) The report required by section 125(a). upon economic strength and other relevant SA 2505. Mr. MCCAIN submitted an (2) A coordinated determination by the Di- factors, and the actual defense efforts of amendment intended to be proposed by rector of Operational Test and Evaluation each nation together with an explanation of him to the bill S. 1197, to authorize ap- and the Under Secretary of Defense for Ac- disparities that currently exist and their im- quisition, Technology, and Logistics that pact on mutual defense efforts. propriations for fiscal year 2014 for successful completion of the test evaluation (2) A description of efforts by the United military activities of the Department master plan for both seaframes and each States and the efforts of other members of of Defense, for military construction, mission module will demonstrate oper- the alliances to eliminate any existing dis- and for defense activities of the De- ational effectiveness and operational suit- parities. partment of Energy, to prescribe mili- ability. (3) Projected estimates of the real growth tary personnel strengths for such fiscal (3) A certification that the Joint Require- in defense spending for the fiscal year in year, and for other purposes; which was ments Oversight Council— which the report is submitted for each NATO ordered to lie on the table; as follows: (A) has reviewed the capabilities of the leg- member nation and other allied nations. At the end of subtitle B of title XII, add acy systems that the Littoral Combat Ship (4) A description of the defense-related ini- the following: is planned to replace and has compared these tiatives undertaken by each NATO member capabilities to those to be provided by the SEC. 1220. REPORT ON RELOCATION PLAN FOR nation and other allied nations within the RESIDENTS OF CAMP LIBERTY, Littoral Combat Ship; real growth in defense spending of such na- IRAQ. (B) has assessed the adequacy of the cur- tion in the fiscal year immediately preceding (a) REPORT REQUIRED.—Not later than 120 rent Capabilities Development Document the fiscal year in which the report is sub- days after the date of the enactment of this (CDD) for the Littoral Combat Ship to meet mitted. Act, the Secretary of State, the Secretary of combatant command requirements and to (5) An explanation of those instances in Homeland Security, and the Attorney Gen- address future threats as reflected in the lat- which the commitments to real growth in eral shall jointly submit to the specified con- est assessment by the defense intelligence defense spending have not been realized and gressional committees a report on the cur- community; and a description of efforts being made by the rent situation at Camp Liberty, Iraq, and (C) has either validated the current Capa- United States to ensure fulfillment of these provide a strategy on the relocation of camp bilities Development Document or directed important NATO and other alliance commit- residents to other countries. the Secretary to update the current Capa- ments. (b) ELEMENTS.—The report required under bilities Development Document based on the (6) A description of the activities of each subsection (a) shall include the following ele- performance of the Littoral Combat Ship and NATO member and other allied nations to ments: mission modules to date.

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.057 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8503 (4) A report on the expected performance of transfers of technology, manufacturing, and dustrial Products Corporation established each seaframe variant and mission module jobs resulting in onerous trade imbalances under section 1435(a)(1). against the current or updated Capabilities with the United States and trading partners (6) CORPORATION BOARD.—The term ‘‘Cor- Development Document. of the United States. poration Board’’ means the Board of Direc- (6) Certification that a Capability Produc- (5) Direct links exist between heavy rare tors of the Corporation established under tion Document will be completed for each earth mineralogy and thorium. section 1435(b)(1). mission module before operational testing. (6) Thorium is a mildly radioactive ele- (7) EXECUTIVE COMMITTEE.—The term ‘‘Ex- ment commonly associated with the lan- ecutive Committee’’ means the executive SA 2507. Mr. RUBIO submitted an thanide elements in the most heavy rare committee established under section amendment intended to be proposed by earth deposits that are located in the United 1435(b)(2). him to the bill S. 1197, to authorize ap- States and elsewhere. (8) INITIAL BOARD OF DIRECTORS.—The term propriations for fiscal year 2014 for (7) Regulations regarding thorium rep- ‘‘Initial Board of Directors’’ means the ini- military activities of the Department resent a barrier to the development of a tial Board of Directors for the Cooperative heavy rare earth industry that is based in established under section 1434(b)(1)(A). of Defense, for military construction, the United States. (9) INSTITUTION OF HIGHER EDUCATION.—The and for defense activities of the De- (8) Balancing the strategic national inter- term ‘‘institution of higher education’’ has partment of Energy, to prescribe mili- est objectives of the United States against the meaning given that term in section tary personnel strengths for such fiscal economic and environmental risks are best 101(a) of the Higher Education Act of 1965 (20 year, and for other purposes; which was met through the creation of a rare earth co- U.S.C. 1001(a)). ordered to lie on the table; as follows: operative. (10) NATIONAL LABORATORY.—The term ‘‘na- At the end of subtitle C of title XII, add (9) A rare earth cooperative could— tional laboratory’’ has the meaning given the following: (A) greatly increase rare earth production; that term in section 2 of the Energy Policy (B) ensure environmental safety; and Act of 2005 (42 U.S.C. 15801). SEC. 1237. PROHIBITION ON PROVISION OF AS- (C) lower the cost of the production and fi- (11) SECRETARY.—The term ‘‘Secretary’’ SISTANCE TO GOVERNMENT OF SYRIA DURING DESTRUCTION OF nancial risks faced by rare earth producers means the Secretary of Defense. SYRIAN CHEMICAL WEAPONS PRO- in the United States. (12) SUPPLIER MEMBER.—The term ‘‘sup- GRAM. (10) Historically, agricultural and electric plier member’’ means a rare earth producer During fiscal years 2014 and 2015, the cooperatives have stood as one of the great- that enters into a contract to supply the Co- United States Government— est success stories of the United States. operative with rare earth concentrates. (1) may not provide any equipment to the (b) STATEMENT OF POLICY.—It is the policy (13) TOLLING.—The term ‘‘tolling’’ means a Government of Syria that will not be used of the United States to advance domestic re- fee-for-services contract between the Cooper- exclusively for the purposes of the destruc- fining of heavy rare earth materials and the ative and a primary rare earth producer tion of the Syrian chemical weapons pro- safe storage of thorium in anticipation of the under which— gram, or that will remain in Syria after all potential future industrial uses of thorium, (A) the producer retains ownership and the chemical weapons, facilities, and mate- including energy, as— control of the finished product; and rials are either removed from Syria or de- (1) thorium has a mineralogical associa- (B) pays to the Cooperative a fee for serv- stroyed in Syria; and tion with valuable heavy rare earth ele- ices rendered by the Cooperative. (2) shall take appropriate steps to ensure ments; SEC. 1434. THORIUM-BEARING RARE EARTH RE- that any United States Government equip- (2) there is a great need to develop domes- FINERY COOPERATIVE. ment provided to any other nation or entity tic refining capacity to process domestic (a) ESTABLISHMENT.— for the purposes of the destruction of the heavy rare earth deposits; and (1) IN GENERAL.—There is established a Co- Syrian chemical weapons program shall not (3) the economy of the United States would operative, to be known as the ‘‘Thorium- remain in Syria after all the chemical weap- benefit from the rapid development and con- Bearing Rare Earth Refinery Cooperative’’, ons, facilities, and materials are either re- trol of intellectual property relating to the to provide for the domestic processing of moved from Syria or destroyed in Syria. commercial development of technology uti- thorium-bearing rare earth concentrates. lizing thorium. (2) FEDERAL CHARTER; OWNERSHIP.—The Co- SA 2508. Mr. BLUNT submitted an SEC. 1433. DEFINITIONS. operative shall operate under a Federal char- amendment intended to be proposed by In this subtitle: ter. him to the bill S. 1197, to authorize ap- (1) ACTINIDE.—The term ‘‘actinide’’ means (3) MEMBERSHIP.— propriations for fiscal year 2014 for a natural element associated with any of the (A) COMPOSITION.—The Cooperative shall be military activities of the Department 15 rare earth minerals with atomic number comprised of— of Defense, for military construction, 43 and atomic numbers 84 through 93 on the (i) supplier members; and periodic table. (ii) consumer members. and for defense activities of the De- (2) CONSUMER MEMBER.— (B) SUPPLIER MEMBERS.— partment of Energy, to prescribe mili- (A) IN GENERAL.—The term ‘‘consumer (i) IN GENERAL.—As a condition of entering tary personnel strengths for such fiscal member’’ means a member of the Coopera- into a contract to supply the Cooperative year, and for other purposes; which was tive that is— with rare earth concentrates, supplier mem- ordered to lie on the table; as follows: (i) an entity that is part of, or has a role bers shall provide rare earth concentrates to At the end of title XIV, add the following: in, the value chain for rare earth materials the Cooperative at market price. or rare earth products, including from the (ii) CAPITAL CONTRIBUTIONS.—Any supplier Subtitle C—National Rare Earth Refinery refined oxide stage to the stage in which the member that makes significant capital con- Cooperative rare earth elements are finished in any phys- tributions to the Cooperative, as determined SEC. 1431. SHORT TITLE. ical or chemical form (including oxides, met- by the Cooperative Board, may become a This subtitle may be cited as the ‘‘Na- als, alloys, catalysts, or components); or consumer member for purposes of the dis- tional Rare Earth Cooperative Act of 2013’’. (ii) a consumer of rare earth products. tribution of profits of the Cooperative under SEC. 1432. FINDINGS; STATEMENT OF POLICY. (B) INCLUSIONS.—The term ‘‘consumer subparagraph (D). (a) FINDINGS.—Congress makes the fol- member’’ includes— (C) CONSUMER MEMBER.—A consumer mem- lowing findings: (i) a producer of or other entity that is ber— (1) Heavy rare earth elements are critical part of the value chain for rare earth mate- (i) shall make capital contributions to the for the national defense of the United States, rials, including original equipment manufac- Cooperative in exchange for entering into advanced energy technologies, and other de- turer producers, whose place of business is negotiated supply agreements; and sirable commercial and industrial applica- located in or outside the United States; (ii) in accordance with the agreements en- tions. (ii) a defense contractor in the United tered into under clause (i), may acquire fin- (2) The Government Accountability Office States; and ished rare earth products from the Coopera- has confirmed that the monopoly control of (iii) any agency in the United States or tive at market price. the People’s Republic of China over the rare outside the United States that invests in the (D) DISTRIBUTION OF PROFITS.—Any profits earth value chain has resulted in Cooperative. of the Cooperative shall be distributed be- vulnerabilities in the procurement of mul- (3) COOPERATIVE.—The term ‘‘Cooperative’’ tween supplier members and consumer mem- tiple United States weapons systems. means the Thorium-Bearing Rare Earth Re- bers in accordance with a formula estab- (3) China has leveraged its monopoly con- finery Cooperative established by section lished by the Cooperative Board. trol over the rare earth value chain to force 1434(a)(1). (b) MANAGEMENT.— United States, European, Japanese, and Ko- (4) COOPERATIVE BOARD.—The term ‘‘Coop- (1) INITIAL BOARD OF DIRECTORS.— rean corporations to transfer manufacturing erative Board’’ means the Board of Directors (A) IN GENERAL.—As soon as practicable facilities, technology, and jobs to China in of the Cooperative established under section after the date of the enactment of this Act, exchange for secure supply contracts. 1434(b)(2). the Secretary shall appoint the Initial Board (4) China’s increasingly aggressive mer- (5) CORPORATION.—The term ‘‘Corporation’’ of Directors for the Cooperative, comprised cantile behavior has resulted in involuntary means the Thorium Storage, Energy, and In- of 5 members, of whom—

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(i) 1 member shall represent the Defense (A) enter into equity, financial, and sup- (e) REIMBURSEMENT OF FEDERAL GOVERN- Logistics Agency Strategic Materials pro- ply-based agreements or arrangements with MENT.—Not later than 7 years of the date of gram of the Department of Defense; value-added intermediaries, equipment man- the enactment of this Act, the Cooperative (ii) 1 member shall represent the Assistant ufacturers, consumers of rare earth products, shall reimburse the Federal Government for Secretary of Defense for Research and Engi- and Federal, State, or local agencies to pro- administrative costs associated with the es- neering; vide economic incentives, leases, or public fi- tablishment of its charter. (iii) 1 member shall represent United nancing; and SEC. 1435. THORIUM STORAGE, ENERGY, AND IN- States advocacy groups for rare earth pro- (B) engage in direct market sales of rare DUSTRIAL PRODUCTS CORPORA- ducers and original equipment manufac- earth products. TION. turing interests; (3) SUPPLY CONTRACTS AND TOLLING SERV- (a) ESTABLISHMENT.— N GENERAL (iv) 1 member shall represent the United ICES.— (1) I .—As soon as practicable after the date of the enactment of this Act, States Geological Survey; and (A) IN GENERAL.—The Cooperative may— (v) 1 member who shall— (i) directly purchase rare earth materials the Cooperative Board, in consultation with (I) not be affiliated with a Federal agency; obtained from any byproduct producers of the Secretary of Defense, shall establish the and rare earths; Thorium Storage, Energy, and Industrial (II) be recommended for appointment by a (ii) offer supplier members short-term or Products Corporation to develop uses and markets for thorium, including energy. majority vote of the other members of the direct purchase contracts; and (2) FEDERAL CHARTER.—The Corporation Initial Board of Directors appointed under (iii) allow primary rare earth producers to shall operate under a Federal charter. clauses (i) through (iv). be tolling customers of the Cooperative. (b) MANAGEMENT.— (B) DUTIES.—The Initial Board of Directors (B) REQUIREMENTS.—A tolling customer (1) BOARD OF DIRECTORS.— shall— under subparagraph (A)(iii) shall— (A) IN GENERAL.—The Board of Directors of (i) establish a charter, bylaws, and rules of (i) retain control of the rare earth products the Corporation shall be composed of 5 mem- governance for the Cooperative; during the processing, refining, or value add- bers. (ii) make formative business decisions on ing of the rare earth products by the Cooper- (B) INITIAL MEMBERS.—The initial members behalf of the Cooperative; and ative; and of the Corporation Board shall consist of the (iii) assist in the formation of, and the pro- (ii) take possession of the rare earth prod- following members, to be appointed by the vision of tasks and assignments to, the Cor- ucts after— Secretary of Defense: poration. (I) tolling services are rendered by the Co- (i) 1 member, who shall represent the As- (C) STANDING MEMBER.—The member ap- operative; and sistant Secretary of Defense for Research pointed under subparagraph (A)(v) shall re- (II) the Cooperative has received payment and Engineering. main on the Cooperative Board and Corpora- in full for the tolling services rendered. (ii) 1 member, who shall represent the Ad- tion Board, until such time as— (C) FEE.—The Cooperative may charge toll- vanced Energy Program of the Defense Ad- (i) the member voluntarily resigns; or ing customers under subparagraph (A)(iii) a vanced Research Project Agency. (ii) a majority of the members of the Coop- tolling fee not to exceed the sum of— (iii) 1 member, who shall represent United erative Board and a majority of the members (i) the amount equal to 110 percent of the States advocacy groups for commercial de- of the Corporation Board vote to remove the total cost for tolling services rendered by the velopment of thorium in nuclear energy sys- member from the Cooperative Board and the Cooperative on behalf of the tolling cus- tems. Corporation Board. tomer; and (iv) 1 member, who shall represent a na- (D) TERMINATION.—The Initial Board of Di- (ii) the amount equal to 5 percent of the tional laboratory. rectors shall terminate on the date on which market value of the finished product pro- (v) 1 member, who is the member of the the initial members of the Cooperative vided to the tolling customer by the Cooper- Initial Board of Directors appointed under Board are appointed under paragraph (2). ative. section 1434(b)(1)(A)(v). (2) BOARD OF DIRECTORS.— (D) APPLICABLE LAW.—Any contract among (C) SUBSEQUENT MEMBERS.—Subject to sub- (A) IN GENERAL.—The Board of Directors of consumer members, supplier members, toll- paragraphs (A) and (D), subsequent members the Cooperative shall be comprised of 9 mem- ing customers, and direct purchase suppliers of the Corporation Board and Executive bers, to be selected in accordance with the entered into under subparagraph (A)(iii) Committee shall be appointed in accordance bylaws of the Cooperative established under shall be protected as provided in subsection with the bylaws of the Corporation estab- paragraph (1)(B)(i), of whom— 552(b)(4) of title 5, United States Code. lished under paragraph (2)(B)(i). (i) 5 members shall be consumer members; (E) LIMITATIONS.—A direct purchase con- (D) STANDING MEMBERS.—The initial mem- (ii) 2 members shall be supplier members; sumer under subparagraph (A)(ii) or a tolling bers appointed under clauses (iv) and (v) of (iii) 1 member shall represent an advocacy customer under subparagraph (A)(iii)— subparagraph (B) shall remain on the Cor- group for defense contractors, other rare (i) shall not be considered to be a supplier poration Board and the Executive Com- earth consumers, and suppliers who are not member or otherwise be considered a mem- mittee, until such time as— represented by the Board or through direct ber of the Cooperative for purposes of this (i) the members voluntarily resign; ownership in the Cooperative; and subtitle; and (ii) in the case of a member appointed (iv) 1 member shall be the member of the (ii) shall not participate in Cooperative under subparagraph (B)(iv), a majority of the Initial Board of Directors appointed under profits or have voting rights with respect to members of the Corporation Board vote to paragraph (1)(A)(v). the Cooperative. remove the member from the Corporation (B) POWERS.—The Cooperative Board (d) AUDITS.— Board; or may— (1) IN GENERAL.—The Cooperative shall re- (iii) in the case of a member appointed (i) prescribe the manner in which business tain an independent auditor to evaluate the under subparagraph (B)(v), a majority of the shall be conducted by the Cooperative; extent to which Federal funds, if any, made members of the Corporation Board and a ma- (ii) determine pay-out ratio formulas for available to the Cooperative for research and jority of the members of the Cooperative consumer members and supplier members, development activities have been expended Board vote to remove the member from the based on— in a manner that is consistent with the pur- Corporation Board and the Cooperative (I) the capital stock ratios of consumer poses of this subtitle and the charter, by- Board. members; and laws, and rules of the Cooperative. (2) EXECUTIVE COMMITTEE.— (II) the value of supply member contracts, (2) REPORTS.—The auditor retained under (A) IN GENERAL.—The Executive Com- as determined based on the volume, term, paragraph (1) shall submit to the Secretary mittee for the Corporation shall be composed and distributions of rare earth concentrates of Defense, the Cooperative, and the Comp- of the initial members of the Corporation relative to processing costs; and troller General of the United States an an- Board appointed under clauses (iv) and (v) of (iii) evaluate technologies and processes nual report containing the findings and de- paragraph (1)(B). for the efficient extraction and refining of terminations of the auditor. (B) DUTIES.—The Executive Committee rare earth materials from various source ma- (3) REVIEW BY COMPTROLLER GENERAL.—The shall— terials. Comptroller General of the United States (i) establish the charter, rules of govern- (C) REFINERY AND OFFICE LOCATIONS.—The shall— ance, bylaws, and corporate structure for the Cooperative Board shall establish the refin- (A) review each annual report submitted to Corporation; and ery and offices for the Cooperative at any lo- the Comptroller General by the auditor (ii) make formative business decisions with cations determined to be appropriate by the under paragraph (2); and respect to the Corporation. Cooperative Board. (B) submit to the Committee on Armed (c) POWERS.— (c) POWERS; DUTIES.— Services of the Senate and the Committee on (1) ESTABLISHMENT OF SUBSEQUENT ENTI- (1) INVESTMENT PARTNERSHIPS.—The Coop- Armed Services of the House of Representa- TIES.— erative shall seek to enter into domestic and tives a report containing the comments of (A) IN GENERAL.—The Corporation may es- international investment partnerships for the Comptroller General on the accuracy and tablish 1 or more entities, to be known as an the development of the refinery. completeness of the report and any other ‘‘Industrial Products Corporation’’, for the (2) AGREEMENTS; DIRECT SALES.—The Coop- matters relating to the report that the certification, licensing, insuring, and com- erative may— Comptroller General considers appropriate. mercial development of all non-energy uses

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.058 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8505 for thorium (including thorium isotopes and (B) develop uses and markets for thorium, SEC. 1437. AUTHORIZATION OF DEPARTMENT OF thorium daughter elements), including— including energy, including by coordinating DEFENSE TO ESTABLISH EQUITY (i) alloys; and structuring domestic and international STAKE IN COOPERATIVE. (ii) catalysts; investment partnerships for the development The Secretary may acquire and maintain a (iii) medical isotopes; and of commercial and industrial uses for tho- 10 percent equity stake in the Cooperative in (iv) other products. rium. accordance with the provisions of the Stra- tegic and Critical Materials Stock Piling Act (B) AUTHORITY OF ENTITIES.—The entities (e) AUDITS.— (50 U.S.C. 98 et seq.) for the purpose of ac- described in subparagraph (A) may— (1) IN GENERAL.—The Corporation shall re- cessing strategic rare earth materials and (i) develop standards, procedures, and pro- tain an independent auditor to evaluate the tocols for the approval of commercial and in- eliminating the need to acquire such mate- extent to which Federal funds, if any, made rials under that Act. dustrial applications for thorium; available to the Corporation for research and (ii) carry out directly the production and development activities have been expended SA 2509. Mr. INHOFE submitted an sale of thorium-related non-energy products; in a manner that is consistent with the pur- amendment intended to be proposed by and poses of this subtitle and the charter, by- him to the bill S. 1197, to authorize ap- (iii) sell or license any production or sales laws, and rules of the Corporation. propriations for fiscal year 2014 for rights to third parties. (2) REPORTS.—The auditor retained under (C) SALE OR DISTRIBUTION OF INDUSTRIAL paragraph (1) shall submit to the Secretary military activities of the Department PRODUCTS CORPORATION; CREATION OF BUSI- of Defense, the Corporation, and the Comp- of Defense, for military construction, NESSES AND PARTNERSHIPS.—To develop and troller General of the United States an an- and for defense activities of the De- commercialize non-energy uses for thorium, nual report containing the findings and de- partment of Energy, to prescribe mili- the Corporation Board may— terminations of the auditor. tary personnel strengths for such fiscal (i) create, sell, or distribute the equity of (3) REVIEW BY COMPTROLLER GENERAL.—The year, and for other purposes; which was an entity described in subparagraph (A); and Comptroller General of the United States ordered to lie on the table; as follows: (ii) establish partnerships with Federal shall— At the end of subtitle D of title XXVIII, agencies, foreign governments, and private (A) review each annual report submitted to add the following: entities relating to businesses and activities the Comptroller General by the auditor of the entity. under paragraph (2); and SEC. 2833. TRANSFER OF ADMINISTRATIVE JU- RISDICTION, CAMP GRUBER, OKLA- (2) SALE OR DISTRIBUTION OF CORPORATION (B) submit to the Committee on Armed HOMA. EQUITY; CREATION OF PARTNERSHIPS.—To de- Services of the Senate and the Committee on (a) TRANSFER AUTHORIZED.—Upon a deter- velop and commercialize thorium energy, Armed Services of the House of Representa- mination by the Secretary of the Army that the Corporation may sell or distribute equity tives a report containing the comments of the parcel of property at Camp Gruber, Okla- and establish partnerships with the United the Comptroller General on the accuracy and homa, conveyed by the war asset deed dated States and foreign governments and private completeness of the report and any other June 29, 1949, between the United States of entities— matters relating to the report that the America and the State of Oklahoma, or any (A) to create capital; Comptroller General considers appropriate. portion thereof, is needed for national de- (B) to develop intellectual property; (f) REIMBURSEMENT OF FEDERAL GOVERN- fense purposes, including military training, (C) to acquire technology; MENT.—Not later than 7 years of the date of and the Secretary determines that the trans- (D) to establish business partnerships and the enactment of this Act, the Corporation fer of the parcel is in the best interest of the raw material supply chains; shall reimburse the Federal Government for Department of the Army, the Administrator (E) to commercially develop thorium en- administrative costs associated with the es- of General Services shall execute the rever- ergy systems; tablishment of its charter. sionary clause in the deed and immediately (F) to commercially develop systems for SEC. 1436. DUTIES OF SECRETARY OF DEFENSE. transfer administrative jurisdiction to the the reduction of spent fuel; Department of the Army. DVANCEMENT OF ARE ARTH NITIA (G) to develop hardened energy systems for (a) A R E I - (b) DESCRIPTION OF PROPERTY.—The exact the United States military; and TIVES.—The Secretary shall coordinate with acreage and legal description of any real (H) to develop process heat technologies other Federal agencies to advance and pro- property to be transferred under subsection systems for coal-to-liquid fuel separation, tect— (a) may be determined by a survey satisfac- desalinization, chemical synthesis, and other (1) domestic rare earth mining; tory to the Secretary of the Army. applications. (2) the refining of rare earth elements; (c) ADDITIONAL TERM AND CONDITIONS.—The (3) basic rare earth metals production; and (d) DUTIES.— Secretary may require such additional terms (4) the development and commercialization (1) OWNERSHIP OF THORIUM AND RELATED and conditions in connection with a transfer of thorium, including— ACTINIDES.—The Corporation shall— under subsection (a) as the Secretary con- (A) on a preprocessing basis, assume liabil- (A) energy technologies and products; and siders appropriate to protect the interests of ity for and ownership of all thorium and (B) products containing thorium. the United States. mineralogically associated or related (b) ANNUAL REPORTS.—Not later than one actinides and decay products contained with- year after the date of the enactment of this SA 2510. Mr. KIRK submitted an in the monazite and other rare earth con- Act, and annually thereafter, the Secretary amendment intended to be proposed by centrates in the possession of the Coopera- shall submit to Congress a report that, for him to the bill S. 1197, to authorize ap- tive; the period covered by the report— propriations for fiscal year 2014 for (B) after the Cooperative has separated the (1) contains a description of the progress in military activities of the Department thorium from the rare earth concentrates, the development of— (A) a domestic rare earth refining capac- of Defense, for military construction, take physical possession and safely store all and for defense activities of the De- thorium-containing actinide byproducts, ity; with the costs of the storage to be paid by (B) commercial uses and energy-related partment of Energy, to prescribe mili- the Corporation from fees charged or revenue uses for thorium; and tary personnel strengths for such fiscal from sales of other valuable actinides; (2) takes into account each report sub- year, and for other purposes; which was (C) develop new markets and uses for tho- mitted to the Secretary by the Cooperative ordered to lie on the table; as follows: rium; and the Corporation. At the end of subtitle H of title X, add the (D) develop energy systems from thorium; (c) FEDERAL AGENCIES; NATIONAL LABORA- following: and TORIES.—Each Federal agency (including the SEC. 1082. COMPLIANCE AUTHORITY FOR CER- (E) develop, manage, and control national Nuclear Regulatory Commission and the De- TAIN REPORTING REQUIREMENTS. and international energy leasing and dis- fense Advanced Research Projects Agency), (a) COMPLIANCE WITH REPORTING REQUIRE- tribution platforms related to thorium en- each national laboratory, and each facility MENTS ON MONETARY INSTRUMENT TRANS- ergy systems. funded by the Federal Government shall pro- ACTIONS.—Section 5318(a) of title 31, United (2) SAFE, LONG-TERM STORAGE; DEVELOP- vide assistance to the Cooperative and the States Code, is amended— MENT OF USES AND MARKETS.—The Corpora- Corporation under this subtitle. (1) in paragraph (5), by striking ‘‘and’’ at tion shall— (d) INSTITUTIONS OF HIGHER EDUCATION.— the end; (A) in consultation with the Administrator Each institution of higher education is en- (2) by redesignating paragraph (6) as para- of the Environmental Protection Agency and couraged— graph (7); and the Secretary of Energy, be responsible for (1) to develop training and national exper- (3) by inserting after paragraph (5) the fol- the safe, long-term storage for all thorium tise in the field of thorium development; and lowing: byproducts generated through the Coopera- (2) to promote— ‘‘(6) rely on examinations conducted by a tive, consistent with part 192 of title 40, Code (A) the marketing of thorium; State supervisory agency of a category of fi- of Federal Regulations (as in effect on the (B) the advancement of the strategic uses nancial institution, if the Secretary deter- date of the enactment of this Act), while of thorium; and mines that, under the laws of the State— taking into account the low relative risks re- (C) salt chemistry science and radio chem- ‘‘(A) the category of financial institution lating to thorium; and ists. is required to comply with this subchapter

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.058 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8506 CONGRESSIONAL RECORD — SENATE November 21, 2013 and regulations prescribed under this sub- this Act, the President may not, in connec- (1) not later than 10 days after receiving chapter; or tion with the ongoing nuclear negotiations that information, determine whether the in- ‘‘(B) the State supervisory agency is au- with Iran, exercise a waiver of, suspend, or formation is credible and accurate; thorized to ensure that the category of fi- otherwise reduce any sanctions imposed in (2) notify the appropriate congressional nancial institution complies with this sub- relation to Iran, whether imposed directly by committees of that determination; and chapter and regulations prescribed under statute or through an executive order, un- (3) if the President determines that the in- this subchapter; and’’. less, not later than 15 days before the waiver, formation is credible and accurate, not later (b) COMPLIANCE WITH REPORTING REQUIRE- suspension, or other reduction takes effect, than 5 days after making that determina- MENTS OF OTHER FINANCIAL INSTITUTIONS.— the President submits to the appropriate tion, reinstate all sanctions imposed in rela- Section 128 of Public Law 91–508 (12 U.S.C. congressional committees the certification tion to Iran that have been waived, sus- 1958) is amended— described in paragraph (2). pended, or otherwise reduced in connection (1) by striking ‘‘this title’’ and inserting (2) CERTIFICATION DESCRIBED.—The certifi- with the ongoing nuclear negotiations with ‘‘this chapter and section 21 of the Federal cation described in this paragraph is a cer- Iran, without regard to whether the waiver, Deposit Insurance Act (12 U.S.C. 1829b)’’; and tification with respect to the waiver, suspen- suspension, or other reduction of those sanc- (2) by inserting at the end the following: sion, or other reduction of sanctions under tions took effect before or after the date of ‘‘The Secretary may rely on examinations paragraph (1) that— the enactment of this Act. conducted by a State supervisory agency of a (A) it is in the vital national security in- (d) APPROPRIATE CONGRESSIONAL COMMIT- category of financial institution, if the Sec- terests of the United States to waive, sus- TEES DEFINED.—In this section, the term retary determines that under the laws of the pend, or otherwise reduce those sanctions; ‘‘appropriate congressional committees’’ has State, the category of financial institution is and the meaning given that term in section 14 of required to comply with this chapter and (B) Iran is in full compliance with the the Iran Sanctions Act of 1996 (Public Law section 21 of the Federal Deposit Insurance terms of any interim agreement between the 104–172; 50 U.S.C. 1701 note). Act (and regulations prescribed under this United States, the United Kingdom, France, chapter and section 21 of the Federal Deposit Russia, China, Germany, and Iran relating to SA 2513. Mr. BLUNT submitted an Insurance Act), or the State supervisory Iran’s nuclear program. amendment intended to be proposed by agency is authorized to ensure that the cat- (3) EXPIRATION OF INTERIM RELIEF AND REIN- him to the bill S. 1197, to authorize ap- egory of financial institution complies with STATEMENT OF SANCTIONS.—Any sanctions this chapter and section 21 of the Federal De- imposed in relation to Iran that have been propriations for fiscal year 2014 for posit Insurance Act (and regulations pre- waived, suspended, or otherwise reduced in military activities of the Department scribed under this chapter and section 21 of connection with the ongoing nuclear nego- of Defense, for military construction, the Federal Deposit Insurance Act).’’. tiations with Iran, regardless whether the and for defense activities of the De- (c) CONSULTATION WITH STATE AGENCIES.— waiver, suspension, or other reduction of partment of Energy, to prescribe mili- In issuing rules to carry out section those sanctions took effect before or after 5318(a)(6) of title 31, United States Code, and tary personnel strengths for such fiscal the date of the enactment of this Act, shall year, and for other purposes; which was section 128 of Public Law 91–508 (12 U.S.C. be immediately reinstated on the date that 1958), the Secretary of the Treasury shall is 240 days after such date of enactment. ordered to lie on the table; as follows: consult with State supervisory agencies. At the end of subtitle B of title XII, add (b) EFFECTIVE ENFORCEMENT OF FINAL the following: SA 2511. Mr. CRUZ (for himself and AGREEMENT AND LIMITATIONS.— SEC. 1220. DEVELOPMENT OF A COMPREHENSIVE Mr. CORNYN) submitted an amendment (1) IN GENERAL.—On and after the date that is 240 days after the date of the enactment of ANTI-CORRUPTION STRATEGY IN AF- intended to be proposed by him to the GHANISTAN. bill S. 1197, to authorize appropriations this Act, the President may not, in connec- tion with the ongoing nuclear negotiations (a) FINDINGS.—Congress makes the fol- for fiscal year 2014 for military activi- with Iran, exercise a waiver of, suspend, or lowing findings: ties of the Department of Defense, for otherwise reduce any sanctions imposed in (1) According to the Special Inspector Gen- military construction, and for defense relation to Iran, whether imposed directly by eral for Afghanistan Reconstruction activities of the Department of Energy, statute or through an executive order, un- (SIGAR), as of September 30, 2013, the United to prescribe military personnel less, not later than 15 days before the waiver, States had appropriated approximately strengths for such fiscal year, and for suspension, or other reduction takes effect, $96,600,000,000 for relief and reconstruction other purposes; which was ordered to the President submits to the appropriate assistance in Afghanistan since 2002. The SIGAR report actually finds, ‘‘Since 2002, the lie on the table; as follows: congressional committees the certification described in paragraph (2). United States has appropriated over $96 bil- At the end of subtitle D of title X, add the (2) CERTIFICATION.—The certification de- lion for reconstruction assistance in Afghan- following: scribed in this paragraph is a certification istan and, as part of that assistance, has des- SEC. 1035. REWARDS AUTHORIZED. that— ignated numerous programs or activities to In accordance with the Rewards for Justice (A) the conditions for a temporary waiver, directly or indirectly help strengthen the program authorized under section 36(b) of suspension, or other reduction of sanctions ability of Afghan government institutions to the State Department Basic Authorities Act pursuant to subsection (a) continue to be combat corruption.’’ It also finds, ‘‘U.S. anti- of 1956 (22 U.S.C. 2708), the Secretary of State met; corruption activities in Afghanistan are not is authorized to pay a reward of not more (B) Iran is in full compliance with the guided by a comprehensive U.S. strategy or than $10,000,000 to any individual who fur- terms of all agreements between the United related guidance that defines clear goals and nishes information leading to the arrest of States, the United Kingdom, France, Russia, objectives for U.S. efforts to strengthen the any individual who committed, conspired to China, Germany, and Iran relating to Iran’s Afghan government’s capability to combat commit, attempted to commit, or aided or nuclear program; corruption and increase accountability.’’ abetted the commission of the September 11- (C) Iran is in full compliance with terms of (2) To improve the capability to achieve a 12, 2012 terrorist attack on the Special Mis- United Nations Security Council Resolutions long-term secure, stable, and successful Af- sion Compound and Annex in Benghazi, 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), ghanistan, the Government of Afghanistan, Libya. 1835 (2008), and 1929 (2010); and in coordination with the Department of (D) Iran has provided a full accounting of State and the Department of Defense, must SA 2512. Mr. CORKER submitted an improve its capacity to combat corruption. amendment intended to be proposed by all of its nuclear weaponization and related activities, has committed, in writing, to sus- (b) COMPREHENSIVE STRATEGY AND PLAN.— him to the bill S. 1197, to authorize ap- pend all such activities, and is making sub- (1) IN GENERAL.—Not later than 180 days propriations for fiscal year 2014 for stantial efforts to do so. after the date of the enactment of this Act, military activities of the Department the Secretary of State, in coordination with (c) REINSTATEMENT OF SANCTIONS UPON of Defense, for military construction, the Secretary of Defense and in consultation NONCOMPLIANCE.—If the President receives with the Government of Afghanistan, shall and for defense activities of the De- information from any person, including the partment of Energy, to prescribe mili- submit to the appropriate congressional International Atomic Energy Agency, the committees a report on anti-corruption ac- tary personnel strengths for such fiscal Secretary of Defense, the Secretary of State, tivities and plans in Afghanistan. year, and for other purposes; which was the Secretary of Energy, or the Director of (2) ELEMENTS.—The report required under ordered to lie on the table; as follows: National Intelligence, that Iran has failed to paragraph (1) shall include— At the end of subtitle C of title XII, add comply with the terms of any agreement be- (A) an assessment of the sectors of the the following: tween the United States, the United King- Government of Afghanistan that are most SEC. 1237. IRAN NUCLEAR COMPLIANCE. dom, France, Russia, China, Germany, and susceptible to corruption; (a) EFFECTIVE ENFORCEMENT OF INTERIM Iran with respect to Iran’s nuclear program (B) a description of the goals and measur- AGREEMENT.— or has refused to cooperate in any way with able outcomes for reducing corruption in the (1) IN GENERAL.—During the 240-day period appropriate requests of the International most vulnerable sectors of the government beginning on the date of the enactment of Atomic Energy Agency, the President shall— identified in subparagraph (A);

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.059 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8507 (C) plan for the implementation of the SA 2515. Mr. KING (for himself and tary personnel strengths for such fiscal anti-corruption goals that identifies objec- Ms. COLLINS) submitted an amendment year, and for other purposes; which was tives, benchmarks, and timelines; and intended to be proposed by him to the ordered to lie on the table; as follows: (D) a resourcing plan that includes per- bill S. 1197, to authorize appropriations At the end, add the following: sonnel and funding requirements. (c) APPROPRIATE CONGRESSIONAL COMMIT- for fiscal year 2014 for military activi- DIVISION E—NUCLEAR TERRORISM CON- TEES DEFINED.—In this section, the term ties of the Department of Defense, for VENTIONS IMPLEMENTATION AND ‘‘appropriate congressional committees’’ military construction, and for defense SAFETY OF MARITIME NAVIGATION ACT means— activities of the Department of Energy, SECTION 5001. SHORT TITLE. (1) the congressional defense committees; to prescribe military personnel This division may be cited as the ‘‘Nuclear and strengths for such fiscal year, and for Terrorism Conventions Implementation and (2) the Committee on Foreign Relations of other purposes; which was ordered to Safety of Maritime Navigation Act of 2013’’. the Senate and the Committee on Foreign lie on the table; as follows: TITLE L—SAFETY OF MARITIME Affairs of the House of Representatives. At the end of subtitle H of title X, add the NAVIGATION SA 2514. Mr. KING (for himself and following: SEC. 5101. AMENDMENT TO SECTION 2280 OF TITLE 18, UNITED STATES CODE. Ms. COLLINS) submitted an amendment SEC. 1082. HUBZONES. (a) IN GENERAL.—Section 3(p)(5)(A)(i)(I) of Section 2280 of title 18, United States Code, intended to be proposed by him to the is amended— bill S. 1197, to authorize appropriations the Small Business Act (15 U.S.C. 632(p)(5)(A)(i)(I)) is amended— (1) in subsection (b)— for fiscal year 2014 for military activi- (1) in item (aa), by striking ‘‘or’’ at the (A) in paragraph (1)(A)(i), by striking ‘‘a ties of the Department of Defense, for end; ship flying the flag of the United States’’ and military construction, and for defense (2) by redesignating item (bb) as item (cc); inserting ‘‘a vessel of the United States or a activities of the Department of Energy, and vessel subject to the jurisdiction of the to prescribe military personnel (3) by inserting after item (aa) the fol- United States (as defined in section 70502 of title 46)’’; strengths for such fiscal year, and for lowing: ‘‘(bb) pursuant to subparagraph (A), (B), (B) in paragraph (1)(A)(ii), by inserting ‘‘, other purposes; which was ordered to including the territorial seas’’ after ‘‘in the lie on the table; as follows: (C), (D), or (E) of paragraph (3), that its prin- cipal office is located in a HUBZone de- United States’’; and At the end of subtitle H of title X, add the scribed in paragraph (1)(E) (relating to base (C) in paragraph (1)(A)(iii), by inserting ‘‘, following: closure areas) (in this item referred to as the by a United States corporation or legal enti- SEC. 1082. HUBZONES. ‘base closure HUBZone’), and that not fewer ty,’’ after ‘‘by a national of the United (a) IN GENERAL.—Section 3(p)(5)(A)(i)(I) of than 35 percent of its employees reside in— States’’; the Small Business Act (15 U.S.C. ‘‘(AA) a HUBZone; (2) in subsection (c), by striking ‘‘section 632(p)(5)(A)(i)(I)) is amended— ‘‘(BB) the census tract in which the base 2(c)’’ and inserting ‘‘section 13(c)’’; (1) in item (aa), by striking ‘‘or’’ at the closure HUBZone is wholly contained; (3) by striking subsection (d); end; ‘‘(CC) a census tract the boundaries of (4) by striking subsection (e) and inserting (2) by redesignating item (bb) as item (cc); which intersect the boundaries of the base after subsection (c): and closure HUBZone; or ‘‘(d) DEFINITIONS.—As used in this section, (3) by inserting after item (aa) the fol- ‘‘(DD) a census tract the boundaries of section 2280a, section 2281, and section 2281a, lowing: which are contiguous to a census tract de- the term— ‘‘(bb) pursuant to subparagraph (A), (B), scribed in subitem (BB) or (CC); or’’. ‘‘(1) ‘applicable treaty’ means— (C), (D), or (E) of paragraph (3), that its prin- (b) PERIOD FOR BASE CLOSURE AREAS.— ‘‘(A) the Convention for the Suppression of cipal office is located in a HUBZone de- (1) AMENDMENTS.— Unlawful Seizure of Aircraft, done at The scribed in paragraph (1)(E) (relating to base (A) IN GENERAL.—Section 152(a)(2) of title I Hague on 16 December 1970; closure areas) (in this item referred to as the of division K of the Consolidated Appropria- ‘‘(B) the Convention for the Suppression of ‘base closure HUBZone’), and that not fewer tions Act, 2005 (15 U.S.C. 632 note) is amended Unlawful Acts against the Safety of Civil than 35 percent of its employees reside in— by striking ‘‘5 years’’ and inserting ‘‘8 Aviation, done at Montreal on 23 September ‘‘(AA) a HUBZone; years’’. 1971; ‘‘(BB) the census tract in which the base (B) CONFORMING AMENDMENT.—Section ‘‘(C) the Convention on the Prevention and closure HUBZone is wholly contained; 1698(b)(2) of National Defense Authorization Punishment of Crimes against Internation- ‘‘(CC) a census tract the boundaries of Act for Fiscal Year 2013 (15 U.S.C. 632 note) ally Protected Persons, including Diplomatic which intersect the boundaries of the base is amended by striking ‘‘5 years’’ and insert- Agents, adopted by the General Assembly of closure HUBZone; or ing ‘‘8 years’’. the United Nations on 14 December 1973; ‘‘(DD) a census tract the boundaries of (2) EFFECTIVE DATE; APPLICABILITY.—The ‘‘(D) International Convention against the which are contiguous to a census tract de- amendments made by paragraph (1) shall— Taking of Hostages, adopted by the General scribed in subitem (BB) or (CC); or’’. (A) take effect on the date of enactment of Assembly of the United Nations on 17 De- (b) PERIOD FOR BASE CLOSURE AREAS.— this Act; and cember 1979; (1) AMENDMENT.—Section 152(a)(2) of title I (B) apply to— ‘‘(E) the Convention on the Physical Pro- of division K of the Consolidated Appropria- (i) a base closure area (as defined in sec- tection of Nuclear Material, done at Vienna tions Act, 2005 (15 U.S.C. 632 note) is amended tion 3(p)(4)(D) of the Small Business Act (15 on 26 October 1979; by striking ‘‘for a period of 5 years’’ and in- U.S.C. 632(p)(4)(D))) that, on the day before ‘‘(F) the Protocol for the Suppression of serting ‘‘during the 5-year period beginning the date of enactment of this Act, is treated Unlawful Acts of Violence at Airports Serv- on the date of the final deed transfer’’. as a HUBZone described in section 3(p)(1)(E) ing International Civil Aviation, supple- (2) EFFECTIVE DATE; APPLICABILITY.—The of the Small Business Act (15 U.S.C. mentary to the Convention for the Suppres- amendment made by paragraph (1) shall— 632(p)(1)(E)) under— sion of Unlawful Acts against the Safety of (A) take effect on the date of enactment of (I) section 152(a)(2) of title I of division K Civil Aviation, done at Montreal on 24 Feb- this Act; and of the Consolidated Appropriations Act, 2005 ruary 1988; (B) apply to— (15 U.S.C. 632 note); or ‘‘(G) the Protocol for the Suppression of (i) a base closure area (as defined in sec- (II) section 1698(b)(2) of National Defense Unlawful Acts against the Safety of Fixed tion 3(p)(4)(D) of the Small Business Act (15 Authorization Act for Fiscal Year 2013 (15 Platforms Located on the Continental Shelf, U.S.C. 632(p)(4)(D))) that, on the day before U.S.C. 632 note); and done at Rome on 10 March 1988; the date of enactment of this Act, is treated (ii) a base closure area relating to the clo- ‘‘(H) International Convention for the Sup- as a HUBZone described in section 3(p)(1)(E) sure of a military instillation under the au- pression of Terrorist Bombings, adopted by of the Small Business Act (15 U.S.C. thority described in clauses (i) through (iv) the General Assembly of the United Nations 632(p)(1)(E)) under— of section 3(p)(4)(D) of the Small Business on 15 December 1997; and (I) section 152(a)(2) of title I of division K Act (15 U.S.C. 632(p)(4)(D)) that occurs on or ‘‘(I) International Convention for the Sup- of the Consolidated Appropriations Act, 2005 after the date of enactment of this Act. pression of the Financing of Terrorism, (15 U.S.C. 632 note); or adopted by the General Assembly of the (II) section 1698(b)(2) of National Defense SA 2516. Mr. LEAHY submitted an United Nations on 9 December 1999; Authorization Act for Fiscal Year 2013 (15 amendment intended to be proposed by ‘‘(2) ‘armed conflict’ does not include inter- U.S.C. 632 note); and him to the bill S. 1197, to authorize ap- nal disturbances and tensions, such as riots, (ii) a base closure area relating to the clo- propriations for fiscal year 2014 for isolated and sporadic acts of violence, and sure of a military instillation under the au- other acts of a similar nature; thority described in clauses (i) through (iv) military activities of the Department ‘‘(3) ‘biological weapon’ means— of section 3(p)(4)(D) of the Small Business of Defense, for military construction, ‘‘(A) microbial or other biological agents, Act (15 U.S.C. 632(p)(4)(D)) that occurs on or and for defense activities of the De- or toxins whatever their origin or method of after the date of enactment of this Act. partment of Energy, to prescribe mili- production, of types and in quantities that

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have no justification for prophylactic, pro- ‘‘(A) serious bodily injury, ‘‘(2) APPLICABLE PROCEDURES.—Seizures tective, or other peaceful purposes; or ‘‘(B) extensive destruction of a place of and forfeitures under this section shall be ‘‘(B) weapons, equipment, or means of de- public use, State or government facility, in- governed by the provisions of chapter 46 of livery designed to use such agents or toxins frastructure facility, or public transpor- title 18, United States Code, relating to civil for hostile purposes or in armed conflict; tation system, resulting in major economic forfeitures, except that such duties as are ‘‘(4) ‘chemical weapon’ means, together or loss, or imposed upon the Secretary of the Treasury separately— ‘‘(C) substantial damage to the environ- under the customs laws described in section ‘‘(A) toxic chemicals and their precursors, ment, including air, soil, water, fauna, or 981(d) shall be performed by such officers, except where intended for— flora; agents, and other persons as may be des- ‘‘(i) industrial, agricultural, research, med- ‘‘(18) ‘ship’ means a vessel of any type ignated for that purpose by the Secretary of ical, pharmaceutical, or other peaceful pur- whatsoever not permanently attached to the Homeland Security, the Attorney General, poses; sea-bed, including dynamically supported or the Secretary of Defense.’’. ‘‘(ii) protective purposes, namely those craft, submersibles, or any other floating SEC. 5102. NEW SECTION 2280øA¿ OF TITLE 18, purposes directly related to protection craft, but does not include a warship, a ship UNITED STATES CODE. against toxic chemicals and to protection owned or operated by a government when (a) IN GENERAL.—Chapter 111 of title 18, against chemical weapons; being used as a naval auxiliary or for cus- United States Code, is amended by adding ‘‘(iii) military purposes not connected with toms or police purposes, or a ship which has after section 2280 the following new section: the use of chemical weapons and not depend- been withdrawn from navigation or laid up; ‘‘§ 2280a. Violence against maritime naviga- ent on the use of the toxic properties of ‘‘(19) ‘source material’ has the meaning tion and maritime transport involving chemicals as a method of warfare; or given that term in the International Atomic weapons of mass destruction ‘‘(iv) law enforcement including domestic Energy Agency Statute, done at New York ‘‘(a) OFFENSES.— riot control purposes, on 26 October 1956; ‘‘(1) IN GENERAL.—Subject to the excep- as long as the types and quantities are con- ‘‘(20) ‘special fissionable material’ has the tions in subsection (c), a person who unlaw- sistent with such purposes; meaning given that term in the Inter- fully and intentionally— ‘‘(B) munitions and devices, specifically de- national Atomic Energy Agency Statute, ‘‘(A) when the purpose of the act, by its na- signed to cause death or other harm through done at New York on 26 October 1956; ture or context, is to intimidate a popu- the toxic properties of those toxic chemicals ‘‘(21) ‘territorial sea of the United States’ lation, or to compel a government or an specified in subparagraph (A), which would means all waters extending seaward to 12 international organization to do or to ab- be released as a result of the employment of nautical miles from the baselines of the stain from doing any act— such munitions and devices; and United States determined in accordance with ‘‘(i) uses against or on a ship or discharges ‘‘(C) any equipment specifically designed international law; from a ship any explosive or radioactive ma- for use directly in connection with the em- ‘‘(22) ‘toxic chemical’ has the meaning terial, biological, chemical, or nuclear weap- ployment of munitions and devices specified given the term in section 229F(8)(A) of this on or other nuclear explosive device in a in subparagraph (B); title; manner that causes or is likely to cause ‘‘(5) ‘covered ship’ means a ship that is ‘‘(23) ‘transport’ means to initiate, arrange death to any person or serious injury or navigating or is scheduled to navigate into, or exercise effective control, including deci- damage; through or from waters beyond the outer sionmaking authority, over the movement of ‘‘(ii) discharges from a ship oil, liquefied limit of the territorial sea of a single coun- a person or item; and natural gas, or another hazardous or noxious try or a lateral limit of that country’s terri- ‘‘(24) ‘United States’, when used in a geo- substance that is not covered by clause (i), in torial sea with an adjacent country; graphical sense, includes the Commonwealth such quantity or concentration that causes ‘‘(6) ‘explosive material’ has the meaning of Puerto Rico, the Commonwealth of the or is likely to cause death to any person or given the term in section 841(c) and includes Northern Mariana Islands, and all territories serious injury or damage; or explosive as defined in section 844(j) of this and possessions of the United States.’’; and ‘‘(iii) uses a ship in a manner that causes title; (5) by inserting after subsection (d) (as death to any person or serious injury or ‘‘(7) ‘infrastructure facility’ has the mean- added by paragraph (4) of this section) the damage; ing given the term in section 2332f(e)(5) of following: ‘‘(B) transports on board a ship— this title; ‘‘(e) EXCEPTIONS.—This section shall not ‘‘(i) any explosive or radioactive material, ‘‘(8) ‘international organization’ has the apply to— knowing that it is intended to be used to meaning given the term in section 831(f)(3) of ‘‘(1) the activities of armed forces during cause, or in a threat to cause, death to any this title; an armed conflict, as those terms are under- person or serious injury or damage for the ‘‘(9) ‘military forces of a state’ means the stood under the law of war, which are gov- purpose of intimidating a population, or armed forces of a state which are organized, erned by that law; or compelling a government or an international trained, and equipped under its internal law ‘‘(2) activities undertaken by military organization to do or to abstain from doing for the primary purpose of national defense forces of a state in the exercise of their offi- any act; or security, and persons acting in support of cial duties. ‘‘(ii) any biological, chemical, or nuclear those armed forces who are under their for- ‘‘(f) DELIVERY OF SUSPECTED OFFENDER.— weapon or other nuclear explosive device, mal command, control, and responsibility; The master of a covered ship flying the flag knowing it to be a biological, chemical, or ‘‘(10) ‘national of the United States’ has of the United States who has reasonable nuclear weapon or other nuclear explosive the meaning stated in section 101(a)(22) of grounds to believe that there is on board device; the Immigration and Nationality Act (8 that ship any person who has committed an ‘‘(iii) any source material, special fission- U.S.C. 1101(a)(22)); offense under section 2280 or section 2280a able material, or equipment or material es- ‘‘(11) ‘Non-Proliferation Treaty’ means the may deliver such person to the authorities of pecially designed or prepared for the proc- Treaty on the Non-Proliferation of Nuclear a country that is a party to the Convention essing, use, or production of special fission- Weapons, done at Washington, London, and for the Suppression of Unlawful Acts against able material, knowing that it is intended to Moscow on 1 July 1968; the Safety of Maritime Navigation. Before be used in a nuclear explosive activity or in ‘‘(12) ‘Non-Proliferation Treaty State delivering such person to the authorities of any other nuclear activity not under safe- Party’ means any State Party to the Non- another country, the master shall notify in guards pursuant to an International Atomic Proliferation Treaty, to include Taiwan, an appropriate manner the Attorney General Energy Agency comprehensive safeguards of the United States of the alleged offense which shall be considered to have the obliga- agreement, except where— and await instructions from the Attorney tions under the Non-Proliferation Treaty of ‘‘(I) such item is transported to or from the General as to what action to take. When de- a party to that treaty other than a Nuclear territory of, or otherwise under the control livering the person to a country which is a Weapon State Party to the Non-Proliferation of, a Non-Proliferation Treaty State Party; state party to the Convention, the master Treaty; and shall, whenever practicable, and if possible ‘‘(13) ‘Nuclear Weapon State Party to the before entering the territorial sea of such ‘‘(II) the resulting transfer or receipt (in- Non-Proliferation Treaty’ means a State country, notify the authorities of such coun- cluding internal to a country) is not con- Party to the Non-Proliferation Treaty that try of the master’s intention to deliver such trary to the obligations under the Non-Pro- is a nuclear-weapon State, as that term is person and the reasons therefor. If the mas- liferation Treaty of the Non-Proliferation defined in Article IX(3) of the Non-Prolifera- ter delivers such person, the master shall Treaty State Party from which, to the terri- tion Treaty; furnish to the authorities of such country tory of which, or otherwise under the control ‘‘(14) ‘place of public use’ has the meaning the evidence in the master’s possession that of which such item is transferred; given the term in section 2332f(e)(6) of this pertains to the alleged offense. ‘‘(iv) any equipment, materials, or soft- title; ‘‘(g)(1) CIVIL FORFEITURE.—Any real or per- ware or related technology that significantly ‘‘(15) ‘precursor’ has the meaning given the sonal property used or intended to be used to contributes to the design or manufacture of term in section 229F(6)(A) of this title; commit or to facilitate the commission of a a nuclear weapon or other nuclear explosive ‘‘(16) ‘public transport system’ has the violation of this section, the gross proceeds device, with the intention that it will be meaning given the term in section 2332f(e)(7) of such violation, and any real or personal used for such purpose, except where— of this title; property traceable to such property or pro- ‘‘(I) the country to the territory of which ‘‘(17) ‘serious injury or damage’ means— ceeds, shall be subject to forfeiture. or under the control of which such item is

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.060 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8509 transferred is a Nuclear Weapon State Party ‘‘(3) in the case of any vessel, if such activ- that causes or is likely to cause death or se- to the Non-Proliferation Treaty; and ity is committed in an attempt to compel rious injury or damage; ‘‘(II) the resulting transfer or receipt (in- the United States to do or abstain from ‘‘(B) injures or kills any person in connec- cluding internal to a country) is not con- doing any act. tion with the commission or the attempted trary to the obligations under the Non-Pro- ‘‘(c) EXCEPTIONS.—This section shall not commission of any of the offenses set forth liferation Treaty of a Non-Proliferation apply to— in subparagraph (A); or Treaty State Party from which, to the terri- ‘‘(1) the activities of armed forces during ‘‘(C) attempts or conspires to do anything tory of which, or otherwise under the control an armed conflict, as those terms are under- prohibited under subparagraph (A) or (B), of which such item is transferred; stood under the law of war, which are gov- shall be fined under this title, imprisoned ‘‘(v) any equipment, materials, or software erned by that law; or not more than 20 years, or both; and if death or related technology that significantly con- ‘‘(2) activities undertaken by military results to any person from conduct prohib- tributes to the delivery of a nuclear weapon forces of a state in the exercise of their offi- ited by this paragraph, shall be imprisoned or other nuclear explosive device, with the cial duties. for any term of years or for life. intention that it will be used for such pur- ‘‘(d)(1) CIVIL FORFEITURE.—Any real or per- ‘‘(2) THREAT TO SAFETY.—A person who pose, except where— sonal property used or intended to be used to threatens, with apparent determination and ‘‘(I) such item is transported to or from the commit or to facilitate the commission of a will to carry the threat into execution, to do territory of, or otherwise under the control violation of this section, the gross proceeds any act prohibited under paragraph (1)(A), of, a Non-Proliferation Treaty State Party; of such violation, and any real or personal shall be fined under this title, imprisoned and property traceable to such property or pro- not more than 5 years, or both. ‘‘(II) such item is intended for the delivery ceeds, shall be subject to forfeiture. ‘‘(b) JURISDICTION.—There is jurisdiction system of a nuclear weapon or other nuclear ‘‘(2) APPLICABLE PROCEDURES.—Seizures over the activity prohibited in subsection (a) explosive device of a Nuclear Weapon State and forfeitures under this section shall be if— Party to the Non-Proliferation Treaty; or governed by the provisions of chapter 46 of ‘‘(1) such activity is committed against or ‘‘(vi) any equipment, materials, or soft- title 18, United States Code, relating to civil on board a fixed platform— ware or related technology that significantly forfeitures, except that such duties as are ‘‘(A) that is located on the continental contributes to the design, manufacture, or imposed upon the Secretary of the Treasury shelf of the United States; delivery of a biological or chemical weapon, under the customs laws described in section ‘‘(B) that is located on the continental with the intention that it will be used for 981(d) shall be performed by such officers, shelf of another country, by a national of the such purpose; agents, and other persons as may be des- United States or by a stateless person whose ‘‘(C) transports another person on board a ignated for that purpose by the Secretary of habitual residence is in the United States; or ship knowing that the person has committed Homeland Security, the Attorney General, ‘‘(C) in an attempt to compel the United an act that constitutes an offense under sec- or the Secretary of Defense.’’. States to do or abstain from doing any act; tion 2280 or subparagraph (A), (B), (D), or (E) (b) CONFORMING AMENDMENT.—The table of ‘‘(2) during the commission of such activ- of this section or an offense set forth in an sections at the beginning of chapter 111 of ity against or on board a fixed platform lo- applicable treaty, as specified in section title 18, United States Code, is amended by cated on a continental shelf, a national of 2280(d)(1), and intending to assist that person adding after the item relating to section 2280 the United States is seized, threatened, in- to evade criminal prosecution; the following new item: jured, or killed; or ‘‘(D) injures or kills any person in connec- ‘‘2280a. Violence against maritime naviga- ‘‘(3) such activity is committed against or tion with the commission or the attempted tion and maritime transport in- on board a fixed platform located outside the commission of any of the offenses set forth volving weapons of mass de- United States and beyond the continental in subparagraphs (A) through (C), or sub- struction.’’. shelf of the United States and the offender is section (a)(2), to the extent that the sub- SEC. 5103. AMENDMENTS TO SECTION 2281 OF later found in the United States. section (a)(2) offense pertains to subpara- TITLE 18, UNITED STATES CODE. ‘‘(c) EXCEPTIONS.—This section does not graph (A); or Section 2281 of title 18, United States Code, apply to— ‘‘(E) attempts to do any act prohibited is amended— ‘‘(1) the activities of armed forces during under subparagraph (A), (B) or (D), or con- (1) in subsection (c), by striking ‘‘section an armed conflict, as those terms are under- spires to do any act prohibited by subpara- 2(c)’’ and inserting ‘‘section 13(c)’’; stood under the law of war, which are gov- graphs (A) through (E) or subsection (a)(2), (2) in subsection (d), by striking the defini- erned by that law; or shall be fined under this title, imprisoned tions of ‘‘national of the United States,’’ ‘‘(2) activities undertaken by military not more than 20 years, or both; and if the ‘‘territorial sea of the United States,’’ and forces of a state in the exercise of their offi- death of any person results from conduct ‘‘United States’’; and cial duties. prohibited by this paragraph, shall be im- (3) by inserting after subsection (d) the fol- ‘‘(d) DEFINITIONS.—In this section— prisoned for any term of years or for life. lowing: ‘‘(1) ‘continental shelf’ means the sea-bed ‘‘(2) THREATS.—A person who threatens, ‘‘(e) EXCEPTIONS.—This section does not and subsoil of the submarine areas that ex- with apparent determination and will to apply to— tend beyond a country’s territorial sea to carry the threat into execution, to do any ‘‘(1) the activities of armed forces during the limits provided by customary inter- act prohibited under paragraph (1)(A) shall an armed conflict, as those terms are under- national law as reflected in Article 76 of the be fined under this title, imprisoned not stood under the law of war, which are gov- 1982 Convention on the Law of the Sea; and more than 5 years, or both. erned by that law; or ‘‘(2) ‘fixed platform’ means an artificial is- ‘‘(2) activities undertaken by military land, installation, or structure permanently ‘‘(b) JURISDICTION.—There is jurisdiction forces of a state in the exercise of their offi- attached to the sea-bed for the purpose of ex- over the activity prohibited in subsection ploration or exploitation of resources or for (a)— cial duties.’’. SEC. 5104. NEW SECTION 2281A OF TITLE 18, other economic purposes.’’. ‘‘(1) in the case of a covered ship, if— (b) CONFORMING AMENDMENT.—The table of ‘‘(A) such activity is committed— UNITED STATES CODE. (a) IN GENERAL.—Chapter 111 of title 18, sections at the beginning of chapter 111 of ‘‘(i) against or on board a vessel of the title 18, United States Code, is amended by United States or a vessel subject to the juris- United States Code, is amended by adding after section 2281 the following new section: adding after the item relating to section 2281 diction of the United States (as defined in the following new item: section 70502 of title 46) at the time the pro- ‘‘§ 2281a. Additional offenses against maritime ‘‘2281a. Additional offenses against maritime hibited activity is committed; fixed platforms fixed platforms.’’. ‘‘(ii) in the United States, including the ‘‘(a) OFFENSES.— SEC. 5105. ANCILLARY MEASURE. territorial seas; or ‘‘(1) IN GENERAL.—A person who unlawfully Section 2332b(g)(5)(B) of title 18, United ‘‘(iii) by a national of the United States, by and intentionally— States Code, is amended by inserting ‘‘2280a a United States corporation or legal entity, ‘‘(A) when the purpose of the act, by its na- (relating to maritime safety),’’ before ‘‘2281’’, or by a stateless person whose habitual resi- ture or context, is to intimidate a popu- and by striking ‘‘2281’’ and inserting ‘‘2281 dence is in the United States; lation, or to compel a government or an through 2281a’’. ‘‘(B) during the commission of such activ- international organization to do or to ab- ity, a national of the United States is seized, stain from doing any act— TITLE LI—PREVENTION OF NUCLEAR threatened, injured, or killed; or ‘‘(i) uses against or on a fixed platform or TERRORISM ‘‘(C) the offender is later found in the discharges from a fixed platform any explo- SEC. 5201. NEW SECTION 2332øI¿ OF TITLE 18, United States after such activity is com- sive or radioactive material, biological, UNITED STATES CODE. mitted; chemical, or nuclear weapon in a manner (a) IN GENERAL.—Chapter 113B of title 18, ‘‘(2) in the case of a ship navigating or that causes or is likely to cause death or se- United States Code, is amended by adding scheduled to navigate solely within the terri- rious injury or damage; or after section 2332h the following: torial sea or internal waters of a country ‘‘(ii) discharges from a fixed platform oil, ‘‘§ 2332i. Acts of nuclear terrorism other than the United States, if the offender liquefied natural gas, or another hazardous ‘‘(a) OFFENSES.— is later found in the United States after such or noxious substance that is not covered by ‘‘(1) IN GENERAL.—Whoever knowingly and activity is committed; or clause (i), in such quantity or concentration unlawfully—

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.060 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8510 CONGRESSIONAL RECORD — SENATE November 21, 2013 ‘‘(A) possesses radioactive material or ‘‘(1) ‘armed conflict’ has the meaning given SEC. 5202. AMENDMENT TO SECTION 831 OF makes or possesses a device— that term in section 2332f(e)(11) of this title; TITLE 18 OF THE UNITED STATES ‘‘(i) with the intent to cause death or seri- ‘‘(2) ‘device’ means: CODE. ous bodily injury; or ‘‘(A) any nuclear explosive device; or Section 831 of title 18, United States Code, ‘‘(ii) with the intent to cause substantial ‘‘(B) any radioactive material dispersal or is amended— damage to property or the environment; or radiation-emitting device that may, owing (a) in subsection (a)— ‘‘(B) uses in any way radioactive material to its radiological properties, cause death, (1) by redesignating paragraphs (3) through or a device, or uses or damages or interferes serious bodily injury or substantial damage (8) as (4) through (9); with the operation of a nuclear facility in a to property or the environment; (2) by inserting after paragraph (2) the fol- manner that causes the release of or in- ‘‘(3) ‘international organization’ has the lowing: creases the risk of the release of radioactive meaning given that term in section 831(f)(3) ‘‘(3) without lawful authority, inten- material, or causes radioactive contamina- of this title; tionally carries, sends or moves nuclear ma- tion or exposure to radiation— ‘‘(4) ‘military forces of a state’ means the terial into or out of a country;’’; ‘‘(i) with the intent to cause death or seri- armed forces of a country that are organized, (3) in paragraph (8), as redesignated, by ous bodily injury or with the knowledge that trained and equipped under its internal law striking ‘‘an offense under paragraph (1), (2), such act is likely to cause death or serious for the primary purpose of national defense (3), or (4)’’ and inserting ‘‘any act prohibited bodily injury; or security and persons acting in support of under paragraphs (1) through (5)’’; and ‘‘(ii) with the intent to cause substantial those armed forces who are under their for- (4) in paragraph (9), as redesignated, by damage to property or the environment or mal command, control and responsibility; striking ‘‘an offense under paragraph (1), (2), with the knowledge that such act is likely to ‘‘(5) ‘national of the United States’ has the (3), or (4)’’ and inserting ‘‘any act prohibited cause substantial damage to property or the meaning given that term in section 101(a)(22) under paragraphs (1) through (7)’’; environment; or of the Immigration and Nationality Act (8 (b) in subsection (b)— ‘‘(iii) with the intent to compel a person, U.S.C. 1101(a)(22)); (1) in paragraph (1), by striking ‘‘(7)’’ and an international organization or a country ‘‘(6) ‘nuclear facility’ means: inserting ‘‘(8)’’; and to do or refrain from doing an act, ‘‘(A) any nuclear reactor, including reac- (2) in paragraph (2), by striking ‘‘(8)’’ and shall be punished as prescribed in subsection tors on vessels, vehicles, aircraft or space ob- inserting ‘‘(9)’’; (c). jects for use as an energy source in order to (c) in subsection (c)— ‘‘(2) THREATS.—Whoever, under cir- propel such vessels, vehicles, aircraft or (1) in subparagraph (2)(A), by adding after cumstances in which the threat may reason- space objects or for any other purpose; ‘‘United States’’ the following: ‘‘or a state- ably be believed, threatens to commit an of- ‘‘(B) any plant or conveyance being used less person whose habitual residence is in the fense under paragraph (1) shall be punished for the production, storage, processing or United States’’; as prescribed in subsection (c). Whoever de- transport of radioactive material; or (2) by striking paragraph (5); mands possession of or access to radioactive ‘‘(C) a facility (including associated build- (3) in paragraph (4), by striking ‘‘or’’ at the material, a device or a nuclear facility by ings and equipment) in which nuclear mate- end; and threat or by use of force shall be punished as rial is produced, processed, used, handled, (4) by inserting after paragraph (4), the fol- prescribed in subsection (c). stored or disposed of, if damage to or inter- lowing: ‘‘(3) ATTEMPTS AND CONSPIRACIES.—Who- ference with such facility could lead to the ‘‘(5) the offense is committed on board a ever attempts to commit an offense under release of significant amounts of radiation or vessel of the United States or a vessel sub- paragraph (1) or conspires to commit an of- radioactive material; ject to the jurisdiction of the United States fense under paragraph (1) or (2) shall be pun- ‘‘(7) ‘nuclear material’ has the meaning (as defined in section 70502 of title 46) or on ished as prescribed in subsection (c). given that term in section 831(f)(1) of this board an aircraft that is registered under title; ‘‘(b) JURISDICTION.—Conduct prohibited by United States law, at the time the offense is subsection (a) is within the jurisdiction of ‘‘(8) ‘radioactive material’ means nuclear committed; the United States if— material and other radioactive substances ‘‘(6) the offense is committed outside the ‘‘(1) the prohibited conduct takes place in that contain nuclides that undergo sponta- United States and against any state or gov- the United States or the special aircraft ju- neous disintegration (a process accompanied ernment facility of the United States; or risdiction of the United States; by emission of one or more types of ionizing ‘‘(7) the offense is committed in an attempt ‘‘(2) the prohibited conduct takes place radiation, such as alpha-, beta-, neutron par- to compel the United States to do or abstain outside of the United States and— ticles and gamma rays) and that may, owing from doing any act, or constitutes a threat ‘‘(A) is committed by a national of the to their radiological or fissile properties, directed at the United States.’’; United States, a United States corporation cause death, serious bodily injury or sub- (d) by redesignating subsections (d) or legal entity or a stateless person whose stantial damage to property or to the envi- through (f) as (e) through (g), respectively; ronment; habitual residence is in the United States; (e) by inserting after subsection (c): ‘‘(9) ‘serious bodily injury’ has the meaning ‘‘(B) is committed on board a vessel of the ‘‘(d) NONAPPLICABILITY.—This section does given that term in section 831(f)(4) of this United States or a vessel subject to the juris- not apply to— title; diction of the United States (as defined in ‘‘(1) the activities of armed forces during ‘‘(10) ‘state’ has the same meaning as that section 70502 of title 46) or on board an air- an armed conflict, as those terms are under- term has under international law, and in- craft that is registered under United States stood under the law of war, which are gov- cludes all political subdivisions thereof; law, at the time the offense is committed; or erned by that law; or ‘‘(11) ‘state or government facility’ has the ‘‘(C) is committed in an attempt to compel ‘‘(2) activities undertaken by military meaning given that term in section the United States to do or abstain from forces of a state in the exercise of their offi- 2332f(e)(3) of this title; doing any act, or constitutes a threat di- cial duties.’’; and ‘‘(12) ‘United States corporation or legal rected at the United States; (f) in subsection (g), as redesignated— ‘‘(3) the prohibited conduct takes place entity’ means any corporation or other enti- ty organized under the laws of the United (1) in paragraph (6), by striking ‘‘and’’ at outside of the United States and a victim or the end; an intended victim is a national of the States or any State, Commonwealth, terri- tory, possession or district of the United (2) in paragraph (7), by striking the period United States or a United States corporation at the end and inserting a semicolon; and or legal entity, or the offense is committed States; ‘‘(13) ‘vessel’ has the meaning given that (3) by inserting after paragraph (7), the fol- against any state or government facility of lowing: the United States; or term in section 1502(19) of title 33; and ‘‘(14) ‘vessel of the United States’ has the ‘‘(8) the term ‘armed conflict’ has the ‘‘(4) a perpetrator of the prohibited con- meaning given that term in section duct is found in the United States. meaning given that term in section 70502 of title 46.’’. 2332f(e)(11) of this title; ‘‘(c) PENALTIES.—Whoever violates this (b) CLERICAL AMENDMENT.—The table of ‘‘(9) the term ‘military forces of a state’ section shall be fined not more than sections at the beginning of chapter 113B of means the armed forces of a country that are $2,000,000 and shall be imprisoned for any title 18, United States Code, is amended by organized, trained and equipped under its in- term of years or for life. inserting after section 2332h the following: ternal law for the primary purpose of na- ‘‘(d) NONAPPLICABILITY.—This section does ‘‘2332i. Acts of nuclear terrorism.’’. tional defense or security and persons acting not apply to— (c) DISCLAIMER.—Nothing contained in this in support of those armed forces who are ‘‘(1) the activities of armed forces during section is intended to affect the applicability under their formal command, control and re- an armed conflict, as those terms are under- of any other Federal or State law that might sponsibility; stood under the law of war, which are gov- pertain to the underlying conduct. ‘‘(10) the term ‘state’ has the same mean- erned by that law; or (d) INCLUSION IN DEFINITION OF FEDERAL ing as that term has under international ‘‘(2) activities undertaken by military CRIMES OF TERRORISM.—Section law, and includes all political subdivisions forces of a state in the exercise of their offi- 2332b(g)(5)(B) of title 18, United States Code, thereof; cial duties. is amended by inserting ‘‘2332i (relating to ‘‘(11) the term ‘state or government facil- ‘‘(e) DEFINITIONS.—As used in this section, acts of nuclear terrorism),’’ before ‘‘2339 (re- ity’ has the meaning given that term in sec- the term— lating to harboring terrorists)’’. tion 2332f(e)(3) of this title; and

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.060 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8511 ‘‘(12) the term ‘vessel of the United States’ ‘‘(B) fosters greater respect for and under- ‘‘(A) Civilian personnel of a foreign govern- has the meaning given that term in section standing of the principle of civilian control ment at any level (including personnel of 70502 of title 46.’’. of the military; ministries other than ministries of defense). ‘‘(C) contributes to cooperation between ‘‘(B) Nongovernmental individuals of a for- SA 2517. Mr. COONS submitted an United States military and civilian govern- eign country.’’. amendment intended to be proposed by mental agencies and foreign military and ci- (2) CLERICAL AMENDMENT.—The table of him to the bill S. 1197, to authorize ap- vilian government agencies; or sections at the beginning of chapter 1 of such propriations for fiscal year 2014 for ‘‘(D) improves international partnerships title is amended by adding at the end the fol- military activities of the Department and capacity on matters relating to defense lowing new item: of Defense, for military construction, and security. ‘‘116. State Partnership Program.’’. (b) REPEAL OF SUPERSEDED AUTHORITY.— and for defense activities of the De- ‘‘(c) REIMBURSEMENT.—In the event of the partment of Energy, to prescribe mili- participation of United States Government Section 1210 of the National Defense Author- ization Act for Fiscal Year 2010 (Public Law tary personnel strengths for such fiscal participants (other than personnel of the De- partment of Defense) in activities for which 111–84; 123 Stat. 2517; 32 U.S.C. 107 note) is re- year, and for other purposes; which was pealed. ordered to lie on the table; as follows: payment is made under subsection (a), the head of the department or agency concerned At the end of subtitle F of title III, add the SA 2518. Ms. HIRONO submitted an following: shall reimburse the Secretary of Defense for amendment intended to be proposed by the costs associated with the participation of SEC. 353. CODIFICATION OF NATIONAL GUARD her to the bill S. 1197, to authorize ap- STATE PARTNERSHIP PROGRAM. such personnel in such contacts and activi- ties. Amounts reimbursed the Department of propriations for fiscal year 2014 for (a) STATE PARTNERSHIP PROGRAM.— military activities of the Department (1) IN GENERAL.—Chapter 1 of title 32, Defense under this subsection shall be depos- United States Code, is amended by adding at ited in the appropriation or account from of Defense, for military construction, the end the following new section: which amounts for the payment concerned and for defense activities of the De- ‘‘§ 116. State Partnership Program were derived. Any amounts so deposited partment of Energy, to prescribe mili- shall be merged with amounts in such appro- ‘‘(a) AVAILABILITY OF APPROPRIATED tary personnel strengths for such fiscal priation or account, and shall be available FUNDS.—(1) Funds appropriated to the De- year, and for other purposes; which was partment of Defense, including for the Air for the same purposes, and subject to the ordered to lie on the table; as follows: same conditions and limitations, as amounts and Army National Guard, shall be available On page 157, between the matter preceding in such appropriation or account. for the payment of costs to conduct activi- line 1 and line 1, insert the following: ties under the State Partnership Program, ‘‘(d) DEFINITIONS.—In this section: (e) DUTIES ON RETALIATION AND RETRIBU- whether inside the United States or outside ‘‘(1) The term ‘State Partnership Program’ TION FOR REPORTING OF SEXUAL ASSAULT.— the United States, for purposes as follows: means a program that establishes a defense (1) TRAINING.—Individuals serving as Spe- ‘‘(A) To support the objectives of the com- and security relationship between the Na- cial Victims’ Counsels shall be provided mander of the combatant command for the tional Guard of a State or territory and the training on retaliation and retribution theater of operations in which such activi- military and security forces, and related dis- against victims for reporting crimes. ties are conducted. aster management, emergency response, and (2) ADDITIONAL DUTIES.—In addition to the ‘‘(B) To support the objectives of the security ministries, of a foreign country. duties specified in subsection (a)(3), the du- United States chief of mission of the partner ‘‘(2) The term ‘activities’, for purposes of ties of a Special Victims’ Counsel shall in- nation with which such activities are con- the State Partnership Program, means any clude the provision of legal advice and as- ducted. military-to-military activities or inter- sistance regarding acts of retaliation and ‘‘(C) To build international partnerships agency activities for a purpose set forth in retribution resulting from reporting a sexual and defense and security capacity. subsection (a)(1). assault. ‘‘(D) To strengthen cooperation between ‘‘(3) The term ‘interagency activities’ the departments and agencies of the United means the following: SA 2519. Ms. HIRONO submitted an States Government and agencies of foreign ‘‘(A) Contacts between members of the Na- amendment intended to be proposed by governments to support building of defense tional Guard and foreign civilian personnel her to the bill S. 1197, to authorize ap- and security capacity. outside the ministry of defense of the foreign propriations for fiscal year 2014 for ‘‘(E) To facilitate intergovernmental col- country concerned on matters within the laboration between the United States Gov- military activities of the Department core competencies of the National Guard. of Defense, for military construction, ernment and foreign governments in the ‘‘(B) Contacts between United States civil- areas of defense and security. ian personnel and members of the Armed and for defense activities of the De- ‘‘(F) To facilitate and enhance the ex- Forces of a foreign country on matters with- partment of Energy, to prescribe mili- change of information between the United in such core competencies. tary personnel strengths for such fiscal States Government and foreign governments ‘‘(4) The term ‘matter within the core com- year, and for other purposes; which was on matters relating to defense and security. petencies of the National Guard’ means mat- ordered to lie on the table; as follows: ‘‘(2) Costs under paragraph (1) may include ters with respect to the following: At the end of part I of subtitle E of title V, costs as follows: ‘‘(A) Disaster response and mitigation. ‘‘(A) Costs of pay and allowances of mem- add the following: ‘‘(B) Defense support to civil authorities. SEC. 547. DISSEMINATION AND TRACKING OF bers of the National Guard. ‘‘(C) Consequence management and instal- ‘‘(B) Travel and necessary expenses of COMMAND CLIMATE SURVEYS AND lation protection. UNIT CLIMATE ASSESSMENTS. United States personnel outside of the De- ‘‘(D) Response to a chemical, biological, (a) DISSEMINATION OF RESULTS.—The re- partment of Defense in the State Partner- radiological, nuclear, or explosives (CBRNE) sults of each command climate survey or ship Program. event. unit climate assessment required to be per- ‘‘(C) Travel and necessary expenses of for- ‘‘(E) Border and port security and coopera- formed pursuant to regulations of the mili- eign participants directly supporting activi- tion with civilian law enforcement. tary department having jurisdiction over the ties under the State Partnership Program. ‘‘(F) Search and rescue. command or unit concerned shall be pro- ‘‘(b) LIMITATIONS.—(1) Funds shall not be ‘‘(G) Medicine. available under subsection (a) for activities vided to the following: ‘‘(H) Counterdrug and counternarcotics ac- described in that subsection that are con- (1) In the case of a command or unit under tivities. ducted in a foreign country unless jointly ap- the command of a commanding officer in ‘‘(I) Public affairs. proved by the commander of the combatant grade O–6 or above, to the commander in the command concerned and the chief of mission ‘‘(J) Employer support and family support next higher level in the chain of command of concerned. for reserve forces. such commanding officer. ‘‘(2) Funds shall not be available under ‘‘(5) The term ‘United States civilian per- (2) In the case of a command or unit under subsection (a) for the participation of a sonnel’ means the following: the command of a commanding officer in member of the National Guard in activities ‘‘(A) Personnel of the United States Gov- grade O–5 or below, to the commanders in described in that subsection in a foreign ernment (including personnel of departments the next two higher levels in the chain of country unless the member is on active duty and agencies of the United States Govern- command of such commanding officer. in the armed forces at the time of such par- ment other than the Department of Defense) (b) TRACKING OF UNIT PROGRESS.—The re- ticipation. and personnel of State and local govern- sults of surveys and assessments described in ‘‘(3) Funds shall not be available under ments of the United States. subsection (a) shall be maintained for each subsection (a) for interagency activities in- ‘‘(B) Members and employees of the legisla- command or unit concerned in order to per- volving United States civilian personnel or tive branch of the United States Govern- mit an ongoing evaluation of the climate of foreign civilian personnel unless the partici- ment. such command or unit and an assessment of pation of such personnel in such activities— ‘‘(C) Nongovernmental individuals. the progress made by such command or unit ‘‘(A) contributes to responsible manage- ‘‘(6) The term ‘foreign civilian personnel’ on matters covered by the surveys and as- ment of defense resources; means the following: sessments.

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(c) AVAILABILITY OF RESULTS FOR PRO- tion to the conflict in Syria, including the (1) to establish international consensus on MOTION SELECTION BOARDS.—Under regula- departure of Bashar al-Assad; the transition and post-transition period and tions prescribed by the Secretary of Defense, (6) to recognize the National Coalition for government in Syria; the results of surveys and assessments de- Syrian Revolutionary and Opposition Forces (2) to work with the Government of Russia scribed in subsection (a) regarding the com- (in this subtitle referred to as the ‘‘Syrian on the situation in Syria and the transition mand or unit of an officer being considered Opposition Coalition’’) as a legitimate rep- and post-transition period and government for selection for promotion or selection for resentative of the Syrian people; in Syria, including how such programs can command shall be made available to the pro- (7) to engage with opposition groups that leverage the shared interests of the United motion selection board or command selec- reflect United States interests and values, States and Russia in avoiding the expansion tion board, as applicable, for consideration most notably the Syrian Opposition Coali- of extremist ideologies and terrorist groups for selection in such manner as the Sec- tion, any legitimate successor groups, in- in Syria and the region; retary shall provide in such regulations. cluding appropriate subgroups within the op- (3) to work with the Friends of Syria group position that are representative of the Syr- to ensure that extremist and terrorist groups SA 2520. Mr. COBURN submitted an ian people, as well as the broader inter- in Syria are isolated and that the core of the amendment intended to be proposed by national community, that are committed to opposition can be brought to the negotiating him to the bill S. 1197, to authorize ap- facilitating an orderly transition to a more table; and propriations for fiscal year 2014 for stable democratic political order, includ- (4) to build an international consensus to ing— military activities of the Department limit and, to the greatest extent possible (A) protecting human rights, expanding po- eliminate, support from the Government of of Defense, for military construction, litical participation, and providing religious Iran for the Syrian regime, including a po- and for defense activities of the De- freedom to all Syrians, irrespective of reli- tential ban on all commercial flights be- partment of Energy, to prescribe mili- gion, ethnicity, or gender; tween Iran and Syria. tary personnel strengths for such fiscal (B) supporting the rule of law; (d) CONGRESSIONAL CONSULTATION.—The year, and for other purposes; which was (C) rejecting terrorism and extremist President shall actively consult with the ap- ordered to lie on the table; as follows: ideologies; propriate congressional committees prior to (D) subordinating the military to civilian At the appropriate place, insert the fol- the submission of the report required under authority; subsection (a). lowing: (E) protecting the Syrian population SEC. ll. REPORT ON PLANS FOR THE DISPOSI- SEC. 1252. CONGRESSIONAL OVERSIGHT OF against sectarian violence and reprisals; UNITED STATES GOVERNMENT AC- TION OF C–27A AIRCRAFT ACQUIRED (F) cooperating with international FOR THE AFGHAN NATIONAL SECU- TIVITIES IN SYRIA. RITY FORCES. counterterrorism and nonproliferation ef- (a) IN GENERAL.—The President shall keep Not later than 180 days after the enact- forts; Congress, through the appropriate congres- ment of this act. The Secretary of Defense (G) supporting regional stability and sional committees, fully and currently in- shall submit to the Congressional Defense avoiding interference in the affairs of neigh- formed of all United States Government ac- Committees a report on the plans of the De- boring countries; and tivities with respect to Syria, including ac- partment of Defense for the final disposition (H) establishing a strong justice system tivities and programs conducted or funded of the C–27A aircraft acquired to build the and ensuring accountability for conflict-re- pursuant to this subtitle. capabilities of the Afghan National Security lated crimes; (b) REPORTING.—The President shall pro- Forces. (8) to promote the territorial integrity of vide a classified briefing not less than on a Syria and continuity of the Syrian state by quarterly basis to the appropriate congres- SA 2521. Mr. MENENDEZ submitted supporting a post-Assad government that is sional committees detailing all United an amendment intended to be proposed capable of providing security, services, and States Government activities with respect to political and religious rights to its people; Syria, including activities and programs by him to the bill S. 1197, to authorize (9) to support efforts to identify and docu- appropriations for fiscal year 2014 for conducted or funded pursuant to this sub- ment the activities of those individuals who title. military activities of the Department target or lead units or organizations that of Defense, for military construction, target civilian populations and vulnerable PART II—HUMANITARIAN ASSISTANCE and for defense activities of the De- populations, including women and children, SEC. 1261. HUMANITARIAN ASSISTANCE TO THE partment of Energy, to prescribe mili- or have engaged in otherwise unlawful acts, PEOPLE OF SYRIA. tary personnel strengths for such fiscal and to ensure that they are held accountable (a) AUTHORITY.—Notwithstanding any year, and for other purposes; which was for their actions; and other provision of law that restricts the pro- (10) to ensure a stable and appropriate po- vision of United States economic or other ordered to lie on the table; as follows: litical transition in Syria and limit the non-military assistance in Syria, the Presi- At the end of title XII, add the following: threats posed by extremist groups, weapons dent is authorized to provide economic and Subtitle D—Syria Transition Support proliferation, sectarian and ethnic violence, other non-military assistance to meet hu- SEC. 1241. APPROPRIATE CONGRESSIONAL COM- and refugee flows in the aftermath of the manitarian needs to the people of Syria, ei- MITTEES DEFINED. current conflict. ther directly or through appropriate groups In this subtitle, except as specifically pro- SEC. 1243. NO AUTHORIZATION FOR THE USE OF and organizations pursuant to the provisions vided in part III of this subtitle, the term MILITARY FORCE. of the Foreign Assistance Act of 1961 (22 ‘‘appropriate congressional committees’’ Nothing in this subtitle shall be construed U.S.C. 2151 et seq.) or the Migration and Ref- means the Committee on Foreign Relations as providing authorization for the use of ugee Assistance Act (22 U.S.C. 2601 et seq.). of the Senate and the Committee on Foreign military force by the United States Armed (b) RULE OF CONSTRUCTION.—Nothing in Affairs of the House of Representatives. Forces. this section shall be construed to authorize SEC. 1242. PURPOSES OF ASSISTANCE. PART I—UNITED STATES STRATEGY AND new or additional funding for humanitarian The purposes of assistance authorized by CONGRESSIONAL OVERSIGHT needs. this subtitle are— SEC. 1251. REPORT ON UNITED STATES STRAT- SEC. 1262. SENSE OF CONGRESS. (1) to support transition from the current EGY ON SYRIA. Consistent with the policy objectives de- regime to a just and democratic state that is (a) IN GENERAL.—Not later than 60 days scribed in section 1242, it is the sense of Con- inclusive and protects the rights of all Syr- after the date of the enactment of this Act, gress that— ians regardless of religion, ethnicity, or gen- the Secretary of State shall submit to the (1) the United States should continue to der; appropriate congressional committees an un- coordinate with other donor nations, the classified report, with an classified annex, as (2) to assist the people of Syria, especially United Nations, other multilateral agencies, necessary, on an integrated United States internally displaced persons and refugees, in and nongovernmental organizations to en- Government strategy to achieve the pur- meeting basic needs including access to food, hance the effectiveness of humanitarian as- poses set forth in section 1242. health care, shelter, and clean drinking sistance to the people suffering as a result of (b) METRICS.—The strategy referenced in water; subsection (a) should include specific pro- the crisis in Syria; (3) to provide political and economic sup- posed actions to be taken by each relevant (2) countries hosting Syrian refugees port to those neighboring countries who are government agency, a timeframe for begin- should be commended for their efforts and hosting refugees fleeing Syria and to inter- ning and completing such actions, and should be encouraged to maintain an open national organizations that are providing as- metrics for evaluating the success of each border policy for fleeing Syrians; sistance and coordinating humanitarian re- proposed action relative to the purpose of (3) the United States Government should lief efforts; such action. continue to work with these partners to help (4) to oppose the unlawful use of violence (c) INTERNATIONAL ENGAGEMENT STRAT- their national systems accommodate the against civilians by all parties to the con- EGY.—The strategy referenced in subsection population influx and also maintain delivery flict in Syria; (a) should specifically include sections de- of basic services to their own citizens; and (5) to use a broad array of instruments of scribing specific United States Government (4) the United States Government should national power to expedite a negotiated solu- programs and efforts— seek to identify humanitarian assistance as

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.061 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8513 originating from the American people wher- aviation gasoline, motor gasoline, naptha- isting licenses for the transfer to the person ever possible and to the fullest extent prac- type jet fuel, kerosene-type jet fuel, ker- of items the export of which is controlled ticable, while maintaining consideration for osene, distillate fuel oil, residual fuel oil, pe- under the Export Administration Act of 1979 the health and safety of the implementers trochemical feedstocks, special naphthas, lu- (50 U.S.C. App. 2401 et seq.) (as in effect pur- and recipients of that assistance and the bricants, waxes, petroleum coke, asphalt, suant to the International Emergency Eco- achievement of United States policy goals road oil, still gas, miscellaneous products ob- nomic Powers Act (50 U.S.C. 1701 et seq.)) or and the purposes set forth in section 1242. tained from the processing of crude oil (in- the Export Administration Regulations SEC. 1263. REPORT ON STRATEGY TO COMMU- cluding lease condensate), natural gas, and under subchapter C of chapter VII of title 15, NICATE TO THE SYRIAN PEOPLE other hydrocarbon compounds. Code of Federal Regulations. ABOUT ASSISTANCE PROVIDED BY (6) UNITED STATES PERSON.—The term (5) BLOCKING OF ASSETS.—The President THE UNITED STATES GOVERNMENT. ‘‘United States person’’ means— may, pursuant to such regulations as the (a) IN GENERAL.—Not later than 90 days (A) a natural person who is a citizen or President may prescribe, block and prohibit after the date of the enactment of this Act, resident of the United States or a national of all transactions in all property and interests the Secretary of State shall submit to the the United States (as defined in section in property of the person if such property appropriate congressional committees an un- 101(a) of the Immigration and Nationality and interests in property are in the United classified report with a classified annex, as Act (8 U.S.C. 1101(a))); and States, come within the United States, or necessary, on an integrated United States (B) an entity that is organized under the are or come within the possession or control Government strategy to ensure that the peo- laws of the United States or a jurisdiction of a United States person. ple of Syria people are made aware to the within the United States. (6) VISA INELIGIBILITY.—In the case of a maximum extent possible of the assistance SEC. 1272. IMPOSITION OF SANCTIONS WITH RE- person that is an alien, the President may that the United States Government provides SPECT TO SELLING, TRANSFERRING, direct the Secretary of State to deny a visa to Syrians both inside Syria and those seek- OR TRANSPORTING DEFENSE ARTI- to, and the Secretary of Homeland Security ing refuge in neighboring countries. CLES, DEFENSE SERVICES, OR MILI- to exclude from the United States, the per- (b) CONTENT.—The report should include TARY TRAINING TO THE ASSAD RE- son, subject to regulatory exceptions to per- GIME OF SYRIA. the following elements: mit the United States to comply with the On or after the date that is 30 days after (1) A discussion of how the United States Agreement between the United Nations and the date of the enactment of this Act, the balances three imperatives of— the United States of America regarding the President may impose sanctions from among (A) maximizing the efficacy of aid provided Headquarters of the United Nations, signed the sanctions described in section 1274 with to the people of Syria; June 26, 1947, and entered into force Novem- respect to any person that the President de- (B) ensuring that there is awareness among ber 21, 1947, and other applicable inter- termines has, on or after such date of enact- the people of Syria on the amount and na- national obligations. ture of this aid; and ment, knowingly participated in or facili- (C) leveraging this aid to improve the tated a significant transaction related to the SEC. 1275. WAIVERS. credibility of the Syrian Opposition Coali- sale, transfer, or transportation of defense (a) GENERAL WAIVER AUTHORITY.—The tion amongst the people of Syria. articles, defense services, or military train- President may waive the application of sec- (2) Methods by which the United States ing to the Assad regime of Syria or any suc- tion 1272 or 1273 to a person or category of Government and its partners plan to commu- cessor regime in Syria that the President de- persons for a period of 180 days, and may nicate to the people of Syria what assistance termines is not a legitimate transitional or renew the waiver for additional periods of 180 the United States has provided. replacement government. days, if the President determines and reports (3) A plan, with specific action, timelines, SEC. 1273. IMPOSITION OF SANCTIONS WITH RE- to the appropriate congressional committees and evaluation metrics for promoting aware- SPECT TO PERSONS PROVIDING PE- every 180 days that the waiver is in the vital ness of the United States Government’s as- TROLEUM OR PETROLEUM PROD- national security interests of the United UCTS TO THE ASSAD REGIME OF States. sistance to the maximum extent possible SYRIA. (b) WAIVER FOR HUMANITARIAN NEEDS.—The while taking into consideration and ensuring On or after the date that is 30 days after President may waive the application of sec- the safety of its implementing partners and the date of the enactment of this Act, the tion 1273 to a person for a period of 180 days, personnel providing that assistance and the President shall impose the sanction de- and may renew the waiver for additional pe- achievement of the United States policy scribed in paragraph (5) of section 1274 and 2 riods of 180 days, if the President determines goals and the purposes set forth in section or more of the other sanctions described in and reports to the appropriate congressional 1242. that section with respect to each person that committees every 180 days that the waiver is (4) An assessment of the Syrian Opposition the President determines has, on or after to necessary to permit the person to conduct Coalition’s Assistance Coordination Unit such date of enactment, knowingly partici- or facilitate a transaction that is necessary (ACU)’s, or any appropriate successor enti- pated in or facilitated a significant trans- to meet humanitarian needs of the people of ty’s, capacity to participate in the distribu- action related to the sale or transfer of pe- Syria. tion of assistance, and a description of steps troleum or petroleum products to the Assad the United States Government is taking to regime of Syria or any successor regime in (c) FORM.—Each report submitted under increase their profile so as to help build their Syria that the President determines is not a subsection (a) or (b) shall be submitted in credibility among Syrians. legitimate transitional or replacement gov- unclassified form but may include a classi- PART III—SYRIA SANCTIONS ernment. fied annex. SEC. 1271. DEFINITIONS. SEC. 1274. SANCTIONS DESCRIBED. SEC. 1276. SENSE OF CONGRESS ON SANCTIONS. In this part: The sanctions the President may impose It is the sense of Congress that the Presi- (1) APPROPRIATE CONGRESSIONAL COMMIT- with respect to a person under sections 1272 dent should work closely with allies of the TEES.—The term ‘‘appropriate congressional and 1273 are the following: United States to obtain broad multilateral committees’’ means— (1) EXPORT-IMPORT BANK ASSISTANCE.—The support for countries to impose sanctions (A) the Committee on Foreign Relations, President may direct the Export-Import that are equivalent to the sanctions set forth the Committee on Finance, and the Com- Bank of the United States not to give ap- in this part under the laws of those coun- mittee on Banking, Housing, and Urban Af- proval to the issuance of any guarantee, in- tries. fairs of the Senate; and surance, extension of credit, or participation (B) the Committee on Foreign Affairs, the in the extension of credit in connection with SA 2522. Mr. MENENDEZ (for himself Committee on Ways and Means, and the the export of any goods or services to the and Mr. CORKER) submitted an amend- Committee on Financial Services of the person. ment intended to be proposed by him House of Representatives. (2) PROCUREMENT SANCTION.—The President (2) DEFENSE ARTICLE; DEFENSE SERVICE.— may prohibit the United States Government to the bill S. 1197, to authorize appro- The terms ‘‘defense article’’ and ‘‘defense from procuring, or entering into any con- priations for fiscal year 2014 for mili- service’’ have the meanings given those tract for the procurement of, any goods or tary activities of the Department of terms in section 47 of the Arms Export Con- services from the person. Defense, for military construction, and trol Act (22 U.S.C. 2794). (3) ARMS EXPORT PROHIBITION.—The Presi- for defense activities of the Depart- (3) PERSON.—The term ‘‘person’’ means an dent may prohibit United States Govern- ment of Energy, to prescribe military individual or entity. ment sales to the person of any item on the personnel strengths for such fiscal (4) PETROLEUM.—The term ‘‘petroleum’’ in- United States Munitions List under section cludes crude oil and any mixture of hydro- 38(a)(1) of the Arms Export Control Act (22 year, and for other purposes; which was carbons that exists in liquid phase in natural U.S.C. 2778(a)(1)) and require termination of ordered to lie on the table; as follows: underground reservoirs and remains liquid at sales to the person of any defense articles, At the end of title XII, add the following: atmospheric pressure after passing through defense services, or design and construction Subtitle D—Egypt Assistance Reform surface separating facilities. services under that Act (22 U.S.C. 2751 et (5) PETROLEUM PRODUCTS.—The term ‘‘pe- seq.). SEC. 1241. SHORT TITLE. troleum products’’ includes unfinished oils, (4) DUAL-USE EXPORT PROHIBITION.—The This subtitle may be referred to as the liquefied petroleum gases, pentanes plus, President may deny licenses and suspend ex- ‘‘Egypt Assistance Reform Act of 2013’’.

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PROHIBITION ON ASSISTANCE TO GOV- (D) submits to such committees an anal- ERNMENTS FOLLOWING COUPS shall be accompanied by a report describing ysis of the degree to which providing such D’E´ TAT. the types and amounts of assistance to be assistance is in the national security inter- Chapter 1 of part II of the Foreign Assist- provided pursuant to the waiver and the jus- ests of the United States and the actions of ance Act of 1961 (22 U.S.C. 2301 et seq.) is tification for the waiver, including a descrip- the Government of Egypt do or do not satisfy amended by adding at the end the following tion and analysis of the foreign govern- each of the criteria contained in subpara- new section: ment’s commitment to restoring democratic graphs (A) through (F) of paragraph (2). governance and due process of law and the (2) EXTENSION OF WAIVER.—The President ‘‘SEC. 502C. PROHIBITION ON ASSISTANCE FOL- demonstrable steps being taken by such for- LOWING COUPS D’E´ TAT. may extend the effective period of a waiver eign government toward holding free and fair under paragraph (1) for an additional 180-day ‘‘(a) IN GENERAL.—After the date of enact- elections. ment of this Act. Except as provided under period if, not later than 15 days before the ‘‘(g) APPROPRIATE CONGRESSIONAL COMMIT- extension takes effect, the President submits subsection (b), no foreign assistance author- TEES DEFINED.—In this section, the term ‘ap- ized pursuant to this Act or the Arms Export to the appropriate congressional committees propriate congressional committees’ means an updated certification, report, and analysis Control Act (22 U.S.C. 2751 et seq.) may be the Committees on Foreign Relations and that meet the requirements of subparagraph provided to the government of a foreign Appropriations of the Senate and the Com- (A), (C), and (D), respectively, of paragraph country, and none of the funds appropriated mittees on Foreign Affairs and Appropria- (1). for such assistance shall be obligated or ex- tions of the House of Representatives.’’. (d) STRATEGY TO REFORM UNITED STATES pended to finance directly any such assist- PART II—UNITED STATES ASSISTANCE MILITARY ASSISTANCE TO EGYPT.— ance for such government, whose democrat- FOR EGYPT (1) IN GENERAL.—Not later than 90 days ically elected head of government is deposed after the date of the enactment of this Act, by coup d’e´tat or decree in which the secu- SEC. 1261. SUSPENSION AND REFORM OF ARMS SALES. the Secretary of State shall submit to Con- rity services of that country play a decisive (a) IN GENERAL.—The United States Gov- gress a comprehensive strategy for modern- role. ernment may not license, approve, facilitate, izing and improving United States security ‘‘(b) EXCEPTIONS.—The prohibition in sub- or otherwise allow the sale, lease, transfer, cooperation with, and assistance for Egypt. section (a) shall not apply to humanitarian retransfer, or delivery of defense articles or The strategy shall seek to— assistance or assistance to promote demo- defense services to Egypt under section (A) enhance the ability of the Government cratic elections or public participation in 38(a)(1) of the Arms Export Control Act (22 of Egypt to detect, disrupt, dismantle, and democratic processes. U.S.C. 2778(a)(1)) until 15 days after the defeat al Qaeda, its affiliated groups, and ‘‘(c) DETERMINATION AND PUBLICATION.— President submits the strategy required other terrorist organizations operating in ‘‘(1) IN GENERAL.—After the date of enact- under subsection (d) and submits to the ap- Egypt, and to counter terrorist ideology and ment of this Act. Not later than 30 days of propriate congressional committees a certifi- radicalization in Egypt; receiving credible information that the cation that— (B) improve the capacity of the Govern- democratically elected head of a national (1) providing such assistance is in the na- ment of Egypt to prevent human trafficking government may have been deposed by coup tional security interests of the United and the illicit movement of terrorists, crimi- d’e´tat or decree in which the security serv- States; and nals, weapons, and other dangerous material ices of that country played a decisive role, (2) the Government of Egypt— across Egypt’s borders or administrative the Secretary of State shall determine (A) continues to implement the Peace boundaries, especially through illicit points whether the democratically elected head of Treaty between the State of Israel and the of entry into the Gaza Strip; government was deposed by coup d’e´tat or Arab Republic of Egypt, signed at Wash- (C) improve the Government of Egypt’s decree in which the security forces of that ington, March 26, 1979; operational capabilities in counterinsur- country played a decisive role. (B) is taking necessary and appropriate gency, counterterrorism, and border and ‘‘(2) TRANSMISSION OF DETERMINATION.—A measures to counter terrorism, including maritime security; determination made under paragraph (1) measures to counter smuggling into the (D) enhance the capacity of the Govern- shall be submitted to the appropriate con- Gaza Strip by, among other measures, de- ment of Egypt to gather, integrate, analyze, gressional committees on the day that such tecting and destroying tunnels between and share intelligence, especially with re- determination is made. Egypt and the Gaza Strip and securing the spect to the threat posed by terrorism and ‘‘(d) TERMINATION OF RESTRICTION.—The re- Sinai peninsula; other illicit activity, while also ensuring a striction in subsection (a) shall terminate 15 (C) is allowing the United States Armed proper protection for the civil liberties of days after the Secretary of State notifies the Forces to transit the territory of Egypt, in- Egypt’s citizens; and appropriate congressional committees that a cluding through the airspace and territorial (E) increase transparency, accountability democratically elected government has waters of Egypt; to civilian authority, respect for human taken office in such country pursuant to (D) is supporting a transition to an inclu- rights, and the rule of law within the armed elections determined to be free and fair. sive civilian government by demonstrating a forces of Egypt. ‘‘(e) WAIVER.— commitment to, and making consistent (2) ELEMENTS.—The strategy required ‘‘(1) IN GENERAL.—The President may waive progress toward, holding regular, credible under paragraph (1) shall include the fol- the restrictions in subsection (a) for a 180- elections that are free, fair, and consistent lowing elements: day period if, not later than 5 days before the with internationally accepted standards; (A) A detailed assessment of the mecha- waiver takes effect, the President— (E) is respecting and protecting the polit- nism by which military assistance is pro- ‘‘(A) certifies to the appropriate congres- ical and economic freedoms of all residents vided to Egypt and whether such mechanism sional committees that providing such as- of Egypt, including taking measures to ad- should be modified. sistance is in the vital national security in- dress violence against women and religious (B) A detailed summary of the current bal- terests of the United States, including for minorities; and ance between the levels of economic and the purpose of combatting terrorism; and (F) is respecting freedom of expression and military support provided to Egypt, includ- ‘‘(B) such foreign government is com- due process of law, including respecting the ing an assessment of whether funding for mitted to restoring democratic governance rights of women and religious minorities. economic development and political assist- and due process of law, and is taking demon- (b) EXCEPTION.—The limitation under sub- ance programs should be increased as a per- strable steps toward holding free and fair section (a) shall not apply to defense articles centage of overall United States foreign as- elections in a reasonable timeframe. and defense services to be used primarily for sistance to Egypt, and an assessment of ‘‘(2) CONSULTATION.—Not later than 30 days supporting or enabling counterterrorism, whether there should be an increased per- prior to the submission of the certification border and maritime security, or special op- centage of foreign military assistance fo- required by subparagraph (A) of paragraph erations capabilities or operations. cused on counterinsurgency, counterter- (1), the Secretary of State shall consult with (c) WAIVER.— rorism, border and maritime security and re- the appropriate congressional committees (1) IN GENERAL.—The President may waive lated training. regarding the use of the waiver authority the restrictions in subsection (a) for a 180- (C) A process to assess whether current provided under such paragraph and provide day period if, not later than 15 days before levels of economic and military support pro- such committees a full briefing on the need the waiver takes effect, the President— vided to Egypt are achieving United States for such waiver. (A) certifies to the appropriate congres- national security objectives and supporting ‘‘(3) EXTENSION OF WAIVER.—The Secretary sional committees that providing such as- Egypt’s transition to democracy. of State may extend the effective period of a sistance is in the vital national security in- (D) An estimated schedule for completing waiver under paragraph (1) for an additional terests of the United States; the baseline conventional modernization of 180-day period if, not later than 5 days before (B) transmits the strategy required under the armed forces of Egypt with United the extension takes effect, the Secretary of subsection (d) to such committees; States-origin equipment. State submits to the appropriate congres- (C) provides to such committees a report (E) An assessment of the extent to which sional committees an updated certification detailing the reasons for making the deter- the Government of Egypt is—

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.062 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8515 (i) implementing the 1979 Egypt-Israel tification required by subsection (a) cannot (A) measures to promote and protect for- Peace Treaty; be made; and eign direct investment in the economy of (ii) taking effective steps to combat ter- (D) an analysis of the degree to which such Egypt; rorism on the Sinai Peninsula; and assistance is in the national security inter- (B) programs to assist regional economic (iii) taking effective steps to eliminate ests of the United States and the actions of engagement by the Government of Egypt and smuggling networks and to detect and de- the Government of Egypt do, or do not, sat- job creation in that country through, among stroy tunnels between Egypt and the Gaza isfy the criteria in subsection (a)(2). other things, assisting in the establishment Strip. (2) EXTENSION OF WAIVER.—The President of free trade zones in Egypt along the Suez (3) CONSULTATION REQUIREMENT.—In devel- may extend the effective period of a waiver Canal Zone; oping the strategy required under paragraph under paragraph (1) for an additional 180-day (C) efforts to improve the business climate (1), the Secretary of State shall consult with, period if, not later than 15 days before the in Egypt, including by promoting United among other relevant parties, the appro- extension takes effect, the President submits States trade with Egypt and investment in priate congressional committees and the to the appropriate congressional committees that country; and Government of Egypt. an updated certification, report, and analysis (D) efforts to promote market-based eco- (4) REPORT ON CONTRACTS.—The Secretary that meet the requirements of subparagraphs nomic reforms and to identify barriers to of State shall submit with the strategy re- (A), (C), and (D), respectively, of paragraph entry in the economy of Egypt that prevent quired under paragraph (1) a report con- (1). the efficient flow of capital, goods, and serv- taining— ices. (c) STRATEGY.— (A) a summary of all contracts with the (3) CONSULTATION REQUIREMENT.—In devel- Government of Egypt funded through United (1) IN GENERAL.—The Secretary of State oping the strategy required by paragraph (1), States assistance over the prior 10 years and shall separately provide to Congress a com- the Secretary of State shall consult with, a projection of such contracts over the next prehensive foreign assistance strategy for among other relevant parties, the appro- 5 years; and Egypt that— priate congressional committees, the Gov- (B) information on any contracts or pur- (A) addresses how United States foreign as- ernment of Egypt, political opposition chases made by the Government of Egypt sistance can most effectively— groups in Egypt, private sector leaders, non- using interest earned from amounts in an in- (i) respond to the political and economic governmental organizations, religious and terest-bearing account for Egypt related to development concerns and aspirations of the secular groups, women’s organizations, and funds made available under section 23 of the people of Egypt, and seek to advance the civil society groups, as well as relevant Arms Export Control Act (22 U.S.C. 2763) and United States’ strategic objective of a se- international nongovernmental organiza- whether the use of this interest has cure, democratic, civilian-led, and pros- tions. furthered the goals described in this section. perous Egypt that is a partner of the United (d) FUNDING FOR DEMOCRACY AND GOVERN- States and advances peace and security in SEC. 1262. SUSPENSION AND REFORM OF UNITED ANCE PROGRAMS.— STATES ECONOMIC SUPPORT TO the region; (1) IN GENERAL.—If, in any fiscal year, bi- EGYPT. (ii) support regional stability and coopera- lateral economic assistance is provided to tion by strengthening the political and eco- (a) IN GENERAL.—No bilateral economic as- Egypt pursuant to chapter 4 of part II of the sistance may be made available to the Gov- nomic relationships between Egypt and her Foreign Assistance Act of 1961 (22 U.S.C. 2346 ernment of Egypt pursuant to chapter 4 of neighbors; et seq.; relating to the Economic Support part II of the Foreign Assistance Act of 1961 (iii) encourage and support efforts by the Fund), not less than $50,000,000 of that assist- (22 U.S.C. 2346 et seq.; relating to the Eco- Government and people of Egypt to foster ance shall be provided through the Depart- nomic Support Fund) until 15 days after the democratic norms and institutions, includ- ment of State and the National Endowment Secretary of State submits the strategy re- ing rule of law, transparent and accountable for Democracy for democracy and govern- quired under subsection (c) and certifies to governance, an independent legislature and ance programs in Egypt. the appropriate congressional committees judiciary, regular conduct of free and fair (2) ADDITIONAL FUNDING IF WAIVER AUTHOR- that— elections, an inclusive political process, and ITY INVOKED.—If, in any fiscal year, the (1) providing such assistance is in the na- effective, law-abiding public security forces; President exercises the waiver authority tional security interest of the United States; (iv) support economic reforms by the Gov- under subsection (b) and bilateral economic and ernment of Egypt to encourage private sec- assistance is provided to Egypt pursuant to (2) the Government of Egypt— tor-led growth and job creation, create a fa- chapter 4 of part II of the Foreign Assistance (A) continues to implement the Peace vorable climate for business and investment, Act of 1961, not less than $25,000,000 of that Treaty between the State of Israel and the fight corruption, and expand international assistance (in addition to the amount pro- Arab Republic of Egypt, signed at Wash- trade; vided for under paragraph (1)) shall be pro- ington, March 26, 1979; (v) seek to foster a vibrant civil society in vided through the Department of State and (B) is supporting the transition to an in- Egypt, including the unencumbered oper- the National Endowment for Democracy for clusive civilian government by dem- ation of nongovernmental organizations, a democracy and governance programs in onstrating a commitment to hold regular, free and independent media, respect for Egypt. credible elections that are free, fair, and con- women, and protections for the political, SEC. 1263. TERMINATION. sistent with internationally accepted stand- economic, and religious freedoms and rights The limitations under section 1261 and 1262 ards; of all citizens and residents of Egypt; and shall terminate 15 days after the President (C) is respecting and protecting the polit- (vi) seek to support security sector reform, certifies to the appropriate congressional ical, economic, and religious freedoms of all particularly regarding civilian police forces; committees that a democratically elected residents of Egypt, including taking meas- (B) includes an assessment of what actions government has taken office in Egypt pursu- ures to address violence against women and the Government of Egypt has taken, in law ant to elections determined by the President religious minorities; and practice, that advance or inhibit the in- to be free and fair. (D) is permitting nongovernmental organi- terests, principles, and goals described with- SEC. 1264. ADDITIONAL OVERSIGHT OF ONGOING zations and civil society groups in Egypt to in this strategy, including the ability of EGYPT FUNDING. Section 7041(a) of the Consolidated Appro- operate freely and consistent with inter- Egyptian and international nongovern- priations Act, 2012 (Public Law 112–74; 125 nationally recognized standards; and mental organizations to operate inside Stat. 1222) is amended by striking ‘‘Commit- (E) is demonstrating a commitment to im- Egypt, especially for the purposes of pro- tees on Appropriations’’ each place it ap- plementing economic reforms, including re- moting political, economic, and religious pears and inserting ‘‘Committees on Appro- forms necessary to reduce the deficit and en- freedoms and rights, democracy, and edu- priations and Foreign Relations of the Sen- sure economic stability and growth. cation, and what actions the Secretary of ate and the Committees on Appropriations (b) WAIVER.— State has taken to further the same inter- and Foreign Affairs of the House of Rep- (1) IN GENERAL.—The President may waive ests, principles, and goals in Egypt; resentatives’’. the limitation under subsection (a) for a 180- (C) is based on the best principles and prac- SEC. 1265. SUNSET OF EXISTING AUTHORITY. day period if, not later than 15 days before tices of effective international development, Section 7008 of the Consolidated Appropria- the waiver takes effect, the President— the provision of matching funds by the host tions Act, 2012 (Public Law 112–74; 125 Stat. (A) certifies to the appropriate congres- government, leveraging assistance for great- 1195) and similar provision in effect upon the sional committees that providing such as- er impact together with the private sector, date of enactment this Act is hereby re- sistance is in the vital national security in- and the goal of graduation from assistance; pealed. terests of the United States; and SEC. 1266. APPROPRIATE CONGRESSIONAL COM- (B) submits to such committees the strat- (D) includes a detailed assessment of re- MITTEES DEFINED. egy required under subsection (c); sources and amounts that will be necessary In this subtitle, the term ‘‘appropriate con- (C) submits to such committees a report to achieve the set forth in this subsection gressional committees’’ means the Commit- detailing the reasons for making the deter- over the next five fiscal years. tees on Foreign Relations and Appropria- mination that such assistance is in the vital (2) CONSIDERATION OF CERTAIN ELEMENTS.— tions of the Senate and the Committees on national security interests of the United The strategy required by paragraph (1) shall Foreign Affairs and Appropriations of the States notwithstanding the fact that the cer- include consideration of— House of Representatives.

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Mr. MENENDEZ (for him- (b) INELIGIBILITY FOR EXCEPTIONS TO SANC- (c) EXPANSION OF ENTITIES SUBJECT TO self, Mr. SCHUMER, Mr. CARDIN, Mr. TIONS.—Section 1245(d)(4)(D) of the National ASSET FREEZE.—Section 1244(c) of the Iran Defense Authorization Act for Fiscal Year BLUMENTHAL, Mr. COONS, and Mr. Freedom and Counter-Proliferation Act of 2012 (22 U.S.C. 8513a(d)(4)(D)) is amended by 2012 (22 U.S.C. 8803(c)) is amended— CASEY) submitted an amendment in- adding at the end the following: (1) in paragraph (1)(A), by striking ‘‘the tended to be proposed by him to the ‘‘(iii) INELIGIBILITY FOR EXCEPTION.— date that is 180 days after the date of the en- bill S. 1197, to authorize appropriations ‘‘(I) IN GENERAL.—A country that pur- actment of this Act’’ and inserting ‘‘the date for fiscal year 2014 for military activi- chased petroleum from Iran or of Iranian ori- that is 90 days after the date of the enact- ties of the Department of Defense, for gin during the one-year period preceding the ment of the Nuclear Free Iran Act of 2013’’; military construction, and for defense date of the enactment of the Nuclear Free and activities of the Department of Energy, Iran Act of 2013 may continue to receive an (2) in paragraph (2)— exception under clause (i) on or after the (A) in the matter preceding subparagraph to prescribe military personnel date that is one year after such date of en- strengths for such fiscal year, and for (A), by striking ‘‘the date that is 180 days actment only— after the date of the enactment of this Act’’ other purposes; which was ordered to ‘‘(aa) if the country reduces its purchases and inserting the ‘‘the date that is 90 days lie on the table; as follows: of petroleum from Iran or of Iranian origin after the date of the enactment of the Nu- At the end of title XII, add the following: to a de minimis level by the end of the one- clear Free Iran Act of 2013’’; year period beginning on such date of enact- Subtitle D—Iran Sanctions (B) by striking ‘‘the energy, shipping, or ment; or shipbuilding sectors’’ each place it appears SEC. 1241. SHORT TITLE. ‘‘(bb) as provided in subclause (II) or (III). and inserting ‘‘a strategic sector’’; and This subtitle may be cited as the ‘‘Nuclear ‘‘(II) COUNTRIES THAT DRAMATICALLY RE- (C) by inserting ‘‘, special economic zone, Free Iran Act of 2013’’. DUCE PURCHASES.— or free economic zone’’ after ‘‘port’’ each PART I—EXPANSION AND IMPOSITION OF ‘‘(aa) IN GENERAL.—A country that would place it appears; and SANCTIONS otherwise be ineligible pursuant to subclause (3) by adding at the end the following: SEC. 1251. APPLICABILITY OF SANCTIONS WITH (I)(aa) to receive an exception under clause ‘‘(4) STRATEGIC SECTOR DEFINED.— RESPECT TO PETROLEUM TRANS- (i) may continue to receive such an excep- ‘‘(A) IN GENERAL.—In this section, the term ACTIONS. tion during the one-year period beginning on ‘strategic sector’ means— (a) IN GENERAL.—Section 1245(d)(4)(D)(i) of the date that is one year after the date of the ‘‘(i) the energy, shipping, shipbuilding, and the National Defense Authorization Act for enactment of the Nuclear Free Iran Act of mining sectors of Iran; Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(D)(i)) is 2013 if the country— ‘‘(ii) except as provided in subparagraph amended— ‘‘(AA) dramatically reduced by at least 30 (B), the construction and engineering sectors (1) in subclause (I), by striking ‘‘reduced percent its purchases of petroleum from Iran of Iran; and or of Iranian origin during the one-year pe- reduced its volume of crude oil purchases ‘‘(iii) any other sector the President des- riod beginning on such date of enactment; from Iran’’ and inserting ‘‘reduced the vol- ignates as of strategic importance to Iran. and ume of its purchases of petroleum from Iran ‘‘(B) EXCEPTION FOR CONSTRUCTION AND EN- ‘‘(BB) is expected to reduce its purchases of or of Iranian origin’’; and GINEERING OF SCHOOLS, HOSPITALS, AND SIMI- petroleum from Iran or of Iranian origin to a (2) in subclause (II), by striking ‘‘crude oil LAR FACILITIES.—For purposes of this sec- de minimis level within a defined period of purchases from Iran’’ and inserting ‘‘pur- tion, a person engaged in the construction or time that is not later than 2 years after such chases of petroleum from Iran or of Iranian engineering of schools, hospitals, or similar date of enactment. origin’’. facilities (as determined by the President) ‘‘(bb) TERMINATION OF EXCEPTION.—If a (b) DEFINITIONS.—Section 1245(h) of the Na- shall not be considered part of a strategic tional Defense Authorization Act for Fiscal country that continues to receive an excep- tion under clause (i) pursuant to item (aa) sector of Iran. Year 2012 (22 U.S.C. 8513a(h)) is amended— ‘‘(C) NOTIFICATION OF STRATEGIC SECTOR (1) by redesignating paragraphs (3) and (4) does not reduce its purchases of petroleum from Iran or of Iranian origin to a de mini- DESIGNATION.—The President shall submit to as paragraphs (5) and (6), respectively; and Congress a notification of the designation of (2) by inserting after paragraph (2) the fol- mis level by the end of the one-year period beginning on the date that is one year after a sector as a strategic sector of Iran for pur- lowing: poses of subparagraph (A)(iii) not later than ‘‘(3) IRANIAN ORIGIN.—The term ‘Iranian or- the date of the enactment of the Nuclear Free Iran Act of 2013, that country shall not 5 days after the date on which the President igin’, with respect to petroleum, means ex- makes the designation.’’. tracted, produced, or refined in Iran. be eligible for such an exception on or after the date that is 2 years after such date of en- (d) ADDITIONAL SANCTIONS WITH RESPECT ‘‘(4) PETROLEUM.—The term ‘petroleum’ in- actment. TO STRATEGIC SECTORS.—Section 1244(d) of cludes crude oil, lease condensates, fuel oils, the Iran Freedom and Counter-Proliferation and other unfinished oils.’’. ‘‘(III) REINSTATEMENT OF ELIGIBILITY FOR EXCEPTION.—A country that becomes ineli- Act of 2012 (22 U.S.C. 8803(d)) is amended— (c) CONFORMING AMENDMENTS.—Section gible for an exception under clause (i) pursu- (1) in paragraph (1)(A), by striking ‘‘the 102(b) of the Iran Threat Reduction and date that is 180 days after the date of the en- Syria Human Rights Act of 2012 (22 U.S.C. ant to subclause (I) or (II) shall be eligible for such an exception in accordance with the actment of this Act’’ and inserting ‘‘the date 8712(b)) is amended— that is 90 days after the date of the enact- (1) in paragraph (3)— provisions of clause (i) on and after the date on which the President determines the coun- ment of the Nuclear Free Iran Act of 2013’’; (A) by striking ‘‘crude oil purchases from (2) in paragraph (2), by striking ‘‘the date Iran’’ and inserting ‘‘purchases of petroleum try has reduced its purchases of petroleum from Iran or of Iranian origin to a de mini- that is 180 days after the date of the enact- from Iran or of Iranian origin’’; and ment of this Act’’ and inserting ‘‘the date (B) by striking ‘‘as amended by section mis level.’’. (c) CONFORMING AMENDMENT.—Section that is 90 days after the date of the enact- 504,’’; and 1245(d)(4)(D)(i) of the National Defense Au- ment of the Nuclear Free Iran Act of 2013’’; (2) in paragraph (4), by striking ‘‘crude oil thorization Act for Fiscal Year 2012 (22 and purchases’’ and inserting ‘‘purchases of pe- U.S.C. 8513a(d)(4)(D)(i)) is amended in the (3) in paragraph (3), by striking ‘‘the en- troleum from Iran or of Iranian origin’’. matter preceding subclause (I) by striking ergy, shipping, or shipbuilding sectors’’ and (d) EFFECTIVE DATE.—The amendments ‘‘Sanctions imposed’’ and inserting ‘‘Except inserting ‘‘a strategic sector’’. made by this section shall apply with respect as provided in clause (iii), sanctions im- (e) SALE, SUPPLY, OR TRANSFER OF CERTAIN to determinations under section posed’’. 1245(d)(4)(D)(i) of the National Defense Au- MATERIALS TO OR FROM IRAN.—Section 1245 SEC. 1253. IMPOSITION OF SANCTIONS WITH RE- of the Iran Freedom and Counter-Prolifera- thorization Act for Fiscal Year 2012 (22 SPECT TO PORTS, SPECIAL ECO- U.S.C. 8513a(d)(4)(D)(i)) on or after the date tion Act of 2012 (22 U.S.C. 8804) is amended— NOMIC ZONES, AND STRATEGIC SEC- (1) in subsection (a)(1)— that is 90 days after the date of the enact- TORS OF IRAN. (A) in the matter preceding subparagraph ment of this Act. (a) FINDINGS.—Section 1244(a)(1) of the Iran Freedom and Counter-Proliferation Act of (A), by striking ‘‘the date that is 180 days SEC. 1252. INELIGIBILITY FOR EXCEPTION TO after the date of the enactment of this Act’’ CERTAIN SANCTIONS FOR COUN- 2012 (22 U.S.C. 8803(a)(1)) is amended by strik- TRIES THAT DO NOT REDUCE PUR- ing ‘‘and shipbuilding’’ and inserting ‘‘ship- and inserting ‘‘the date that is 90 days after CHASES OF PETROLEUM FROM IRAN building, construction, engineering, and the date of the enactment of the Nuclear OR OF IRANIAN ORIGIN TO A DE mining’’. Free Iran Act of 2013’’; and MINIMIS LEVEL. (b) EXPANSION OF DESIGNATION OF ENTITIES (B) in subparagraph (C)(i)(I), by striking (a) STATEMENT OF POLICY.—It is the policy OF PROLIFERATION CONCERN.—Section 1244(b) ‘‘the energy, shipping, or shipbuilding sec- of the United States to seek to ensure that of the Iran Freedom and Counter-Prolifera- tors’’ and inserting ‘‘a strategic sector (as all countries reduce their purchases of crude tion Act of 2012 (22 U.S.C. 8803(b)) is amended defined in section 1244(c)(4))’’; and oil, lease condensates, fuel oils, and other by striking ‘‘in Iran and entities in the en- (2) in subsection (c), by striking ‘‘the date unfinished oils from Iran or of Iranian origin ergy, shipping, and shipbuilding sectors’’ and that is 180 days after the date of the enact- to a de minimis level by the end of the 1-year inserting ‘‘, special economic zones, or free ment of this Act’’ and inserting ‘‘the date period beginning on the date of the enact- economic zones in Iran, and entities in stra- that is 90 days after the date of the enact- ment of this Act. tegic sectors’’. ment of the Nuclear Free Iran Act of 2013’’.

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(f) PROVISION OF INSURANCE TO SANCTIONED tion Act of 2012 (22 U.S.C. 8803(c)(2)) (other ‘‘(4) DOMESTIC FINANCIAL INSTITUTION; FOR- PERSONS.—Section 1246(a)(1) of the Iran Free- than a person described in subparagraph EIGN FINANCIAL INSTITUTION.—The terms ‘do- dom and Counter-Proliferation Act of 2012 (22 (C)(iii) of that subsection). mestic financial institution’ and ‘foreign fi- U.S.C. 8805(a)(1)) is amended— ‘‘(2) PRIMARY JURISDICTION.—For purposes nancial institution’ have the meanings de- (1) in the matter preceding subparagraph of paragraph (1), a country in which a person termined by the Secretary of the Treasury (A), by striking ‘‘the date that is 180 days operates shall be deemed to have primary ju- pursuant to section 104(i) of the Comprehen- after the date of the enactment of this Act’’ risdiction over the person only with respect sive Iran Sanctions, Accountability, and Di- and inserting ‘‘the date that is 90 days after to the operations of the person in that coun- vestment Act of 2010 (22 U.S.C. 8513(i)).’’; and the date of the enactment of the Nuclear try. (3) by inserting after paragraph (6), as re- Free Iran Act of 2013’’; and ‘‘(c) APPLICABILITY.—Subsection (a) shall designated by paragraph (1), the following: (2) in subparagraph (B)(i), by striking ‘‘the apply with respect to a transaction described ‘‘(7) MEDICAL DEVICE.—The term ‘medical energy, shipping, or shipbuilding sectors’’ in subsection (b)(1) conducted or facili- device’ has the meaning given the term ‘de- and inserting ‘‘a strategic sector (as defined tated— vice’ in section 201 of the Federal Food, in section 1244(c)(4))’’. ‘‘(1) on or after the date that is 90 days Drug, and Cosmetic Act (21 U.S.C. 321). (g) CONFORMING AMENDMENTS.—Section after the date of the enactment of the Nu- ‘‘(8) MEDICINE.—The term ‘medicine’ has 1244 of the Iran Freedom and Counter-Pro- clear Free Iran Act of 2013 pursuant to a con- the meaning given the term ‘drug’ in section liferation Act of 2012 (22 U.S.C. 8803), as tract entered into on or after such date of 201 of the Federal Food, Drug, and Cosmetic amended by subsections (a), (b), (c), and (d), enactment; and Act (21 U.S.C. 321).’’. is further amended— ‘‘(2) on or after the date that is 180 days (c) CLERICAL AMENDMENT.—The table of (1) in the section heading, by striking ‘‘THE after such date of enactment pursuant to a contents for the Iran Threat Reduction and ENERGY, SHIPPING, AND SHIPBUILDING’’ and in- contract entered into before such date of en- Syria Human Rights Act of 2012 is amended serting ‘‘CERTAIN PORTS, ECONOMIC ZONES, actment. by striking the items relating to sections AND’’; ‘‘(d) INAPPLICABILITY TO HUMANITARIAN 222, 223, and 224 and inserting the following: (2) in subsection (b), in the subsection TRANSACTIONS.—The President may not im- ‘‘Sec. 222. Imposition of sanctions with re- heading, by striking ‘‘PORTS AND ENTITIES IN pose sanctions under subsection (a) with re- spect to transactions in foreign THE ENERGY, SHIPPING, AND SHIPBUILDING spect to any person for conducting or facili- currencies with certain sanc- SECTORS OF IRAN’’ and inserting ‘‘CERTAIN tating a transaction for the sale of agricul- tioned persons. ENTITIES’’; tural commodities, food, medicine, or med- ‘‘Subtitle C—Other Matters (3) in subsection (c), in the subsection ical devices to Iran or for the provision of heading, by striking ‘‘ENTITIES IN ENERGY, humanitarian assistance to the people of ‘‘Sec. 231. Sense of Congress and rule of con- SHIPPING, AND SHIPBUILDING SECTORS’’ and Iran. struction relating to certain authorities of State and local inserting ‘‘CERTAIN ENTITIES’’; and ‘‘(e) WAIVER.— governments. (4) in subsection (d), in the subsection ‘‘(1) IN GENERAL.—The President may waive ‘‘Sec. 232. Government Accountability Office heading, by striking ‘‘THE ENERGY, SHIPPING, the application of subsection (a) with respect report on foreign entities that AND SHIPBUILDING’’ and inserting ‘‘STRA- to a person for a period of not more than 180 invest in the energy sector of TEGIC’’. days, and may renew that waiver for addi- Iran or export refined petro- SEC. 1254. IMPOSITION OF SANCTIONS WITH RE- tional periods of not more than 180 days, if leum products to Iran. SPECT TO TRANSACTIONS IN FOR- the President— ‘‘Sec. 233. Reporting on the importation to EIGN CURRENCIES WITH OR FOR ‘‘(A) determines that the waiver is impor- and exportation from Iran of CERTAIN SANCTIONED PERSONS. tant to the national interest of the United crude oil and refined petroleum (a) IN GENERAL.—Title II of the Iran Threat States; and products.’’. Reduction and Syria Human Rights Act of ‘‘(B) not less than 15 days after the waiver 2012 (22 U.S.C. 8721 et seq.) is amended— or the renewal of the waiver, as the case may PART II—ENFORCEMENT OF SANCTIONS (1) by inserting after section 221 the fol- be, takes effect, submits a report to the ap- SEC. 1261. SENSE OF CONGRESS ON THE PROVI- lowing: propriate congressional committees on the SION OF SPECIALIZED FINANCIAL ‘‘Subtitle C—Other Matters’’; waiver and the reason for the waiver. MESSAGING SERVICES TO THE CEN- TRAL BANK OF IRAN AND OTHER (2) by redesignating sections 222, 223, and ‘‘(2) FORM OF REPORT.—Each report sub- mitted under paragraph (1)(B) shall be sub- SANCTIONED IRANIAN FINANCIAL 224 as sections 231, 232, and 233, respectively; INSTITUTIONS. mitted in unclassified form but may contain and It is the sense of Congress that— a classified annex. (3) by inserting after section 221 the fol- (1) the President has been engaged in in- EFINITIONS.—In this section: lowing: ‘‘(f) D tensive diplomatic efforts to ensure that ‘‘(1) FINANCIAL INSTITUTION; IRANIAN FINAN- ‘‘SEC. 222. IMPOSITION OF SANCTIONS WITH RE- sanctions against Iran are imposed and CIAL INSTITUTION.—The terms ‘financial in- SPECT TO TRANSACTIONS IN FOR- maintained multilaterally to sharply re- stitution’ and ‘Iranian financial institution’ EIGN CURRENCIES WITH CERTAIN strict the access of the Government of Iran SANCTIONED PERSONS. have the meanings given those terms in sec- to the global financial system; tion 104A(d) of the Comprehensive Iran Sanc- ‘‘(a) IMPOSITION OF SANCTIONS.— (2) the European Union is to be commended tions, Accountability, and Divestment Act of ‘‘(1) IN GENERAL.—The President— for strengthening the multilateral sanctions 2010 (22 U.S.C. 8513b(d)). ‘‘(A) shall prohibit the opening, and pro- regime against Iran by prohibiting all per- ‘‘(2) TRANSACTION.—The term ‘transaction’ hibit or impose strict conditions on the sons subject to the jurisdiction of the Euro- includes a foreign exchange swap, a foreign maintaining, in the United States of a cor- pean Union from providing specialized finan- exchange forward, and any other type of cur- respondent account or a payable-through ac- cial messaging services to the Central Bank rency exchange or conversion or derivative count by a foreign financial institution that of Iran and other sanctioned Iranian finan- instrument.’’. knowingly conducts or facilitates a trans- cial institutions; action described in subsection (b)(1); and (b) ADDITIONAL DEFINITIONS.—Section 2 of (3) in order to continue to sharply restrict ‘‘(B) may impose sanctions pursuant to the the Iran Threat Reduction and Syria Human access by Iran to the global financial system, International Emergency Economic Powers Rights Act (22 U.S.C. 8701) is amended— the President and the European Union must Act (50 U.S.C. 1701 et seq.) with respect to (1) by redesignating paragraphs (2), (3), and continue to expeditiously address any judi- any other person that knowingly conducts or (4) as paragraphs (5), (6), and (9), respec- cial, administrative, or other decisions in facilitates such a transaction. tively; their respective jurisdictions that might ‘‘(2) EXCEPTION.—The authority to impose (2) by striking paragraph (1) and inserting weaken the current multilateral sanctions sanctions under paragraph (1)(B) shall not the following: regime, including decisions regarding the include the authority to impose sanctions on ‘‘(1) ACCOUNT; CORRESPONDENT ACCOUNT; designation of financial institutions and the importation of goods. PAYABLE-THROUGH ACCOUNT.—The terms ‘ac- global specialized financial messaging serv- ‘‘(b) TRANSACTIONS DESCRIBED.— count’, ‘correspondent account’, and ‘pay- ice providers for sanctions; and ‘‘(1) IN GENERAL.—A transaction described able-through account’ have the meanings (4) existing restrictions on the access of in this subsection is a significant trans- given those terms in section 5318A of title 31, Iran to global specialized financial mes- action conducted or facilitated by a person United States Code. saging services should be maintained. related to the currency of a country other ‘‘(2) AGRICULTURAL COMMODITY.—The term than the country with primary jurisdiction ‘agricultural commodity’ has the meaning SEC. 1262. INCLUSION OF TRANSFERS OF GOODS, SERVICES, AND TECHNOLOGIES TO over the person with, for, or on behalf of— given that term in section 102 of the Agricul- STRATEGIC SECTORS OF IRAN FOR ‘‘(A) the Central Bank of Iran or an Iranian tural Trade Act of 1978 (7 U.S.C. 5602). PURPOSES OF IDENTIFYING DES- financial institution designated by the Sec- ‘‘(3) APPROPRIATE CONGRESSIONAL COMMIT- TINATIONS OF DIVERSION CON- retary of the Treasury for the imposition of TEES.—The term ‘appropriate congressional CERN. sanctions pursuant to the International committees’ has the meaning given that (a) IN GENERAL.—Section 302(b) of the Com- Emergency Economic Powers Act; or term in section 14 of the Iran Sanctions Act prehensive Iran Sanctions, Accountability, ‘‘(B) a person described in section 1244(c)(2) of 1996 (Public Law 104–172; 50 U.S.C. 1701 and Divestment Act of 2010 (22 U.S.C. 8542(b)) of the Iran Freedom and Counter-Prolifera- note). is amended—

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.063 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8518 CONGRESSIONAL RECORD — SENATE November 21, 2013 (1) in paragraph (1)(C)(ii), by striking ‘‘; (1) in subsection (c), in the subsection (H) the suspension of sanctions is vital to or’’ and inserting a semicolon; heading, by striking ‘‘LICENSING REQUIRE- the national security interest of the United (2) in paragraph (2), by striking the period MENT’’ and inserting ‘‘LICENSING AND OTHER States. at the end and inserting ‘‘; or’’; and MEASURES’’; and (2) RENEWAL OF SUSPENSION.—The Presi- (3) by adding at the end the following: (2) in subsection (d)— dent may renew a suspension of sanctions ‘‘(3) that will be sold, transferred, or other- (A) in paragraph (1), by striking ‘‘sub- under paragraph (1) for 2 additional periods wise made available to a strategic sector of section (c)’’ and inserting ‘‘subsection of not more than 30 days if the President Iran.’’. (c)(1)’’; submits to the appropriate congressional (b) STRATEGIC SECTOR DEFINED.—Section (B) in paragraph (2), by striking ‘‘sub- committees— 301 of the Comprehensive Iran Sanctions, Ac- section (c)’’ and inserting ‘‘subsection (A) a new certification under that para- countability, and Divestment Act of 2010 (22 (c)(1)’’; and graph; and U.S.C. 8541) is amended— (C) in paragraph (3), by striking ‘‘is it’’ and (B) a certification that a final agreement (1) by redesignating paragraph (14) as para- inserting ‘‘it is’’. or arrangement with Iran to verifiably ter- graph (15); and SEC. 1264. INCREASED STAFFING FOR AGENCIES minate its illicit nuclear program and re- (2) by inserting after paragraph (13) the fol- INVOLVED IN THE IMPLEMENTA- lated weaponization activities is imminent. lowing: TION AND ENFORCEMENT OF SANC- TIONS AGAINST IRAN. (b) SUSPENSION FOR A FINAL AGREEMENT OR ‘‘(14) STRATEGIC SECTOR.—The term ‘stra- ARRANGEMENT.— tegic sector’ has the meaning given that (a) INCREASED STAFF.— (1) IN GENERAL.—Unless a joint resolution term in section 1244(c)(4) of the Iran Freedom (1) DEPARTMENT OF THE TREASURY.—The Secretary of the Treasury may increase by 20 of disapproval is enacted pursuant to para- and Counter-Proliferation Act of 2012.’’. graph (2), the President may suspend the ap- (c) SUBMISSION OF REPORT.—Section 302(a) the number of employees of the Office of plication of sanctions imposed under this of the Comprehensive Iran Sanctions, Ac- Foreign Assets Control dedicated to the im- subtitle or amendments made by this sub- countability, and Divestment Act of 2010 (22 plementation and enforcement of sanctions title for an indefinite period of time if the U.S.C. 8542(a)) is amended by striking ‘‘180 with respect to Iran relative to the number President certifies to the appropriate con- days after the date of the enactment of this of such employees on the day before the date gressional committees that the United Act’’ and inserting ‘‘90 days after the date of of the enactment of this Act. the enactment of the Nuclear Free Iran Act (2) DEPARTMENT OF STATE.—The Secretary States and its allies have reached a final and of 2013’’. of State may increase by 20 the number of verifiable agreement or arrangement with Iran that will— SEC. 1263. AUTHORIZATION OF ADDITIONAL employees of the Department of State dedi- MEASURES WITH RESPECT TO DES- cated to the implementation and enforce- (A) prevent Iran from achieving a nuclear TINATIONS OF DIVERSION CON- ment of sanctions with respect to Iran rel- weapons capability; and CERN. ative to the number of such employees on (B) provide for the detection of any at- (a) IN GENERAL.—Section 303(c) of the Com- the day before the date of the enactment of tempt by Iran to reinstate or advance its nu- prehensive Iran Sanctions, Accountability, this Act. clear weapons program. and Divestment Act of 2010 (22 U.S.C. 8543(c)) (b) AUTHORIZATION OF APPROPRIATIONS.— (2) JOINT RESOLUTION OF DISAPPROVAL.— is amended— There are authorized to be appropriated such (A) IN GENERAL.—In this paragraph, the (1) by striking ‘‘Not later than’’ and insert- sums as are necessary to carry out sub- term ‘‘joint resolution of disapproval’’ means ing the following: section (a). only a joint resolution of the 2 Houses of ‘‘(1) LICENSING REQUIREMENT.—Not later PART III—IMPLEMENTATION OF NEW Congress, the sole matter after the resolving than’’; and SANCTIONS clause of which is as follows: ‘‘That Congress (2) by adding at the end the following SEC. 1271. SUSPENSION OF SANCTIONS TO FA- disapproves of the suspension of sanctions ‘‘(2) ADDITIONAL MEASURES.—The President CILITATE A DIPLOMATIC SOLUTION. imposed with respect to Iran pursuant to the may— (a) SUSPENSION OF SANCTIONS AFTER certification of the President submitted to ‘‘(A) impose restrictions on United States REACHING AN INTERIM AGREEMENT OR AR- Congress on llllll under section foreign assistance or measures authorized RANGEMENT.— 1261(b)(1) of the Nuclear Free Iran Act of under the International Emergency Eco- (1) IN GENERAL.—The President may sus- 2013.’’, with the blank space being filled with nomic Powers Act (50 U.S.C. 1701 et seq.) pend the application of sanctions imposed the appropriate date. with respect to a country designated as a under this subtitle or amendments made by (B) PROCEDURES FOR CONSIDERING RESOLU- Destination of Diversion Concern under sub- this subtitle (other than sanctions imposed TIONS.— section (a) if the President determines that pursuant to the amendments made by sec- (i) INTRODUCTION.—A joint resolution of those restrictions or measures would prevent tions 1262 and 1263) for not more than 180 disapproval— the diversion of goods, services, and tech- days after the date of the enactment of this (I) may be introduced in the House of Rep- nologies described in section 302(b) to Ira- Act if the President certifies to the appro- resentatives or the Senate during the 15-day nian end-users or Iranian intermediaries; or priate congressional committees every 30 period beginning on the date on which the ‘‘(B) prohibit the issuance of a license days that— President submits a certification under para- under section 38 of the Arms Export Control (A) the United States and its allies have graph (1) to the appropriate congressional Act (22 U.S.C. 2778) for the export to such a reached a verifiable interim agreement or ar- committees; country of a defense article or defense serv- rangement with Iran toward the termination (II) in the House of Representatives, may ice for which a notification to Congress of its illicit nuclear activities and related be introduced by the Speaker or the minor- would be required under section 36(b) of that weaponization activities; ity leader or a Member of the House des- Act (22 U.S.C. 2776(b)). (B) the steps being taken by Iran pursuant ignated by the Speaker or minority leader; ‘‘(3) EXCEPTION.—The authority under to the interim agreement or arrangement (III) in the Senate, may be introduced by paragraph (1)(A) to impose measures author- are transparent and verifiable; the majority leader or minority leader of the ized under the International Emergency Eco- (C) any suspension or relief of sanctions Senate or a Member of the Senate designated nomic Powers Act shall not include the au- provided to Iran pursuant to the interim by the majority leader or minority leader; thority to impose sanctions on the importa- agreement or arrangement is temporary, re- and tion of goods. versible, and proportionate to steps taken by (IV) may not be amended. ‘‘(4) REPORT REQUIRED.—Not later than 90 Iran with respect to its illicit nuclear pro- (ii) REFERRAL TO COMMITTEES.—A joint res- days after the date of the enactment of the gram; olution of disapproval introduced in the Sen- Nuclear Free Iran Act of 2013, and every 90 (D) Iran has not breached the terms of or ate shall be referred to the Committee on days thereafter, the President shall submit any commitment made pursuant to the in- Banking, Housing, and Urban Affairs and a to the appropriate congressional committees terim agreement or arrangement; joint resolution of disapproval in the House a report— (E) Iran is proactively engaged in negotia- of Representatives shall be referred to the ‘‘(A) identifying countries that have al- tions toward a final agreement or arrange- Committee on Foreign Affairs. lowed the diversion through the country of ment to terminate its illicit nuclear activi- (iii) COMMITTEE DISCHARGE AND FLOOR CON- goods, services, or technologies described in ties and related weaponization activities; SIDERATION.—The provisions of subsections section 302(b) to Iranian end-users or Iranian (F) the United States is working toward a (c) through (f) of section 152 of the Trade Act intermediaries during the 180-day period pre- final agreement or arrangement that will of 1974 (19 U.S.C. 2192) (relating to committee ceding the submission of the report; dismantle Iran’s nuclear infrastructure in a discharge and floor consideration of certain ‘‘(B) identifying the persons that engaged manner that will ensure that Iran is incapa- resolutions in the House of Representatives in such diversion during that period; and ble of obtaining a nuclear weapons capa- and the Senate) apply to a joint resolution of ‘‘(C) describing the activities relating to bility and that permits daily verification, disapproval under this subsection to the diversion in which those countries and per- monitoring, and inspections of suspect facili- same extent that such subsections apply to sons engaged.’’. ties in Iran; joint resolutions under such section 152, ex- (b) CONFORMING AMENDMENTS.—Section 303 (G) Iran has not directly, or through a cept that— of the Comprehensive Iran Sanctions, Ac- proxy, supported, financed, or otherwise car- (I) subsection (c)(1) shall be applied and ad- countability, and Divestment Act of 2010 (22 ried out an act of international terrorism ministered by substituting ‘‘10 days’’ for ‘‘30 U.S.C. 8543) is amended— against the United States; and days’’; and

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(II) subsection (f)(1)(A)(i) shall be applied (i) any fine or monetary penalty assessed, (1) NOTIFICATION.—The Secretary of State and administered by substituting ‘‘Com- in whole or in part, on a person for a viola- shall notify, in a reasonable manner, each in- mittee on Banking, Housing, and Urban Af- tion of a law or regulation specified in sub- dividual qualified to receive a payment fairs’’ for ‘‘Committee on Finance’’. paragraph (B) related to activities under- under subsection (c) of the status of the indi- (C) RULES OF THE HOUSE OF REPRESENTA- taken on or after the date of the enactment vidual’s claim for such a payment. TIVES AND SENATE.—This subsection is en- of this Act; or (2) SUBMISSION OF ADDITIONAL INFORMA- acted by Congress— (ii) the monetary amount of a settlement TION.—If the claim of an individual to receive (i) as an exercise of the rulemaking power entered into by a person with respect to a a payment under subsection (c) is denied, or of the Senate and the House of Representa- suspected violation of a law or regulation is approved for payment of less than the full tives, respectively, and as such is deemed a specified in subparagraph (B) related to ac- amount of the claim, the individual shall be part of the rules of each House, respectively, tivities undertaken on or after such date of entitled to submit to the Secretary addi- but applicable only with respect to the pro- enactment. tional information with respect to the claim. cedure to be followed in that House in the (B) LAWS AND REGULATIONS SPECIFIED.—A Upon receipt and consideration of that infor- case of a joint resolution, and it supersedes law or regulation specified in this subpara- mation, the Secretary may affirm, modify, other rules only to the extent that it is in- graph is any law or regulation that provides or revise the former action of the Secretary consistent with such rules; and for a civil or criminal fine or other monetary with respect to the claim. (ii) with full recognition of the constitu- penalty for any economic activity relating (3) LIMITATION ON REVIEW.—The actions of tional right of either House to change the to Iran that is administered by the Depart- the Secretary in identifying qualifying rules (so far as relating to the procedure of ment of the Treasury, the Department of claimants and in disbursing amounts from that House) at any time, in the same manner Justice, or the Department of Commerce. the Fund shall be final and conclusive on all and to the same extent as in the case of any (C) TERMINATION OF DEPOSITS.—The imposi- questions of law and fact and shall not be other rule of that House. tion of the surcharge under subparagraph (A) subject to review by any other official, agen- (c) APPROPRIATE CONGRESSIONAL COMMIT- shall terminate on the date on which all cy, or establishment of the United States or TEES DEFINED.—In this section, the term amounts described in subsection (c)(2) have by any court by mandamus or otherwise. ‘‘appropriate congressional committees’’ has been distributed to all recipients described (f) DEPOSIT OF REMAINING FUNDS INTO THE the meaning given that term in section 14 of in that subsection. TREASURY.— the Iran Sanctions Act of 1996 (Public Law (2) DEPOSITS INTO FUND; AVAILABILITY OF (1) IN GENERAL.—Any amounts remaining 104–172; 50 U.S.C. 1701 note). AMOUNTS.— in the Fund after the date specified in para- graph (2) shall be deposited in the general PART IV—GENERAL PROVISIONS (A) DEPOSITS.—All surcharges collected pursuant to paragraph (1)(A) shall be depos- fund of the Treasury. SEC. 1281. EXCEPTION FOR AFGHANISTAN RE- ited into the Fund. (2) DATE SPECIFIED.—The date specified in CONSTRUCTION. (B) PAYMENT OF SURCHARGE.—A person on this paragraph is the later of— The President may provide for an excep- whom a surcharge is imposed under para- (A) the date on which all amounts de- tion from the imposition of sanctions under graph (1)(A) shall pay the surcharge to the scribed in subsection (c)(2) have been made the provisions of or amendments made by Fund without regard to whether the fine, to all recipients described in that subsection; this subtitle for reconstruction assistance or penalty, or settlement to which the sur- or economic development for Afghanistan— charge applies— (B) the date that is 5 years after the date (1) to the extent that the President deter- (i) is paid directly to the Federal agency of the enactment of this Act. mines that such an exception is in the na- that administers the relevant law or regula- (g) REPORT TO CONGRESS.—Not later than tional interest of the United States; and tion specified in paragraph (1)(B); or one year after the date of the enactment of (2) if, not later than 15 days before issuing (ii) is deemed satisfied by a payment to an- this Act, and annually thereafter until the the exception, the President submits a noti- other Federal agency. date specified in subsection (f)(2), the Sec- fication of and justification for the exception (C) CONTRIBUTIONS.—The Secretary of retary of State shall submit to the appro- to the appropriate congressional committees State is authorized to accept such amounts priate congressional committees a report on (as defined in section 14 of the Iran Sanc- as may be contributed by individuals, busi- the status of the Fund, including— tions Act of 1996 (Public Law 104–172; 50 ness concerns, foreign governments, or other (1) the amounts and sources of money de- U.S.C. 1701 note)). entities for payments under this Act. Such posited into the Fund; SEC. 1282. APPLICABILITY TO CERTAIN INTEL- amounts shall be deposited directly into the (2) the rules and processes established to LIGENCE ACTIVITIES. Fund. administer the Fund; and Nothing in this subtitle or the amend- (3) the distribution of payments from the (D) AVAILABILITY OF AMOUNTS IN FUND.— ments made by this subtitle shall apply to Amounts in the Fund shall be available, Fund. (h) DEFINITIONS.—In this section: the authorized intelligence activities of the without further appropriation, to make pay- (1) APPROPRIATE CONGRESSIONAL COMMIT- United States. ments under subsection (c). TEES.—The term ‘‘appropriate congressional SEC. 1283. APPLICABILITY TO CERTAIN NATURAL (c) DISTRIBUTION OF FUNDS.— GAS PROJECTS. committees’’ means— (1) ADMINISTRATION OF FUND.—Payments Nothing in this subtitle or any amendment (A) the Committee on Foreign Relations from the Fund shall be administered by the and the Committee on Banking, Housing, made by this subtitle shall be construed to Secretary of State, pursuant to such rules apply with respect to any activity relating and Urban Affairs of the Senate; and and processes as the Secretary, in the Sec- (B) the Committee on Foreign Affairs and to a project described in subsection (a) of retary’s sole discretion, may establish. section 603 of the Iran Threat Reduction and the Committee on Financial Services of the (2) PAYMENTS.—Subject to paragraphs (3) House of Representatives. Syria Human Rights Act of 2012 (22 U.S.C. and (4), payments shall be made from the (2) PERSON.—The term ‘‘person’’ includes 8783) to which the exception under that sec- Fund to the following recipients in the fol- tion applies at the time of the activity. any individual or entity subject to the civil lowing amounts: or criminal jurisdiction of the United States. SEC. 1284. RULE OF CONSTRUCTION WITH RE- (A) To each living former hostage, $150,000, SPECT TO THE USE OF FORCE SEC. 1292. CATEGORIES OF ALIENS FOR PUR- plus $5,000 for each day of captivity of the POSES OF REFUGEE DETERMINA- AGAINST IRAN. former hostage. Nothing in this subtitle or the amend- TIONS. (B) To the estate of each deceased former The Foreign Operations, Export Financing, ments made by this subtitle shall be con- hostage, $150,000, plus $5,000 for each day of and Related Programs Appropriations Act, strued as a declaration of war or an author- captivity of the former hostage. 1990 (Public Law 101–167) is amended— ization of the use of force against Iran. (3) PRIORITY.—Payments from the Fund (1) in section 599D (8 U.S.C. 1157 note)— Subtitle E—Other Matters shall be distributed under paragraph (2) in (A) in subsection (b), by striking paragraph SEC. 1291. AMERICAN HOSTAGES IN IRAN COM- the following order: (3); and PENSATION FUND. (A) First, to each living former hostage de- (B) in subsection (e)— (a) ESTABLISHMENT.—There is established scribed in paragraph (2)(A). (i) in paragraph (1), by striking ‘‘and shall in the Treasury a fund, to be known as the (B) Second, to the estate of each deceased only apply to applications for refugee status ‘‘American Hostages in Iran Compensation former hostage described in paragraph (2)(B). submitted before October 1, 2013’’ and insert- Fund’’ (in this section referred to as the (4) CONSENT OF RECIPIENT.—A payment to a ing ‘‘and shall apply to all applications for ‘‘Fund’’) for the purpose of making payments recipient from the Fund under paragraph (2) refugee status submitted after October 1, to the 52 Americans held hostage in the shall be made only after receiving the con- 2013’’; United States embassy in Tehran, Iran, be- sent of the recipient. (ii) in paragraph (2), by striking ‘‘and be- tween November 3, 1979, and January 20, 1981 (d) WAIVER.—A recipient of a payment fore October 1, 2013’’; and (in this section referred to as the ‘‘former under subsection (c) shall waive and forever (iii) in paragraph (3), by striking ‘‘and hostages’’). release all existing claims against Iran and shall apply only to reapplications for refugee (b) FUNDING.— the United States arising out of the events status submitted before October 1, 2013’’; and (1) IMPOSITION OF SURCHARGE.— described in subsection (a). (2) in section 599E(b)(2) (8 U.S.C. 1255 note), (A) IN GENERAL.—There is imposed a sur- (e) NOTIFICATION OF CLAIMANTS; LIMITATION by striking ‘‘during the period beginning on charge equal to 30 percent of the amount of— ON REVIEW.— August 15, 1988, and ending on September 30,

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.063 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8520 CONGRESSIONAL RECORD — SENATE November 21, 2013 2013, after being denied refugee status’’ and tion, or the application of a provision or (iv) qualifies as a HUBZone under subpara- inserting ‘‘after August 15, 1998, after being amendment to any person or circumstance, graph (A), (B), (C), or (D) of section 3(p)(1) of denied refugee status’’. is held to be invalid, the remainder of this the Small Business Act (15 U.S.C. 632(p)(1)). SEC. 1293. ANTITERRORISM AMENDMENTS TO section and the amendments made by this (2) QUALIFIED HUBZONE SMALL BUSINESS TITLE 18. section, and the application of the provisions CONCERNS.—A HUBZone small business con- (a) IN GENERAL.—Title 18 of the United and amendments to any other person not cern shall be qualified for purposes of the States Code is amended— similarly situated or to other circumstances, Small Business Act (15 U.S.C. 631 et seq.) if (1) in section 2333— shall not be affected by the holding. the HUBZone small business concern has cer- (A) in subsection (a), by striking ‘‘national (c) EFFECTIVE DATE.—The amendments tified in writing to the Administrator (or the of the United States’’ and inserting ‘‘per- made by this section shall apply to any Administrator otherwise determines, based son’’; and claim in any case pending on the date of the on information submitted to the Adminis- (B) by inserting at the end the following: enactment of this section arising from an act trator by the HUBZone small business con- ‘‘(d) LIABILITY.—In an action arising under of international terrorism, whether under cern, or based on certification procedures, subsection (a), liability may be asserted as section 2333(a) of title 18, United States which shall be established by the Adminis- to the person or persons who committed such Code, or any other civil damages provision, tration by regulation) that— and to any claim in any case commenced on act of international terrorism or any person (A) it is a HUBZone small business concern or after such date of enactment, resulting or entity that aided, abetted, or conspired pursuant to subparagraph (A), (B), (C), (D), from an act of international terrorism. with the person or persons who committed or (E) of section 3(p)(3) of the Small Business such an act of international terrorism.’’; SA 2524. Mr. KING (for himself and Act (15 U.S.C. 632(p)(3)); (2) in section 2334, by inserting at the end (B) its principal office is located in a cov- Ms. COLLINS) submitted an amendment the following: ered HUBZone area; and ‘‘(e) JURISDICTION.—The district courts intended to be proposed by him to the (C) not fewer than 35 percent of its employ- shall have personal jurisdiction, to the max- bill S. 1197, to authorize appropriations ees reside in— imum extent permissible under the 5th for fiscal year 2014 for military activi- (i) a HUBZone; Amendment to the Constitution, over any ties of the Department of Defense, for (ii) the census tract in which the covered person who commits, aids, and abets an act military construction, and for defense HUBZone area is wholly contained; of international terrorism, or provides mate- activities of the Department of Energy, (iii) a census tract the boundaries of which rial support or resources as set forth in sec- intersect the boundaries of the covered tion 2339A, 2339B, or 2339C of this title, for to prescribe military personnel HUBZone area; or acts of international terrorism in which any strengths for such fiscal year, and for (iv) a census tract the boundaries of which person suffers injury in his or her person, other purposes; which was ordered to are contiguous to a census tract described in property, or business by reason of such an lie on the table; as follows: clause (ii) or (iii). act in violation of section 2333. At the end of subtitle H of title X, add the ‘‘(f) EXTRATERRITORIAL JURISDICTION.— following: There is extraterritorial Federal jurisdiction SA 2525. Mr. COCHRAN submitted an SEC. 1082. HUBZONES. amendment intended to be proposed by over any civil action brought under section (a) IN GENERAL.—Section 3(p)(5)(A)(i)(I) of 2333 of this title.’’; the Small Business Act (15 U.S.C. him to the bill S. 1197, to authorize ap- (3) in section 2337— 632(p)(5)(A)(i)(I)) is amended— propriations for fiscal year 2014 for (A) in paragraph (1), by striking ‘‘or’’ ; (1) in item (aa), by striking ‘‘or’’ at the military activities of the Department (B) in paragraph (2), by striking the period end; of Defense, for military construction, and inserting ‘‘; or’’; and (2) by redesignating item (bb) as item (cc); and for defense activities of the De- (C) by inserting at the end the following: and partment of Energy, to prescribe mili- ‘‘(3) a person providing any substantial (3) by inserting after item (aa) the fol- tary personnel strengths for such fiscal support or assistance to any person or entity lowing: referred to in paragraphs (1) and (2) unless ‘‘(bb) pursuant to subparagraph (A), (B), year, and for other purposes; which was such foreign state, foreign agency, or an offi- (C), (D), or (E) of paragraph (3), that its prin- ordered to lie on the table; as follows: cer or employee of foreign government has cipal office is located in a HUBZone de- Insert after section 4 the following: been designated as a state sponsor of ter- scribed in paragraph (1)(E) (relating to base SEC. 5. EFFECTIVE DATE. rorism under section 6(j) of the Export Ad- closure areas) (in this item referred to as the This Act shall take effect on the day after ministration Act of 1979 (50 U.S.C. App. ‘base closure HUBZone’), and that not fewer the date of the enactment of this Act. 24505(j)) or by reason of an Executive Order than 35 percent of its employees reside in— or through designation by an executive agen- ‘‘(AA) a HUBZone; SA 2526. Mr. REID submitted an cy of the United States.’’; ‘‘(BB) the census tract in which the base amendment intended to be proposed by (4) in section 2339C(a)(1), by striking sub- closure HUBZone is wholly contained; paragraph (A) and inserting the following: ‘‘(CC) a census tract the boundaries of him to the bill S. 1197, to authorize ap- ‘‘(A) an act which constitutes an act of which intersect the boundaries of the base propriations for fiscal year 2014 for international terrorism or an offense within closure HUBZone; or military activities of the Department the scope of a treaty specified in subsection ‘‘(DD) a census tract the boundaries of of Defense, for military construction, (e)(7), as implemented by the United States, which are contiguous to a census tract de- and for defense activities of the De- or’’; and scribed in subitem (BB) or (CC); or’’. partment of Energy, to prescribe mili- (5) in section 2331, by striking paragraph (b) BASE CLOSURE AREAS.— tary personnel strengths for such fiscal (1) DEFINITION.—In this subsection— (4) and inserting the following: year, and for other purposes; which was ‘‘(4) the term ‘‘act of war’’— (A) the terms ‘‘Administration’’ and ‘‘Ad- ‘‘(A) means any act occurring in the course ministrator’’ mean the Small Business Ad- ordered to lie on the table; as follows: of— ministration and the Administrator thereof, At the end of subtitle D of title V, add the ‘‘(i) declared war; respectively; following: ‘‘(ii) armed conflict, whether or not war (B) the terms ‘‘base closure area’’, SEC. ll. EXCLUSION OF DISCHARGE OF STU- has been declared, between two or more na- ‘‘HUBZone’’, and ‘‘HUBZone small business DENT LOANS FOR VETERANS WITH tions; or concern’’ have the meanings given those SERVICE-CONNECTED CONDITIONS. ‘‘(iii) armed conflict between military terms under section 3(p) of the Small Busi- (a) IN GENERAL.—Paragraph (1) of section forces of any origin; and ness Act (15 U.S.C. 632(p)); and 108(f) of the Internal Revenue Code of 1986 is ‘‘(B) does not include any act committed (C) the term ‘‘covered HUBZone area’’ amended by striking ‘‘discharge (in whole or by a foreign terrorist organization, as de- means an area that— in part) of’’ and all that follows and insert- fined under section 219 of the Immigration (i) is a base closure area; ing ‘‘discharge (in whole or in part) of— and Nationality Act, or any agent of a For- (ii) on or after the date of enactment of ‘‘(A) any student loan if such discharge eign Terrorist Organization as defined in this Act is treated as a HUBZone for pur- was pursuant to a provision of such loan part 597.301 of title 31, Code of Federal Regu- poses of the Small Business Act (15 U.S.C. 631 under which all or part of the indebtedness lation, of the Foreign Terrorist Organiza- et seq.) pursuant to— of the individual would be discharged if the tions Sanctions Regulations, or any act com- (I) section 152(a)(2) of title I of division K individual worked for a certain period of mitted by an agent of a state sponsor of ter- of the Consolidated Appropriations Act, 2005 time in certain professions for any of a broad rorism as such term is defined by section 6(j) (15 U.S.C. 632 note); or class of employers, of the Export Administration Act (50 U.S.C. (II) section 1698(b) of National Defense Au- ‘‘(B) any loan made, insured, or guaranteed 2405(j)), section 40(d) of the Arms Export thorization Act for Fiscal Year 2013 (15 under part B or D of title IV of the Higher Control Act (22 U.S.C. 2780(d)), and section U.S.C. 632 note); Education Act of 1965, if such discharge was 620A of the Foreign Assistance Act (22 U.S.C. (iii) after the date of enactment of this pursuant section 437(a) of such Act and due 2371); and’’. Act, ceases to be treated as a HUBZone to a determination by the Secretary of Vet- (b) SEVERABILITY.—If any provision of this under the applicable provision of law de- erans Affairs that the borrower is unemploy- section or any amendment made by this sec- scribed in clause (ii); and able due to a service-connected condition,

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.063 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8521 ‘‘(C) any loan made, insured, or guaranteed amended by striking ‘‘discharge (in whole or National Defense Authorization Act for Fis- under part E of title IV of the Higher Edu- in part) of’’ and all that follows and insert- cal Year 2014, and annually thereafter, the cation Act of 1965, if such discharge was pur- ing ‘‘discharge (in whole or in part) of— Administrator of the Energy Information suant to section 464(c)(1)(F)(iv) of such Act, ‘‘(A) any student loan if such discharge Administration, in consultation with the or was pursuant to a provision of such loan Secretary of the Treasury, the Secretary of ‘‘(D) any obligation arising under subpart 9 under which all or part of the indebtedness State, and the Director of National Intel- of part A of title IV of the Higher Education of the individual would be discharged if the ligence, shall submit to Congress a report Act of 1965, if such discharge was pursuant to individual worked for a certain period of that includes— section 420N(d)(2) of such Act and due to a time in certain professions for any of a broad ‘‘(i) an assessment of exports of natural gas determination by the Secretary of Veterans class of employers, from Iran during the year preceding the sub- Affairs that the borrower is unemployable ‘‘(B) any loan made, insured, or guaranteed mission of the report; due to a service-connected condition.’’. under part B or D of title IV of the Higher ‘‘(ii) an identification of the countries that (b) EFFECTIVE DATE.—The amendment Education Act of 1965, if such discharge was imported natural gas produced in Iran during made by this section shall apply to dis- pursuant section 437(a) of such Act and due that year; charges of loans after December 31, 2013. to a determination by the Secretary of Vet- ‘‘(iii) for each such country— erans Affairs that the borrower is unemploy- ‘‘(I) an assessment of the volume of natural SA 2527. Mr. REID submitted an able due to a service-connected condition, gas produced in Iran imported by that coun- amendment intended to be proposed by ‘‘(C) any loan made, insured, or guaranteed try during each month during the 2-year pe- him to the bill S. 1197, to authorize ap- under part E of title IV of the Higher Edu- riod preceding the submission of the report; propriations for fiscal year 2014 for cation Act of 1965, if such discharge was pur- ‘‘(II) an identification of the highest vol- military activities of the Department suant to section 464(c)(1)(F)(iv) of such Act, ume of natural gas produced in Iran im- of Defense, for military construction, or ported by that country during any such ‘‘(D) any obligation arising under subpart 9 month; and and for defense activities of the De- of part A of title IV of the Higher Education ‘‘(III) an assessment of alternative supplies partment of Energy, to prescribe mili- Act of 1965, if such discharge was pursuant to of natural gas available to that country; tary personnel strengths for such fiscal section 420N(d)(2) of such Act and due to a ‘‘(iv) an assessment of the impact a reduc- year, and for other purposes; which was determination by the Secretary of Veterans tion in exports of natural gas from Iran ordered to lie on the table; as follows: Affairs that the borrower is unemployable would have on global natural gas supplies At the end of subtitle D of title V, add the due to a service-connected condition.’’. and the price of natural gas, especially in following: (b) EFFECTIVE DATE.—The amendment countries identified under clause (ii); and made by this section shall apply to dis- SEC. ll. EXCLUSION OF DISCHARGE OF STU- ‘‘(v) such other information as the Admin- DENT LOANS FOR VETERANS WITH charges of loans after December 31, 2013. istrator considers appropriate. SERVICE-CONNECTED CONDITIONS. ‘‘(C) EXCEPTION.—Nothing in this para- (a) IN GENERAL.—Paragraph (1) of section SA 2529. Ms. COLLINS submitted an graph shall apply with respect to any activ- 108(f) of the Internal Revenue Code of 1986 is amendment intended to be proposed by ity relating to a project described in sub- amended by striking ‘‘discharge (in whole or her to the bill S. 1197, to authorize ap- section (a) of section 603 of the Iran Threat in part) of’’ and all that follows and insert- propriations for fiscal year 2014 for Reduction and Syria Human Rights Act of ing ‘‘discharge (in whole or in part) of— military activities of the Department 2012 (22 U.S.C. 8783) to which the exception ‘‘(A) any student loan if such discharge of Defense, for military construction, under that section applies at the time of the activity.’’. was pursuant to a provision of such loan and for defense activities of the De- under which all or part of the indebtedness of the individual would be discharged if the partment of Energy, to prescribe mili- SA 2530. Mr. CORNYN submitted an individual worked for a certain period of tary personnel strengths for such fiscal amendment intended to be proposed by time in certain professions for any of a broad year, and for other purposes; which was him to the bill S. 1197, to authorize ap- class of employers, ordered to lie on the table; as follows: propriations for fiscal year 2014 for ‘‘(B) any loan made, insured, or guaranteed At the end of title XII, add the following: military activities of the Department under part B or D of title IV of the Higher Subtitle D—Iran Sanctions of Defense, for military construction, Education Act of 1965, if such discharge was SEC. 1241. IMPOSITION OF SANCTIONS WITH RE- pursuant section 437(a) of such Act and due and for defense activities of the De- SPECT TO THE SALE, SUPPLY, AND partment of Energy, to prescribe mili- to a determination by the Secretary of Vet- TRANSFER OF NATURAL GAS PRO- erans Affairs that the borrower is unemploy- DUCED IN IRAN. tary personnel strengths for such fiscal able due to a service-connected condition, Section 5(a) of the Iran Sanctions Act of year, and for other purposes; which was ‘‘(C) any loan made, insured, or guaranteed 1996 (Public Law 104–172; 50 U.S.C. 1701 note) ordered to lie on the table; as follows: under part E of title IV of the Higher Edu- is amended— On page 411, line 7, insert ‘‘or subcontract’’ cation Act of 1965, if such discharge was pur- (1) by redesignating paragraph (9) as para- after ‘‘contract’’. suant to section 464(c)(1)(F)(iv) of such Act, graph (10); and On page 411, beginning on line 12, strike ‘‘if or (2) by inserting after paragraph (8) the fol- the Secretary’’ and all that follows through ‘‘(D) any obligation arising under subpart 9 lowing: line 13 and insert ‘‘if the Secretary— of part A of title IV of the Higher Education ‘‘(9) SALE, SUPPLY, AND TRANSFER OF NAT- (1) determines that— Act of 1965, if such discharge was pursuant to URAL GAS PRODUCED IN IRAN.— (A) an action described in subsection (a) is section 420N(d)(2) of such Act and due to a ‘‘(A) IN GENERAL.—Except as provided in necessary to meet a valid military require- determination by the Secretary of Veterans subparagraph (C) and subsection (f), the ment; and Affairs that the borrower is unemployable President shall impose 5 or more of the sanc- (B) there is no feasible alternative to due to a service-connected condition.’’. tions described in section 6(a) with respect to Rosoboronexport for meeting such require- (b) EFFECTIVE DATE.—The amendment a person if the President determines that the ment; or made by this section shall apply to dis- person knowingly, on or after the date that (2) in consultation with the Secretary of charges of loans after December 31, 2013. is 180 days after the date of the enactment of State and the Director of National Intel- the National Defense Authorization Act for ligence, certifies in writing to the congres- SA 2528. Mr. REID submitted an Fiscal Year 2014, conducts or facilitates a sional defense committees that, to the best amendment intended to be proposed by significant financial transaction for the sale, of the Secretary’s knowledge, him to the bill S. 1197, to authorize ap- supply, or transfer of natural gas produced in Rosoboronexport has ceased the transfer of propriations for fiscal year 2014 for Iran to a country that— lethal military equipment to the govern- military activities of the Department ‘‘(i) begins importing natural gas produced ment of the Syrian Arab Republic. of Defense, for military construction, in Iran after such date of enactment; or On page 412, between lines 7 and 8, insert and for defense activities of the De- ‘‘(ii) during any month that begins on or the following: after the date that is 60 days after such date (d) DEPARTMENT OF DEFENSE INSPECTOR partment of Energy, to prescribe mili- of enactment, imports natural gas produced GENERAL REVIEW.— tary personnel strengths for such fiscal in Iran in a volume that exceeds the volume (1) IN GENERAL.—The Inspector General of year, and for other purposes; which was of such natural gas identified under clause the Department of Defense shall conduct a ordered to lie on the table; as follows: (iii)(II) of subparagraph (B) in the most re- review of any action involving At the end of subtitle D of title V, add the cent report submitted under that subpara- Rosoboronexport in which a waiver is issued following: graph as the highest volume of natural gas by the Secretary of Defense pursuant to sub- SEC. ll. EXCLUSION OF DISCHARGE OF STU- produced in Iran imported by that country in section (b) on or after the date of the enact- DENT LOANS FOR VETERANS WITH any month during the 2-year period pre- ment of this Act. SERVICE-CONNECTED CONDITIONS. ceding the submission of the report. (2) ELEMENTS.—A review conducted under (a) IN GENERAL.—Paragraph (1) of section ‘‘(B) REPORT REQUIRED.—Not later than 60 paragraph (1) shall assess the accuracy of the 108(f) of the Internal Revenue Code of 1986 is days after the date of the enactment of the factual and legal conclusions made by the

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.064 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8522 CONGRESSIONAL RECORD — SENATE November 21, 2013 Secretary in the waiver covered by the re- ‘‘(C) whether other explanations for the SEC. 1233C. REPORT ON ROSOBORONEXPORT AC- view, including the following— issuance of the waiver are supportable; and TIVITIES. (A) whether there is any viable alternative ‘‘(D) any other matter with respect to the (a) REPORT REQUIRED.—Not later than 180 to Rosoboronexport for carrying out the waiver the Inspector General considers ap- days after the date of the enactment of this function for which funds will be obligated; propriate. Act, the Secretary of Defense shall submit to (B) whether the Secretary has previously ‘‘(3) REPORT.—Not later than 90 days after the congressional defense committees a re- used an alternative vendor for carrying out a waiver is issued by the Secretary pursuant port setting forth the following: the same function regarding the military to subsection (b) that is covered by this sub- (1) A list of the known transfers of lethal equipment in question, and what vendor was section, the Inspector General shall submit military equipment by Rosoboronexport to previously used; to the congressional defense committees a the Government of the Syrian Arab Republic (C) whether other explanations for the report containing the results of the review since March 15, 2011. issuance of the waiver are supportable; and on such waiver conducted under paragraph (2) A list of the known contracts, if any, (D) any other matter with respect to the (1).’’. that Rosoboronexport has signed with the waiver the Inspector General considers ap- SEC. 1233B. PROHIBITION ON USE OF FISCAL Government of the Syrian Arab Republic propriate. YEAR 2012 FUNDS TO ENTER INTO since March 15, 2011. (3) REPORT.—Not later than 90 days after a CONTRACTS OR AGREEMENTS WITH (3) A detailed list of all existing contracts, waiver is issued by the Secretary pursuant ROSOBORONEXPORT. subcontracts, memorandums of under- to subsection (b) that is covered by this sub- (a) PROHIBITION.—None of the funds author- standing, cooperative agreements, grants, section, the Inspector General shall submit ized to be appropriated for the Department loans, and loan guarantees between the De- to the congressional defense committees a of Defense for fiscal year 2012 by the Na- partment of Defense and Rosoboronexport, report containing the results of the review tional Defense Authorization Act for Fiscal including a description of the transaction, on such waiver conducted under paragraph Year 2012 (Public Law 112–81) that remain signing dates, values, and quantities. (1). available for obligation or expenditure as of (b) FORM.—The report required by sub- the date of the enactment of this Act may be SEC. 1233A. MODIFICATION OF FISCAL YEAR 2013 section (a) shall be submitted in unclassified PROHIBITION ON USE OF FUNDS TO used to enter into a contract or subcontract, form, but may include a classified annex. ENTER INTO CONTRACTS OR AGREE- memorandum of understanding, or coopera- MENTS WITH ROSOBORONEXPORT. tive agreement with, to make a grant, to, or SA 2531. Mr. CORNYN submitted an (a) SCOPE OF PROHIBITION.—Subsection (a) to provide a loan or loan guarantee to amendment intended to be proposed by of section 1277 of the National Defense Au- Rosoboronexport. him to the bill S. 1197, to authorize ap- thorization Act for Fiscal Year 2013 (Public (b) NATIONAL SECURITY WAIVER AUTHOR- Law 112–239; 126 Stat. 2030) is amended by in- ITY.—The Secretary of Defense may waive propriations for fiscal year 2014 for serting ‘‘or subcontract’’ after ‘‘contract’’. the applicability of subsection (a) if the Sec- military activities of the Department (b) WAIVER AUTHORITY.—Subsection (b) of retary— of Defense, for military construction, such section is amended by striking ‘‘if the (1) determines that— and for defense activities of the De- Secretary’’ and all that follows and inserting (A) an action described in subsection (a) is partment of Energy, to prescribe mili- ‘‘if the Secretary— necessary to meet a valid military require- tary personnel strengths for such fiscal ‘‘(1) determines that— ment; and year, and for other purposes; which was (B) there is no feasible alternative to ‘‘(A) an action described in subsection (a) ordered to lie on the table; as follows: is necessary to meet a valid military re- Rosoboronexport for meeting such require- quirement; and ment; or On page 411, line 7, insert ‘‘or subcontract’’ ‘‘(B) there is no feasible alternative to (2) in consultation with the Secretary of after ‘‘contract’’. Rosoboronexport for meeting such require- State and the Director of National Intel- On page 411, beginning on line 12, strike ‘‘if ment; or ligence, certifies in writing to the congres- the Secretary’’ and all that follows through ‘‘(2) in consultation with the Secretary of sional defense committees that, to the best line 13 and insert ‘‘if the Secretary— State and the Director of National Intel- of the Secretary’s knowledge, (1) determines that such a waiver is in the ligence, certifies in writing to the congres- Rosoboronexport has ceased the transfer of national security interests of the United sional defense committees that, to the best lethal military equipment to the govern- States; or of the Secretary’s knowledge, ment of the Syrian Arab Republic. (2) in consultation with the Secretary of Rosoboronexport has ceased the transfer of (c) NOTICE TO CONGRESS BEFORE OBLIGATION State and the Director of National Intel- lethal military equipment to the govern- OF FUNDS.—Not later than 30 days before ob- ligence, certifies in writing to the congres- ment of the Syrian Arab Republic.’’. ligating funds pursuant to any waiver pursu- sional defense committees that, to the best (c) ADDITIONAL LIMITATIONS AND REQUIRE- ant to subsection (b), the Secretary of De- of the Secretary’s knowledge, MENTS.—Such section is further amended by fense shall submit to Congress a notice on Rosoboronexport has ceased the transfer of adding at the end the following new sub- the obligation of funds pursuant to the waiv- lethal military equipment to the govern- sections: er. ment of the Syrian Arab Republic. ‘‘(c) NOTICE TO CONGRESS BEFORE OBLIGA- (d) DEPARTMENT OF DEFENSE INSPECTOR On page 412, between lines 7 and 8, insert TION OF FUNDS.—Not later than 30 days be- GENERAL REVIEW .— the following: fore obligating funds pursuant to any waiver (1) IN GENERAL.—The Inspector General of (d) DEPARTMENT OF DEFENSE INSPECTOR pursuant to subsection (b) that is issued the Department of Defense shall conduct a GENERAL REVIEW.— after the date of the enactment of the Na- review of any action involving (1) IN GENERAL.—The Inspector General of tional Defense Authorization Act for Fiscal Rosoboronexport in which a waiver is issued the Department of Defense shall conduct a Year 2014, the Secretary of Defense shall sub- by the Secretary of Defense pursuant to sub- review of any action involving mit to Congress a notice on the obligation of section (b). Rosoboronexport in which a waiver is issued funds pursuant to the waiver. (2) ELEMENTS.—A review conducted under by the Secretary of Defense pursuant to sub- ‘‘(d) DEPARTMENT OF DEFENSE INSPECTOR paragraph (1) shall assess the accuracy of the section (b) on or after the date of the enact- GENERAL REVIEW .— factual and legal conclusions made by the ment of this Act. ‘‘(1) IN GENERAL.—The Inspector General of Secretary in the waiver covered by the re- (2) ELEMENTS.—A review conducted under the Department of Defense shall conduct a view, including the following— paragraph (1) shall assess the accuracy of the review of any action involving (A) whether there is any viable alternative factual and legal conclusions made by the Rosoboronexport in which a waiver is issued to Rosoboronexport for carrying out the Secretary in the waiver covered by the re- by the Secretary of Defense pursuant to sub- function for which funds will be obligated; view, including the following— section (b) on or after the date of the enact- (B) whether the Secretary has previously (A) whether there is any viable alternative ment of the National Defense Authorization used an alternative vendor for carrying out to Rosoboronexport for carrying out the Act for Fiscal Year 2014. the same function regarding the military function for which funds will be obligated; ‘‘(2) ELEMENTS.—A review conducted under equipment in question, and what vendor was (B) whether the Secretary has previously paragraph (1) shall assess the accuracy of the previously used; used an alternative vendor for carrying out factual and legal conclusions made by the (C) whether other explanations for the the same function regarding the military Secretary in the waiver covered by the re- issuance of the waiver are supportable; and equipment in question, and what vendor was view, including the following— (D) any other matter with respect to the previously used; ‘‘(A) whether there is any viable alter- waiver the Inspector General considers ap- (C) whether other explanations for the native to Rosoboronexport for carrying out propriate. issuance of the waiver are supportable; and the function for which funds will be obli- (3) REPORT.—Not later than 90 days after a (D) any other matter with respect to the gated; waiver is issued by the Secretary pursuant waiver the Inspector General considers ap- ‘‘(B) whether the Secretary has previously to subsection (b), the Inspector General shall propriate. used an alternative vendor for carrying out submit to the congressional defense commit- (3) REPORT.—Not later than 90 days after a the same function regarding the military tees a report containing the results of the re- waiver is issued by the Secretary pursuant equipment in question, and what vendor was view on the waiver conducted under para- to subsection (b) that is covered by this sub- previously used; graph (1). section, the Inspector General shall submit

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.065 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8523 to the congressional defense committees a the date of the enactment of this Act may be him to the bill S. 1197, to authorize ap- report containing the results of the review used to enter into a contract or subcontract, propriations for fiscal year 2014 for on such waiver conducted under paragraph memorandum of understanding, or coopera- military activities of the Department tive agreement with, to make a grant, to, or (1). of Defense, for military construction, SEC. 1233A. MODIFICATION OF FISCAL YEAR 2013 to provide a loan or loan guarantee to PROHIBITION ON USE OF FUNDS TO Rosoboronexport. and for defense activities of the De- ENTER INTO CONTRACTS OR AGREE- (b) NATIONAL SECURITY WAIVER AUTHOR- partment of Energy, to prescribe mili- MENTS WITH ROSOBORONEXPORT. ITY.—The Secretary of Defense may waive tary personnel strengths for such fiscal (a) SCOPE OF PROHIBITION.—Subsection (a) the applicability of subsection (a) if the Sec- year, and for other purposes; which was of section 1277 of the National Defense Au- retary— ordered to lie on the table; as follows: thorization Act for Fiscal Year 2013 (Public (1) determines that such a waiver is in the Law 112–239; 126 Stat. 2030) is amended by in- national security interests of the United At the end of subtitle C of title XV, add the serting ‘‘or subcontract’’ after ‘‘contract’’. States; or following: (b) WAIVER AUTHORITY.—Subsection (b) of (2) in consultation with the Secretary of SEC. 1534. COMPREHENSIVE LONG-TERM PLAN such section is amended by striking ‘‘if the State and the Director of National Intel- FOR AFGHAN NATIONAL SECURITY Secretary’’ and all that follows and inserting ligence, certifies in writing to the congres- FORCES AVIATION CAPABILITIES. ‘‘if the Secretary— sional defense committees that, to the best (a) LONG-TERM PLAN REQUIRED.—Not later ‘‘(1) determines that such a waiver is in the of the Secretary’s knowledge, than 180 days after the date of the enactment national security interests of the United Rosoboronexport has ceased the transfer of of this Act, the Secretary of Defense shall States; or lethal military equipment to the govern- submit to the congressional defense commit- ‘‘(2) in consultation with the Secretary of ment of the Syrian Arab Republic. tees report setting forth a comprehensive State and the Director of National Intel- (c) NOTICE TO CONGRESS BEFORE OBLIGATION long-term plan for training, equipping, ad- ligence, certifies in writing to the congres- OF FUNDS.—Not later than 30 days before ob- vising, and sustaining the aviation capabili- sional defense committees that, to the best ligating funds pursuant to any waiver pursu- ties of the Afghan National Security Forces of the Secretary’s knowledge, ant to subsection (b), the Secretary of De- (ANSF), at a minimum, through 2018. Rosoboronexport has ceased the transfer of fense shall submit to Congress a notice on (b) SCOPE AND COVERAGE.—The plan re- lethal military equipment to the govern- the obligation of funds pursuant to the waiv- quired by subsection (a) shall cover the plans ment of the Syrian Arab Republic.’’. er. of the Department of Defense to build the ca- (d) DEPARTMENT OF DEFENSE INSPECTOR (c) ADDITIONAL LIMITATIONS AND REQUIRE- pacity of the Afghan National Security GENERAL REVIEW .— MENTS.—Such section is further amended by Forces to maintain and sustain a profes- (1) IN GENERAL.—The Inspector General of adding at the end the following new sub- sional and safe military aviation program the Department of Defense shall conduct a sections: that includes the Special Mission Wing review of any action involving ‘‘(c) NOTICE TO CONGRESS BEFORE OBLIGA- (SMW) and the Afghan Air Force (AAF). Rosoboronexport in which a waiver is issued TION OF FUNDS.—Not later than 30 days be- (c) ELEMENTS.—The plan required by sub- fore obligating funds pursuant to any waiver by the Secretary of Defense pursuant to sub- section (a) shall include the following: section (b). pursuant to subsection (b) that is issued (1) The manner in which the Department of (2) ELEMENTS.—A review conducted under after the date of the enactment of the Na- Defense will maintain and evaluate safety, paragraph (1) shall assess the accuracy of the tional Defense Authorization Act for Fiscal airworthiness, and pilot proficiency stand- factual and legal conclusions made by the Year 2014, the Secretary of Defense shall sub- ards of the Afghan National Security Forces. Secretary in the waiver covered by the re- mit to Congress a notice on the obligation of (2) Means by which the Department will view, including the following— funds pursuant to the waiver. train the Afghan National Security Forces (A) whether there is any viable alternative ‘‘(d) DEPARTMENT OF DEFENSE INSPECTOR to the necessary aviation proficiency levels. to Rosoboronexport for carrying out the GENERAL REVIEW .— (3) Means by which the Department will as- function for which funds will be obligated; ‘‘(1) IN GENERAL.—The Inspector General of sist the Afghan National Security Forces in (B) whether the Secretary has previously the Department of Defense shall conduct a recruiting the requisite number of pilots, used an alternative vendor for carrying out review of any action involving other crewmembers, and aircraft mainte- the same function regarding the military Rosoboronexport in which a waiver is issued nance personnel. equipment in question, and what vendor was by the Secretary of Defense pursuant to sub- (4) The type and number of aircraft re- previously used; section (b) on or after the date of the enact- quired to equip each Afghan National Secu- (C) whether other explanations for the ment of the National Defense Authorization rity Forces aviation unit. issuance of the waiver are supportable; and (5) The additional aircraft to be procured Act for Fiscal Year 2014. (D) any other matter with respect to the ‘‘(2) ELEMENTS.—A review conducted under by the Afghan National Security Forces to waiver the Inspector General considers ap- meet such requirements. paragraph (1) shall assess the accuracy of the propriate. factual and legal conclusions made by the (6) For each aircraft platform required to (3) REPORT.—Not later than 90 days after a equip Afghan National Security Forces avia- Secretary in the waiver covered by the re- waiver is issued by the Secretary pursuant view, including the following— tion units, the date on which the Afghan Na- to subsection (b), the Inspector General shall tional Security Forces are expected to be ca- ‘‘(A) whether there is any viable alter- submit to the congressional defense commit- pable of maintaining and operating such native to Rosoboronexport for carrying out tees a report containing the results of the re- platform without oversight from the United the function for which funds will be obli- view on the waiver conducted under para- States Armed Forces. gated; graph (1). ‘‘(B) whether the Secretary has previously (7) The amount required on an annual basis SEC. 1233C. REPORT ON ROSOBORONEXPORT AC- for operations and sustainment of planned used an alternative vendor for carrying out TIVITIES. aviation units. the same function regarding the military (a) REPORT REQUIRED.—Not later than 180 equipment in question, and what vendor was days after the date of the enactment of this (8) The portion of the amount described in previously used; Act, the Secretary of Defense shall submit to paragraph (7) that is anticipated to be pro- ‘‘(C) whether other explanations for the the congressional defense committees a re- vided by the Afghanistan Government and issuance of the waiver are supportable; and port setting forth the following: the portion that is anticipated to be provided ‘‘(D) any other matter with respect to the (1) A list of the known transfers of lethal by international contributions. waiver the Inspector General considers ap- military equipment by Rosoboronexport to (9) Mechanisms for vetting Afghan Na- propriate. the Government of the Syrian Arab Republic tional Security Forces personnel that will ‘‘(3) REPORT.—Not later than 90 days after since March 15, 2011. receive training from the United States a waiver is issued by the Secretary pursuant (2) A list of the known contracts, if any, under the plan. to subsection (b) that is covered by this sub- that Rosoboronexport has signed with the (10) Mechanisms for end-user monitoring section, the Inspector General shall submit Government of the Syrian Arab Republic for aircraft and equipment provided the Af- to the congressional defense committees a since March 15, 2011. ghan National Security Forces by the United report containing the results of the review (3) A detailed list of all existing contracts, States. on such waiver conducted under paragraph subcontracts, memorandums of under- (d) FORM.—The report required by sub- (1).’’. standing, cooperative agreements, grants, section (a) shall be submitted in unclassified SEC. 1233B. PROHIBITION ON USE OF FISCAL loans, and loan guarantees between the De- form, but may include a classified annex. YEAR 2012 FUNDS TO ENTER INTO partment of Defense and Rosoboronexport, (e) DEPARTMENT OF DEFENSE INSPECTOR CONTRACTS OR AGREEMENTS WITH including a description of the transaction, GENERAL REVIEW.—Not later than 180 days ROSOBORONEXPORT. signing dates, values, and quantities. after the date of the submittal of the report (a) PROHIBITION.—None of the funds author- (b) FORM.—The report required by sub- required by subsection (a), the Inspector ized to be appropriated for the Department section (a) shall be submitted in unclassified General of the Department of Defense shall of Defense for fiscal year 2012 by the Na- form, but may include a classified annex. submit to the congressional defense com- tional Defense Authorization Act for Fiscal mittee a report on the plan covered by such Year 2012 (Public Law 112–81) that remain SA 2532. Mr. CORNYN submitted an report. The report under this subsection available for obligation or expenditure as of amendment intended to be proposed by shall include the following:

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(1) A review and assessment of the plan by (B) REVIEW OF CERTAIN PREVIOUS INCI- title 31, United States Code, for fiscal year the Inspector General. DENTS.—The Secretaries concerned shall un- 2015 and each subsequent fiscal year, each (2) Such recommendations for additional dertake a review of each death or wounding module within the distributed common actions on training, equipping, advising, and of a member of the Armed Forces that oc- ground system program shall be set forth as sustaining the aviation capabilities of the curred between September 11, 2001, and the a separate project code within the program Afghan National Security Forces as the In- date of the enactment of this Act under cir- element line with supporting justification spector General considers appropriate. cumstances that could qualify as being the for each project code within the program ele- result of the attack of a homegrown violent ment descriptive summary provided to Con- SA 2533. Mr. CORNYN (for himself, extremist as described in section 1129a of gress. Mr. CRUZ, Mr. BOOZMAN, Mr. PRYOR, title 10, United States Code (as added by (b) REPORT ON CAPABILITIES.— Mr. HELLER, Mr. MORAN, Ms. COLLINS, paragraph (1)), to determine whether the (1) IN GENERAL.—Not later than March 1, 2014, the Under Secretary of Defense for Ac- and Mr. PORTMAN) submitted an death or wounding qualifies as a death or wounding resulting from a homegrown vio- quisition, Technology, and Logistics shall amendment intended to be proposed by submit to the congressional defense commit- him to the bill S. 1197, to authorize ap- lent extremist attack motivated or inspired by a foreign terrorist organization for pur- tees a report on the distributed common propriations for fiscal year 2014 for poses of the award of the Purple Heart pursu- ground system program. military activities of the Department ant to such section (as so added). (2) CONTENTS.—The report required by of Defense, for military construction, (C) ACTIONS FOLLOWING REVIEW.—If the paragraph (1) shall include the following: and for defense activities of the De- death or wounding of a member of the Armed (A) An assessment of the capability of the partment of Energy, to prescribe mili- Forces reviewed under subparagraph (B) is program, as currently available to users, to tary personnel strengths for such fiscal determined to qualify as a death or wound- meet current operational and program re- ing resulting from a homegrown violent ex- quirements. year, and for other purposes; which was (B) An evaluation of the capability of com- ordered to lie on the table; as follows: tremist attack motivated or inspired by a foreign terrorist organization as described in mercial-off-the-shelf software that meets At the end of subtitle G of title V, add the section 1129a of title 10, United States Code open architecture standards to meet data fu- following: (as so added), the Secretary concerned shall sion, analysis, processing, and dissemination SEC. 585. MEDALS FOR MEMBERS OF THE ARMED take appropriate action under such section requirements, including the capability of FORCES AND CIVILIAN EMPLOYEES to award the Purple Heart to the member. those tools to meet program requirements. OF THE DEPARTMENT OF DEFENSE (D) SECRETARY CONCERNED DEFINED.—In (C) An assessment of total lifecycle costs WHO WERE KILLED OR WOUNDED IN this paragraph, the term ‘‘Secretary con- for each program and commercial-off-the- AN ATTACK PERPETRATED BY A shelf alternatives, including the method- HOMEGROWN VIOLENT EXTREMIST cerned’’ has the meaning given that term in WHO WAS INSPIRED OR MOTIVATED section 101(a)(9) of title 10, United States ology utilized to arrive at such costs. BY A FOREIGN TERRORIST ORGANI- Code. (c) REQUIREMENT FOR COMPETITION.—Full ZATION. (b) SECRETARY OF DEFENSE MEDAL FOR THE and open competition shall be used to the (a) PURPLE HEART.— DEFENSE OF FREEDOM.— maximum extent practicable to procure or (1) AWARD.— (1) REVIEW OF THE NOVEMBER 5, 2009 ATTACK develop any data fusion, analysis, proc- (A) IN GENERAL.—Chapter 57 of title 10, AT FORT HOOD, TEXAS.—If the Secretary con- essing, and dissemination products or cloud United States Code, is amended by inserting cerned determines, after a review under sub- computing services of any module covered by after section 1129 the following new section: section (a)(2)(B) regarding the attack that subsection (a). (d) REPORT ON ADOPTION OF INTELLIGENCE ‘‘§ 1129a. Purple Heart: members killed or occurred at Fort Hood, Texas, on November COMMUNITY INFORMATION SYSTEMS BY wounded in attacks of homegrown violent 5, 2009, that the death or wounding of any ARMY.— extremists motivated or inspired by foreign member of the Armed Forces in that attack (1) IN GENERAL.—Not later than March1, qualified as a death or wounding resulting terrorist organizations 2014, the Secretary of the Army shall submit from a homegrown violent extremist attack ‘‘(a) IN GENERAL.—For purposes of the to the congressional defense committees a motivated or inspired by a foreign terrorist award of the Purple Heart, the Secretary report on the interoperability of Army infor- organization as described in section 1129a of concerned shall treat a member of the armed mation systems with intelligence commu- title 10, United States Code (as added by sub- forces described in subsection (b) in the same nity information technology standards. section (a)), the Secretary of Defense shall manner as a member who is killed or wound- (2) CONTENTS.—The report required by make a determination as to whether the ed in action as a result of an act of an enemy paragraph (1) shall include, at a minimum, death or wounding of any civilian employee of the United States. the following: of the Department of Defense or civilian con- ‘‘(b) COVERED MEMBERS.—A member de- (A) An assessment of the ability of current tractor in the same attack meets the eligi- scribed in this subsection is a member on ac- information systems of the Army to meet in- bility criteria for the award of the Secretary tive duty who was killed or wounded in an telligence community requirements. of Defense Medal for the Defense of Freedom. attack perpetrated by a homegrown violent (B) A list of current requirements for in- (2) AWARD.—If the Secretary of Defense de- extremist who was inspired or motivated to clusion in systems of the Army designed to termines under paragraph (1) that the death engage in violent action by a foreign ter- interface with intelligence community sys- or wounding of any civilian employee of the rorist organization in circumstances where tems, including the Intelligence Community Department of Defense or civilian contractor the death or wound is the result of an attack Information Technology Enterprise. in the attack that occurred at Fort Hood, targeted on the member due to such mem- (C) Identification of the official responsible Texas, on November 5, 2009, meets the eligi- ber’s status as a member of the armed forces, for determining any requirement or standard bility criteria for the award of the Secretary unless the death or wound is the result of for any major function of the Intelligence of Defense Medal for the Defense of Freedom, willful misconduct of the member. Community Information Technology Enter- the Secretary shall take appropriate action ‘‘(c) DEFINITIONS.—In this section: prise-Army system. to award the Secretary of Defense Medal for ‘‘(1) The term ‘foreign terrorist organiza- (D) Definitions, as adopted and utilized by the Defense of Freedom to the employee or tion’ means an entity designated as a foreign the Army for— contractor. terrorist organization by the Secretary of (i) ‘‘open architecture standards’’; and State pursuant to section 219 of the Immi- SA 2534. Mrs. McCASKILL submitted (ii) ‘‘intelligence community standards’’. gration and Nationality Act (8 U.S.C. 1189). (e) UPDATED ACQUISITION STRATEGY RE- ‘‘(2) The term ‘homegrown violent extrem- an amendment intended to be proposed QUIRED.—No later than March 1, 2014, the ist’ shall have the meaning given that term by her to the bill S. 1197, to authorize Under Secretary of Defense for Acquisition, by the Secretary of Defense in regulations appropriations for fiscal year 2014 for Technology, and Logistics shall submit to prescribed for purposes of this section.’’. military activities of the Department the congressional defense committees an up- (B) CLERICAL AMENDMENT.—The table of of Defense, for military construction, dated acquisition strategy for the program sections at the beginning of chapter 57 of described in subsection (a). such title is amended by inserting after the and for defense activities of the De- item relating to section 1129 the following partment of Energy, to prescribe mili- SA 2535. Mr. COCHRAN submitted an new item: tary personnel strengths for such fiscal amendment intended to be proposed by ‘‘1129a. Purple Heart: members killed or year, and for other purposes; which was him to the bill S. 1197, to authorize ap- wounded in attacks of home- ordered to lie on the table; as follows: propriations for fiscal year 2014 for grown violent extremists moti- At the end of subtitle C of title IX, add the military activities of the Department vated or inspired by foreign ter- following: of Defense, for military construction, rorist organizations.’’. SEC. 935. REQUIREMENTS RELATED TO DATA FU- and for defense activities of the De- (2) RETROACTIVE EFFECTIVE DATE AND AP- SION, ANALYSIS, PROCESSING, AND PLICATION.— DISSEMINATION SYSTEMS. partment of Energy, to prescribe mili- (A) EFFECTIVE DATE.—The amendments (a) PROJECT CODES FOR BUDGET SUBMIS- tary personnel strengths for such fiscal made by paragraph (1) shall take effect as of SIONS.—In the budget transmitted by the year, and for other purposes; which was September 11, 2001. President to Congress under section 1105 of ordered to lie on the table; as follows:

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.065 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8525 At the end of subtitle F of title III, add the States Government involved in activities re- her to the bill S. 1197, to authorize ap- following: lated to disrupting and degrading the propriations for fiscal year 2014 for SEC. 353. UTILIZATION OF NATIONAL GUARD IN- Haqqani Network. military activities of the Department STALLATION AIRSPACE. (3) ELEMENTS.—The report required by of Defense, for military construction, (a) IN GENERAL.—The Secretary of Defense paragraph (1) shall include the following: shall not prohibit a State National Guard, (A) A description of the current activities and for defense activities of the De- designated by the Federal Aviation Adminis- of the Department of Defense, the Depart- partment of Energy, to prescribe mili- tration as a Using Agency, from scheduling ment of State, the Department of the Treas- tary personnel strengths for such fiscal and activating, for a public purpose, special ury, the Department of Justice, and the ele- year, and for other purposes; which was use airspace associated with State-owned ments of the intelligence community to dis- ordered to lie on the table; as follows: rupt and degrade Haqqani Network activi- military facility as long as State National At the end of subtitle E of title XXVIII, ties, finances, and resources. Guard use of airspace can only occur when add the following: no military mission or Department of De- (B) An assessment of the intelligence com- fense activity within the airspace is affected. munity— SEC. 2842. RESPONSIBILITY FOR ENVIRON- MENTAL REMEDIATION AT BADGER ULE OF ONSTRUCTION (i) of the operations of the Haqqani Net- (b) R C .—Nothing in ARMY AMMUNITION PLANT, this section shall be construed to give any work in Afghanistan and Pakistan, and its BARABOO, WISCONSIN. activities outside the region; and State National Guard superiority over the (a) DEFINITIONS.—In this section: (ii) of the relationships, networks, and Department of Defense in airspace sched- (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ vulnerabilities of the Haqqani Network, in- uling and activation. has the meaning given the term in section 4 cluding with Pakistan’s military, intel- of the Indian Self-Determination and Edu- ligence services, and government officials, SA 2536. Mr. BURR (for himself, Mr. cation Assistance Act (25 U.S.C. 450b). including provincial and district officials. COBURN, Mr. CHAMBLISS, and Mr. (2) PLANT.—The term ‘‘plant’’ means the (C) A review of the plans and intentions of RUBIO) submitted an amendment in- Badger Army Ammunition Plant near the Haqqani Network with respect to the tended to be proposed by him to the Baraboo, Wisconsin. continued drawdown of United States and co- (3) PROPERTY.—The term ‘‘property’’ in- bill S. 1197, to authorize appropriations alition troops. for fiscal year 2014 for military activi- (D) A review of the current United States cludes— ties of the Department of Defense, for policies, operations, funding, and plans for (A) the plant; military construction, and for defense applying sustained and systemic pressure (B) any land located in Sauk County, Wis- consin, and managed by the Federal Govern- activities of the Department of Energy, against the Haqqani Network’s financial in- frastructure, including— ment relating to the plant; and to prescribe military personnel (C) any structure on the land described in strengths for such fiscal year, and for (i) identification of the agencies that would participate in implementing such subparagraph (B). other purposes; which was ordered to plans; (b) TRANSFER OF ADMINISTRATIVE JURISDIC- lie on the table; as follows: (ii) a description of the legal authorities TION.— At the end of subtitle G of title X, add the under which such a plan would be conducted; (1) IN GENERAL.—There is transferred from following: (iii) a description of the objectives and de- the Secretary of Defense to the Secretary of SEC. 1066. REPORT ON PLANS TO DISRUPT AND sired outcomes of such a plan, including spe- the Interior administrative jurisdiction over DEGRADE HAQQANI NETWORK AC- cific steps to achieve these objectives and approximately 1,553 acres of land located TIVITIES AND FINANCES. outcomes; within the boundary of the property, to be (a) FINDINGS.—Congress makes the fol- (iv) metrics to measure the success of the held in trust by the Secretary of the Interior lowing findings: plan; and for the benefit of the Ho-Chunk Nation. (1) The Haqqani Network is a primary part- (v) the identity of the agency of office to (2) DATE OF TRANSFER.—The transfer under ner for the Taliban, al Qaeda, regional mili- be designated as the lead agency in imple- paragraph (1) shall be carried out— tants, and other global Islamic jihadists menting such a plan. (A) not earlier than the date on which en- committing acts of violence, as well as polit- (E) An examination of the role current vironmental remediation activities on the ical and economic oppression in Afghanistan United States and coalition contracting land transferred under paragraph (1) is final- and Pakistan. processes have in furthering the financial in- ized; and (2) The Haqqani Network continues to be a terests of the Haqqani Network, and how (B) not later than the earlier of— strategic threat to the safety, security, and such strategy will mitigate the unintended (i) the date that is 12 months after the date stability of Afghanistan, as well as the consequences of such processes. described in subparagraph (A); and broader region. (F) An assessment of formal and informal (ii) the date of enactment of this section. (3) The Haqqani Network is directly re- business sectors penetrated by the Haqqani (c) RETENTION OF ENVIRONMENTAL LIABIL- sponsible for a significant number of United Network in Afghanistan, Pakistan, and other ITY.— States casualties and injuries on the battle- countries, particularly in the Persian Gulf (1) IN GENERAL.—Subject to paragraph (2), field in Afghanistan. region, and a description of steps to counter beginning on the date on which the property (4) The Haqqani Network continues to ac- these activities. is transferred to the Secretary of the Inte- tively plan potentially catastrophic attacks (G) An estimate of associated costs re- rior under subsection (b), the Department of against United States interests and per- quired to plan and execute any proposed ac- Defense shall retain sole and exclusive Fed- sonnel in Afghanistan. tivities to disrupt and degrade the Haqqani eral responsibility and liability to fund and (5) On September 19, 2012, the Secretary of Network’s operations and resources. implement any action required under the State formally designated the Haqqani Net- (H) A description of how activities and Comprehensive Environmental Response, work a Foreign Terrorist Organization pur- plans specified in paragraph (1) fit in the Compensation, and Liability Act of 1980 (42 suant to section 219 of the Immigration and broader United States efforts to stabilize Af- U.S.C. 9601 et seq.), the Safe Drinking Water Nationality Act (8 U.S.C. 1189). ghanistan and prevent the region from being Act (42 U.S.C. 300f et seq.), or any other ap- (b) SENSE OF CONGRESS.—It is the sense of a safe haven for al Qaeda and its affiliates. plicable Federal or State law. Congress that the Administration should ur- (4) FORM.—The report required by para- (2) LIMITATION.—The liability described in gently prioritize efforts, and utilize its full graph (1) shall be submitted in unclassified paragraph (1) is limited to the remediation authority, to disrupt and degrade the form, but may include a classified annex. of environmental contamination caused by Haqqani Network and to deny the organiza- (d) DEFINITIONS.—In this section: the activities of the Department of Defense tion finances it requires to carry out their (1) APPROPRIATE COMMITTEES OF CON- that existed before the date on which the activities. GRESS.—The term ‘‘appropriate committees property is transferred. (c) REPORT ON ACTIVITIES AND PLANS TO of Congress’’ means— (d) EFFECT.—Except as otherwise provided DISRUPT AND DEGRADE HAQQANI NETWORK AC- (A) the Committee on Armed Services, the in this section, nothing in this section— TIVITIES AND FINANCES.— Committee on Foreign Relations, and the Se- (1) relieves the Secretary of Defense, the (1) REPORT REQUIRED.—The President shall lect Committee on Intelligence of the Sen- Administrator of the Environmental Protec- report to the appropriate committees of Con- ate; and tion Agency, the Secretary of the Interior, gress, not later than 9 months after the date (B) the Committee on Armed Services, the or any other person from any obligation or of enactment of their Act, on activities and Committee on Foreign Affairs, and the Per- liability under any Federal or State law with plans to disrupt and degrade Haqqani Net- manent Select Committee on Intelligence of respect to the plant; work activities and finances. the House of Representatives. (2) affects or limits the application of, or (2) COORDINATION.—The report required by (2) INTELLIGENCE COMMUNITY.—The term any obligation to comply with, any environ- paragraph (1) shall be prepared by the Sec- ‘‘intelligence community’’ has the meaning mental law, including— retary of Defense, in coordination with the given that term in section 3(4) of the Na- (A) the Comprehensive Environmental Re- Secretary of State, the Secretary of the tional Security Act of 1947 (50 U.S.C. 3003(4)). sponse, Compensation, and Liability Act of Treasury, the Attorney General, and the Di- 1980 (42 U.S.C. 9601 et seq.); and rector of National Intelligence, and any SA 2537. Ms. BALDWIN submitted an (B) the Solid Waste Disposal Act (42 U.S.C. other department or agency of the United amendment intended to be proposed by 6901 et seq.); or

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.066 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8526 CONGRESSIONAL RECORD — SENATE November 21, 2013 (3) prevents the United States from bring- SA 2539. Mr. WICKER submitted an lation that the Secretary of the Army keeps ing a cost recovery, contribution, or any amendment intended to be proposed to for reserve component training, for purposes other action that would otherwise be avail- amendment SA 2185 submitted by Mr. of chapter 69 of title 31, United States Code. able under any Federal or State law. WICKER (for himself, Mr. LEE, Mrs. SA 2541. Mr. UDALL of Colorado (for FISCHER, and Mr. CORNYN) and intended SA 2538. Mr. BEGICH submitted an himself and Mr. UDALL of New Mexico) amendment intended to be proposed by to be proposed to the bill S. 1197, to au- submitted an amendment intended to him to the bill S. 1197, to authorize ap- thorize appropriations for fiscal year be proposed by him to the bill S. 1197, propriations for fiscal year 2014 for 2014 for military activities of the De- to authorize appropriations for fiscal partment of Defense, for military con- military activities of the Department year 2014 for military activities of the struction, and for defense activities of of Defense, for military construction, Department of Defense, for military the Department of Energy, to prescribe and for defense activities of the De- construction, and for defense activities military personnel strengths for such partment of Energy, to prescribe mili- of the Department of Energy, to pre- fiscal year, and for other purposes; tary personnel strengths for such fiscal scribe military personnel strengths for which was ordered to lie on the table; year, and for other purposes; which was such fiscal year, and for other pur- as follows: ordered to lie on the table; as follows: poses; which was ordered to lie on the At the end, add the following: At the end of subtitle B of title XXVIII, table; as follows: add the following: (c) NATIONAL SECURITY WAIVER.— At the appropriate place, insert the fol- SEC. 2815. COMPREHENSIVE REPORT FOR EN- (1) IN GENERAL.—The President may waive ERGY REMOTE MILITARY INSTALLA- the certification requirement in subsection lowing: TIONS. (a) if the President, acting jointly through SEC. ll. ESTABLISHMENT OF THE ADVISORY (a) REPORT.— the Secretary of Defense and the Director of BOARD ON TOXIC SUBSTANCES AND (1) REPORT REQUIRED.—Not later than 270 National Intelligence, certifies to Congress WORKER HEALTH. days after the date of the enactment of this that the waiver is in the interests of the na- (a) ADVISORY BOARD ON TOXIC SUBSTANCES Act, the Deputy Under Secretary of Defense tional security of the United States, pro- AND WORKER HEALTH.—Subtitle B of the En- for Installations and Environment, in con- vided— ergy Employees Occupational Illness Com- junction with the Service Assistant Secre- (A) all data collected or transmitted from pensation Program Act of 2000 (42 U.S.C. taries responsible for Installations and Envi- ground monitoring stations covered by the 7384l et seq.) is amended by adding at the end ronment for the military services, shall sub- waiver shall not be encrypted; the following: mit a report to the congressional defense (B) all foreign nationals involved in the ‘‘SEC. 3632. ADVISORY BOARD ON TOXIC SUB- committees detailing the current cost and construction, operation, and maintenance of STANCES AND WORKER HEALTH. sources of energy at each military installa- such ground monitoring stations shall be ac- ‘‘(a) ESTABLISHMENT.— tion in states with energy remote military companied by cleared United States persons ‘‘(1) IN GENERAL.—Not later than 120 days installations, and viable and feasible options or United States law enforcement personnel; after the date of the enactment of this sec- for achieving energy efficiency and cost sav- (C) such ground monitoring stations shall tion, the President shall establish and ap- ings at those military installations. be not located in geographic proximity to point an Advisory Board on Toxic Sub- (2) ELEMENTS.—The report required by sensitive United States national security stances and Worker Health (referred to in paragraph (1) shall include the following ele- sites; this section as the ‘Board’). ments: (D) the United States shall approve all ‘‘(2) CONSULTATION ON APPOINTMENTS.—The (A) A comprehensive, installation specific equipment to be located at such ground sta- President shall make appointments to the assessment of feasible and mission appro- tions; and Board in consultation with organizations priate energy initiatives supporting energy (E) appropriate actions are taken to ensure with expertise on worker health issues in production and consumption at energy re- that any such ground monitoring station order to ensure that the membership of the mote military installations. does not pose a cyber espionage or other Board reflects a proper balance of perspec- (B) An assessment of current sources of en- cyber threat to the United States. tives from the scientific, medical, legal, ergy in states with energy remote military (2) WAIVER REPORT.—The waiver in this worker, worker families, and worker advo- installations and potential future sources subsection shall be accompanied by a written cate communities. that are technologically feasible, cost effec- report to the appropriate congressional com- ‘‘(3) CHAIRPERSON.—The President shall tive, and mission appropriate. mittees that sets forth— designate a Chair of the Board from among (C) A comprehensive implementation (A) the reason why it is not possible to pro- its members. strategy to include required investment for vide the certification in subsection (a); ‘‘(b) DUTIES.—The Board shall— feasible energy efficiency options determined (B) an assessment of the impact of the ‘‘(1) advise the President concerning the to be the most beneficial and cost effective waiver on the national security of the United review and approval of the Department of where appropriate and consistent with de- States; Labor site exposure matrix; partment priorities. (C) a description of the means to be used to ‘‘(2) conduct periodic peer reviews of, and (D) An explanation on how military serv- mitigate any such impact to the United approve, medical guidance for part E claims ices are working collaboratively in order to States for the duration that such ground examiners with respect to the weighing of a leverage lessons learned on potential energy monitoring stations are operated on United claimant’s medical evidence; efficiency solutions. States Government soil; ‘‘(3) obtain periodic expert review of evi- (E) An assessment of State and local part- (D) to the extent possible, the elements of dentiary requirements for part B claims re- nership opportunities that could achieve effi- the report required by subsection (b); and lated to lung disease regardless of approval; ciency and cost savings, and any legislative (E) any other information in connection ‘‘(4) provide oversight over industrial hy- authorities required to carry out such part- with the waiver that the President considers gienists, Department of Labor staff physi- nerships or agreements. appropriate. cians, and Department of Labor’s consulting (3) UTILIZATION OF OTHER EFFORTS.—In pre- physicians and their reports to ensure qual- paring the report required under paragraph SA 2540. Mr. BAUCUS (for himself ity, objectivity, and consistency; and (1), the Under Secretary shall take into con- and Mr. TESTER) submitted an amend- ‘‘(5) coordinate exchanges of data and find- sideration completed and ongoing efforts by ment intended to be proposed to ings with the Advisory Board on Radiation and Worker Health to the extent necessary agencies of the Federal Government to ana- amendment SA 2100 submitted by Mr. lyze and develop energy efficient solutions in (under section 3624). states with energy remote military installa- WYDEN (for himself and Mr. HEINRICH) ‘‘(c) STAFF AND POWERS.— tions, including the Department of Defense and intended to be proposed to the bill ‘‘(1) IN GENERAL.—The President shall ap- information available in the Annual Energy S. 1197, to authorize appropriations for point a staff to facilitate the work of the Management Report. fiscal year 2014 for military activities Board. The staff of the Board shall be headed (4) COORDINATION WITH STATE AND LOCAL of the Department of Defense, for mili- by a Director who shall be appointed under AND OTHER ENTITIES.—In preparing the report tary construction, and for defense ac- subchapter VIII of chapter 33 of title 5, required under paragraph (1), the Under Sec- tivities of the Department of Energy, United States Code. retary may encouraged to work in conjunc- ‘‘(2) FEDERAL AGENCY PERSONNEL.—The to prescribe military personnel President may authorize the detail of em- tion and coordinate with the states con- strengths for such fiscal year, and for taining energy remote military installa- ployees of Federal agencies to the Board as tions, local communities, and other Federal other purposes; which was ordered to necessary to enable the Board to carry out departments and agencies. lie on the table; as follows: its duties under this section. The detail of (b) DEFINITIONS.—In this section, the term On page 37, between lines 14 and 15, insert such personnel may be on a non-reimburs- ‘‘energy remote military installation’’ in- the following: able basis. cludes military installations in the United (f) PAYMENT FOR ENTITLEMENT LAND.—The ‘‘(3) POWERS.—The Board shall have same States not connected to an extensive elec- land withdrawn under subsection (a) is con- powers that the Advisory Board has under trical energy grid. sidered the location of a semi-active instal- section 3624.

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.066 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8527 ‘‘(4) CONTRACTORS.—The Secretary shall priations for fiscal year 2014 for mili- (3) prevents the United States from bring- employ outside contractors and specialists tary activities of the Department of ing a cost recovery, contribution, or any selected by the Board to support the work of Defense, for military construction, and other action that would otherwise be avail- the Board. for defense activities of the Depart- able under any Federal or State law. ‘‘(d) EXPENSES.—Members of the Board, f other than full-time employees of the United ment of Energy, to prescribe military States, while attending meetings of the personnel strengths for such fiscal AUTHORITY FOR COMMITTEES TO Board or while otherwise serving at the re- year, and for other purposes; which was MEET quest of the President, and while serving ordered to lie on the table; as follows: COMMITTEE ON BANKING, HOUSING, AND URBAN away from their homes or regular place of Beginning on page 1, strike line 3 and all AFFAIRS business, shall be allowed travel and meal that follows through page 3, line 24, and in- Mr. REID. Mr. President, I ask unan- expenses, including per diem in lieu of sub- sert the following: sistence (as authorized by section 5703 of imous consent that the Committee on SEC. 2842. RESPONSIBILITY FOR ENVIRON- Banking, Housing, and Urban Affairs title 5, United States Code) for individuals in MENTAL REMEDIATION AT BADGER the Federal Government serving without ARMY AMMUNITION PLANT, be authorized to meet during the ses- pay. BARABOO, WISCONSIN. sion of the Senate on November 21, ‘‘(e) SECURITY CLEARANCES.— (a) DEFINITIONS.—In this section: 2013, at 10 a.m., to conduct a hearing ‘‘(1) APPLICATION.—The Secretary of En- (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ entitled ‘‘Housing Finance Reform: ergy shall ensure that the members and staff has the meaning given the term in section 4 Powers and Structure of a Strong Reg- of the Board, and the contractors performing of the Indian Self-Determination and Edu- ulator.’’ work in support of the Board, are afforded cation Assistance Act (25 U.S.C. 450b). The PRESIDING OFFICER. Without the opportunity to apply for a security clear- (2) PLANT.—The term ‘‘plant’’ means the objection, it is so ordered. ance for any matter for which such a clear- Badger Army Ammunition Plant near COMMITTEE ON COMMERCE, SCIENCE, AND ance is appropriate. Baraboo, Wisconsin. TRANSPORTATION ‘‘(2) DETERMINATION.—The Secretary of En- (3) PROPERTY.—The term ‘‘property’’ in- ergy should, not later than 180 days after re- cludes— Mr. REID. Mr. President, I ask unan- ceiving a completed application for a secu- (A) the plant; imous consent that the Committee on rity clearance under this subsection, make a (B) any land located in Sauk County, Wis- Commerce, Science, and Transpor- determination whether or not the individual consin, and managed by the Federal Govern- tation be authorized to meet during concerned is eligible for the clearance. ment relating to the plant; and the session of the Senate on November ‘‘(3) REPORT.—For fiscal year 2015, and each (C) any structure on the land described in 21, 2013, at 2:30 p.m. in room 253 of the fiscal year thereafter, the Secretary of En- subparagraph (B). Russell Senate Office Building. ergy shall include in the budget justification (b) TRANSFER OF ADMINISTRATIVE JURISDIC- The PRESIDING OFFICER. Without materials submitted to Congress in support TION.— objection, it is so ordered. of the Department of Energy budget for that (1) IN GENERAL.—There is transferred from COMMITTEE ON ENERGY AND NATURAL fiscal year (as submitted with the budget of the Secretary of Defense to the Secretary of RESOURCES the President under section 1105(a) of title the Interior administrative jurisdiction over 31, United States Code) a report specifying approximately 1,553 acres of land located Mr. REID. Mr. President, I ask unan- the number of applications for security within the boundary of the property, to be imous consent that the Committee on clearances under this subsection, the number held in trust by the Secretary of the Interior Energy and Natural Resources be au- of such applications granted, and the number for the benefit of the Ho-Chunk Nation. thorized to meet during the session of of such applications denied. (2) DATE OF TRANSFER.—The transfer under the Senate on November 21, 2013, at 9:30 ‘‘(f) INFORMATION.—The Secretary of En- paragraph (1) shall be carried out— a.m. in room SD–366 of the Dirksen ergy shall, in accordance with law, provide (A) not earlier than the date on which en- Senate Office Building. to the Board and the contractors of the vironmental remediation activities on the The PRESIDING OFFICER. Without Board, access to any information that the land transferred under paragraph (1) is final- objection, it is so ordered. Board considers relevant to carry out its re- ized; and COMMITTEE ON ENVIRONMENT AND PUBLIC sponsibilities under this section, including (B) not later than the earlier of— WORKS AND THE SUBCOMMITTEE ON CLEAN AIR information such as restricted data (as de- (i) the date that is 12 months after the date AND NUCLEAR SAFETY fined in section 11(y) of the Atomic Energy described in subparagraph (A); and Act of 1954 (42 U.S.C. 2014(y))) and informa- (ii) the date of enactment of this section. Mr. REID. Mr. President, I ask unan- tion covered by the Privacy Act. (c) RETENTION OF ENVIRONMENTAL LIABIL- imous consent that the Committee on ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ITY.— Environment and Public Works and the There is authorized to be appropriated such (1) IN GENERAL.—Subject to paragraph (2), Subcommittee on Clean Air and Nu- sums as may be necessary to carry out this beginning on the date on which the property clear Safety be authorized to meet dur- section. The provision of section 151(b) of is transferred to the Secretary of the Inte- ing the session of the Senate on No- title I of division B of Public Law 106-554 rior under subsection (b), the Department of shall not apply to funding provided to carry vember 21, 2013, at 10:15 a.m. in room Defense shall retain sole and exclusive Fed- SD–406 of the Dirksen Senate Office out this section.’’. eral responsibility and liability to fund and (b) DEPARTMENT OF LABOR RESPONSE TO Building, to conduct a hearing entitled, implement any action required under the ‘‘Oversight Hearing: NRC’s Implemen- THE OFFICE OF THE OMBUDSMAN ANNUAL RE- Comprehensive Environmental Response, PORT.—Section 3686 of the Energy Employees Compensation, and Liability Act of 1980 (42 tation of the Fukushima Near-Term Occupational Illness Compensation Program U.S.C. 9601 et seq.), the Safe Drinking Water Task Force Recommendations and Act of 2000 (42 U.S.C. 7385s–15) is amended— Act (42 U.S.C. 300f et seq.), or any other ap- other Actions to Enhance and Maintain (1) in subsection (e)(1), by striking ‘‘Feb- plicable Federal or State law. Nuclear Safety.’’ ruary 15’’ and inserting ‘‘July 30’’; and (2) LIMITATION.—The liability described in The PRESIDING OFFICER. Without (2) by striking subsection (h) and inserting paragraph (1) is limited to the remediation objection, it is so ordered. the following: of environmental contamination caused by COMMITTEE ON FOREIGN RELATIONS ‘‘(h) RESPONSE TO REPORT.—Not later than the activities of the Department of Defense 180 days after the publication of the annual Mr. REID. Mr. President, I ask unan- that existed before the date on which the report under subsection (e), the Department imous consent that the Committee on property is transferred. of Labor shall submit an answer in writing Foreign Relations be authorized to (d) EFFECT.—Except as otherwise provided on whether the Department agrees or dis- in this section, nothing in this section— meet during the session of the Senate agrees with the specific issues raised by the (1) relieves the Secretary of Defense, the on November 21, 2013, at 9:30 a.m., to Ombudsman, if the Department agrees, on Administrator of the Environmental Protec- hold a hearing entitled ‘‘Convention on the actions to be taken to correct the prob- tion Agency, the Secretary of the Interior, the Rights of Persons with Disabil- lems identified by the Ombudsman, and if or any other person from any obligation or ities.’’ the Department does not agree, on the rea- liability under any Federal or State law with The PRESIDING OFFICER. Without sons therefore. The Department of Labor respect to the plant; shall post such answer on the public Internet objection, it is so ordered. (2) affects or limits the application of, or website of the Department.’’. COMMITTEE ON THE JUDICIARY any obligation to comply with, any environ- Mr. REID. Mr. President, I ask unan- Ms. BALDWIN submitted an mental law, including— SA 2542. (A) the Comprehensive Environmental Re- imous consent that the Committee on amendment intended to be proposed to sponse, Compensation, and Liability Act of the Judiciary be authorized to meet amendment SA 2502 submitted by Ms. 1980 (42 U.S.C. 9601 et seq.); and during the session of the Senate on No- BALDWIN and intended to be proposed (B) the Solid Waste Disposal Act (42 U.S.C. vember 21, 2013, at 10 a.m., in SD–226 of to the bill S. 1197, to authorize appro- 6901 et seq.); or the Dirksen Senate Office Building.

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\CR\FM\A21NO6.069 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8528 CONGRESSIONAL RECORD — SENATE November 21, 2013 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without on November 21, 2013, at 2:15 p.m., to objection, it is so ordered. objection, it is so ordered. hold a Near Eastern and South and SELECT COMMITTEE ON INTELLIGENCE SUBCOMMITTEE ON NEAR EASTERN AND SOUTH Central Asian Affairs subcommittee Mr. REID. Mr. President, I ask unan- AND CENTRAL ASIAN AFFAIRS hearing entitled, ‘‘Political, Economic, imous consent that the Select Com- Mr. REID. Mr. President, I ask unan- And Security Situation in Africa’’. mittee on Intelligence be authorized to imous consent that the Committee on meet during the session of the Senate Foreign Relations be authorized to The PRESIDING OFFICER. Without on November 21, 2013, at 2:30 p.m.h meet during the session of the Senate objection, it is so ordered. FOREIGN TRAVEL FINANCIAL REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- ports for standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel:

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2013

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Debbie Stabenow: Brazil ...... Real ...... 1,883.00 ...... 1,883.00 Christopher Adamo: Brazil ...... Real ...... 1,883.00 ...... 1,883.00 Karla Thieman: Brazil ...... Real ...... 1,783.00 ...... 1,783.00 T.A. Hawks: Brazil ...... Real ...... 1,883.00 ...... 1,883.00 *Delegation Expenses: Brazil ...... Real ...... 6,656.00 ...... 6,656.00 Senator John Thune: Italy ...... Euro ...... 603.81 ...... 603.81 Ethiopia ...... Birr ...... 439.66 ...... 439.66 Rwanda ...... Franc ...... 700.98 ...... 700.98 Liberia ...... Dollar ...... 206.67 ...... 206.67 Spain ...... Euro ...... 247.09 ...... 247.09 Senator Mike Johanns: United States ...... Dollar ...... 156.27 ...... 156.27 Italy ...... Euro ...... 603.81 ...... 603.81 Ethiopia ...... Birr ...... 439.66 ...... 439.66 Rwanda ...... Franc ...... 548.65 ...... 548.65 Liberia ...... Dollar ...... 206.67 ...... 206.67 Spain ...... Euro ...... 247.09 ...... 247.09 *Delegation Expenses ...... 8,102.22 ...... 8,102.22 Total ...... 11,832.36 ...... 14,758.22 ...... 26,590.58 *Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR DEBBIE STABENOW, Chairman, Committee on Agriculture, Nutrition, and Forestry, Nov. 7, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2013

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Toni-Marie Higgins: Jordan ...... Dinar ...... 335.62 ...... 335.62 United Arab Emirates ...... Dirham ...... 839.14 ...... 839.14 Germany ...... Euro ...... 90.93 ...... 90.93 Turkey ...... Lira ...... 208.72 ...... 208.72 Senator John Boozman: Jordan ...... Dinar ...... 447.01 ...... 447.01 United Arab Emirates ...... Dirham ...... 863.25 ...... 863.25 Germany ...... Euro ...... 109.13 ...... 109.13 Turkey ...... Lira ...... 310.94 ...... 310.94 Senator Thad Cochran: Jordan ...... Dinar ...... 398.83 ...... 398.83 United Arab Emirates ...... Dirham ...... 863.25 ...... 863.25 Germany ...... Euro ...... 109.13 ...... 109.13 Turkey ...... Lira ...... 310.94 ...... 310.94 Kay Webber: Jordan ...... Dinar ...... 398.83 ...... 398.83 United Arab Emirates ...... Dirham ...... 839.14 ...... 839.14 Germany ...... Euro ...... 90.93 ...... 90.93 Turkey ...... Lira ...... 208.72 ...... 208.72 Senator Roy Blunt: Brazil ...... Real ...... 1,883.00 ...... 1,883.00 Stacy McBride: Brazil ...... Real ...... 1,883.00 ...... 1,883.00 Senator Richard Shelby: Cape Verde ...... Escudo ...... 203.73 ...... 203.73 South Africa ...... Rand ...... 2,085.98 ...... 2,085.98 Argentina ...... Peso ...... 1,079.30 ...... 1,079.30 Senator Thad Cochran: Cape Verde ...... Escudo ...... 203.73 ...... 203.73 South Africa ...... Rand ...... 2,085.98 ...... 2,085.98 Argentina ...... Peso ...... 1,079.30 ...... 1,079.30 Senator John Boozman: Cape Verde ...... Escudo ...... 203.73 ...... 203.73 South Africa ...... Rand ...... 1,935.98 ...... 1,935.98 Argentina ...... Peso ...... 1,029.30 ...... 1,029.30 Chris Ford: Cape Verde ...... Escudo ...... 203.73 ...... 203.73

VerDate Mar 15 2010 04:50 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00116 Fmt 0624 Sfmt 8634 E:\CR\FM\A21NO6.068 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8529 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2013—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

South Africa ...... Rand ...... 2,086.00 ...... 2,086.00 Argentina ...... Peso ...... 1,079.30 ...... 1,079.30 Anne Caldwell: Cape Verde ...... Escudo ...... 203.73 ...... 203.73 South Africa ...... Rand ...... 2,085.98 ...... 2,085.98 Argentina ...... Peso ...... 1,079.30 ...... 1,079.30 Kay Webber: Cape Verde ...... Escudo ...... 203.73 ...... 203.73 South Africa ...... Rand ...... 2,085.98 ...... 2,085.98 Argentina ...... Peso ...... 1,079.30 ...... 1,079.30 Senator Barbara Mikulski: Poland ...... Zloty ...... 504.00 ...... 504.00 United States ...... Dollar ...... 9,007.90 ...... 9,007.90 Shannon Kula: Poland ...... Zloty ...... 1,219.23 ...... 1,219.23 United States ...... Dollar ...... 10,214.30 ...... 10,214.30 Jean Doyle: Poland ...... Zloty ...... 1,219.23 ...... 1,219.23 United States ...... Dollar ...... 10,214.30 ...... 10,214.30 Alycia Farrell: South Korea ...... Won ...... 1,012.54 ...... 176.00 ...... 1,188.54 United States ...... Dollar ...... 11,325.51 ...... 11,325.51 Dennis Balkham: South Korea ...... Won ...... 1,012.54 ...... 1,012.54 United States ...... Dollar ...... 11,325.51 ...... 11,325.51 Paul Grove: Italy ...... Euro ...... 532.33 ...... 532.33 Rwanda ...... Franc ...... 1,717.99 ...... 1,717.99 Ethiopia ...... Birr ...... 354.98 ...... 354.98 Liberia ...... Dollar ...... 252.00 ...... 252.00 Spain ...... Euro ...... 158.00 ...... 158.00 *Delegation Expenses: Argentina ...... Peso ...... 890.64 ...... 890.64 Brazil ...... Real ...... 3,328.00 ...... 3,328.00 Cape Verde ...... Escudo ...... 170.40 ...... 2,136.84 ...... 2,307.24 Dem. Rep. Congo ...... Franc ...... 285.90 ...... 285.90 Ethiopia ...... Birr ...... 497.60 ...... 23.05 ...... 520.65 Italy ...... Euro ...... 421.05 ...... 388.22 ...... 809.27 Jordan ...... Dinar ...... 103.16 ...... 1,087.68 ...... 1,190.84 Liberia ...... Dollar ...... 35.08 ...... 179.89 ...... 214.97 Poland ...... Zloty ...... 813.77 ...... 813.77 Rwanda ...... Franc ...... 1,697.75 ...... 1,697.75 South Africa ...... Rand ...... 2,940.48 ...... 1,681.02 ...... 4,621.50 South Korea ...... Won ...... 438.24 ...... 380.71 ...... 818.95 Spain ...... Euro ...... 117.05 ...... 461.19 ...... 578.24 Turkey ...... Lira ...... 206.88 ...... 116.16 ...... 323.04 United Arab Emirates ...... Dirham ...... 1,900.52 ...... 1,900.52 Total ...... 38,187.43 ...... 57,017.46 ...... 15,547.34 ...... 110,752.23 *Delegation expenses include payments and reimbursements to the Department of State under the authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR BARBARA A. MIKULSKI, Chairman, Committee on Appropriations, Nov. 5, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2013

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator John McCain: Turkey ...... Lira ...... 529.93 ...... 529.93 Iraq ...... Dinar ...... 93.95 ...... 93.95 Israel ...... Shekel ...... 505.72 ...... 505.72 Qatar ...... Riyal ...... 615.80 ...... 615.80 Afghanistan ...... Afghani ...... 43.90 ...... 43.90 United States ...... Dollar ...... 16,720.90 ...... 16,720.90 Christian D. Brose: Turkey ...... Lira ...... 537.76 ...... 537.76 Iraq ...... Dinar ...... 61.00 ...... 61.00 Israel ...... Shekel ...... 538.00 ...... 538.00 Qatar ...... Riyal ...... 328.00 ...... 328.00 Afghanistan ...... Afghani ...... 78.00 ...... 78.00 United States ...... Dollar ...... 16,685.00 ...... 16,685.00 Margaret Goodlander: Turkey ...... Lira ...... 678.43 ...... 678.43 Iraq ...... Dinar ...... 93.95 ...... 93.95 Israel ...... Shekel ...... 516.37 ...... 516.37 Qatar ...... Riyal ...... 480.65 ...... 480.65 United States ...... Dollar ...... 16,700.90 ...... 16,700.90 Senator Lindsey Graham: Turkey ...... Lira ...... 157.93 ...... 157.93 Iraq ...... Dinar ...... 93.95 ...... 93.95 Israel ...... Shekel ...... 147.37 ...... 147.37 Qatar ...... Riyal ...... 298.79 ...... 298.79 Afghanistan ...... Afghani ...... 43.90 ...... 43.90 United States ...... Dollar ...... 12,587.90 ...... 12,587.90 *Delegation Expenses: Turkey ...... Lira ...... 210.00 ...... 104.27 ...... 314.27 Iraq ...... Dinar ...... 9,200.00 ...... 9,200.00 Israel ...... Shekel ...... 1,298.24 ...... 5,428.11 ...... 6,726.35 United Arab Emirates ...... Dirham ...... 758.80 ...... 758.80 Senator Carl Levin: Turkey ...... Lira ...... 181.00 ...... 181.00 Jordan ...... Dinar ...... 573.00 ...... 573.00 United States ...... Dollar ...... 11,400.00 ...... 11,400.00 Peter K. Levine: Turkey ...... Lira ...... 255.50 ...... 255.50 Jordan ...... Dinar ...... 840.08 ...... 840.08

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00117 Fmt 0624 Sfmt 8634 E:\CR\FM\A21NO6.078 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8530 CONGRESSIONAL RECORD — SENATE November 21, 2013 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2013—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

United States ...... Dollar ...... 9,390.00 ...... 9,390.00 Michael J. Kuiken: Turkey ...... Lira ...... 342.50 ...... 342.50 Jordan ...... Dinar ...... 840.08 ...... 840.08 United States ...... Dollar ...... 9,425.00 ...... 9,425.00 Senator Angus S. King, Jr: Turkey ...... Lira ...... 337.50 ...... 337.50 Jordan ...... Dinar ...... 770.08 ...... 770.08 United States ...... Dollar ...... 9,400.00 ...... 9,400.00 Stephen M. Smith: Turkey ...... Lira ...... 285.50 ...... 285.50 Jordan ...... Dinar ...... 840.08 ...... 840.08 United States ...... Dollar ...... 9,396.00 ...... 9,396.00 *Delegation Expenses: Turkey ...... Lira ...... 282.05 ...... 2,219.32 ...... 2,501.37 Jordan ...... Dinar ...... 327.60 ...... 935.46 ...... 1,263.06 Adam J. Barker: Yemen ...... Rial ...... 745.00 ...... 745.00 Qatar ...... Riyal ...... 742.00 ...... 742.00 United States ...... Dollar ...... 10,057.70 ...... 10,057.70 Senator Tim Kaine: Turkey ...... Lira ...... 338.87 ...... 338.87 Jordan ...... Dinar ...... 375.12 ...... 375.12 United Arab Emirates ...... Dirham ...... 613.91 ...... 613.91 Germany ...... Euro ...... 131.33 ...... 131.33 Karen E. Courington: Turkey ...... Lira ...... 299.00 ...... 299.00 Jordan ...... Dinar ...... 317.33 ...... 317.33 United Arab Emirates ...... Dirham ...... 688.61 ...... 688.61 Germany ...... Euro ...... 85.54 ...... 85.54 Senator Jeff Sessions: Turkey ...... Lira ...... 316.21 ...... 316.21 Jordan ...... Dinar ...... 453.32 ...... 453.32 United Arab Emirates ...... Dirham ...... 713.91 ...... 713.91 Germany ...... Euro ...... 213.26 ...... 213.26 Sandra E. Luff: Turkey ...... Lira ...... 297.10 ...... 297.10 Jordan ...... Dinar ...... 403.03 ...... 403.03 United Arab Emirates ...... Dirham ...... 954.55 ...... 954.55 Germany ...... Euro ...... 155.89 ...... 155.89 Senator Deb Fischer: Turkey ...... Lira ...... 118.28 ...... 118.28 Jordan ...... Dinar ...... 334.69 ...... 334.69 United Arab Emirates ...... Dirham ...... 414.97 ...... 414.97 Germany ...... Euro ...... 350.44 ...... 350.44 *Delegation Expenses: Turkey ...... Lira ...... 250.00 ...... 184.62 ...... 434.62 Jordan ...... Dinar ...... 128.95 ...... 1,359.58 ...... 1.488.53 United Arab Emirates ...... Dirham ...... 3,649.68 ...... 3,649.68 Senator Roger Wicker: Turkey ...... Lira ...... 724.00 ...... 724.00 Azerbaijan ...... Manat ...... 166.22 ...... 166.22 Hungary ...... Forint ...... 300.00 ...... 300.00 Joseph G. Lai: Turkey ...... Lira ...... 724.00 ...... 724.00 Azerbaijan ...... Manat ...... 166.22 ...... 166.22 Hungary ...... Forint ...... 300.00 ...... 300.00 *Delegation Expenses: Turkey ...... Lira ...... 116.10 ...... 116.10 Azerbaijan ...... Manat ...... 78.94 ...... 78.94 Hungary ...... Forint ...... 9.19 ...... 9.19 Senator Bill Nelson: Belgium ...... Euro ...... 155.00 ...... 155.00 Luxembourg ...... Euro ...... 1,920.00 ...... 1,920.00 United States ...... Dollar ...... 31,498.20 ...... 31,498.20 *Delegation Expenses: Belgium ...... Euro ...... 10.04 ...... 10.04 Luxembourg ...... Euro ...... 9,660.90 ...... 4,777.76 ...... 14,438.66 Thomas W. Goffus: Turkey ...... Lira ...... 1,365.00 ...... 1,365.00 United States ...... Dollar ...... 10,249.90 ...... 10,249.90 Senator Bill Nelson: Haiti ...... Gourde ...... 245.00 ...... 1,442.14 ...... 1,687.14 Marin Stein: Haiti ...... Gourde ...... 262.00 ...... 1,642.10 ...... 1,904.10 *Delegation Expenses: Haiti ...... Gourde ...... 1,220.00 ...... 8,770.00 ...... 9,990.00 Senator John McCain: Egypt ...... Pound ...... 252.52 ...... 252.52 Christian D. Brose: Egypt ...... Pound ...... 317.12 ...... 317.12 Senator Lindsey Graham: Egypt ...... Pound ...... 252.52 ...... 252.52 Craig Abele: Egypt ...... Pound ...... 262.00 ...... 262.00 *Delegation Expenses: Egypt ...... Pound ...... 362.00 ...... 362.00 Senator Joe Manchin III: South Africa ...... Rand ...... 186.38 ...... 186.38 Argentina ...... Peso ...... 108.99 ...... 108.99 David LaPorte: South Africa ...... Rand ...... 161.37 ...... 161.37 Argentina ...... Peso ...... 208.08 ...... 208.08 *Delegation Expenses: Cape Verde ...... Escudo ...... 769.08 ...... 769.08 South Africa ...... Rand ...... 1,540.50 ...... 1,540.50 Argentina ...... Peso ...... 296.88 ...... 296.88 Michael J. Kuiken: Singapore ...... Dollar ...... 178.00 ...... 178.00 Thailand ...... Baht ...... 417.71 ...... 417.71 Philippines ...... Peso ...... 1,015.00 ...... 1,015.00 Vietnam ...... Dong ...... 462.00 ...... 462.00 United States ...... Dollar ...... 10,498.20 ...... 10,498.20 Adam J. Barker: Singapore ...... Dollar ...... 912.66 ...... 912.66

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00118 Fmt 0624 Sfmt 8634 E:\CR\FM\A21NO6.078 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8531 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2013—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Thailand ...... Baht ...... 502.00 ...... 502.00 Philippines ...... Peso ...... 853.00 ...... 853.00 Vietnam ...... Dong ...... 468.45 ...... 468.45 United States ...... Dollar ...... 16,123.70 ...... 16,123.70 Ozge Guzelsu: Thailand ...... Baht ...... 478.00 ...... 478.00 Philippines ...... Peso ...... 858.00 ...... 858.00 Vietnam ...... Dong ...... 386.00 ...... 386.00 United States ...... Dollar ...... 18,874.00 ...... 18,874.00 Thomas W. Goffus: Singapore ...... Dollar ...... 912.66 ...... 912.66 Thailand ...... Baht ...... 502.00 ...... 502.00 Philippines ...... Peso ...... 853.00 ...... 853.00 Vietnam ...... Dong ...... 468.45 ...... 468.45 United States ...... Dollar ...... 16,123.70 ...... 16,123.70 *Delegation Expenses: Singapore ...... Dollar ...... 691.96 ...... 691.96 Thailand ...... Baht ...... 306.73 ...... 306.73 Philippines ...... Peso ...... 576.26 ...... 576.26 Vietnam ...... Dong ...... 45.08 ...... 45.08 Jonathan Epstein: Russia ...... Ruble ...... 1,136.00 ...... 1,136.00 Azerbaijan ...... Manat ...... 796.00 ...... 796.00 Georgia ...... Lari ...... 596.00 ...... 596.00 Belgium ...... Euro ...... 1,439.00 ...... 1,439.00 Jordan ...... Dinar ...... 810.81 ...... 810.81 United States ...... Dollar ...... 16,444.60 ...... 16,444.60 Daniel Lerner: Russia ...... Ruble ...... 1,136.00 ...... 1,136.00 Azerbaijan ...... Manat ...... 796.00 ...... 796.00 Georgia ...... Lari ...... 596.00 ...... 596.00 Belgium ...... Euro ...... 321.00 ...... 321.00 Jordan ...... Dinar ...... 810.81 ...... 810.81 United States ...... Dollar ...... 16,730.20 ...... 16,730.20 *Delegation Expenses: Russia ...... Ruble ...... 700.00 ...... 700.00 Georgia ...... Lari ...... 669.15 ...... 669.15 Belgium ...... Euro ...... 341.26 ...... 341.26 Jordan ...... Dinar ...... 191.52 ...... 326.93 ...... 518.45 Senator John McCain: Japan ...... Yen ...... 209.81 ...... 209.81 China ...... Renminbi ...... 289.45 ...... 289.45 Mongolia ...... Togrog ...... 621.02 ...... 621.02 South Korea ...... Won ...... 266.70 ...... 266.70 United States ...... Dollar ...... 15,835.90 ...... 15,835.90 Christian D. Brose: Japan ...... Yen ...... 668.00 ...... 668.00 China ...... Renminbi ...... 387.34 ...... 387.34 Mongolia ...... Togrog ...... 497.00 ...... 497.00 South Korea ...... Won ...... 373.25 ...... 373.25 United States ...... Dollar ...... 15,835.90 ...... 15,835.90 *Delegation Expenses: Japan ...... Yen ...... 1,771.65 ...... 1,771.65 China ...... Renminbi ...... 881.78 ...... 753.22 ...... 1,635.00 Mongolia ...... Togrog ...... 2,327.42 ...... 4,812.02 ...... 7,139.44 South Korea ...... Won ...... 1,855.64 ...... 1,855.64 Senator Lindsey Graham: United States ...... Dollar ...... 156.27 ...... 156.27 Italy ...... Euro ...... 602.54 ...... 602.54 Ethiopia ...... Birr ...... 479.36 ...... 479.36 Rwanda ...... Franc ...... 606.73 ...... 606.73 Liberia ...... Dollar ...... 406.67 ...... 406.67 Spain ...... Euro ...... 274.19 ...... 274.19 Andrew King: United States ...... Dollar ...... 156.27 ...... 156.27 Italy ...... Euro ...... 602.54 ...... 602.54 Ethiopia ...... Birr ...... 442.08 ...... 442.08 Rwanda ...... Franc ...... 563.65 ...... 563.65 Liberia ...... Dollar ...... 206.67 ...... 206.67 Spain ...... Euro ...... 274.19 ...... 274.19 Virginia Boney: United States ...... Dollar ...... 156.27 ...... 156.27 Italy ...... Euro ...... 602.54 ...... 602.54 Ethiopia ...... Birr ...... 438.53 ...... 438.53 Rwanda ...... Franc ...... 563.65 ...... 563.65 Liberia ...... Dollar ...... 206.67 ...... 206.67 Spain ...... Euro ...... 274.19 ...... 274.19 Senator Saxby Chambliss: Italy ...... Euro ...... 625.33 ...... 625.33 Ethiopia ...... Birr ...... 447.98 ...... 447.98 Rwanda ...... Franc ...... 1,017.00 ...... 1,017.00 Liberia ...... Dollar ...... 345.00 ...... 345.00 Spain ...... Euro ...... 316.00 ...... 316.00 Senator Roy Blunt: Italy ...... Euro ...... 623.07 ...... 623.07 Ethiopia ...... Birr ...... 438.53 ...... 438.53 Rwanda ...... Franc ...... 699.39 ...... 699.39 Liberia ...... Dollar ...... 206.67 ...... 206.67 Spain ...... Euro ...... 274.19 ...... 274.19 *Delegation Expenses: Italy ...... Euro ...... 4,046.40 ...... 4,046.40 Ethiopia ...... Birr ...... 2,603.25 ...... 2,603.25 Rwanda ...... Franc ...... 8,488.75 ...... 8,488.75 Congo ...... Franc ...... 1,429.50 ...... 1,429.50 Liberia ...... Dollar ...... 1,074.85 ...... 1,074.85 Spain ...... Euro ...... 2,891.20 ...... 2,891.20 Senator Kirsten Gillibrand: United States ...... Dollar ...... 639.04 ...... 639.04 Hong Kong ...... Dollar ...... 802.09 ...... 802.09 Japan ...... Yen ...... 250.12 ...... 250.12 South Korea ...... Won ...... 565.90 ...... 565.90 China ...... Renminbi ...... 341.55 ...... 341.55 Jess Fassler: United States ...... Dollar ...... 630.04 ...... 630.04 Hong Kong ...... Dollar ...... 765.02 ...... 765.02

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00119 Fmt 0624 Sfmt 8634 E:\CR\FM\A21NO6.078 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8532 CONGRESSIONAL RECORD — SENATE November 21, 2013 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2013—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Japan ...... Yen ...... 250.27 ...... 250.27 South Korea ...... Won ...... 593.28 ...... 593.28 China ...... Renminbi ...... 341.55 ...... 341.55 Moran Banai: United States ...... Dollar ...... 630.04 ...... 630.04 Hong Kong ...... Dollar ...... 765.02 ...... 765.02 Japan ...... Yen ...... 219.93 ...... 219.93 South Korea ...... Won ...... 553.75 ...... 553.75 China ...... Renminbi ...... 341.55 ...... 341.55 Senator Mazie K. Hirono: Hong Kong ...... Dollar ...... 394.00 ...... 394.00 Japan ...... Yen ...... 209.21 ...... 209.21 South Korea ...... Won ...... 502.38 ...... 502.38 China ...... Renminbi ...... 339.00 ...... 339.00 Nick Ikeda: Hong Kong ...... Dollar ...... 370.99 ...... 370.99 Japan ...... Yen ...... 203.40 ...... 203.40 South Korea ...... Won ...... 445.55 ...... 445.55 China ...... Renminbi ...... 414.99 ...... 414.99 *Delegation Expenses: Hong Kong ...... Dollar ...... 426.35 ...... 426.35 Japan ...... Yen ...... 3,518.59 ...... 3,518.59 South Korea ...... Won ...... 1,078.72 ...... 1,078.72 China ...... Renminbi ...... 440.96 ...... 1,986.54 ...... 2,427.50 Total ...... 88,560.36 ...... 303,452.42 ...... 71,072.42 ...... 463,085.20 *Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR CARL LEVIN, Chairman, Committee on Armed Services, Nov. 7, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2013

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Mike Crapo: Turkey ...... Lira ...... 1,991.00 ...... 1,991.00 Azerbaijan ...... Manat ...... 437.00 ...... 437.00 Hungary ...... Forint ...... 656.00 ...... 656.00 Karen P. Brown: Turkey ...... Lira ...... 1,991.00 ...... 1,991.00 Azerbaijan ...... Manat ...... 437.00 ...... 437.00 Hungary ...... Forint ...... 656.00 ...... 656.00 Total ...... 6,168.00 ...... 6,168.00 SENATOR TIM JOHNSON, Chairman, Committee on Banking, Housing, and Urban Affairs, Oct. 17, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2013

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Barbara Boxer: United States ...... Dollar ...... 13,860.30 ...... 13,860.30 Australia ...... Dollar ...... 2,962.01 ...... 2,962.01 Paul Ordal: United States ...... Dollar ...... 17,274.30 ...... 17,274.30 Australia ...... Dollar ...... 5,082.28 ...... 5,082.28 Joseph Mendelson III: United States ...... Dollar ...... 17,490.00 ...... 17,490.00 Australia ...... Dollar ...... 3,901.78 ...... 3,901.78 Bettina Poirier: United States ...... Dollar ...... 18,620.20 ...... 18,620.20 Australia ...... Dollar ...... 3,753.52 ...... 3,753.52 Total ...... 15,699.59 ...... 67,244.80 ...... 82,944.39 SENATOR BARBARA BOXER, Chairman, Committee on Environment and Public Works, Nov. 7, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2013

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator John Cornyn: Cape Verde ...... Escudo ...... 203.73 ...... 203.73 South Africa ...... Rand ...... 1,778.64 ...... 1,778.64 Argentina ...... Peso ...... 746.50 ...... 746.50 Senator Pat Roberts: Cape Verde ...... Escudo ...... 203.73 ...... 203.73

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00120 Fmt 0624 Sfmt 8634 E:\CR\FM\A21NO6.078 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8533 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2013—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

South Africa ...... Rand ...... 1,704.76 ...... 1,704.76 Argentina ...... Peso ...... 734.26 ...... 734.26 Jacqueline Cottrell: Cape Verde ...... Escudo ...... 203.73 ...... 203.73 South Africa ...... Rand ...... 1,721.17 ...... 1,721.17 Argentina ...... Peso ...... 796.10 ...... 796.10 Russell Thomasson: Cape Verde ...... Escudo ...... 203.73 ...... 203.73 South Africa ...... Rand ...... 1,855.93 ...... 1,855.93 Argentina ...... Peso ...... 748.22 ...... 748.22 Senator Johnny Isakson: Ethiopia ...... Birr ...... 934.41 ...... 934.41 United States ...... Dollar ...... 12,982.30 ...... 12,982.30 Christopher Sullivan: Ethiopia ...... Birr ...... 987.04 ...... 987.04 United States ...... Dollar ...... 8,804.30 ...... 8,804.30 Shane Warren: Ethiopia ...... Birr ...... 795.50 ...... 795.50 United States ...... Dollar ...... 8,755.50 ...... 8,755.50 *Delegation Expenses: United States ...... Dollar ...... 234.16 ...... 234.16 Laura Rauch: Jordan ...... Dinar ...... 608.81 ...... 608.81 United Arab Emirates ...... Dirham ...... 347.07 ...... 347.07 Afghanistan ...... Dollar ...... 12.00 ...... 12.00 Total ...... 14,585.33 ...... 30,542.10 ...... 234.16 ...... 45,361.59 *Delegation expenses include transportation, embassy overtime, as well as official expenses in accordance with the responsibilities of the host country. SENATOR MAX BAUCUS, Chairman, Committee on Finance, Nov. 8, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2013

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator John Barrasso: Bahrain ...... Dinar ...... 188.14 ...... 188.14 United States ...... Dollar ...... 10,267.00 ...... 10,267.00 John D. Kunsman: Bahrain ...... Dinar ...... 196.63 ...... 196.63 United States ...... Dollar ...... 9,296.00 ...... 9,296.00 *Delegation Expenses: Bahrain ...... Dinar ...... 662.73 ...... 662.73 Senator John Barrasso: Italy ...... Euro ...... 603.81 ...... 603.81 Ethiopia ...... Birr ...... 439.66 ...... 439.66 Rwanda ...... Franc ...... 922.92 ...... 922.92 Liberia ...... Dollar ...... 206.67 ...... 206.67 Spain ...... Euro ...... 247.09 ...... 247.09 *Delegation Expenses: Italy ...... Euro ...... 809.27 ...... 809.27 Ethiopia ...... Birr ...... 520.65 ...... 520.65 Rwanda ...... Franc ...... 1,697.74 ...... 1,697.74 Dem. Rep. of Congo ...... Franc ...... 285.90 ...... 285.90 Liberia ...... Dollar ...... 214.89 ...... 214.89 Spain ...... Euro ...... 578.24 ...... 578.24 Senator Christopher Coons: Liberia ...... Dollar ...... 694.83 ...... 694.83 United States ...... Dollar ...... 12,052.00 ...... 12,052.00 Christina Gleason: Liberia ...... Dollar ...... 687.13 ...... 687.13 United States ...... Dollar ...... 12,052.00 ...... 12,052.00 *Delegation Expenses: Liberia ...... Dollar ...... 181.52 ...... 181.52 Senator Bob Corker: United Arab Emirates ...... Dirham ...... 345.14 ...... 345.14 Pakistan ...... Rupee ...... 7.00 ...... 7.00 Afghanistan ...... Afghani ...... 12.00 ...... 12.00 United States ...... Dollar ...... 12,369.98 ...... 12,369.98 Jamil Jaffer: United Arab Emirates ...... Dirham ...... 345.22 ...... 345.22 Pakistan ...... Rupee ...... 62.00 ...... 62.00 Afghanistan ...... Afgani ...... 26.00 ...... 26.00 United States ...... Dollar ...... 11,754.10 ...... 11,754.10 Michael Phelan: United Arab Emirates ...... Dirham ...... 361.21 ...... 361.21 Pakistan ...... Rupee ...... 62.00 ...... 62.00 Afghanistan ...... Afghani ...... 12.00 ...... 12.00 United States ...... Dollar ...... 11,959.79 ...... 11,959.79 *Delegation Expenses: United Arab Emirates ...... Dirham ...... 1,558.91 ...... 1,558.91 Pakistan ...... Rupee ...... 1,047.92 ...... 1,047.92 Senator Bob Corker: Turkey ...... Lira ...... 203.97 ...... 203.97 Jordan ...... Dinar ...... 608.83 ...... 608.83 United States ...... Dollar ...... 16,444.10 ...... 16,444.10 Stacie Oliver: Turkey ...... Lira ...... 240.43 ...... 240.43 Iraq ...... Dinar ...... 30.00 ...... 30.00 Jordan ...... Dinar ...... 609.12 ...... 609.12 United States ...... Dollar ...... 15,590.10 ...... 15,590.10 Jamil Jaffer: Turkey ...... Lira ...... 250.43 ...... 250.43 Iraq ...... Dinar ...... 40.00 ...... 40.00 Jordan ...... Dinar ...... 610.12 ...... 610.12 United States ...... Dollar ...... 5,353.50 ...... 5,353.50 *Delegation Expenses: Turkey ...... Lira ...... 2,897.29 ...... 2,897.29

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00121 Fmt 0624 Sfmt 8634 E:\CR\FM\A21NO6.078 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8534 CONGRESSIONAL RECORD — SENATE November 21, 2013 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2013—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Iraq ...... Dinar ...... 8,820.00 ...... 8,820.00 Jordan ...... Dinar ...... 754.28 ...... 754.28 United Arab Emirates: ...... Dirham ...... 322.37 ...... 322.37 Senator Jeff Flake: South Africa ...... Rand ...... 2,094.87 ...... 2,094.87 Cape Verde ...... Escudo ...... 203.73 ...... 203.73 Argentina ...... Peso ...... 1,079.30 ...... 1,079.30 Chandler Morse: South Africa ...... Rand ...... 1,630.43 ...... 1,630.43 Cape Verde ...... Escudo ...... 203.73 ...... 203.73 Argentina ...... Peso ...... 930.51 ...... 930.51 *Delegation Expenses: South Africa ...... Rand ...... 1,540.50 ...... 1,540.50 Cape Verde ...... Escudo ...... 769.07 ...... 769.07 Argentina ...... Peso ...... 296.88 ...... 296.88 Senator Robert Menendez: Japan ...... Yen ...... 939.25 ...... 939.25 Taiwan ...... New Dollar ...... 481.90 ...... 481.90 Korea ...... Won ...... 591.05 ...... 591.05 China ...... Yuan Renminbi ...... 819.31 ...... 819.31 United States ...... Dollar ...... 15,393.30 ...... 15,393.30 Daniel O’Brien: Japan ...... Yen ...... 939.25 ...... 939.25 Taiwan ...... New Dollar ...... 481.90 ...... 481.90 Korea ...... Won ...... 591.05 ...... 591.05 China ...... Yuan Renminbi ...... 819.31 ...... 819.31 United States ...... Dollar ...... 15,771.80 ...... 15,771.80 Rolfe Michael Schiffer: Japan ...... Yen ...... 949.27 ...... 949.27 Taiwan ...... New Dollar ...... 612.80 ...... 612.80 Korea ...... Baht ...... 740.74 ...... 740.74 China ...... Yuan Renminbi ...... 869.98 ...... 869.98 United States ...... Dollar ...... 14,144.50 ...... 14,144.50 *Delegation Expenses: Taiwan ...... New Dollar ...... 692.84 ...... 692.84 Korea ...... Baht ...... 1,726.20 ...... 1,726.20 China ...... Yuan Renminbi ...... 1,278.38 ...... 1,278.38 Jaime Fly: Turkey ...... Lira ...... 1,285.41 ...... 1,285.41 United States ...... Dollar ...... 2,978.70 ...... 2,978.70 Caleb McCarry: Turkey ...... Lira ...... 1,330.00 ...... 1,330.00 United States ...... Dollar ...... 2,881.60 ...... 2,881.60 *Delegation Expenses: Turkey ...... Lira ...... 2,387.41 ...... 2,387.41 Terrell Henry: Bangladesh ...... Rupee ...... 1,047.37 ...... 1,047.37 United States ...... Dollar ...... 6,042.40 ...... 6,042.40 Clyde Hicks: Qatar ...... Riyal ...... 185.39 ...... 185.39 Nepal ...... Rupee ...... 348.82 ...... 348.82 Sri Lanka ...... Rupee ...... 481.22 ...... 481.22 United States ...... Dollar ...... 4,914.70 ...... 4,914.70 Morgan Roach: Qatar ...... Riyal ...... 185.39 ...... 185.39 Nepal ...... Rupee ...... 373.81 ...... 373.81 Sri Lanka ...... Rupee ...... 415.22 ...... 415.22 United States ...... Dollar ...... 4,780.70 ...... 4,780.70 Jamil Jaffer: Israel ...... Shekel ...... 1,545.00 ...... 1,545.00 United States ...... Dollar ...... 7,909.57 ...... 7,909.57 Caroline Vik: Israel ...... Shekel ...... 1,384.00 ...... 1,384.00 United States ...... Dollar ...... 1,470.97 ...... 1,470.97 Caleb McCarry: Mexico ...... Peso ...... 1,761.86 ...... 1,761.86 United States ...... Dollar ...... 1,981.61 ...... 1,981.61 John Zadrozny: Mexico ...... Peso ...... 1,618.86 ...... 1,618.86 United States ...... Dollar ...... 1,981.61 ...... 1,981.61 *Delegation Expenses: Mexico ...... Peso ...... 406.00 ...... 406.00 Ann Norris: Australia ...... Dollar ...... 2,875.00 ...... 2,875.00 United States ...... Dollar ...... 15,517.10 ...... 15,517.10 *Delegation Expenses: Australia ...... Dollar ...... 1,381.00 ...... 1,381.00 Total ...... 37,828.08 ...... 212,907.13 ...... 30,829.99 ...... 281,565.20 *Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR ROBERT MENENDEZ, Chairman, Committee on Foreign Relations, Oct. 24, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE JUDICIARY FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2013

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Sheldon Whitehouse: United States ...... Dollar ...... 10,641.90 ...... 10,641.90 China ...... Yuan Renminbi ...... 658.45 ...... 658.45 Mongolia ...... Tugrik ...... 809.68 ...... 809.68 South Korea ...... Won ...... 399.90 ...... 399.90 *Delegation Expenses: China ...... Yuan Renminbi ...... 545.00 ...... 545.00 Mongolia ...... Tugrik ...... 3,056.43 ...... 3,056.43 South Korea ...... Won ...... 618.55 ...... 618.55

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00122 Fmt 0624 Sfmt 8634 E:\CR\FM\A21NO6.078 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8535 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE JUDICIARY FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2013—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator John Cornyn: Turkey ...... Lira ...... 221.20 ...... 221.20 Jordan ...... Dinar ...... 415.84 ...... 415.84 United Arab Emirates ...... Dirham ...... 881.27 ...... 881.27 Germany ...... Euro ...... 455.77 ...... 455.77 Elizabeth Jafari: Turkey ...... Lira ...... 220.49 ...... 220.49 Jordan ...... Dinar ...... 373.21 ...... 373.21 United Arab Emirates ...... Dirham ...... 829.24 ...... 828.24 Germany ...... Euro ...... 259.83 ...... 259.83 Sidney Jerr Rosenbaum: Turkey ...... Lira ...... 340.25 ...... 340.25 Jordan ...... Dinar ...... 283.01 ...... 283.01 United Arab Emirates ...... Dirham ...... 746.68 ...... 746.68 Germany ...... Euro ...... 317.74 ...... 317.74 Grace Smitham: Turkey ...... Lira ...... 217.74 ...... 217.74 Jordan ...... Dinar ...... 343.48 ...... 343.48 United Arab Emirates ...... Dirham ...... 694.35 ...... 694.35 Germany ...... Euro ...... 239.83 ...... 239.83 *Delegation Expenses: Turkey ...... Lira ...... 323.06 ...... 323.06 Jordan ...... Dinar ...... 1,190.84 ...... 1,190.84 United Arab Emirates ...... Dirham ...... 1,900.50 ...... 1,900.50 Germany ...... Euro ...... 1,019.24 ...... 1,019.24 Total ...... 8,707.96 ...... 10,641.90 ...... 8,653.62 ...... 28,003.48 *Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR PATRICK J. LEAHY, Chairman, Committee on the Judiciary, Nov. 7, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2013

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Tressa Guenov ...... 1,215.00 ...... 1,215.00 Dollar ...... 4,792.70 ...... 4,792.70 Michael Buchwald ...... 1,399.76 ...... 1,399.76 Dollar ...... 4,504.95 ...... 4,504.95 Tyler Stephens ...... 1,360.00 ...... 1,360.00 Dollar ...... 4,792.70 ...... 4,792.70 Senator Ron Wyden ...... 1,546.00 ...... 1,546.00 Dollar ...... 12,789.50 ...... 12,789.50 Isaiah Akin ...... 1,554.00 ...... 1,554.00 Dollar ...... 12,789.50 ...... 12,789.50 Total ...... 7,074.76 ...... 39,669.35 ...... 46,744.11 SENATOR DIANNE FEINSTEIN, Chairman, Committee on Intelligence, Oct. 17, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMISSION ON SECURITY AND COOPERATION IN EUROPE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2013

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Fred Turner: Turkey ...... Lira ...... 1,656.00 ...... 1,656.00 Azerbaijan ...... Manat ...... 361.78 ...... 361.78 Hungary ...... Forint ...... 506.00 ...... 506.00 Poland ...... Zoloty ...... 785.76 ...... 785.76 United States ...... Dollar ...... 1,369.00 ...... 1,369.00 Robert Hand: Turkey ...... Lira ...... 1,646.99 ...... 1,646.99 Azerbaijan ...... Manat ...... 361.78 ...... 361.78 Hungary ...... Forint ...... 506.00 ...... 506.00 United States ...... Dollar ...... 2,511.10 ...... 2,511.10 Allison Hollabaugh: Turkey ...... Lira ...... 1,777.07 ...... 1,777.07 United States ...... Dollar ...... 3,022.90 ...... 3,022.90 Shelly Han: Czech Republic ...... Koruna ...... 1,582.00 ...... 1,582.00 United States ...... Dollar ...... 1,734.90 ...... 1,734.90 Marlene Kaufmann: Turkey ...... Lira ...... 639.00 ...... 639.00 Jordan ...... Dinar ...... 688.83 ...... 688.83 United States ...... Dollar ...... 7,252.10 ...... 7,252.10 Alex Johnson: Turkey ...... Lira ...... 1,704.00 ...... 1,704.00 Azerbaijan ...... Manat ...... 447.28 ...... 447.28 United States ...... Dollar ...... 438.51 ...... 438.51 Austria ...... Euro ...... 12,640.00 ...... 12,640.00 United States ...... Dollar ...... 861.20 ...... 861.20 Poland ...... Zloty ...... 1,463.52 ...... 1,463.52 United States ...... Dollar ...... 1,319.19 ...... 1,319.19 Total ...... 26,766.01 ...... 18,508.90 ...... 45,274.91 SENATOR BENJAMIN L. CARDIN, Chairman, Commission on Security and Cooperation in Europe, Oct. 18, 2013.

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Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Anna Brettell: Hong Kong ...... Dollar ...... 1,480.83 ...... 24.51 ...... 1,505.34 China (PRC) ...... Yuan ...... 3,151.85 ...... 3,151.85 United States ...... Dollar ...... 3,672.00 ...... 3,672.00 Jesse Heatley: Hong Kong ...... Dollar ...... 493.61 ...... 24.51 ...... 518.12 China (PRC) ...... Yuan ...... 3,151.85 ...... 3,151.85 United States ...... Dollar ...... 3,672.00 ...... 3,672.00 *Delegation Expenses ...... 9,305.76 ...... 9,305.76

Total ...... 8,278.14 ...... 7,393.02 ...... 9,305.76 ...... 24,976.92 *Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR SHERROD BROWN, Chairman, Congressional-Executive Commission on China, Nov. 12, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), MAJORITY LEADER FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2013

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Gary Myrick: Cape Verde ...... Escudo ...... 203.73 ...... 384.54 ...... 588.27 South Africa ...... Rand ...... 2,037.94 ...... 2,321.83 ...... 4,359.77 Argentina ...... Peso ...... 917.26 ...... 148.44 ...... 1,065.70 Thomas Ross: United States ...... Dollar ...... 16,604.50 ...... 16,604.50 South Korea ...... Won ...... 307.49 ...... 319.68 ...... 627.17 Japan ...... Yen ...... 1,147.04 ...... 1,147.04

Total ...... 4,613.46 ...... 16,604.50 ...... 3,174.49 ...... 24,392.45 SENATOR HARRY REID, Majority Leader, Oct. 30, 2013.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), PRESIDENT PRO TEMPORE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2013

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Patrick J. Leahy: United States ...... Dollar ...... 10,772.50 ...... 10,772.50 United Kingdom ...... Pound ...... 2,614.71 ...... 2,614.71 Senator Thad Cochran: United States ...... Dollar ...... 10,772.50 ...... 10,772.50 United Kingdom ...... Pound ...... 2,566.71 ...... 2,566.71 Senator Richard Shelby: United States ...... Dollar ...... 10,772.50 ...... 10,772.50 United Kingdom ...... Pound ...... 2,614.71 ...... 2,614.71 Senator Sheldon Whitehouse: United States ...... Dollar ...... 10,772.50 ...... 10,772.50 United Kingdom ...... Pound ...... 2,566.71 ...... 2,566.71 Dr. Brian Monahan: United States ...... Dollar ...... 10,772.50 ...... 10,772.50 United Kingdom ...... Pound ...... 2,154.71 ...... 2,154.71 Ann Berry: United States ...... Dollar ...... 10,772.50 ...... 10,772.50 United Kingdom ...... Pound ...... 2,566.71 ...... 2,566.71 Anne Caldwell: United States ...... Dollar ...... 10,772.50 ...... 10,772.50 United Kingdom ...... Pound ...... 2,566.71 ...... 2,566.71 Bruce Evans: United States ...... Dollar ...... 10,772.50 ...... 10,772.50 United Kingdom ...... Pound ...... 2,566.71 ...... 2,566.71 Kevin McDonald: United States ...... Dollar ...... 12,489.50 ...... 12,489.50 United Kingdom ...... Pound ...... 2,566.71 ...... 2,566.71 Sally Walsh: United States ...... Dollar ...... 10,772.50 ...... 10,772.50 United Kingdom ...... Pound ...... 2,566.71 ...... 2,566.71 Kay Webber: United States ...... Dollar ...... 10,772.50 ...... 10,772.50 United Kingdom ...... Pound ...... 2,566.71 ...... 2,566.71 *Delegation Expenses: United Kingdom ...... Pound ...... 23,831.55 ...... 23,831.55

Total ...... 27,917.81 ...... 120,214.50 ...... 23,831.55 ...... 171,963.86 *Delegation expenses include payments and reimbursements to the Department of State, under the authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR PATRICK J. LEAHY, President Pro Tempore, Dec. 12, 2013.

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00124 Fmt 0624 Sfmt 8634 E:\CR\FM\A21NO6.078 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE November 21, 2013 CONGRESSIONAL RECORD — SENATE S8537 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), REPUBLICAN LEADER FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2013

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Tom Hawkins: Qatar ...... Dollar ...... 649.00 ...... 649.00 Jordan ...... Dollar ...... 631.00 ...... 631.00 Turkey ...... Dollar ...... 430.00 ...... 430.00 United States ...... Dollar ...... 11,761.72 ...... 11,761.72 Tom Hawkins: Yemen ...... Dollar ...... 95.00 ...... 95.00 Qatar ...... Dollar ...... 303.00 ...... 303.00 United States ...... Dollar ...... 16,998.15 ...... 16,998.15 Dr. Brian Monahan: Italy ...... Euro ...... 625.33 ...... 809.28 ...... 1,434.61 Ethiopia ...... Birr ...... 447.98 ...... 520.65 ...... 968.63 Rwanda ...... Franc ...... 839.30 ...... 1,697.75 ...... 2,537.05 Liberia ...... Dollar ...... 335.00 ...... 214.97 ...... 549.97 Spain ...... Euro ...... 578.24 ...... 578.24 Democratic Republic of the Congo ...... Franc ...... 285.90 ...... 285.90 Total ...... 4,355.61 ...... 28,759.87 ...... 4,106.79 ...... 37,222.27 SENATOR MITCH McCONNELL, h Republican Leader, Oct. 31, 2013. MEASURES READ THE FIRST 2(b) of Public Law 98–183, as amended in the usual form; and, finally, that at TIME—H.R. 1965, H.R. 2728, S. 1774, by Public Law 103–419, appoints Gail 5:30 p.m. all postcloture time be ex- AND S. 1775 Heriot, of California, to the United pired and the Senate vote on confirma- Mr. REID. Mr. President, I am told States Commission on Civil Rights, for tion of the Millett nomination. there are four bills at the desk due for a term of six years. The PRESIDING OFFICER. Without their first reading, en bloc. f objection, it is so ordered. The PRESIDING OFFICER. The ORDERS FOR FRIDAY, NOVEMBER f clerk will report the bills by title en 22, 2013, THROUGH MONDAY, DE- PROGRAM bloc. CEMBER 9, 2013 Mr. REID. Mr. President, the next The assistant legislative clerk read Mr. REID. Mr. President, I ask unan- rollcall vote will be at 5:30 p.m. on as follows: imous consent that when the Senate Monday, December 9. A bill (S. 1774) to reauthorize the completes its business today, it ad- Undetectable Firearms Act of 1988 for 1 year. journ and convene for pro forma ses- f A bill (S. 1775) to improve the Sexual As- sions only, with no business conducted, sault Prevention and Response Programs and CONDITIONAL ADJOURNMENT activities of the Department of Defense, and on the following dates and times, and UNTIL FRIDAY, NOVEMBER 22, for other purposes. that following each pro forma session, 2013, AT 11:15 A.M. A bill (H.R. 1965) to streamline and ensure the Senate adjourn until the next pro onshore energy permitting, provide for on- forma session: Friday, November 22, at Mr. REID. Mr. President, if there is shore leasing certainty, and give certainty 11:15 a.m.; Tuesday, November 26, at 11 no further business to come before the to oil shale development for American en- a.m.; Friday, November 29, at 1 p.m.; Senate, I ask unanimous consent that ergy security, economic development, and Tuesday, December 3, at 11 a.m.; and it adjourn under the previous order. job creation, and for other purposes. Friday, December 6, at 10:30 a.m.; and There being no objection, the Senate, A bill (H.R. 2728) to recognize States’ au- that the Senate adjourn on Friday, De- at 6:32 p.m., conditionally adjourned thority to regulate oil and gas operations cember 6 until 2 p.m. on Monday, De- until Friday, November 22, 2013, at 11:15 and promote American energy security de- a.m. velopment and job creation. cember 9, 2013, unless the Senate re- ceives a message from the House that Mr. REID. I ask for a second reading f it has adopted S. Con. Res. 28, the ad- en bloc and object to my own request journment resolution; and that if the NOMINATIONS en bloc. Senate receives such a message, the Executive nominations received by The PRESIDING OFFICER. Objec- Senate adjourn until 2 p.m. on Monday, the Senate: tion having been heard, the bills will be December 9, 2013; that on Monday, fol- read for a second time on the next leg- THE JUDICIARY lowing the prayer and pledge, the islative day. SHERRY MOORE TRAFFORD, OF THE DISTRICT OF CO- morning hour be deemed expired, the LUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR f COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM Journal of proceedings be approved to OF FIFTEEN YEARS, VICE NATALIA COMBS GREENE, RE- date, and the time for the two leaders TIRED. SIGNING AUTHORITY STEVEN M. WELLNER, OF THE DISTRICT OF COLUMBIA, be reserved for their use later in the TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT Mr. REID. Mr. President, I ask unan- day; and that following any leader re- OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- imous consent that during the adjourn- marks, the Senate be in a period of TEEN YEARS, VICE KAYE K. CHRISTIAN, RETIRED. ment or recess of the Senate from morning business until 4 p.m., with DEPARTMENT OF JUSTICE Thursday, November 21, through Mon- Senators permitted to speak therein ANDREW MARK LUGER, OF MINNESOTA, TO BE UNITED day, December 9, Senators WARREN, STATES ATTORNEY FOR THE DISTRICT OF MINNESOTA for up to 10 minutes each; that fol- FOR THE TERM OF FOUR YEARS, VICE B. TODD JONES, KAINE, and ROCKEFELLER be authorized lowing morning business, the Senate TERM EXPIRED. to sign duly enrolled bills or joint reso- DAMON PAUL MARTINEZ, OF NEW MEXICO, TO BE resume consideration of S. 1197, the Na- UNITED STATES ATTORNEY FOR THE DISTRICT OF NEW lutions. tional Defense Authorization Act, to MEXICO FOR THE TERM OF FOUR YEARS, VICE KENNETH The PRESIDING OFFICER. Without allow the chairman and ranking mem- J. GONZALES, RESIGNED. objection, it is so ordered. ber to provide a status update on the FOREIGN SERVICE bill; further, that at 5 p.m., the Senate THE FOLLOWING-NAMED CAREER MEMBERS OF THE f SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF proceed to executive session to resume STATE FOR PROMOTION INTO AND WITHIN THE SENIOR APPOINTMENT consideration of Calendar No. 327, the FOREIGN SERVICE TO THE CLASSES INDICATED: CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE The PRESIDING OFFICER. On be- nomination of Patricia Millett to be OF THE UNITED STATES OF AMERICA, CLASS OF CAREER half of the President pro tempore and U.S. circuit judge for the DC Circuit, MINISTER: upon the recommendation of the Re- postcloture, with up to 30 minutes of GERALD MICHAEL FEIERSTEIN, OF PENNSYLVANIA ROBERT S. FORD, OF MARYLAND publican leader, pursuant to Section debate equally divided and controlled DAVID M. HALE, OF NEW JERSEY

VerDate Mar 15 2010 03:37 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00125 Fmt 0624 Sfmt 9801 E:\CR\FM\A21NO6.078 S21NOPT1 smartinez on DSK6TPTVN1PROD with SENATE S8538 CONGRESSIONAL RECORD — SENATE November 21, 2013

STUART E. JONES, OF VIRGINIA FRANK JONATHAN FINVER, OF MARYLAND KATHRYN M. SCHALOW, OF VIRGINIA LINDA THOMAS-GREENFIELD, OF LOUISIANA DEHAB GHEBREAB, OF VIRGINIA DEAN K. SHEAR, OF VIRGINIA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, PAUL G. GILMER, OF CALIFORNIA THE FOLLOWING-NAMED CAREER MEMBER OF THE CLASS OF MINISTER-COUNSELOR: JOSHUA D. GLAZEROFF, OF VIRGINIA FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR ANTHONY F. GODFREY, OF VIRGINIA PROMOTION WITHIN THE SENIOR FOREIGN SERVICE TO RONALD D. ACUFF, OF FLORIDA KATHARINA P. GOLLNER–SWEET, OF VIRGINIA THE CLASS INDICATED, EFFECTIVE OCTOBER 12, 2008: DOUGLAS A. ALLISON, OF VIRGINIA FRANCISCO JAVIER GONZALES, OF NEW JERSEY CAREER MEMBER OF THE SENIOR FOREIGN SERVICE MARJORIE ANN AMES, OF FLORIDA LAURA MARLENE GOULD, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF CAREER WHITNEY YOUNG BAIRD, OF NORTH CAROLINA ERIC F. GREEN, OF THE DISTRICT OF COLUMBIA MINISTER: ERICA JEAN BARKS–RUGGLES, OF VIRGINIA ALLEN S. GREENBERG, OF TEXAS KRISTEN F. BAUER, OF MASSACHUSETTS MICHAEL NICHOLAS GREENWALD, OF CALIFORNIA DAVID MICHAEL SATTERFIELD, OF MISSOURI PAUL S. BEIGHLEY, OF THE DISTRICT OF COLUMBIA HENRY HARRISON HAND, OF THE DISTRICT OF COLUMBIA KATE M. BYRNES, OF FLORIDA TODD C. HOLMSTROM, OF MICHIGAN IN THE AIR FORCE FLOYD STEVEN CABLE, OF NEW YORK HENRY VICTOR JARDINE, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AUBREY A. CARLSON, OF TEXAS LISA ANNE JOHNSON, OF VIRGINIA ANNE S. CASPER, OF NEVADA IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ELIZABETH JANE JORDAN, OF FLORIDA CATED UNDER TITLE 10, U.S.C., SECTION 624: TODD CRAWFORD CHAPMAN, OF TEXAS GEORGE P. KENT, OF VIRGINIA KAREN LISE CHRISTENSEN, OF VIRGINIA JOHN STUART KINCANNON, OF THE DISTRICT OF COLUM- To be brigadier general SUSAN R. CRYSTAL, OF PENNSYLVANIA BIA KAREN BERNADETTE DECKER, OF VIRGINIA DOUGLAS A. KONEFF, OF MARYLAND COL. ROBERT I. MILLER KATHLEEN A. DOHERTY, OF NEW YORK MICHAEL B. KOPLOVSKY, OF NEW YORK THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED MARY DALE DRAPER, OF CALIFORNIA STEVEN CHRISTOPHER KOUTSIS, OF MASSACHUSETTS STATES OFFICER FOR APPOINTMENT IN THE RESERVE MICHAEL J. FITZPATRICK, OF FLORIDA DALE A. LARGENT, OF WASHINGTON OF THE AIR FORCE TO THE GRADE INDICATED UNDER ROBERT W. FORDEN, OF CALIFORNIA LAURA ANNE LOCHMAN, OF NORTH CAROLINA TITLE 10, U.S.C., SECTIONS 12203 AND 12212: JENNIFER ZIMDAHL GALT, OF COLORADO JAMES L. LOI, OF CONNECTICUT THOMAS HENRY GOLDBERGER, OF NEW JERSEY THEODORE J. LYNG, OF CONNECTICUT To be brigadier general MARK A. GOODFRIEND, OF CALIFORNIA JEAN ELIZABETH MANES, OF FLORIDA ROBERT DANIEL GRIFFITHS, OF NEVADA ANDREW COOPER MANN, OF WASHINGTON COL. MICHAEL T. MCGUIRE KELII J. GURFIELD, OF WASHINGTON CARLOS F. MATUS, OF MARYLAND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PETER DAVID HAAS, OF FLORIDA WAYNE AMORY MCDUFFY, OF VIRGINIA AS THE JUDGE ADVOCATE GENERAL OF THE AIR FORCE DANIEL J. HALL, OF TEXAS DAVID SLAYTON MEALE, OF VIRGINIA AND FOR APPOINTMENT IN THE UNITED STATES AIR DENNIS B. HANKINS, OF VIRGINIA DAVID MEES, OF MARYLAND FORCE TO THE GRADE INDICATED WHILE SERVING AS KATHLEEN D. HANSON, OF THE DISTRICT OF COLUMBIA CHRISTOPHER MIDURA, OF VIRGINIA THE JUDGE ADVOCATE GENERAL UNDER TITLE 10, U.S.C., CLIFFORD AWTREY HART, OF VIRGINIA KEITH W. MINES, OF NEW YORK SECTION 8037: JENNIFER CONN HASKELL, OF FLORIDA SARAH CRADDOCK MORRISON, OF VIRGINIA DONALD L. HEFLIN, OF VIRGINIA SUSAN BUTLER NIBLOCK, OF MARYLAND To be lieutenant general LEO J. HESSION, JR., OF CALIFORNIA KAREN L. OGLE, OF MICHIGAN CATHERINE M. HILL–HERNDON, OF PENNSYLVANIA KEVIN MICHAEL O’REILLY, OF VIRGINIA BRIG. GEN. CHRISTOPHER F. BURNE PERRY L. HOLLOWAY, OF SOUTH CAROLINA INMI KIM PATTERSON, OF NEW YORK IN THE ARMY JOHN F. HOOVER, OF VIRGINIA BRIAN HAWTHORNE PHIPPS, OF FLORIDA CHRISTINE L. HUGHES, OF FLORIDA THOMAS C. PIERCE, OF OREGON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THOMAS J. HUSHEK, OF THE DISTRICT OF COLUMBIA JOHN MARK POMMERSHEIM, OF FLORIDA IN THE UNITED STATES ARMY TO THE GRADE INDICATED MICHAEL JOSEPH JACOBSEN, OF TEXAS JOHN ROBERT POST, OF THE DISTRICT OF COLUMBIA WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JULIE LYNN KAVANAGH, OF VIRGINIA LYNETTE JOYCE POULTON, OF CALIFORNIA RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MICHAEL STANLEY KLECHESKI, OF VIRGINIA TIMOTHY JOEL POUNDS, OF NEVADA KENT D. LOGSDON, OF FLORIDA JEAN E. PRESTON, OF THE DISTRICT OF COLUMBIA To be lieutenant general MATTHEW ROBERT LUSSENHOP, OF MINNESOTA MONIQUE VALERIE QUESADA, OF FLORIDA MICHAEL WILLIAM MCCLELLAN, OF KENTUCKY DAVID J. RANZ, OF NEW YORK MAJ. GEN. ROBERT S. FERRELL ROBIN D. MEYER, OF THE DISTRICT OF COLUMBIA DAVID REIMER, OF VIRGINIA DEPARTMENT OF DEFENSE JONATHAN M. MOORE, OF ILLINOIS RICHARD HENRY RILEY IV, OF VIRGINIA WENDELA C. MOORE, OF VIRGINIA LYNN WHITLOCK ROCHE, OF VIRGINIA BRAD R. CARSON, OF OKLAHOMA, TO BE UNDER SEC- KIN WAH MOY, OF NEW YORK ELIZABETH HELEN ROOD, OF VIRGINIA RETARY OF THE ARMY, VICE JOSEPH W. WESTPHAL. WARREN PATRICK MURPHY, OF VIRGINIA DAVID JONATHAN SCHWARTZ, OF VIRGINIA JULIETA VALLS NOYES, OF FLORIDA DOROTHY CAMILLE SHEA, OF THE DISTRICT OF COLUM- METROPOLITAN WASHINGTON AIRPORTS LARRY G. PADGET, JR., OF TEXAS BIA AUTHORITY VIRGINIA E. PALMER, OF VIRGINIA ADAM MATTHEW SHUB, OF MARYLAND BETH A. PAYNE, OF THE DISTRICT OF COLUMBIA LYNNE P. SKEIRIK, OF NEW HAMPSHIRE RICHARD A. KENNEDY, OF PENNSYLVANIA, TO BE A MARY CATHERINE PHEE, OF THE DISTRICT OF COLUMBIA MICHAEL H. SMITH, OF NEW JERSEY MEMBER OF THE BOARD OF DIRECTORS OF THE METRO- CLAIRE A. PIERANGELO, OF CALIFORNIA THOMAS D. SMITHAM, OF MARYLAND POLITAN WASHINGTON AIRPORTS AUTHORITY FOR A LONNIE J. PRICE, OF VIRGINIA ANDREW SNOW, OF NEW YORK TERM EXPIRING MAY 30, 2016, VICE WILLIAM COBEY, ROBIN S. QUINVILLE, OF CALIFORNIA SEAN B. STEIN, OF IDAHO TERM EXPIRED. ELIZABETH H. RICHARD, OF TEXAS JAMES KENT STIEGLER, OF CALIFORNIA ADELE E. RUPPE, OF MARYLAND MARTINA A. STRONG, OF TEXAS NATIONAL AERONAUTICS AND SPACE SUE ELLEN SAARNIO, OF VIRGINIA STEPHANIE FAYE SYPTAK–RAMNATH, OF TEXAS ADMINISTRATION CHRISTIAN J. SCHURMAN, OF VIRGINIA GREGORY DEAN THOME, OF WISCONSIN KRISTEN B. SKIPPER, OF CALIFORNIA LAURENCE EDWARD TOBEY, OF NEW JERSEY DAVID RADZANOWSKI, OF THE DISTRICT OF COLUMBIA, PAUL RANDALL SUTPHIN, OF VIRGINIA LAURIE JO TROST, OF VIRGINIA TO BE CHIEF FINANCIAL OFFICER, NATIONAL AERO- MARA R. TEKACH, OF FLORIDA LESLIE MEREDITH TSOU, OF VIRGINIA NAUTICS AND SPACE ADMINISTRATION, VICE ELIZABETH MICHAEL STEPHEN TULLEY, OF CALIFORNIA JOHN MICHAEL UNDERRINER, OF OHIO M. ROBINSON. DAVID A. TYLER, OF NEW HAMPSHIRE DENISE A. URS, OF TEXAS DEPARTMENT OF STATE THOMAS LASZLO VAJDA, OF VIRGINIA PETER HENDRICK VROOMAN, OF NEW YORK JAMES E. VANDERPOOL, OF CALIFORNIA GARY S. WAKAHIRO, OF CALIFORNIA MAUREEN ELIZABETH CORMACK, OF VIRGINIA, A CA- PAUL DASHNER WOHLERS, OF WASHINGTON JESSICA WEBSTER, OF DELAWARE REER MEMBER OF THE SENIOR FOREIGN SERVICE, STEVEN EDWARD ZATE, OF FLORIDA WILLIAM J. WEISSMAN, OF CALIFORNIA CLASS OF MINISTER–COUNSELOR, TO BE AMBASSADOR TIMOTHY P. ZUNIGA-BROWN, OF NEVADA ERIC PAUL WHITAKER, OF CALIFORNIA EXTRAORDINARY AND PLENIPOTENTIARY OF THE THE FOLLOWING-NAMED CAREER MEMBERS OF THE FRANK J. WHITAKER, OF SOUTH CAROLINA UNITED STATES OF AMERICA TO BOSNIA AND FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR HENRY THOMAS WOOSTER, OF VIRGINIA HERZEGOVINA. THOMAS K. YAZDGERDI, OF FLORIDA FOREIGN SERVICE, AS INDICATED: UNITED NATIONS CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE PAUL DOUGLAS YESKOO, OF VIRGINIA MARTA COSTANZO YOUTH, OF MARYLAND OF THE UNITED STATES OF AMERICA, CLASS OF COUN- LESLIE BERGER KIERNAN, OF MARYLAND, TO BE REP- SELOR: CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, RESENTATIVE OF THE UNITED STATES OF AMERICA TO KELLY ADAMS-SMITH, OF VIRGINIA CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND THE UNITED NATIONS FOR U. N. MANAGEMENT AND RE- STEVEN P. ADAMS-SMITH, OF VIRGINIA SECRETARIES IN THE DIPLOMATIC SERVICE OF THE FORM, WITH THE RANK OF AMBASSADOR. JORGAN KENDAL ANDREWS, OF VIRGINIA UNITED STATES OF AMERICA: LESLIE BERGER KIERNAN, OF MARYLAND, TO BE AL- VIRGINIA MEADE BLASER, OF VIRGINIA RAYMOND BASSI, OF VIRGINIA TERNATE REPRESENTATIVE OF THE UNITED STATES OF SCOTT DOUGLAS BOSWELL, OF THE DISTRICT OF COLUM- MARK S. BUTCHART, OF MARYLAND AMERICA TO THE SESSIONS OF THE GENERAL ASSEMBLY BIA RICHARD A. CAPONE, OF VIRGINIA OF THE UNITED NATIONS, DURING HER TENURE OF WILLIAM HARVEY BOYLE, OF ARIZONA JANET A. COTE, OF NEVADA SERVICE AS REPRESENTATIVE OF THE UNITED STATES MATTHEW GORDON BOYSE, OF CONNECTICUT CAROLYN I. CREEVY, OF VIRGINIA OF AMERICA TO THE UNITED NATIONS FOR U. N. MAN- BRIDGET A. BRINK, OF THE DISTRICT OF COLUMBIA JILL E. DARKEN, OF ILLINOIS AGEMENT AND REFORM. MARYKAY LOSS CARLSON, OF TEXAS LON C. FAIRCHILD, OF VIRGINIA JAMES A. CAROUSO, OF NEW YORK BARTLE B. GORMAN, OF VIRGINIA OCCUPATIONAL SAFETY AND HEALTH REVIEW MELISSA CLEGG-TRIPP, OF WASHINGTON ALEEN JANICE GRABOW, OF WISCONSIN COMMISSION THEODORE R. COLEY, OF VIRGINIA ROBERT ALLEN HALL, OF PENNSYLVANIA HEATHER L. MACDOUGALL, OF FLORIDA, TO BE A MEM- KELLY COLLEEN DEGNAN, OF CALIFORNIA RALPH A. HAMILTON, OF OHIO BER OF THE OCCUPATIONAL SAFETY AND HEALTH RE- LESLIE STEPHEN DEGRAFFENRIED, OF TEXAS ROGER A. HERNDON, OF PENNSYLVANIA VIEW COMMISSION FOR A TERM EXPIRING APRIL 27, 2017, JILL DERDERIAN, OF MARYLAND BRUCE J. LIZZI, OF MARYLAND VICE HORACE A. THOMPSON, TERM EXPIRED. THOMAS M. DUFFY, OF CALIFORNIA DAVID LEE LYONS, OF MARYLAND STUART ANDERSON DWYER, OF MAINE MICHAEL M. MACK, OF VIRGINIA DEPARTMENT OF HOMELAND SECURITY ANDREW S. E. ERICKSON, OF CALIFORNIA KATHLEEN A. MCCRAY, OF VIRGINIA THOMAS R. FAVRET, OF PENNSYLVANIA ALEX G. MCFADDEN, OF FLORIDA JOHN ROTH, OF MICHIGAN, TO BE INSPECTOR GEN- TARA FERET, OF VIRGINIA BEVERLY DOREEN ROCHESTER, OF NEVADA ERAL, DEPARTMENT OF HOMELAND SECURITY, VICE PATRICIA L. FIETZ, OF VIRGINIA THOMAS GERARD SCANLON, OF VIRGINIA RICHARD L. SKINNER, RESIGNED.

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RECOGNIZING THE CENTENNIAL RECOGNIZING THE ROLLING FAM- SECOND CHANCE ACT CELEBRATION OF SAINT EPHRA- ILY AS THE 2013 HOLMES COUN- IM’S SYRIAC ORTHODOX CHURCH TY, FLORIDA, FARM FAMILY OF HON. BARBARA LEE IN CENTRAL FALLS, RHODE IS- THE YEAR OF CALIFORNIA LAND IN THE HOUSE OF REPRESENTATIVES HON. JEFF MILLER Thursday, November 21, 2013 HON. DAVID N. CICILLINE Ms. LEE of California. Mr. Speaker, I rise OF FLORIDA today in strong support of reauthorizing the OF RHODE ISLAND IN THE HOUSE OF REPRESENTATIVES Second Chance Act. IN THE HOUSE OF REPRESENTATIVES I’d like to thank my dear friend and col- Thursday, November 21, 2013 league Rep. Danny Davis for being such a Thursday, November 21, 2013 vocal and tireless advocate on what is a crit- Mr. MILLER of Florida. Mr. Speaker, it is ical issue for communities in my district and Mr. CICILLINE. Mr. Speaker, I rise today to with great pleasure that I rise to recognize the throughout the country. recognize the centennial celebration of Saint Rolling family for being selected as the 2013 I’d also like to thank my colleague Jim Sen- Ephraim’s Syriac Orthodox Church in Central Holmes County, Florida, Farm Family of the senbrenner for his work on this issue and for Falls, Rhode Island. Year. introducing, along with Congressman Davis, In the late 19th century, a small, close-knit Jeremy Rolling first discovered his love for H.R. 3465 which would reauthorize this impor- group of Syriac families living in Turkey and farming at the young age of four, while riding tant law. Iraq arrived in America after fleeing the col- in the cab of his grandfather’s tractor in the The Second Chance Act, signed into law in lapse of the Ottoman Empire. Noma community of Holmes County. This 2008, has provided important resources and support to individuals re-entering their commu- After coming to Rhode Island, this small love, coupled with his grandfather’s influence and his grandfather instilling in Jeremy a nities after being incarcerated. faith community chartered Saint Ephraim’s It has support from a broad coalition of or- strong work ethic, factored into Jeremy’s inter- Syriac Orthodox Church—a parish center and ganizations including from the civil rights, law est in the field of Agriculture, his active in- chapel for worship that have remained strong enforcement, and behavioral health commu- volvement in the Future Farmers of America, symbols of the strength of Rhode Island’s Syr- nities, in addition to many others. iac Orthodox residents. and the foundation on which his successful Since becoming law, the Second Chance farming operation is conducted today. The church claims a wealth of theological, li- Act has authorized nearly 600 grants that turgical, and musical traditions. Indeed, to this Following high school, Jeremy met his wife have been award to local governments and day, every Sunday the parishioners in Central Teresa, and together they settled in the Pros- nonprofit organizations in 49 states. Falls, Rhode Island conduct liturgy in the origi- perity community of Holmes County. They These grants have played a critical role in nal Aramaic that was spoken during the time began truck farming and small plot farming, addressing recidivism and increasing public of Jesus Christ. until 2008, when Jeremy turned to row crop safety. farming. Today, they operate a 400-acre farm In my own district in the city of Oakland, a The parish of St. Ephraim’s has contributed that includes peanuts, cotton, oats, water- program known as the Comprehensive Com- mightily to our community in northern Rhode melons, and hay. Teresa and their daughter munity Cross System Reentry Support or Island. Whether newly arrived immigrants flee- Jordan, who is in sixth grade and has em- C3RS, brings together government and non- ing persecution or just yearning to live the braced her green thumb at an early age, both profit partners to re-engage youth in school American dream, or multi-generational and remain actively involved in supporting Jeremy after leaving a juvenile detention center. fully assimilated Americans, parishioners of St. in operating the farm. Teresa assists by pull- This has been a tremendously successful Ephraim’s church are patriotic Americans. ing peanut wagons, as well as operating the program. Of the 592 program participants, 442 Like anyone else, they work hard, value module builder for cotton, and Jordan grew were reenrolled in school and of the 161 who education and appreciate and enjoy the free- and marketed her first crop of watermelons in received job training, 102 were placed in jobs. doms they are offered. 2012. There is no question that the success of This is but one example of the hundreds of the Rolling Family Farm and its expansion successful programs that have helped pre- In return, they have been industrious citi- viously incarcerated individuals get back on zens and have served our country in numer- across county lines in five years is largely at- tributed to the family’s hard work and joint ef- their feet and on the right path. ous positions of distinction, including university That is why it is so important that we move fort. educators, engineers, leaders in law, medi- swiftly to reauthorize the Second Chance Act. cine, and commerce. The Rolling family is also active in the com- I call on House Republican leadership to Many have also served in the Armed munity outside of their farm. They belong to bring this measure to the floor for a vote and Forces, dating back to the early 20th Century, the Ponce de Leon Future Farmers of America give our communities and previously incarcer- and some have made the ultimate sacrifice for Alumni Association, and Jeremy is a member ated individuals the support they need. the defense of our country. of the Florida Peanut Producer’s Association. f Additionally, both Jeremy and Teresa work Today, as we celebrate the centennial anni- full-time jobs. Jeremy is an Investigator for the RELIGIOUS FREEDOM IN THE versary of Saint Ephraim’s, we are also mind- State of Florida, and Teresa transitions from MILITARY ful of the ongoing persecution facing Christian nurturing crops to the bright third-graders of Syriac families in the Middle East and espe- Ponce de Leon Elementary School. HON. J. RANDY FORBES cially in Syria where two Orthodox bishops OF VIRGINIA Mr. Speaker, our great Nation was built by were abducted earlier this year. IN THE HOUSE OF REPRESENTATIVES the tireless work of farmers and their families. And as we hope for the safe return of these The Holmes County Farm Family of the Year Thursday, November 21, 2013 and other victims of recent violence, all of us Award is a true reflection of the Rolling fam- Mr. FORBES. Mr. Speaker, religious free- stand united in praying for peace in Syria and ily’s dedication to farming and their strong dom is a fundamental human right—a right throughout the Middle East. family values. On behalf of the United States which is guaranteed by the First Amendment. I thank Father Mattias Alan Shaltan for his Congress, I would like to offer my congratula- Many of America’s earliest settlers came to continued leadership of this parish and salute tions to the Rolling family for this great accom- her shores seeking religious freedom. As indi- all the members of Saint Ephraim’s on their plishment. My wife, Vicki, and I wish them the viduals around the world face persecution be- centennial celebration this year. best for continued success. cause of their religious beliefs, America has

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K21NO8.001 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E1726 CONGRESSIONAL RECORD — Extensions of Remarks November 21, 2013 stood as the beacon for the importance of pro- tive who has demonstrated exceptional service I would not be here today. So, if I can see any tecting the ability to freely exercise religious and has contributed to the goals and ideals of further, it is only because I stand on the shoul- beliefs without fear of intimidation, reprisal, or the medical profession. ders of giants like Rev. T.J. Jemison. harm. During the last three decades Mr. Hunt has I want to join his family, congregation, and It is impossible to defend religious freedom helped to grow The Society from 6,000 mem- the state of Louisiana in honoring the life and for the civilian and yet deny it to the soldier. bers to more than 16,500 members. The orga- legacy of a special man. The full expression and practice of faith in the nization represents the majority of f military has strong roots. General Washington endocrinologists, both clinicians and research- oversaw the formation of a military chaplaincy ers, throughout my home State of Texas, and RECOGNIZING DALE O. KNEE FOR in 1775 to support and sustain his men in their in more than 100 countries around the world. DEDICATED SERVICE TO NORTH- religious beliefs. President Franklin D. Roo- As you know, endocrinologists play a very WEST FLORIDA AND THIS GREAT sevelt composed the forward to a military edi- important role in the health of our nation. NATION tion of the New Testament, in which he wrote, Endocrinologists are on the front lines of re- ‘‘Throughout the centuries men of many faiths search, diagnosis, and treatment in areas HON. JEFF MILLER and diverse origins have found in the Sacred such as rare cancers, diabetes, obesity, thy- OF FLORIDA Book words of wisdom, counsel and inspira- roid, osteoporosis, women’s health, and other IN THE HOUSE OF REPRESENTATIVES tion. It is a fountain of strength and now, as endocrine related disorders. Thursday, November 21, 2013 always, an aid in attaining the highest aspira- As a physician and a U.S. Congressman, I tions of the human soul.’’ have worked closely with The Endocrine Soci- Mr. MILLER of Florida. Mr. Speaker, I rise Faith permeates every aspect of a person’s ety on public policies to strengthen our na- to recognize Dale O. Knee, PhD, upon his re- life; it cannot be confined to a belief that is tion’s health. I once again applaud Scott Hunt tirement as CEO of Covenant Hospice for his maintained only within one’s head, home, or for growing and advancing both the associa- dedicated service not only to the Northwest place of worship. It is essential that our mili- tion and the field of endocrinology. I wish him Florida community, but also to this great Na- tary policies and leadership respect the fact well in retirement and thank him for his con- tion. For over forty-five years, Dale served his that a person’s faith also informs the way in tributions to the medical profession. country and local community in various capac- ities that share at least one common thread— which they serve. Anything less is a disservice f to their brave and noble sacrifice. It is for this his passion for helping his fellow man. A re- reason that Congress enacted conscience pro- HONORING THE LIFE OF REV. tired Navy Commander, business and commu- tections in last year’s National Defense Au- THEODORE JUDSON ‘‘T.J.’’ nity leader, and loving husband and father to thorization Act. However, these protections JEMISON three, Dale has much to be proud of, and I am have fallen on deaf ears. President Obama privileged to honor his lifetime of achieve- called these protections ill-advised and unnec- HON. CEDRIC L. RICHMOND ments. essary. Over eleven months have passed OF LOUISIANA Dale Knee began his career in service to since these protections were signed into law, IN THE HOUSE OF REPRESENTATIVES this great Nation when he answered the call during the Vietnam War and served with honor and the Department of Defense has yet to im- Thursday, November 21, 2013 plement policies to enforce the conscience and distinction. His service in the United protections. Mr. RICHMOND. Mr. Speaker, I rise today States Navy spanned twenty years, and in- Furthermore, I fear there is a growing lack to honor the life of a special man, Rev. Theo- cluded service as a helicopter search and res- of understanding for the importance of pre- dore Judson ‘‘T.J.’’ Jemison, a long-time com- cue corpsman during the Vietnam War, a serving the integrity of the chaplaincy. A chap- munity leader and civil rights icon. Rev. Naval Intelligence Officer/NIS Special Agent, lain’s purpose is first and foremost to facilitate Jemison dedicated his life to making the world and a Medical Service Corps Officer. Before the free exercise rights of servicemembers a better place and, although we are saddened retiring as a Navy Commander, Dale served and their families. They serve as an essential by his passing, the legacy that he leaves be- as Director of Health Affairs for the Secretary pillar of support, especially for those who are hind stands as a testament to his incredible of the Navy, Medical Counter-Intelligence Ad- not able to freely access religious services life. visor to the Joint Chiefs of Staff and Defense and support in the way they could as civilians. Born in Selma, Alabama, Rev. Jemison be- Intelligence Agency, and Administrator of the Chaplains are more than counselors, honor- came pastor of Mount Zion First Baptist White House Medical Services under the ably and indiscriminately serving all Church in Baton Rouge, Louisiana in 1949. He Reagan Administration. servicemembers. would remain there for the next 54 years. A leader in the health care community and The members of our Armed Forces do not From early in his time as pastor, he was on former hospital executive and owner of a leave their faith at home when they commit to the forefront of the civil rights movement. In health care consulting and development com- serve our country, and I remain committed to 1953, Rev. Jemison helped organize and lead pany, Consulta Network LLC, Dale has served ensuring they are never required to do so. a boycott of the segregated buses in Baton as President and CEO of Covenant Hospice since 1993. Under his leadership, Covenant f Rouge. That action served as a blueprint for Rev. Martin Luther King, Jr. when he led the has grown to be one of the premier hospice IN RECOGNITION OF MR. SCOTT boycott of buses in Montgomery two years facilities in the country, and I know firsthand HUNT later. how Dale’s leadership at Covenant has While the Montgomery bus boycott was an touched the lives of countless patients and HON. MICHAEL C. BURGESS important chapter in American history, Rev. helped their families during the most difficult OF TEXAS Jemison’s role in the civil rights movement in times. In addition to his leadership at Cov- IN THE HOUSE OF REPRESENTATIVES Baton Rouge didn’t end there. He also played enant, Dale is the chief executive for Alz- an important part in a wide range of other vic- heimer’s Family Services, Inc., CEO of the Thursday, November 21, 2013 tories for equal rights, including getting black Covenant Foundation, and co-founder of the Mr. BURGESS. Mr. Speaker, I rise today to Baton Rouge residents hired at department Studer Covenant Alliance, LLC. Dale also honor an inspiring national health care asso- stores, black deputies hired at the Sheriff’s Of- serves as the National Director for the Board ciation leader, Mr. Scott Hunt. During the last fice, and even helping bring down the barrier of Directors of the National Hospice and Pal- 25 years, Mr. Scott has served as the Execu- to black college football players playing on for- liative Care Organization (NHPCO), is a mem- tive Director and CEO of the world’s oldest, merly all-white teams. He would continue his ber of the Board for Florida Hospices and Pal- largest, and most active organization devoted tireless advocacy for equality for the rest of his liative Care Association, the Alabama Hospice to research on hormones and the clinical prac- life. Organization, the National Hospice Work tice of endocrinology, The Endocrine Society. Rev. Jemison’s dedication to righting Group, and the national post-acute care think During his tenure, Mr. Hunt engineered the wrongs in society was matched by his devo- tank, Innovations Group. He also serves on organization to become one of Washington tion to healing and helping his community. the Board for Catholic Charities of Northwest Business Journal’s top 50 associations. The Those twin passions drove him to make life Florida and is an Optimist and Rotarian. American Medical Association has recognized better for people everywhere. The work that Dale completed his graduate studies at The and honored Mr. Hunt with the Medical Execu- Rev. Jemison did made the world a better George Washington University and has tive Meritorious Achievement Award. The place. Without the opportunities created earned a doctoral degree in Health Care Ad- award is given to a medical association execu- through the effort of men and women like him, ministration. Dale has taught at the university

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K21NO8.002 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS November 21, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1727 level for twenty-five years, including twenty The premise behind the Religious Freedom loved working on their behalf through his pub- years as an Associate Professor of Healthcare Restoration Act could not be more clear: Con- lic service, which he did as a police officer, a Administration at the University of West Flor- gress shall not pass laws that get in the way college teacher, a member of the school ida and as a visiting lecturer at The George of Americans from exercising their religious board, a Daly City Councilman and Mayor, Washington University and the University Of beliefs and conscience rights. and as a member and Chairman of the San Texas College Of Health Sciences. Yet under the Patient Protection and Afford- Mateo County Board of Supervisors. He was Mr. Speaker, on behalf of the United States able Care Act of 2010, commonly known as an attorney, a Boy Scout volunteer and a wise Congress, I am privileged to recognize Dale Obamacare, Americans are being forced to observer of politics, both local and national. It Knee for his decades of service to our Nation act in direct opposition to their religious and was a wonderful privilege to serve with him, and the Northwest Florida community. There moral beliefs in order to comply with the law. be his friend, and laugh with him. Bill’s love for are some in the world the Lord blesses with Under the Department of Health and Human public service was infectious, and he was a an ability to serve and a gift of leadership, and Services interpretation of Obamacare, nearly joyful and savvy politician. He knew the there is no question that Dale Knee is one of all employers will be required to cover, minute details of public policy, and he was a those people. My wife Vicki and I wish Dale; through their health insurance plans, abortion ‘North County guy’ through and through who his wife Teri; and their three sons, Jeff, Matt, drugs, sterilization and contraception, even if never forgot from whence he came. He was and Ryan, all the best. such a provision goes against these moral and passionate about protecting the working stiff, f religious beliefs. Daly City and the powerless. He always had This is wrong; it is un-American. The man- a joke and a warm smile to greet you and THE DEMOCRATIC MOTION TO date from the administration and subsequent started almost every conversation with RECOMMIT FOR H.R. 2728 inadequate efforts to rectify it clearly fly in the ‘‘Lookin’ good’’. He was a leader always look- face of the Religious Freedom Restoration Act ing to make peace and make a deal. HON. HENRY A. WAXMAN that we honor today. Mr. Speaker, we ask our colleagues to join OF CALIFORNIA As the HHS mandate continues to be fought us in honoring the life and memory of a great IN THE HOUSE OF REPRESENTATIVES in the courts, I have been deeply disappointed and good man who served the people of San by the administration’s refusal to provide a Thursday, November 21, 2013 Mateo County with honor and generosity, and reasonable exception to the rule. I have urged, enjoyed the respect of the entire community. Mr. WAXMAN. Mr. Speaker, I rise today to and will continue to urge, an exception that We ask our colleagues to extend to his wife express my sincere disappointment that I was protects the conscience rights of all Ameri- Liz, the love of his life, and his entire family not available to vote in favor of the Democratic cans. our most sincere sympathy for their loss. In motion to recommit on H.R. 2728, the Pro- I ask my colleagues to join me in that fight. addition to his wife Elizabeth J. Terra tecting States’ Rights to Promote American I am one of the original cosponsors of H.R. Schumacher, Bill leaves his children Michael Energy Security Act. While I do not support 940, the Respect for Rights of Conscience and Sharon Schumacher and their sons Tay- the underlying legislation, I would have voted Act, legislation that aims to ensure that no em- lor, Sean and Tim; James Schumacher and in favor of this motion to recommit in order to ployer would be punished for refusing cov- his sons Baxter and Niland; Diane allow the Department of the Interior to require erage for procedures or drugs that violate the Schumacher; and Gina Gibbons. He also the public disclosure of chemicals used in hy- employer’s beliefs. leaves Liz’s children, Gabrielle and Richard draulic fracturing on public lands. The federal So as we take time today to celebrate the Modolo, and their daughters Sarah, Katherine government has a responsibility to ensure that achievements of the Religious Freedom Res- and Richelle; and Marc and Shannon Pedone communities across the country have access toration Act, we also must be aware of the and their son Joseph. to a baseline of information about the chemi- need to continue to be vigilant. Bill Schumacher will be missed by everyone cals used in hydraulic fracturing fluids and any We must reaffirm the guiding principles of who had the good fortune to know him, and potential impacts on human health and the en- the United States of America and the rights to we count ourselves among those so blessed. vironment. religious freedom guaranteed under the First Our community was strengthened by his life of Strong state and federal regulation, full Amendment. service, and our country has been immensely transparency, and rigorous science are essen- It was the right thing to do 20 years ago. It bettered by his patriotism, optimism and good- tial to ensuring that oil and gas drilling occurs is the right thing to do today. ness. safely and responsibly in the United States. f f The inclusion of the motion to recommit would have helped bring transparency to oil and gas TRIBUTE IN HONOR OF THE LIFE TRIBUTE TO COMMAND SERGEANT drilling activities on public lands, and I deeply OF THE HONORABLE WILLIAM J. MAJOR RACHEL L. FAILS regret that it was not included in the bill. SCHUMACHER f HON. TOM LATHAM HON. ANNA G. ESHOO OF IOWA THE RELIGIOUS FREEDOM OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES RESTORATION ACT IN THE HOUSE OF REPRESENTATIVES Thursday, November 21, 2013 HON. DANIEL LIPINSKI Thursday, November 21, 2013 Mr. LATHAM. Mr. Speaker, I rise today to OF ILLINOIS Ms. ESHOO. Mr. Speaker, I rise today with recognize and congratulate Command Ser- IN THE HOUSE OF REPRESENTATIVES my colleagues JACKIE SPEIER and MIKE geant Major Rachel L. Fails for appointment THOMPSON, to honor the life of the Honorable as the Senior Enlisted Leader of the Iowa Na- Thursday, November 21, 2013 William F. Schumacher, who died peacefully tional Guard. This is a truly momentous occa- Mr. LIPINSKI. Mr. Speaker, twenty years and suddenly on November 3, 2013, at his sion for the State of Iowa as Rachel is the first ago this month, the Religious Freedom Res- home in Palm Desert, California. female Senior Enlisted Leader in the Iowa Na- toration Act was signed into law on a wave of Bill Schumacher was born in San Francisco tional Guard’s 175-year history. overwhelming bipartisan support. We gather in 1937. His mother, Anita Doyle, died when CSM Fails currently resides in Grimes, but today to celebrate passage of the law, which Bill was two years old, leaving Bill and his was raised in Nashua, Iowa where she grad- reaffirmed one of the core principles on which brother Robert to be raised by their father Ed- uated from Nashua High School in 1987. Ra- our nation was founded by prohibiting govern- ward with the help of Edward’s parents, chel began her 27-year military career in 1986 ment from burdening the free exercise of reli- Eutropia and Dominick Schumacher and later when she enlisted with the Iowa Army Na- gion without a compelling state interest. To his wife Hazel Westphal. Bill was a graduate tional Guard’s 1133rd Transportation Com- this day, the law has remained a testament to of both Saint Anne Grammar School and Lin- pany based in Mason City. Upon graduation religious liberty and has played a critical role coln High School. After serving in the Army, from basic training and AIT in 1987, Rachel in protecting our fundamental First Amend- which included 15 months in Korea, he re- attained two Military Occupational Specialties ment rights. turned to graduate from San Francisco State as a Heavy-Wheeled Vehicle Driver and a Unit But the same bipartisan spirit that cham- University, and then went on to earn a JD Supply Specialist. CSM Fails is also a grad- pioned the rights of the individual and carried from the University of San Francisco. uate of the U.S. Army Sergeants Major Acad- the Religious Freedom Restoration Act into Bill Schumacher was our good friend for emy resident course and multiple Non-Com- law two decades ago is under assault today. over three decades. He loved people and he missioned Officer courses. In 1996, Rachel

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K21NO8.006 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E1728 CONGRESSIONAL RECORD — Extensions of Remarks November 21, 2013 also received an associate’s degree in Busi- At this moment, faith leaders are joined to- mous ‘‘Best Guesstimate for Last Vote,’’ to ness from North Iowa Area Community Col- gether on the National Mall as part of the last night’s Red Sox score. When Members lege. Fast4Families event. need to get a pulse reading on the floor, they Over the course of her career, Rachel has They are giving up their meals in order to turn to Barry. He is command central, and it’s served her country in numerous full-time roles emphasize the moral importance of passing a job he’s been masterful at. including unit armorer, unit supply sergeant, comprehensive immigration reform. This hasn’t been by mere coincidence. operations sergeant major, and various NCO They follow in the footsteps of leaders like Barry is the son of Evelyn and Leo Sullivan. roles. Throughout her service to our state and Cesar Chavez, who in 1968 led a 25-day fast His father served as Massachusetts State nation, Rachel has been placed across Iowa for the rights of migrant workers. Today’s com- Senator and Boston Police Commissioner who and across the globe in station assignments munity leaders are fighting to fix another bro- escorted President-elect John F. Kennedy from Centerville to Johnston and as far away ken system, one that affects more than 11 mil- from Logan International to the Boston Garden as Kosovo and Iraq. CSM Fails was deployed lion people from all around the world. for his victory rally. He is an alumnus of Bos- twice to the Middle East, during Operations Mr. Speaker, it is unacceptable that in the ton State University and a Beacon Hill vet- Desert Storm and Desert Shield in 1990, and 145 days since the Senate passed its immi- eran. His mentor Congressman Joe Moakley Operations Iraqi Freedom and Enduring Free- gration bill, House. groomed him and Speaker Tip O’Neill pro- dom in 2008. Republican leaders have dedicated what lit- moted him. Barry Sullivan’s pedigree has Mr. Speaker, as an outspoken supporter of tle time we have to a government shutdown, made him a consummate professional and Iowa’s National Guard I have always been im- 40 billion dollars in SNAP cuts, and the repeal uniquely and exceptionally suited to manage pressed with the remarkable men and women of Obamacare. the cloakroom. who serve in this organization. Rachel Fail’s Republican leadership may not be tired of I rise to honor Barry Sullivan for his 33 career is a great example for our men and gridlock and dysfunction but the American years of service in the House Democratic women in uniform and what Iowans are capa- people are. Cloakroom and for being one of the most loyal ble of through hard work and unwavering com- The nation is ready to pass comprehensive and trustworthy people I’ve ever met. His mitment to a cause greater than themselves. immigration reform and we must not delay any kindnesses to me have been endless and he I applaud Command Sergeant Major Fails on longer. has enriched my daily service in the House for her most recent promotion and wish her the f 21 years. I wish Barry every blessing in his re- greatest success. It is a great honor to rep- tirement, enjoying happy and healthy days TRIBUTE TO BARRY SULLIVAN resent her in the United States Congress. I in- with his wife and the pride of his life, their three sons. May there be more time for vite my colleagues in the House to join me in SPEECH OF congratulating Rachel, and all of Iowa’s bluefishing for Horseshoe Shoal, and cheering servicemembers, on the continued excellence HON. CHRIS VAN HOLLEN on the Red Sox. in service they provide to the State of Iowa, OF MARYLAND Here’s to you, Barry. God bless you and and our nation as a whole. IN THE HOUSE OF REPRESENTATIVES thank you for the honorable service you have f Wednesday, November 20, 2013 given to our nation. f COMPREHENSIVE IMMIGRATION Mr. VAN HOLLEN. Mr. Speaker, I rise to sa- REFORM lute Barry Kevin Sullivan on the occasion of KEEP YOUR HEALTH PLAN ACT OF his retirement as the Director of the Demo- 2013 HON. BARBARA LEE cratic Cloakroom after over 30 years of serv- SPEECH OF OF CALIFORNIA ice to the House of Representatives and to IN THE HOUSE OF REPRESENTATIVES our nation. HON. BARBARA LEE Barry came by his love for public service Thursday, November 21, 2013 OF CALIFORNIA naturally. A native of South Boston, his father IN THE HOUSE OF REPRESENTATIVES Ms. LEE of California. Mr. Speaker, I rise Leo served in the Massachusetts State Legis- today in strong support of passing comprehen- lature and also as Boston Police Commis- Friday, November 15, 2013 sive immigration reform legislation in the sioner. After earning a degree in political Ms. LEE of California. Mr. Speaker, I rise in House. There is no question that it is long science from Boston State College, Barry strong opposition to H.R. 3350, the so called past time to fix our broken immigration sys- spent a few years on Beacon Hill before arriv- ‘‘Keep Your Health Plan Act’’. tem. ing in Washington in 1980 where he was This bill is nothing more than the latest Re- Earlier this year the Senate passed com- mentored by two giants of this institution: publican effort to delay, defund, dismantle, or prehensive immigration reform after working Former Speaker Tip O’Neill and former Con- derail the Affordable Care Act. with stakeholders to reach a balanced, albeit gressman Joe Moakley. Barry quickly became I remain committed to ensuring that my con- imperfect bill. the heart and soul of the Democratic Cloak- stituents in California and millions across the Then last month, my colleagues in the room. Members of Congress count on him to country have access to quality, affordable House introduced a comprehensive immigra- be first to know what is happening on the health care. tion reform bill that has gained the support of floor, and he has a well-deserved reputation Yet, the Republicans want nothing more 190 bipartisan cosponsors. as the consummate professional. than to capitalize on any opportunity to under- Unfortunately House Republican leadership While we will always miss Barry, I wish him mine the fundamental human right to continues to block the path forward. and his wife Barbara the very best as they healthcare. And that is what this latest attack Their refusal to consider legislation that has leave D.C. and get to enjoy some well-de- is. strong bipartisan, bicameral support is in direct served family time on the Cape they love so While we must certainly address any chal- conflict with the will and the needs of the much. lenges that arise in the roll out and implemen- American people-and our constituents. f tation of the Affordable Care Act, we cannot There is growing unrest among the agricul- undermine its effectiveness by passing this tural, business, and technology communities in TRIBUTE TO BARRY SULLIVAN cynical bill. addition to the advocacy organizations and In fact, just today, I received an email from faith groups. SPEECH OF a constituent who said that his plan had been In my own district, there are heart-wrench- HON. ANNA G. ESHOO cancelled, but once he had a chance to view ing stories of parents who made the dan- OF CALIFORNIA the options on Covered California—California’s gerous journey here just so they could make IN THE HOUSE OF REPRESENTATIVES healthcare exchange—he found a better plan sure their children have a place to live and at a better price. something to eat back home. Wednesday, November 20, 2013 Stories like this one are happening all over They are separated not just by militarized Ms. ESHOO. Mr. Speaker, Barry Kevin Sul- the country and are further proof that we must borders, but by time—years and decades of livan has come to be known as ‘‘the man to not do anything to undermine the implementa- not being able to see one another. know in the House.’’ Serving as Chief Informa- tion of the Affordable Care Act. That is why it is so important that organiza- tion Officer in the Democratic Cloakroom, My constituents depend on it, as do millions tions like PICO and countless others are con- Members have been looking to him for the of Americans. tinuing to organize and rally to get this done. past 33 years for everything from the now fa- I urge my colleagues to vote ‘no’ on this bill.

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\K21NO8.010 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS November 21, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1729 CONGRESSIONAL BLACK CAUCUS: FEDERAL LANDS JOBS AND what those regulations may be. Moreover, be- HUNGER IN AMERICA ENERGY SECURITY ACT cause the bill forbids the Department of the In- terior from exercising oversight over ‘‘any SPEECH OF SPEECH OF component of’ the fracking process, it could HON. SHEILA JACKSON LEE HON. CHRIS VAN HOLLEN prevent application of basic protections under OF TEXAS OF MARYLAND a variety of existing environmental laws. States vary widely in their efforts to manage IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Monday, November 18, 2013 the expanded use of hydraulic fracturing and Tuesday, November 19, 2013 the federal government has a responsibility to Ms. JACKSON LEE. Mr. Speaker, I strongly The House in Committee of the Whole provide a minimum baseline of oversight to support the stance of the Congressional Black House on the state of the Union had under protect our public lands, public safety, and Caucus in their daily fight to preserve, support consideration the bill (H.R. 1965) to stream- public health. H.R. 2728 would block any pro- and increase funding for initiatives to end hun- line and ensure onshore energy permitting, posed standards and impede existing law, and ger in America. The Congressional Black Cau- provide for onshore leasing certainty, and I urge a no vote. cus has proposed a fiscally sound and morally give certainty to oil shale development for f responsible budget that protects the SNAP American energy security, economic devel- program as well as other programs that are opment, and job creation, and for other pur- FEDERAL LANDS JOBS AND poses: vital to vulnerable communities. ENERGY SECURITY ACT As a member of the House Hunger Caucus, Mr. VAN HOLLEN. Mr. Chairman, I rise in Out of Poverty Caucus, and proud co-sponsor opposition to H.R. 1965, a bill that would un- SPEECH OF of H.R. 3353, the ‘‘Extend Not Cut SNAP Ben- necessarily and irresponsibly give away public efits Act’’ I am dedicated to educating my fel- lands to Big Oil, even as U.S. oil production is HON. LOIS FRANKEL OF FLORIDA low Members on hunger-related issues as I at a 24-year high and the oil industry receives understand the devastating impact hunger has billions of dollars in tax breaks per year. IN THE HOUSE OF REPRESENTATIVES on millions of children and families in our H.R. 1965 would remove the safeguards Wednesday, November 20, 2013 country. that protect taxpayers and public lands by re- The House in Committee of the Whole The cuts in SNAP benefits implemented on quiring the Interior Department to grant leases House on the state of the Union had under November 1, 2013, reduce the amount per- on 25 percent of the land requested by oil consideration the bill (H.R. 1965) to stream- meal that beneficiaries receive to $1.40, af- companies every year and imposing strict line and ensure onshore energy permitting, fecting not only the families that rely on SNAP deadlines on application review, automatically provide for onshore leasing certainty, and but also straining the resources of local food approving leases after just 60 days even if give certainty to oil shale development for pantries that will be pressed to fill the gap, to safety and environmental reviews are not yet American energy security, economic devel- keep people from going hungry. Together, the complete. It would also enact barriers to public opment, and job creation, and for other pur- poses: SNAP meals lost in 2014 from the scheduled review—if a community wanted to challenge a cuts—nearly 3.4 billion meals—would exceed leasing decision, it would have to pay a Ms. FRANKEL of Florida. Mr. Chairman, I the projected annual meal distribution by $5,000 fee to be heard. If a case took more rise today in strong opposition to H.R. 1965, Feeding America food banks around the coun- than 60 days to adjudicate, it would be auto- the so-called Federal Lands, Jobs, and Energy try. matically denied. Security Act. This bill would fundamentally un- Further, a family of 4 will receive $36 less Mr. Chairman, under this Administration, do- dermine the way our public lands are man- each month which translates into a week of mestic oil production has increased by 35 per- aged by forcing us to prioritize oil drilling over groceries that will be taken away from poor cent on Western public and Indian lands. Oil all other land uses. Current law requires the working families, disabled persons, the elderly and gas companies are currently only devel- federal government to manage public lands by and children. oping about a third of the public lands they al- taking into account a variety of uses, including This reduction in benefits is the largest ready lease. This bill, which would prioritize recreation, wildlife habitats, and indeed, oil ex- wholesale cut in the program since Congress energy production over hunting, fishing, graz- ploration. This bill would throw this successful passed the first Food Stamps Act in 1964 and ing, conservation, and every other use of pub- historical precedent out the window and put affects nearly one in seven Americans or more lic lands, will not reduce energy prices or in- the destructive practice of oil drilling at the top than 47 million people. The cut is equivalent to crease energy security. It would simply cede of the list. If this would happen in my home 16 meals a month for a family of three. control of natural resources held in public trust state of Florida, we would see devastating ef- SNAP programs lifted 4.7 million Americans to already-profitable big oil companies. I urge fects to the Florida panther—an iconic symbol above the poverty line in 2011, including 2.1 a no vote. of our state and also one of the most threat- million children. Approximately 91% of SNAP ened species in the world. Panthers play a f benefits go to households with incomes below critical role in our ecosystem, but their habitat the poverty line. SNAP is also a win for the PROTECTING STATES’ RIGHTS TO has been greatly diminished and now there economy because every $1 in benefits gen- PROMOTE AMERICAN ENERGY are only 160 panthers. Fortunately, the gov- erates $1.70 in economic activity. SECURITY ACT ernment recognizes that we need to consider In the 18th Congressional District of Texas, important species like the Florida panther my constituency, there are 154,741 persons SPEECH OF when making land-use decisions. Today’s leg- who will suffer because of the reduction in islation could destroy efforts to protect endan- food assistance to an average of $1.40 meal. HON. CHRIS VAN HOLLEN OF MARYLAND gered species like the beloved Florida pan- Studies have documented the inadequacy of IN THE HOUSE OF REPRESENTATIVES ther. That’s why I urge a ‘‘no’’ vote and yield this level of funding to meet the minimal nutri- back my time. Wednesday, November 20, 2013 tion requirements for children and families. f Hundreds of thousands of Texans may go The House in Committee of the Whole hungry if the cuts to the SNAP programs are House on the state of the Union had under RECOGNIZING THE 90TH YEAR AN- not restored. consideration the bill (H.R. 2728) to recognize NIVERSARY OF THE ST. GEORGE As I stated earlier I am a strong advocate States’ authority to regulate oil and gas op- GREEK ORTHODOX CHURCH for H.R. 3353, the ‘‘Extend Not Cut SNAP erations and promote American energy secu- Benefits Act’’, which maintains SNAP benefits rity, development, and job creation: HON. JIM COSTA at the pre-November 1, 2013 levels and allows Mr. VAN HOLLEN. Mr. Chairman, I rise in OF CALIFORNIA the House and Senate to work to reach agree- opposition to H.R. 2728, which would prevent IN THE HOUSE OF REPRESENTATIVES ment on the Fiscal Year 2014 budget for food the federal government from ever imple- programs. menting a uniform baseline level of safety and Thursday, November 21, 2013 Congress has the power to enact supporting environmental protection in hydraulic fracturing Mr. COSTA. Mr. Speaker, I rise today to legislation for the individuals, families, and operations across the country. recognize the St. George Greek Orthodox communities that struggle with food security in Today’s bill would preempt a rulemaking Church during their 90th Year Anniversary. our country. I encourage the collaboration of process that is not yet completed and require The Valley’s Greek population has roots both sides of the aisle to work for this com- the federal government to defer to state regu- dating back to the late 1800s. Weekly religious mon good. lations of fracking on public lands, no matter services were not available at the time, so a

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A21NO8.004 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E1730 CONGRESSIONAL RECORD — Extensions of Remarks November 21, 2013 Greek Orthodox priest would visit periodically Special Basileus Award: Leonard and Susie families. I have an uncle who I adore and to perform required services such as mar- Gillespie and Gregory Scroggins: K2 Res- who is always afraid just with the thought riages, baptisms, and funerals. The infrequent taurant and Lounge that he could be deported one day, that’s why I say yes to a roadmap to citizenship for visits by the priest prompted several individ- Mr. Speaker, I ask that my colleagues join all the people who are contributing to this uals to consider establishing a church. In me in conveying our appreciation for years of country. 1923, ‘‘The Greek Community of Fresno’’ was civic service by the Pi Lambda Lambda Chap- Story 3: I say yes to citizenship. I am incorporated, and a priest from San Francisco ter of the Omega Psi Phi Fraternity, Inc. It is Cuban, even though I was not [undocu- began to visit regularly. civic groups like the Pi Lambda Lambda mented] when I came to this country I un- The first St. George Greek Orthodox Church Chapter that define the character of our com- derstand the need for the sisters and brother that are undocumented. I just heard the sto- was built in ‘‘Greek Town,’’ where most of the munities and give measure to our generosity ries and what people feel when they have to Greek families had settled. The building of spirit. drive, these are honest men and women that served the Greek community for 50 years, and f come to this country to give everything for still stands today. their life. This is the land where honey and When World War II ended, families grew SHARING STORIES IN SUPPORT OF milk flow we are all immigrants and we need and began to move into other areas of Fresno. COMPREHENSIVE IMMIGRATION citizenship. Every person that does not have Businesses were expanding throughout the REFORM a criminal record should have citizenship. All those honest men and women, parents, city, and a new church was built in 1955. In grandparents, children without documents to the years that followed, many new traditions HON. JOE GARCIA go to school and who are getting behind be- such as the Greek Food Festival started. Not OF FLORIDA cause of not having their documents. Respond, Obama, and all members of Con- only is the festival an annual fundraiser for the IN THE HOUSE OF REPRESENTATIVES church, but residents from all over the Central gress. We say yes to citizenship. I am in- Thursday, November 21, 2013 volved even though I am already a citizen. Valley attend the celebration so they can We have to support our brothers and sisters enjoy dancing, food, and rich Greek culture. Mr. GARCIA. Mr. Speaker, the following are in the name of Jesus. May God bless and Mr. Speaker, I ask my colleagues to join me stories of individuals affected by our nation’s grant them with great wisdom. In the name in recognizing the 90th Year Anniversary of broken immigration system: of Jesus. the St. George Greek Orthodox Church. Their Story 1: I have been in this country for five Story 4: I came to the United States in mission to provide an infinite amount of faith, years. I came from my country, Honduras, 1991. I planned to stay here for three years to hope, and love to the public is highly re- because I was a victim of domestic violence finish my law degree. In 1994 I had an acci- dent. That was my first battle. One can face spected and praised. from my father. When I reported the abuses I was in danger because there were gangs many injustices in this country. I was denied f that threatened me, and I was very scared. I medical attention at a hospital in Michigan. I did not have money, and since I wasn’t cov- RECOGNIZING OF THE ACHIEVE- was able to leave my country with no prob- lems, thank God. I sought the opportunity to ered by insurance I had to leave. MENT WEEK BANQUET FOR THE I stayed in the state of Michigan with this continue studying but I was asked for papers issue until February 1995. Then I moved to PI LAMBDA LAMBDA CHAPTER and they required me to have legal status. I New York. In New York I was diagnosed with OF THE OMEGA PSI PHI FRATER- waited for the Dream Act because, at the NITY, INC. a torn knee ligament (MCL) on my right time, I was hearing a lot of talk about it. knee. The cost of the surgery was $65,000. But, unfortunately, I didn’t qualify for de- Therefore, I didn’t have any other option HON. GERALD E. CONNOLLY ferred action. I got desperate because I didn’t than to go to Mexico. I had the surgery done want to spend much time without continuing OF VIRGINIA after six months. I suffered a lot. Can you my studies. A friend of mine suggested I go imagine? My right knee meniscus and liga- IN THE HOUSE OF REPRESENTATIVES to Canada. When I was crossing through Buf- ments were torn and the pain was unbear- Thursday, November 21, 2013 falo, six immigration officials stopped me able. The hospital’s policy of no discrimina- and treated me very badly. I told them that tion posted on the walls in big bold letters is Mr. CONNOLLY. Mr. Speaker, I rise today I was not a criminal and asked them not to completely false. to recognize the Achievement Week Banquet treat me like that. I didn’t resist, behave I had another accident in 2006 here in for the Pi Lambda Lambda Chapter of the violently, or do anything for them to treat Immokalee, Florida. The lawyers of Azteca Omega Psi Phi Fraternity, Inc. The chapter in- me like that. They made me feel like the Supermarket tried to blackmail me with cludes the communities of Prince William worst person in this country, just because I threats of calling immigration and many County, the City of Manassas, the City of Ma- didn’t have documents. I just wanted the op- other threats of this kind. Then, I basically nassas Park and Stafford County. portunity to continue my studies and I want- dropped the case after writing a letter to the ed for them to help me. I entered a jail with judge in which I called the lawyers cannibals The Omega Psi Phi Fraternity was founded criminals, with women I had never seen in and the fact that they were lawyers didn’t on Friday evening, November 17, 1911 by my life, that scared me just by looking at mean I couldn’t press charges against them. three Howard University undergraduate stu- them. I could not sleep, could not eat in The lawyers of Azteca Supermarket dropped dents, Edgar A. Love, Oscar J. Cooper, and peace. I just kept thinking that at any mo- the case as well. Frank Coleman, and their faculty adviser, Pro- ment there could be violence. Thank God my I have witnessed situations in which work- fessor Ernest E. Just. Together they laid the fiance´’s family and church members raised ers have been hit by their employers. In fact, the money to pay $10,000, and now I’m wait- I have experienced that same situation my- foundation of an organization based on the self. When I was living in New York, I used core principles of manhood, scholarship, per- ing for the court because I have been given a deportation order. I don’t want to continue to work at a store where a [Korean] hit me. severance and uplift. For one hundred years, living in the shadows. We are not criminals. I have witnessed many injustices in this the membership has upheld a strong tradition We are people with dreams, with the same country. We need comprehensive immigra- of friendship and civic engagement. heart, the same blood that runs through our tion reform so that employers stop abusing At this year’s Annual Achievement Week veins. We are people just like the citizens undocumented workers. Today I am diabetic, perhaps because I didn’t get treatment on here. We are also part of this country, this is Banquet, the Pi Lambda Lambda Chapter time. After my first accident I went through our home. Despite everything I’ve always honors the Achievement Week Award recipi- a period of depression and much suffering, considered it my home because I’m thankful ents. These awards are given to the men and watching how apathetic people were. I didn’t I am here and that I’m still alive. If I would women who, through their character and ac- comprehend how even though I was working, have stay in my country I would’ve died a tions, preserve Omega Psi Phi’s four founding the hospitals here in United States wouldn’t long time ago. I only ask for immigration re- treat me. I was contributing to the economy principles. I congratulate the following individ- form to take place soon, because the future uals on being awarded these honors: of this country and the hospitals denied me of so many people is at stake. Update: Her the right to medical attention. There are The Citizen of the Year Award: Congress- deportation order has been postponed until many things I would like talk about, but man GERALD E. CONNOLLY 2014. Her child is due in September of 2013. time is short. I’d like to talk to Congress. I’d The Colonel Charles Young Military Leader- Story 2. I support a roadmap to citizen- like to talk to the members of the House of ship Award: Brother Colonel Drefus Lane ship, as a woman that came to this country Representatives and the Senate, and I’d like Omega Man of the Year: Brother Albert 18 years ago and that have been through to tell them myself why it is important to some hard times. Thank the Lord, today I Woods have immigration reform. am a U.S. citizen, and my children are U. S.- If we are contributing to this economy on Founders Award: Brother Dr. Bryon Cherry, born citizens. I support a roadmap to citizen- a daily basis with our work and sweat, it is Sr. ship for all the people that are suffering, inhumane deny us medical attention, edu- Basileus Awards: Brother Lee Bennett, Jr. that don’t have a driver’s license, that don’t cation and the opportunity to prepare our- and Brother Erik Noel have documents and are afraid to lose their selves to be better. I want to reiterate that

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A21NO8.008 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS November 21, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1731 is very important to pass comprehensive im- should have so many more benefits so that Like I said, I’m from Miami, and all I have migration reform. we can hold a job. It is very difficult to keep to do is go to the grocery store and buy some Story 5: Hello. I’m from Argentina, but a job without papers. I would like for un- oranges. But I’ve met a lot of people that get I’ve been in the United States for 12 years. I documented immigrants to be okay in the up when the sun comes out, go to bed when am very appreciative of this country because United States like everyone else that has pa- the sun goes down, and on top of paying it has opened doors for us, because we came pers, for us to be okay with the law, because them so little, the city is trying to kick from Argentina where things are really bad. it is very difficult for me. them out. When I was in school, I was taught Please, we need immigration reform, a path Story 11: I am a farm worker, mainly the word ‘‘democracy.’’ My teacher taught to citizenship, because we don’t have driver’s working on farms picking oranges. I’ve had me that in a democracy, as long as you do licenses, we don’t have health insurance, and many jobs: picking apples, working with to- right, things will turn out right for you. And we don’t have anything to help us stay safe bacco, and doing a lot of other agricultural I’m seeing a lot of people that are doing in this country. We want to stay here, we’re work. Another thing, I am a citizen. My par- things right but things are going right sim- not going to leave, and for that I say yes to ents were in Texas when I was born. They ply because they came from another place. urgent immigration reform, yes to fast citi- worked there after they came from Mexico Like I said earlier, it really hurts me to see zenship. I’m a 63-year-old grandmother, and and they were undocumented. My relatives someone from Mexico, or Peru, from wher- I’ve worked a lot in Miami, but now we can’t and I were born therein Texas during the ever, that the department of immigration, work nor do anything because we don’t have World War, and the United States was fight- local police, the federal government, some- papers. My daughter is unemployed because ing. This country needed a lot of manpower, times President Obama, sometimes Repub- she doesn’t have papers. She is 23 years old so they let a lot of undocumented people in licans, sometimes Democrats treat them like and doesn’t have papers. I have married chil- to work here because they needed to sustain less. I’m Puerto Rican, I’m an American cit- dren, but they are married to undocumented the jobs here so that the country would sur- izen, and I am nothing better than these peo- people, not to people with papers. Please, we vive. Because of this, there were many un- ple. These people are so humble and work need urgent immigration reform. documented people here. When the war fin- hard just like me, and this is what brings me Story 6: I want to say yes to citizenship be- ished, the excuse they gave was that because to causes like this one. I met a young man cause I believe, just like me, so many good the soldiers were returning here, they didn’t who’s Mexican who’s hanging out with us, he people have come to work in this country, to need undocumented workers, so there were has four children, he’s incredibly humble, help and contribute to the economy. I have raids to return all the undocumented people and he’s a hard worker. The only crime he’s been living here for 15 years. I am a person and the families that had these groupings, done is to wake up every morning, go home including American citizens, and they sent like any other, and I believe and think that every night, and put food on the table. us back to our countries. That happened citizenship is necessary because we have That’s his only crime, to put food on the when I was a child. Now the same thing is re- earned it with our work and the sweat on our table, to feed his kids who are U.S. citizens. peating but with a different excuse—now it’s foreheads, and it would help us so much be- Four kids that if they were to deport their the economy, that’s why they’re sending cause we face too much discrimination in dad, the kids would end up orphans. And it them back to their countries. This thing is our jobs. They rob us, pay us low wages, and seems to me the government doesn’t have an that people who are not from here are re- there has to be an end. Also, I’d like to say interest in more orphaned kids, the Depart- turning, they’re returning to their families, that if there is citizenship or a bill, it would ment of Children and Families isn’t asking their children, who are American citizens. be a great help to the economy of this coun- for more orphans. You would think the gov- Sometimes they deport the father or the try and I’d also like to say thank you to all ernment would want less. mother or a few times both, and the kids of you for doing all of this, for making us a Story 14: I am here as a volunteer in the stay separated from their parents. In this part of this huge force, and of course, yes to movement because, well, right now I person- country it is presumed that families should citizenship. ally work with immigrant families and see Story 7: I am supporting immigration re- be together, but for undocumented people, the destruction that exists in families, sepa- form for citizenship. I am in this country il- we’re not given what everyone says we rating and deporting parents, including citi- legally. I want to be a citizen so that I can should have. What I’m saying here is that we zens who have children born here and those contribute to this nation. Thank you very have been living in this country for many, children are still suffering the consequences. much. many years, so we need to do something. And, personally, I have a daughter in Mexico Story 8: It’s been six years since I came There needs to be reform to the existing im- and one in California. My daughter who is in from Mexico. I came to this country because migration laws. We need to fight for immi- California is illegal as well, unfortunately. the situation in Mexico is very critical. gration reform that can fix the existing And my daughter who is in Mexico does not There’s a lot of crime, you know. There are problems, so that they can classify undocu- have the same opportunities as my daughter so many criminals who kill like it’s nothing. mented people who are here and unite fami- here. I haven’t seen my daughter or her fam- There’s no work. I say yes to immigration lies so that all the injustices that are occur- ily in 18 years. My grandchildren in Cali- reform so that we can be American citizens. ring can stop. If you don’t have a license, fornia do not know my grandchildren in I also consider this country like my own, and you’re a criminal and they deport you. They Mexico, and it is a very great sadness that I I say yes to reform. separate families, and the kids are the ones carry. Every time I look at the separated Story 9: I am a native of Jalisco, Mexico, that suffer. Now that President Obama was families, even though it hasn’t affected me and I was born in 1969. I’m from a rural area reelected, there a lot of possibility for immi- directly if, for example, my son or my hus- in Jalisco. I came to the United States when gration reform, but what do we have to do? band were the deported, the fact that my I was 14 years old. I worked in a farm in We need to unite to achieve just reform in a daughters have not seen each other for so Homestead, which opened opportunities for way that everyone, or the majority, can many years, that my grandchildren will not me in this country and I received my resi- qualify to receive their documents and can know each other each other— it hurts. I see dency in ’86. Now I am working with the Uni- be here legally. versity of Miami, and I volunteer with the Story 12: More than anything for me, I’d so many families dealing with this type of Florida Farmers Association. The Associa- like them to give us the chance to visit our separation in my daily work. These families tion made me President of the Board of Di- families and to be able to move, for work if ask me for help because they know I can help rectors, and now I am telling them that we not for anything else. We hope that there them with transportation, translation, or can help reform our immigration system and will be something that benefits all of us, not filling out paperwork. But unfortunately I asking them to support immigration reform just me, but for everyone that needs it. I’ve cannot do much for them, even though I if they can. This is what I’m doing for the been in the country for 12 years and until whole-heartedly want to. I do what I can but immigrant community living in the country. now we’ve been doing well, but because we others can do more. I am in this caravan Above all else, I am also asking that all the don’t have licenses, we can’t go anywhere hoping that immigration reform can benefit states in the United States approve driver’s easily. But, as far as work and everything all families, including mine. licenses because, independently of whether else we are all well, thank God. reform happens or not, people will come to Story 13: I’m from Puerto Rico, and I live f this country with papers, they will overstay in Miami. I joined the caravan [organized by PERSONAL EXPLANATION their visas, and stay undocumented. I am the Florida Immigrant Coalition to support asking for reform for the immigrants that immigration reform] because since I arrived come to this country. in this country, I knew something was not HON. BILL SHUSTER Story 10: For me, it is very important that right. There’s a community of 11 million peo- OF PENNSYLVANIA some kind of reform takes place because it is ple that work hard for their country, this IN THE HOUSE OF REPRESENTATIVES very difficult for us to stay here in this country, my country, but my country is pun- country with all the problems from the po- ishing them. These people aren’t criminals. Thursday, November 21, 2013 lice regarding driver’s licenses and without I’ve met so many of them through the cara- the benefits that everyone else gets. Many van and they are farmworkers—maybe Mr. SHUSTER. Mr. Speaker on rollcall No. Americans consider us to be below them sim- they’re kicking them out because of that, be- 598, I was not present for the vote due to a ply because we don’t have papers, because we cause they’re not engineers, or doctors—but family emergency. have no way to defend ourselves, because we these are the people that put my breakfast Had I been present, I would have voted are treated by the police, and all that. We on the table every morning. ‘‘nay.’’

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A21NO8.010 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E1732 CONGRESSIONAL RECORD — Extensions of Remarks November 21, 2013 HONORING THE ROGERS FAMILY INTRODUCTION OF THE CITIZEN for political contributions to federal candidates INVOLVEMENT IN CAMPAIGNS or national political parties (limited to $200 per (CIVIC) ACT taxable year), or a 100 percent tax deduction HON. LEE TERRY (limited to $600 per taxable year). Both limits, of course, are doubled for joint returns. As OF NEBRASKA HON. THOMAS E. PETRI OF WISCONSIN long as political parties and candidates pro- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES mote the existence of these credits, the pro- gram can have a real impact and aid in mak- Thursday, November 21, 2013 Thursday, November 21, 2013 ing elections more grassroots affairs than they Mr. PETRI. Mr. Speaker, today, I am intro- Mr. TERRY. Mr. Speaker, I rise today to are today. ducing legislation to establish a program of honor the Rogers’ family for their commitment A limited tax credit for political contributions limited tax credits and tax deductions to get can be a bipartisan, cost-efficient method for to volunteer their time and talents towards average Americans more involved in the polit- helping balance the influence of large money community service. They encourage one an- ical process. This bill, the Citizen Involvement donors in the American electoral process. In- other to support their community through in Campaigns (CIVIC) Act, will broaden the stead of driving away most Americans from church, military, and school activities. base of political contributors. participation in political life, we can offer an in- Joel and Felicia Rogers are native According to the Center for Responsive Pol- vitation for citizens to play a larger role in po- Omahans who have given back to their com- itics, during the 2011–2012 election cycle can- litical campaigns. It seems to me that this will didates winning a seat in the House spent an munity in a large way. On top of raising seven be a fruitful way to clean up our system, while average of more than $1.5 million. Viewed in children, the Rogers’ have maintained a strong at the same time convincing Americans that the aggregate, more than $4.25 billion was they actually have a meaningful stake in elec- ethic of serving their community through their contributed to campaigns for federal office, tions. I encourage my colleagues to cosponsor faith service and commitment to excellence. with more than 63 percent of this total given the Citizen Involvement in Campaigns Act. Joel, a veteran of the United States Marine in chunks of $200 or more. Donors making f Corps, currently serves as a Legislative Policy contributions of $200 or more were a small Analyst in the Commander’s Action Group of segment of our population, about one-half of HONORING VISITING NURSE ASSO- CIATION AND HOSPICE OF THE the U.S. Strategic Command at Offutt Air one-percent of all adults (Center for Respon- sive Politics). Is it any wonder then that some FLORIDA KEYS MONTH Force Base. Joel points to his parents’ strong believe that large campaign donors have support and his firm upbringing as the under- undue influence with the winning candidates? pinning of his and Felicia’s parenting and lead- HON. JOE GARCIA We need to take a fresh look at innovative OF FLORIDA ership strategies. During his 28-year career in approaches to campaign finance reform, with IN THE HOUSE OF REPRESENTATIVES the military Joel has led major efforts for the special attention paid to ideas that encourage, Marine Corps both domestic and abroad. and not restrict, greater participation in our Thursday, November 21, 2013 Joel’s service has earned him the Military Out- campaigns. Toward this end, I have been ad- Mr. GARCIA. Mr. Speaker, I rise today to standing Volunteer Service Medal, among vocating tax credits and deductions for small recognize November as the Visiting Nurse As- many other accolades. Currently, Joel volun- political contributions for many years. An up- sociation and Hospice of the Florida Keys teers with the Papillion Recreation Organiza- dated tax credit system would be a simple and Month. tion (PRO), and supports the annual Toys for effective means of balancing big donors and Twenty-nine years ago, VNA Hospice of the bringing individual contributors back to our Florida Keys began providing specialized Tots drive put on by the Marine Corps. campaigns. The impact of this counterweight home health care services to the residents of Felicia serves as the district director in my will reduce the burden of raising money, as Monroe County. Today, thanks to the organi- Omaha Congressional office. She is a highly well as the appearance of impropriety that ac- zation’s continued and dedicated service, it skilled administrator with expertise built from companies the money chase. stands as a beacon in the home health care service in public, private, and non-profit orga- Most would agree that the ideal way to fi- industry. nizations. Felicia dedicates much of her time nance political campaigns is through a broad The work they do is vital in empowering pa- to faith based and school activities within our base of donors. But, as we are all painfully tients to live their lives fully and providing community. Some of her past community ef- aware, the economic realities of modern-day comfort in their time of need. Home health campaigning lead many candidates to focus care services provide essential benefits to my forts have taken place with the Wesley House most of their efforts on collecting funds from a community and those across the country. The leadership academy, Toys for Tots, the Girls few large donors. This reality alienates many VNA Hospice, for instance, has donated al- Club of Omaha, and as the 2nd Lieutenant Americans from the political process. most half a million dollars in charity care to with the 99th Pursuit Squadron of the Civil Air The concept of empowering small donors is residents in my district over the last two years Patrol. Currently, the Rogers family actively not a new idea. For example, from 1972 to alone. In celebration of November, Home Care participates at Life Church Omaha raising 1986, the federal government offered a tax and Hospice Month, I would like to extend my funds to send groups of missionaries to credit for small political contributions. This pro- congratulations and sincere thanks to the VNA Zimbabwe and Haiti. vided an incentive for average Americans to Hospice for 29 years of excellent service. contribute to campaigns in small amounts Joel and Felicia have been blessed with f while simultaneously encouraging politicians to seven children. Javin, the eldest, is the Prod- solicit donations from a larger pool of contribu- CONGRATULATING STATE CHAM- uct Launch Director for Kenexa. Clifton works tors. Currently, five geographically and politi- PION MINNETONKA GIRLS SOC- as a design and production manager in the cally diverse states (Oregon, Minnesota, Ohio, CER TEAM media/advertising industry, and is a profes- Virginia, and Arkansas.) offer their own tax sional musician on the side. Three of the Rog- credits for political contributions. These state- HON. ERIK PAULSEN ers’ sons decided to take after their father and level credits vary in many respects, but all OF MINNESOTA serve their country as United States Marines. share the same goal of encouraging citizens IN THE HOUSE OF REPRESENTATIVES to become more involved. Blake serves as a Staff Sergeant specializing Thursday, November 21, 2013 in advanced communications. Darnell is a Ser- The CIVIC Act can begin the process of building this counterweight for federal elec- Mr. PAULSEN. Mr. Speaker, I rise today to geant specializing in imagery analysis. tions. This bill is designed to encourage Amer- congratulate the Minnetonka High School Girls Dwayne, a Corporal in the Marine Reserves, icans who ordinarily do not get involved in pol- Soccer Team. The talented group of young la- is currently a college student in Omaha. Ryan, itics beyond casting a vote every two or four dies demonstrated extreme passion, intensity, 11, is a fifth grader in the Papillion La-Vista years (that is, if they bother to vote at all) to and dedication to their school in a hard-fought school district and an active baseball and bas- become more active participants in our polit- effort to win this year’s Girls State High School ketball player. Zoe, 11, and the only daughter ical process. Championship. in the Rogers family is also a fifth grader and The CIVIC Act will reestablish and update The team had a phenomenal season, fin- plays volleyball for Team Dazzle in Papillion. the discontinued federal tax credit. Taxpayers ishing with a record of 17–2–2. Four of their can choose between a 100 percent tax credit players, Maggie Crist, Ellen Mau, Elizabeth

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A21NO8.013 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS November 21, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1733 Endy, and Alli Bakken were selected for the old, is the next oldest child in the house. I look forward to working in partnership with all-tournament team. The Skippers allowed Aidan has a congenital heart disease and had parents, community leaders, and elected offi- only two goals throughout the playoffs and open-heart surgery when he was only two cials to help improve our nation’s public edu- shutout Lakeville North in the championship months old. Anahla, 5, and Lasia, 4, complete cation. final. The only goal of the game was scored the long list of adopted children in the Rich- I know firsthand the difference a quality edu- in the 56th minute by junior forward Ellen ardson household. Patti also has three birth cation makes in a child’s life. Mau, solidifying the championship for the Skip- children, William, Jeffery, and Mikayla, all of The foundation of a strong democracy is pers. Showing true sportsmanship, Mau later whom are now adults. high quality public education that is accessible stated, ‘‘We are proud of ourselves for getting Sadly, the family has suffered through the to all. one past that defense because we know how loss of two of their own. Corey, a shaken baby tough they are. It’s also exciting we could get who Patti fostered and then adopted, passed That is what helps promote a fair and just this result against an equally as good of a suddenly at the age of three. Andrew, Patti’s society. team.’’ youngest birth child, has also passed from Thank you for the opportunity to speak on The ladies of this team exemplified hard brain cancer. The family thinks of Andrew fre- the importance of American Education Week work, sportsmanship, and dedication the entire quently and Patti believes that he gives her and public education. season and portray what it means to be a stu- guidance to help her through the stress and dent athlete. I would also like to commend the heartache that she sometimes faces while car- f coaches for leading their team to the Skipper’s ing for her children. first championship since 2001. The Richardson family illustrates the hope HONORING THE LIFE OF ALVIN J. Finally, a special congratulation goes out to and love we know exists in our communities. QUIST senior Elizabeth Endy for being named Girls’ It is my privilege and honor to represent the Soccer Metro Player of the Year and Min- Richardsons and others like them in my com- nesota Ms. Soccer. munity. HON. JIM COSTA Mr. Speaker, the Minnetonka Girls Soccer f OF CALIFORNIA Team displayed a positive standard for all of AMERICAN EDUCATION WEEK IN THE HOUSE OF REPRESENTATIVES their classmates and the community. It’s an Thursday, November 21, 2013 honor to be able to represent, and recognize, HON. JOYCE BEATTY such all-star athletes. To the entire team, Mr. COSTA. Mr. Speaker, I rise today to OF OHIO coaching staff, and school: congratulations pay tribute to the life of Alvin J. Quist, who IN THE HOUSE OF REPRESENTATIVES and go Skippers! passed away on October 29, 2013 at the age f Thursday, November 21, 2013 of 89. Alvin exemplified the very best of what PERSONAL EXPLANATION Mrs. BEATTY. Mr. Speaker, this year, our our nation has to offer. He was a hard working nation will celebrate the 92nd annual Amer- dairyman, proud World War II veteran, and an ican Education Week, which is a week running American hero devoted to military and public HON. BILL SHUSTER from November 18–22, 2013. service. OF PENNSYLVANIA This special week serves as a wonderful op- Alvin was born into a Danish immigrant fam- IN THE HOUSE OF REPRESENTATIVES portunity for all Americans to celebrate public ily and grew up on a dairy farm. He was active Thursday, November 21, 2013 education and honor those individuals who in 4–H and later became involved in the Fu- dedicate themselves to ensuring that every Mr. SHUSTER. Mr. Speaker, on rollcall No. ture Farmers of America at Central Union High child receives a quality education. School where he also played football and 590, I was not present for the vote due to a American Education Week is intended to family emergency. served as student body president. Upon grad- recognize all who make a difference in our uating from high school, Alvin attended Cal Had I been present, I would have voted education system—from teachers to education ‘‘nay.’’ Poly San Luis Obispo (Cal Poly) to major in support professionals to parents. Dairy Science. f In Ohio public schools, we have 112,845 full time equivalent teachers, 3,642 guidance In 1943, Alvin’s studies were interrupted as TRIBUTE TO THE RICHARDSON he proudly joined the United States Marine FAMILY counselors and directors, 3,196 librarians and staff, and 104,394 administrators and support Corp during World War II. When the war staff. ended, Alvin returned to Camp Pendleton to HON. LEE TERRY It is these individuals who ensure that our help wounded soldiers transition back to civil- OF NEBRASKA students gain the necessary skills and edu- ian life. IN THE HOUSE OF REPRESENTATIVES cation for a productive and bright future. Alvin met the love of his life, Mary Briggs, Thursday, November 21, 2013 As a supporter of these great Americans in July 1946, and they married a year later. He and as a former college administrator, I be- finished his degree, and graduated from Cal Mr. TERRY. Mr. Speaker, I rise today to tell lieve it’s essential to raise public awareness Poly in 1947. Alvin and Mary moved to the the story of the Richardson family and honor about the importance of public education. Kearney Park area so Alvin could join his fa- them for the strength they display to overcome I am proud to show my appreciation for the ther on the dairy farm. They milked 90 cows obstacles and continue to be a loving family. key role educators play in the lives of every and farmed 300 acres. Through adoption they have welcomed their child in America. A distinguished community leader in the ag- children into their home and created a loving We must ensure that we all do our part in family unit. ricultural industry, Alvin sat on a wide range of making public schools a great foundation for boards including Fresno Irrigation District, Patti Richardson is dedicated to serving her every child, so they can achieve and succeed nine children, no matter their background. California Milk Advisory Board, Fresno County in the 21st century. Farm Bureau, and Big Fresno Fair Board. When Patti comes across a child in need, she I celebrate the teachers in kindergarten is always there with open arms willing to wel- Alvin gave back to his community uncondition- classrooms, high school labs, and university ally based on his faith and love for God. come them home. She invests significant halls. amounts of time and money in these children, I celebrate the school counselors who coun- Family was most important to Alvin. He was filling her home and yard with toys, exercise sel adolescents and help students carve out an extremely loving husband and father to his equipment, and other tools. career aspirations. son, Jim, and daughters, Debbie and Marsha. The Richardson family consists of Ragina, I celebrate the coaches, school nurses, so- Alvin cherished spending time with his grand- 22, who was born with Fetal Alcohol Syn- cial workers, and special education teachers. children and gladly attended their school func- drome and ADHD. Also born with congenital I also celebrate those who transport stu- tions, sporting events, and dance recitals. heart disease, Ragina required surgery to fix it dents to and from schools and extra-curricular Mr. Speaker, it is with great respect that I at the age of one. As the eldest child in the events because our students also need the ask my colleagues in the House of Represent- house, Ragina looks after her younger sib- opportunity to learn outside of the classroom. atives to pay tribute to the life of Alvin J. lings. Next is 10 year old Wesley. Wesley has Thank you to all who make our public Quist. He was a proud American and leaves ADHD as a result of being exposed to meth- schools better and improve our public edu- a legacy of hope and faith for many genera- amphetamine before birth. Aidan, of 7 years cation system. tions to come.

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A21NO8.016 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E1734 CONGRESSIONAL RECORD — Extensions of Remarks November 21, 2013 PERSONAL EXPLANATION constant oversight for this mission, it would home countries to visit their parents, their not have been successful.’’ siblings—I think that will be something very HON. BILL SHUSTER This award is just the latest achievement in good for the country as well. Story 3: I arrived 22 years ago from San OF PENNSYLVANIA an amazing public service career that extends beyond NASA to include his years mentoring Marcos, Guatemala. Thank God we had the IN THE HOUSE OF REPRESENTATIVES the robotics team at Herndon High School, opportunity to have papers, but we are here Thursday, November 21, 2013 guiding them in national competitions and in- to support our people. We want everyone to spiring generations of young Americans to be equal and to have the opportunity that we Mr. SCHUSTER. Mr. Speaker, on rollcall had. So it is great that there is a possibility No. 600 I was not present for the vote due to pursue careers in science and technology. at reform for all. The only thing we can do a family emergency. Mr. Speaker, I ask my colleagues to join me is support in any way we can—by meeting Had I been present, I would have voted in extending our highest praise and congratu- and being with them. I think that people can ‘‘aye.’’ lations to the Dave Lavery and the eight other work legally and do many things. f public servants from around the country who Story 4: I’m from Guatemala. I’ve been have been honored with Samuel J. Heyman here with my wife for nine years and we are PERSONAL EXPLANATION Service to America Medals this year. Their nothing in this country. We came here for achievements range from working to eradicate the purpose of allowing our family to suc- HON. KERRY L. BENTIVOLIO polio in India to landing an exploratory vehicle ceed. In Guatemala, the circumstances over OF MICHIGAN on Mars to saving the Air Force more than $1 there don’t allow for success. For that rea- son, we came here to have a life a little bet- IN THE HOUSE OF REPRESENTATIVES billion in 2012 by reducing energy consump- tion. It has been my great privilege and honor ter than what we had there. All we are ask- Thursday, November 21, 2013 ing is for the Senators and the people listen- to represent tens of thousands of exceptional Mr. BENTIVOLIO. Mr. Speaker, on rollcall ing to this recording to support us because Federal workers who hail from Virginia’s 11th the majority of Hispanics that are in the Nos. 588 and 589, I was unable to be present. Congressional District. They all deserve our United States are here to work and support My wife had surgery that day, November 18, thanks and respect. this country. For that, we want to be heard 2013, and I needed to be by her side. f and we want to say yes. We want to arrive to Had I been present, I would have voted citizenship because we need it. You see on ‘‘aye’’ on all said votes. SHARING STORIES IN SUPPORT OF TV and in the news that many families are f COMPREHENSIVE IMMIGRATION suffering and many families are crying. REFORM There have been many deportations, and we RECOGNIZING DAVID LAVERY AND don’t want that that continue. We want all THE MARS SCIENCE LABORA- HON. JOE GARCIA families to feel happy and live happily here, TORY TEAM FOR RECEIPT OF but they’re scared. We don’t want people to OF FLORIDA THE SAMUEL J. HEYMAN continue living in fear. For that we make IN THE HOUSE OF REPRESENTATIVES SCIENCE AND ENVIRONMENTAL the invitation to collaborate, because every- Thursday, November 21, 2013 thing we can do, we will do. We don’t want MEDAL racism, for example. Here there are various Mr. GARCIA. Mr. Speaker, the following are nationalities from various countries, and we HON. GERALD E. CONNOLLY stories of individuals affected by our nation’s are unified for this cause. We will continue OF VIRGINIA broken immigration system: uniting, for whatever work there is. I work Story 1: Legalization is necessary. There in landscaping, cutting branches on trees, on IN THE HOUSE OF REPRESENTATIVES are many things that people don’t know that palms, cleaning gardens. Right now, we don’t Thursday, November 21, 2013 the authorities do. In my case, I’ve lived have kids and my wife and I have been mar- Mr. CONNOLLY. Mr. Speaker, I rise to rec- through three or four accidents that I saw, ried for seven years. and I am the only one who saw and I didn’t ognize and congratulate my constituent David Story 5: I am originally from Guatemala. I testify because I’m scared. I think that be- immigrated to the United States in 1987 at Lavery, as well as his colleagues on the Mars cause of that they closed a lot of cases. I’d age 18. I turned 18 while crossing the desert. Science Laboratory Team for being awarded like something to be done. Also, at work, There I celebrated my birthday. From there there are three or four companies that the Samuel J. Heyman Science and Environ- I went to work on a farm for three or four haven’t paid me and discriminate in a lot of ment Medal. The Samuel J. Heyman Service years. In that time, the situation was much things that happen. We, who work with to America Medals (referred to as the more difficult, but I had the opportunity to meat, know a lot of things that aren’t easy Sammies) pay tribute to America’s dedicated work in different jobs. Around that time I to say to anyone for fear of what that infor- federal workforce, highlighting those who have was a beneficiary of the NACARA law, which mation would do and because of that, reform allowed me to apply. I saw that the NACARA made significant contributions to our country. is necessary. Honorees are chosen based on their commit- I’m Mexican and I’ve been here for 21 law benefitted me a lot because I was able to ment and innovation, as well as the impact of years. Ultimately, the truth that I’ve seen a have some economic stability for my family. their work on addressing the needs of the na- lot of things that shouldn’t exist for human I have been married for 22 years, and I have beings to practice these types of things. Be- a 19-year-old son. The NACARA law has al- tion. ways helped me, so of course I feel like there As Program Executive for Solar System Ex- cause realistically, all of us deserve to live as best as possible and I think that there is is a need for immigration reform because it ploration, Mr. Lavery leads the Curiosity rover would benefit my community so much. The mission to Mars that is exploring the Red a way that we can live and do whatever type of work, without being treated the way they people who are here can grow economically Planet’s geology and climate and assessing treat us. We want to be welcome wherever and help their families. They can create whether conditions are favorable for microbial we want to go. businesses and jobs in our country. That is life and future human exploration. This historic Story 2: I arrived in the United States ap- why people emigrate here, because there are mission is the culmination of more than a dec- proximately 25 years ago. Thank God I am no jobs in their home countries. I don’t know, governments don’t invest in creating ade of perseverance, engineering break- now an American citizen, but I have many friends who suffer because they do not have jobs and so people in immigration limbo throughs, and scientific innovations. The mis- don’t want to invest because they don’t sion’s findings will rewrite the textbooks on the their documents. One of the hardships is that they are not allowed to work or go to many know what will happen. I feel that it’s a ne- geology of Mars and shed light on the possi- places. For example, there are jobs that they cessity, and I think we deserve it. We are bility of life-supporting environments there. are able to do, but they’re not allowed into working people. The majority that come Working on the cutting edge of space explo- those places. So they can make $20 or $25 per here come for work. We don’t come for public ration at NASA was Mr. Lavery’s childhood hour, but they’re making $15 or less because benefits. In my community, very few are the dream. Although unable to become an astro- they can’t go to the place, even though they type to try to get social assistance. The ma- jority, like my case, came and paid taxes, naut, he has twice helped place American can do the job. So I say yes to immigration reform because it helps the government as and they have been paying taxes since com- technology on the surface of another planet. ing to the United States. His first flight project was Sojourner—a rover well. The government makes money for giv- ing out papers. People are going to buy cars, They deported me in 1987 after I was de- sent to Mars in 1997. For the Curiosity mis- they’re going to buy houses, they’re going to tained in Krome. I was held in Krome for a sion, Lavery carefully supervised every step of travel within the United States. So, the month or a month and a half before they the process leading to the launch. According money that they’re going to pay to get their sent me to my land. It’s very frustrating, be- to Jonathan Rall, assistant director of NASA’s papers is more than they contribute to the cause I’m from a town very far from the cap- Planetary Science Division, ‘‘Without Dave’s United States now. They will travel to their ital. At that time, it was about eight hours

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A21NO8.021 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS November 21, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1735 by truck. I didn’t know anything when I ar- immigration reform. They stopped my hus- form. To the Senators and all the people rived. I was in a city I had never been to be- band and asked for a license, which he didn’t hearing this message, please help us for the fore. It was very difficult, but I didn’t turn have. That was the reason they deported immigration reform that we are all hoping back because I had no alternative. There was him. It’s a very difficult case and my kids for and we hope that this is the year that it no work. I graduated with my Master’s de- suffer a lot from the absence of their father. happens. gree and came back here because there were Story 9: I support immigration reform be- Story 13: I’m Nicaraguan and got TPS in no job opportunities there and because the cause I’ve encountered those problems. When 1998. I had a problem. A policeman gave me political situation was very hard. I didn’t have papers, I was always living in a DUI because I had a neck problem. I lost Story 6: I’ve been in this country 17 years. hiding and I do not want others to go consciousness because of the medicine that I I came alone, made my family here, so for through the same problem. I wish that ev- took, which was not supposed to be taken sure my wife is here by my side. I have two eryone could have their papers to live in while driving, but I did it because I needed to daughters, one who is 13 years old, and I still peace and tranquility. pick up some money urgently. I say yes to have no papers. But I’ve kept going because Story 10: I am an American citizen and I citizenship. Right now I am in a limbo be- now I have no choice but to keep fighting want to remind the Congressmen of the cause of my immigration status. They re- harder, for my daughters’ benefit more than United States that my vote will go to the moved my TPS. After they removed my TPS, anything. I’m working and, I don’t know, I people who have humanity when it’s time to I was sent to immigration court with a law- hope that this immigration reform that decide on immigration reform. Make it a hu- yer who told me to apply for political asy- they’re fighting over will be given to us be- mane immigration reform, not one based on lum. But they didn’t approve it and asked cause it will allow us to benefit the country. the whims of Congressmen. My vote will al- me for voluntary departure. Every day I feel For me and my kids, immigration reform ways be for the humane Congressmen. Immi- that, if they get me, I am going to be de- will give them greater security to have their gration reform will help all those that don’t parents here in this country without having have papers or a path to citizenship. We re- ported to my country. Now I have 16 years to hide from immigration and the police. For member that there should be a path to citi- working here contributing to the produc- work, I can’t drive a truck to get to my job. zenship with a quick process, not like what tivity and economy of this country. I have I have to go with someone that has a license Senator Marco Rubio and his colleagues worked honestly. The problem I had was be- to drive, and it’s very much the difference in want. We will always vote against the people cause I wasn’t well represented in court salary, even though I know the work and ev- who think like that. about the DUI. I paid lawyers but it was use- erything, it’s a point less for me. That is the Story 11: I’m Nicaraguan. I am 35 years old less for me because they were not able to de- first thing for me. I want to buy a car or and came to this country 13 years ago. My fend me. I have evidence that proves that the something that can benefit me and my fam- dream is to bring my family to the United police gave false evidence. I was an indus- ily and help me to do my duty for this coun- States. I came with just that one goal be- trial electrical engineer in my country, and try. Up until now I’ve tried to not put myself cause the democratic system in my country I intend to work with dignity, honesty, with into problems. I try not to go out too much doesn’t work. I’ve lived through many hard- the sweat of my brow to succeed, because if or go to parties and things like that. I’m ships and because of those I immigrated to I go back to my country, I have no chance of over that, and I’d rather be with my family the United States. Now with 13 years here, surviving there. and without any problems. But, I can’t go we ask for immigration reform and the op- Story 14: I arrived in the United States in wherever I want. My wife has family here, portunity for citizenship because we want to 1985 to study. I have three kids, and we and they all have papers. I haven’t seen my fam- be incorporated into society. We want to be need immigration reform. Please. In the ily in 16 or 17 years. My boss fired me and I’d a part of it. We want the opportunity to name of God, we need this reform because it like to go to Mexico, but I can’t because I vote, to apply to whatever we need. Immi- is hard not having a license. wouldn’t be able to come back. I have no gration reform will be good for the country other choice but to stay for my kids. as well as for us if we can contribute. My f Story 7: I’m a little nervous because my dream is to buy my house and continue in story is sad, but I’m now happy because I am my studies because I don’t want to stay stag- PERSONAL EXPLANATION without problems, without any preoccupa- nant. I want to move my daughters forward. tion. They confused me with a certain per- I have two daughters; one was born in Nica- son, but I never robbed anyone and I always ragua and the other is an American citizen HON. BILL SHUSTER maintained that it wasn’t me. They received who was born in this country. I can’t imag- the evidence from the other person, it was ine returning to my country, I don’t have OF PENNSYLVANIA very sad and painful, and because being in any plans to do so. I hope that the legislators IN THE HOUSE OF REPRESENTATIVES prison is not easy at all and is very unpleas- and President Obama support reform, be- ant. It’s very sad for people as well as their cause now we are ready to be a part of this Thursday, November 21, 2013 families. My family worried day and night, great country. and I was wondering that I that I wouldn’t Story 12: I’ve been here for 12 years, going Mr. SHUSTER. Mr. Speaker, on rollcall No. get out, but with the will of God I got out on 13, and I brought my two daughters, when 601, I was not present for the vote due to a with a $7,500 bail. I had about four court one was two and a half and the other was a family emergency. dates. They sent me to Krome, and from year old. They believe that this is their Had I been present, I would have voted there I told the judge to give me voluntary country, and I do as well. I came here and we ‘‘nay.’’ leave to my country. When I left, they told liked it. We came from my country because me that I had to report to Mexican immigra- life is very difficult there. Now there’s a lot tion. I went and entered and delivered a of crime. I am Mexican and it is very hard to f paper that they gave me, but I always knew live there now. My daughters don’t want to that I wanted to return. I was in my country return to Mexico because of everything we’ve A TRIBUTE TO WILL CROCKER for a month, and then came back. Since seen over there—a lot of crime, a lot of kill- then, thank God, I have not gotten in trou- ing. There’s no work, no way to move for- ble. I don’t drive, and I don’t do anything be- ward. My daughters say that this is their HON. MIKE McINTYRE cause I am holding out because if God helps country, they are Mexican but they are OF NORTH CAROLINA us with this reform we will come out ahead. home. They speak English and Spanish very IN THE HOUSE OF REPRESENTATIVES Firstly to God, we ask a lot, to the congress- well, but they say that all they know is this men, to the Senate and the President, that country. So I say yes to citizenship for all Thursday, November 21, 2013 they have a lot of consideration for so many the people that are like me in this country. people who need equality. I came in April of We don’t have licenses to work or to even Mr. MCINTYRE. Mr. Speaker, I rise today to 1990. I am Mexican, and all my siblings are look for a job. I had a job and some people pay tribute to a truly outstanding North Caro- citizens. I’m the only one who is not. I hope did me harm. They sent me a letter and fired linian, Will Crocker, who has served as the for the day when I can be equal to everyone me from the job, and now I am unemployed. Clerk of Court for Johnston County, North else. I need to work to help my daughters get Story 8: I’m a mother of two children who ahead, and so I say that now is the time that Carolina, for almost thirty-five years. Mr. were born here in Florida. They deported my we help all people, the 11 million undocu- Crocker assumed his current post in 1978, but husband to Guatemala five years ago. We are mented people in this country. We came for has been an outstanding public servant since united and want to ask Congress and the honest work. We came to do the jobs that 1959, when he first began working as a clerk White House to support us, that yes we can, many people won’t do. Please, it is the time for Selma Recorder Court. He has since dedi- that now is the time for them to give us im- for citizenship, something so we can be okay cated himself wholly to bettering this great migration reform. We are encountering here and so we don’t have to go somewhere community, and I ask you to join me in recog- many families going through difficult situa- and be afraid that they’ll stop the bus where nizing his long and honorable career. tions and we ask, we beg, we ask whole- we are, that they take us to immigration heartedly, that we are supported in this and deport us while my daughters are in Mr. Crocker’s hard work and devotion have country. All of us immigrants reinforce this school. It’s an ugly and sad thing, and I say been vital to the continual development of country’s economy. We beg that they give us yes that now is the time for immigration re- Johnston County. Throughout Mr. Crocker’s

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A21NO8.024 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E1736 CONGRESSIONAL RECORD — Extensions of Remarks November 21, 2013 tenure, he has continuously held an open-door seventy years of service to his local post of The origins of the Nutley Public Library begin policy, and has committed himself to high eth- the Veterans of Foreign Wars. in 1896, when a private library held the start- ical standards. Respected by all who know f ing 3,000 book collection. The intention of the him, he has been the recipient of many private library was to hold the books until the awards and accolades recognizing his hard HONORING THE LIFE OF JAMES Township of Nutley could find a location for a work and dedication to his job. After Hurricane KAUFMAN library. However, it was not until 1914, when Fran, the violent storm that devastated much the town was provided an Andrew Carnegie of Eastern North Carolina in 1996, every gov- HON. JIM COSTA grant that the new public library, designed by ernment office in town was closed except one: OF CALIFORNIA Armstrong and DeGelleke, was built, and the the clerk’s office. IN THE HOUSE OF REPRESENTATIVES collection was moved to its current home. In January 1942, the library expanded the Mr. Speaker, Will Crocker has selflessly Thursday, November 21, 2013 dedicated many years of his life to serving the original building to accommodate its ever- citizens of Johnston County. His enduring Mr. COSTA. Mr. Speaker, I rise today to growing collection. Through the funding of a commitment to his community makes him an pay to tribute to the life of James Kaufman, Federal Works Project Administration Grant exemplary public servant, and his accomplish- who passed away on October 31, 2013 at the and local funds, the library added three sto- ments will continue to benefit Eastern North age of 71. As one of the founders of American ries, designed by Behee and Kramer. Carolina for many years to come. As his time Ambulance, Jim was a true supporter and ad- On August 25, 1980, the second floor ceil- as Clerk of Court comes to a close, let us vocate for our Central Valley. His kind heart ing collapsed. The fall of the 65 by 40 foot honor Mr. Crocker and pray that both he and and generosity will be greatly missed. ceiling section knocked over many bookcases, his family may receive God’s richest blessings. Jim was born and raised in Fresno, Cali- and caused severe damage. Thankfully, the li- brary was closed at the time of the collapse. f fornia. After graduating from Roosevelt High School, he joined the United States Coast The first floor was able to remain open RECOGNIZING THE CONTRIBU- Guard Reserves. He also worked part time at through the duration of the repairs, with the li- TIONS OF CLIFF HAGEDORN, AN Jones Ambulance and attended Fresno City brarians retrieving books from the upstairs AMERICAN PATRIOT College. While Jim was working at Jones Am- rooms when requested. bulance, he met his wife, Joyce, and a year In October 1990, an addition and renovation HON. JANICE D. SCHAKOWSKY later they married in Carmel, California. Jim completed the library’s current facility. De- signed by James Goldstein and Associates, a OF ILLINOIS and Joyce raised one son together, Stan. 20,000 square feet addition was added on, IN THE HOUSE OF REPRESENTATIVES One of Jim’s greatest role models was his father, Martin. Martin was a teacher and with its appearance preserving the essence of Thursday, November 21, 2013 coach, and Jim saw himself following in his fa- the original and historic Carnegie structure. Ms. SCHAKOWSKY. Mr. Speaker, I rise ther’s footsteps. However, when Jim com- The library used its own reserve funds, and today to recognize the many contributions of pleted his 16 years of service in the Coast turned to the community, to help pay for the Cliff Hagedorn, a long time resident of Des Guard, he decided to run his own ambulance renovation. The library received its financial Plaines, Illinois, and a pillar of our local vet- business. In 1975, Jim and three other individ- help through the Friends of the Nutley Public eran community. Mr. Hagedorn is a great ex- uals founded American Ambulance. Jim and Library, Township bonds, and a New Jersey ample of a true American patriot. his partner, Larry Ward, remained as the own- State Library Construction Grant. Cliff Hagedorn grew up in Des Plaines— ers of the company for almost four decades as The Nutley Public Library became the 70th graduating from what is today Maine East American Ambulance grew into a successful member of the Bergen County Cooperative Li- High School and marrying his high school business with approximately 600 employees. brary System in 1996. This system allows the sweetheart, Valerie. Like so many other Amer- Jim’s entrepreneurial spirit led him to estab- library to be fully computerized and view the icans during World War II, Mr. Hagedorn en- lish a new business, KY Farming, with his holdings of all the BCCLS libraries, and is ac- listed in the U.S. Army and prepared to risk good friend, Tony Yasuda. They grew cherries cessible 24 hours a day. his life on behalf of our nation. and blueberries, and they also managed a Today, the Library maintains a collection of On Easter Sunday 1944, Cliff Hagedorn packing house, KY Packing. Jim’s businesses approximately 90,000 books. The collection in- landed with the allied forces in North Africa, brought him great joy. He cherished his em- cludes reference books, adult books, young and participated in actions that eventually ployees and always did what he could to help, adult books, and approximately 25,000 chil- stopped and then reversed German advances whether it was through financial support, guid- dren’s books. The Library is able to provide in the region. After succeeding in North Africa, ance, or simply heartfelt encouragement. large print books, magazines, videos, music, he and his fellow soldiers spent the remainder Aside from his work, Jim loved the Dallas downloadable eBooks, and audio books. It is of the war in Italy, pushing German forces Cowboys. He also enjoyed tennis, golf, and currently governed by a Board of Trustees and back at every opportunity. dove hunting. Spending time with family was two ex-officio members. The Board members After the war, Cliff Hagedorn’s contributions most important to Jim. He will be greatly are chosen by the Mayor and serve five year to his community continued—he raised a fam- missed by Joyce, Stan, his daughter-in-law, terms. The two ex-officio members include the ily in Des Plaines and helped to create the Stephanie, and his grandchildren; Abel, Lilly, Mayor and the Superintendent of Schools, or Des Plaines Senior Center. The Senior Center Evan, and Faith. their delegates. The library is currently funded continues to offer vital services to this day and Mr. Speaker, it is with great respect that I by the New Jersey Per Capita State Aid, do- Mr. Hagedorn now holds emeritus status with ask my colleagues in the House of Represent- nations, and the Township. Eighty percent of the organization. atives to pay tribute to the life of James Kauf- interest from these funds is used for the pur- Cliff Hagedorn has also been an active man. His presence will be missed, but his leg- chase of books and other material. The library member of the Veterans of Foreign Wars Post acy will surely live on in the Central Valley. is proud to celebrate its history and look for- ward to its continuous growth in the future. 2992 for several decades. In fact, earlier this f month he celebrated 70 years of service with Mr. Speaker, I ask you and my colleagues this institution—a truly remarkable achieve- CELEBRATING THE CENTENNIAL to join me in congratulating the Nutley Public ment. OF THE NUTLEY PUBLIC LIBRARY Library and thanking the Friends of the Nutley Today, at the age of 91, Cliff Hagedorn con- Public Library as it celebrate its Centennial tinues to work tirelessly in support of his coun- HON. RODNEY P. FRELINGHUYSEN Anniversary. try and his local community. Serving as Adju- OF NEW JERSEY f tant of his local VFW post, Mr. Hagedorn en- IN THE HOUSE OF REPRESENTATIVES HONORING THE ARMITAGE gages in outreach to the local community, vis- FAMILY iting schools and teaching young people about Thursday, November 21, 2013 the value of knowing their civics and their na- Mr. FRELINGHUYSEN. Mr. Speaker, I rise HON. LEE TERRY tion’s history. today to honor the Nutley Public Library, lo- OF NEBRASKA Cliff Hagedorn has devoted his life to public cated in Essex County, New Jersey, as it cele- IN THE HOUSE OF REPRESENTATIVES service, and we are all better off as a result. brates its Centennial Anniversary. On behalf of a grateful nation, I want to extend The Nutley Public Library has a strong his- Thursday, November 21, 2013 our sincere thanks for all he has done for our tory, as its building and collection have contin- Mr. TERRY. Mr. Speaker, I rise in honor of country, and a heartfelt congratulations for ued to grow since its opening in August, 1914. the Armitage family for the leadership values

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A21NO8.026 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS November 21, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1737 they have demonstrated and passed onto their River as one of the eight original rivers des- and Hispanics in both South Florida and Puer- children. They have built a model for leading ignated as a Wild and Scenic Riverway. Cre- to Rico. As our economy in South Florida con- in the community that will be continued by ation of the Saint Croix National Scenic tinues to recover from the recession, the Puer- their adult children to provide the same leader- Riverway recognized the largest scenic to Rican Chamber of Commerce serves as a ship as their parents. riverway east of the Mississippi River and leader in strengthening the economic founda- Dr. James and Nancy Armitage are being helped protect its nationally renowned fishery. tion of our communities. honored for not only their leadership to the Once the epicenter of the American logging I hope you will join me in commending the Omaha community, but also their contributions industry and a busy corridor of commerce, the Puerto Rican Chamber of Commerce of South to research and training in the medical profes- Saint Croix National Scenic Riverway is now a Florida on twenty years of outstanding advo- sion. testament to the rugged beauty that was home cacy and service. Dr. Armitage is internationally renowned for to Native Americans for millennia, and that f his expertise in bone marrow transplantation. greeted early European visitors who followed He is also a leading expert in the manage- them. Under the wise stewardship of the Na- PERSONAL EXPLANATION ment of lymphoma worldwide. He is currently tional Park Service in partnership with more the Joe Shapiro Professor of Medicine at the than 1,000 private land owners, 252 miles of HON. BILL SHUSTER University of Nebraska Medical Center the Saint Croix River watershed from the OF PENNSYLVANIA (UNMC) in Omaha; is active on several com- Namekagon in Wisconsin, its largest tributary, IN THE HOUSE OF REPRESENTATIVES mittees and his expertise is sought worldwide. to the Mississippi confluence are protected Thursday, November 21, 2013 James has also served on several community from logging, invasive development and indus- boards and has received professional honors try. Tens of thousands of visitors have bene- Mr. SHUSTER. Mr. Speaker, on rollcall No. from national and international organizations fited from the river’s national protection and 602, I was not present for the vote due to a that are too numerous to list. enjoy its natural beauty; future generations will family emergency. Nancy began her career practicing psy- be able to appreciate its natural splendor. Had I been present, I would have voted chiatric and intensive care nursing before the Today, 45 years after passage of the Na- ‘‘nay.’’ needs of her family led her to leave the field. tional Wild and Scenic Rivers Act, the legacy f Currently, Nancy is extremely involved in vol- forged by Senators Mondale and Nelson has RECOGNIZING THE 25TH unteer leadership positions with local boards, grown from the original eight rivers to 150 ANNIVERSARY OF FACETS schools, hospitals, nonprofits, and her church. Wild and Scenic Rivers. This designation pro- To name a few, Nancy has served on the tects these rivers and the outstanding natural, Munroe-Meyer Institute Guild, Samaritan cultural, and recreational values in a free-flow- HON. GERALD E. CONNOLLY Counseling Center of the Midlands Board and ing condition for the enjoyment of present and OF VIRGINIA the executive boards for the Faculty Women’s future generations. The Act has safeguarded IN THE HOUSE OF REPRESENTATIVES Club and the University Hospital Auxiliary. Her the special character of our most precious riv- Thursday, November 21, 2013 many years of volunteer work at UNMC Hos- ers and helped lead to further protection of our pital has led to her being named a co-chair of valuable natural resources, including passage Mr. CONNOLLY. Mr. Speaker, I rise today the Faculty Women’s Club scholarship com- of the Clean Water Act of 1973. to recognize the 25th Anniversary of FACETS, mittee, raising funds for UNMC students. Despite the passage of the Wild and Scenic a Northern Virginia nonprofit that helps individ- Nancy and James also serve as trustees of Rivers Act, these national treasures are under uals and families overcome the challenges of the Nature Conservancy of Nebraska. constant threat from modern development and poverty. James and Nancy have four adult children: misuse. In Congress, it is my priority to protect Since 1988, through its collaboration with Amy, Greg, Anne, and Joel. Amy, a substitute and strengthen our Wild and Scenic Rivers, in- more than 100 faith communities, local busi- teacher at Mary Our Queen School and Par- cluding the Saint Croix National Scenic nesses, fellow nonprofits, and government ish, lives in Elkhorn with her husband Jeff. Riverway, for our children and grandchildren. agencies, FACETS has improved the lives of Greg works as a CPA with FBL Financial Mr. Speaker, in honor of the 45th anniver- thousands of families and individuals by help- Group, Inc and lives in Des Moines with his sary of the Wild and Scenic Rivers Act, it is ing them obtain emergency shelter, food, and wife Cheryl. Anne, an attorney and stay-at- my pleasure to commend all who have made medical care; helping them gain safe, sustain- home mother, lives in Omaha with her hus- the Act a success, including Vice President able and permanent housing; and working with band Stephen. She also serves as an officer Mondale, the late Senator Gaylord Nelson, them to end the cycle of poverty through edu- on the Girls Inc. Girl Friend board. Joel prac- National Park Service staff, private land own- cational, life skills and career counseling pro- tices internal medicine and lives with his wife ers, and countless volunteers who are dedi- grams. This wrap-around approach not only Anja in Omaha. Nancy and James have been cated to keeping these beautiful riverways wild addresses the immediate needs of those in blessed with ten grandchildren. and scenic. crisis, it also provides the support and serv- ices necessary to develop long-range solu- It’s an honor to recognize their commitment f to make the metro area a better place. tions that allow each person to become self- HONORING THE PUERTO RICAN sufficient and live with dignity. f CHAMBER OF COMMERCE OF During my tenure on the Fairfax County CELEBRATING THE 45TH ANNIVER- SOUTH FLORIDA Board of Supervisors, I was pleased to partner SARY OF THE NATIONAL WILD with FACETS in launching the Hypothermia AND SCENIC RIVERS ACT HON. JOE GARCIA Prevention and Response Program, which will OF FLORIDA be starting up again soon. Under this program, HON. BETTY McCOLLUM IN THE HOUSE OF REPRESENTATIVES churches have opened their doors to provide our most vulnerable neighbors with a warm OF MINNESOTA Thursday, November 21, 2013 IN THE HOUSE OF REPRESENTATIVES and safe place to stay during winter nights. Mr. GARCIA. Mr. Speaker, I rise today to Last year FACETS served 244 guests in this Thursday, November 21, 2013 recognize the Puerto Rican Chamber of Com- program, and since it began no unsheltered Ms. MCCOLLUM. Mr. Speaker, today I rise merce. individuals have died due to hypothermia. In to honor the passage of the 1968 National Over the past twenty years, the Puerto 2008, when I was Chairman of the County Wild and Scenic Rivers Act, signed into law 45 Rican Chamber of Commerce of South Florida Board, I worked with FACETS founder Linda years ago by President Lyndon Johnson. This has been an important partner for promoting Wimpey and other community partners to ini- landmark legislation has resulted in the protec- business, driving job creation, and supporting tiate the 10-Year Plan to Prevent and End tion of more than 100 rivers, including Min- economic development in South Florida. Homelessness. Thanks to the success of that nesota’s Saint Croix River. Across the country, Through partnerships with the Miami-Dade program we have made significant strides re- these beautiful riverways cross many political County Office of Public Housing and Commu- ducing the rate of homelessness by one- boundaries and state boarders, uniting Ameri- nity Development, the members of the Cham- fourth. cans in appreciation of our natural heritage. ber help create much needed jobs and ad- FACETS also helps people develop the As a Senator, Minnesota’s own Walter Mon- vance community development. skills necessary to create better lives for them- dale joined Wisconsin Senator Gaylord Nelson This organization strives to support entre- selves and their families by operating Edu- to sponsor the Act, and include the Saint Croix preneurship and innovation for Puerto Ricans cation and Community Development programs

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A21NO8.030 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E1738 CONGRESSIONAL RECORD — Extensions of Remarks November 21, 2013 in community centers located in affordable overflows as well as inadequate and aging HONORING THE LIFE OF JOE F. housing communities throughout Fairfax Coun- sewer pipes. Small communities in particular, ALVERNAZ ty. Programs for youth focus on academics, which already face huge questions of water self-esteem, substance abuse prevention, supply and quality, have few resources with HON. JIM COSTA healthy relationships and college or career which to pay the bills and are seeing sky-high OF CALIFORNIA planning. Approximately 450 youth participate monthly costs for consumers. in these programs. Nearly 90 percent of chil- IN THE HOUSE OF REPRESENTATIVES dren who received homework and tutoring The Water Trust Fund Act creates a deficit- Thursday, November 21, 2013 help improved their GPAs or overall academic neutral, consistent, and firewalled trust fund to help states replace, repair, and rehabilitate Mr. COSTA. Mr. Speaker, I rise today to performance. Last summer, FACETS served pay tribute to the life of Joe F. Alvernaz. His critical wastewater treatment facilities. It will be 1250 lunches, sent 7 children to camp, and character exemplified that of a role model and hosted additional activities designed to keep financed by voluntary fees from companies true community leader—he placed others children and teens safe. that participate, in exchange for the use of ad- ahead of himself, made family his first priority, Programs for adults include computer and fi- vertising materials indicating their support for and possessed a strong work ethic. nancial literacy, career development and ESL. America’s water systems. Joe began his life of service at an early age. Residents can participate in individualized We face unprecedented challenges to our After the bombing of Pearl Harbor in 1941, he case management, focusing on eviction pre- enlisted in the United States Marine Corps vention and emergency food and financial as- water infrastructure. More and more products and it was there that he received the nick- sistance to keep them stable and in their are designed to be flushed down toilets and name ‘‘Sweet Potato Joe’’ from his fellow ma- homes. In FY12, nearly 60 adults participated drains, placing them in systems that are al- rine and close friend, actor Brian Keith. It was in FACETS’ community programs. Of those ready stressed. Pharmaceutical residues are while Joe was in boot camp, that he would who received case management, 40 percent showing up in treated wastewater and be- come to marry the love of his life: Florence became actively involved with life skills class- cause they are difficult to treat, I’m afraid we Cardoza of Merced in 1942. As the war went es and 60 percent gained employment assist- are slowly medicating vast numbers of Ameri- on, he served our country proudly during a pe- ance, including re´sume´ development and in- cans against their will. Aging water systems— riod of history that seemed as if it would never creasing earning power. some still made out of brick or wood, some pass; a period that forever changed our nation FACETS has earned well-deserved recogni- dating from the century before last—mean that and the world. tion for these efforts. The Dulles Regional America also faces old-fashioned system reli- After the war ended, Joe became as busy Chamber of Commerce honored FACETS as ability issues. Unpredictable weather means as ever. He came back to California to once its 2013 Large Nonprofit of the Year. In June that water systems are dealing more fre- again farm sweet potatoes. He later served as 2013, the Housing Association of Nonprofit quently with sewage overflow, flooding, and President of the California Sweet Potato Developers recognized the FACETS’ Edu- overwhelmed systems. Reports indicate that Council, and U.S. Sweet Potato Council, cation and Community Development Program each year an average of six billion gallons of where he was a Director for over 20 years. To as the Best Community Life Program in the drinking water leaks from these inadequate say that Joe was busy is an understatement; Washington, D.C., metropolitan area. Last he also served as President of the Merced year, and ancient pipes. Six billion gallons is County Farm Bureau and was on the Board of FACETS earned a Team Excellence Award: enough to fill 6,000 Olympic sized swimming Directors of the Nisei Farmers League. Leadership Role in the Fairfax County Family pools—if lined up, these pools would stretch Shelter In-take Redesign. from Washington, D.C. to Pittsburgh, PA. Joe’s involvement in the community could not be described in one word or even in one Mr. Speaker, I ask my colleagues to join me These aging and outdated systems are not sentence. From 1946 to 1996, ‘‘Sweet Potato in recognizing FACETS for its 25 years of just a local problem, relevant only to a single service to our community and in extending our Joe’’ announced all the Livingston High School neighborhood, city, county, or even state. football games, parades, and even radio pro- sincere appreciation to the dedicated staff and Water does not obey county boundaries or volunteers for their commitment to ending pov- grams. This is where Joe earned another even state lines, and it is a resource on which name for himself: ‘‘The Voice of Livingston.’’ erty in Fairfax County as well as to the indi- we all rely. The federal government should vidual, corporate, non-profit, and government However, his talents did not end there; Joe’s help fill the funding gaps that local commu- agency sponsors for supporting the critical acting skills also benefited the Livingston Little nities and states cannot. The opportunity is work of this organization. Theater group, where he starred in several now: There is significant state and local in- productions, most notably as Elwood P. Dowd f vestment, interest rates are low, and the in ‘‘Harvey.’’ Adding to his list of accomplish- INTRODUCTION OF THE WATER Water Trust Fund will help leverage billions of ments, Joe also organized the first kid’s TRUST FUND ACT additional dollars to repair our aging infrastruc- hardball team in Merced County in the early ture. 50’s. Joe was particularly drawn to baseball, and served as coach, sponsor, announcer, HON. EARL BLUMENAUER The American public is already paying a dis- and booster for over fifty years. Later, he OF OREGON proportionate share of the costs of water infra- would become the third Area Commissioner of IN THE HOUSE OF REPRESENTATIVES structure. Residential households have the Baseball. From this, he achieved perhaps his Thursday, November 21, 2013 least capacity to absorb additional costs dur- greatest accomplishment; having a local base- Mr. BLUMENAUER. Mr. Speaker, there is ing these difficult times, and they already face ball field be renamed the ‘‘Joe F. Alvernaz nothing more essential to quality of life, to the wildly escalating costs to deal with problems Baseball Field.’’ health of our families and of our communities that they did not create. The voracious water Joe was predeceased by his parents, Joe than water. Water, at its most basic level, is demands of industry far outstrip household and Mabel Alvernaz, brothers, Arthur and life. Safe drinking water and basic sanitation needs. Clean water is absolutely essential for John Alvernaz, and sister, Mary Geyer. He make the difference between health and sick- these industries and the rest of the business was also predeceased by his oldest son, Joey ness, between a family thriving or struggling community to function. Water infrastructure Alvernaz, in 1980 and by his wife of 64 years, just to exist. upgrades will provide the business community Florence, in 2007. Although Joe has passed Water quality and quantity are serious far more in benefits than it would cost, and it on from this life, Heaven is a little bit brighter issues in communities across the country, es- could be used to leverage a broader range of today because he has joined Florence, the pecially now, when changing weather patterns, investments. true love of his life. He is survived by 5 chil- extreme drought, continued growth combine to dren, 17 grandchildren, and 13 great grand- put an even greater demand on our aging, in- This bill will help communities deal with their children. adequate infrastructure. To ease these pres- water infrastructure needs in a stable, Mr. Speaker, it is with great respect that I sures, I am introducing the Water Trust Fund proactive way, and will provide significant ben- ask my colleagues to pay tribute to the life of Act, which would establish a trust fund to help efits for those who rely on our water system, a truly amazing father, coach, neighbor, and local communities meet their water infrastruc- the local government officials charged with everyone’s friend, Joe F. Alvernaz. His service ture needs. making the system work, and the industries to his country, community, and to his family Over a thousand communities across the who rely on a clean, consistent source of will be painfully missed, yet celebrated, hon- country are struggling with combined sewer water for their products. ored and never forgotten.

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A21NO8.034 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS November 21, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1739 HONORING TEELA MICKLES this year, was founded in 1953 by immigrants on a solid corps of volunteers and, of course, who found refuge in America after they had parents who wake their children every Satur- HON. LEE TERRY been driven from their homeland by the dev- day morning and drive them to school. OF NEBRASKA astation of the Second World War and the re- The school is supported by the Ridna IN THE HOUSE OF REPRESENTATIVES pressive policies of Nazi Germany and the So- Shkola Society, a group of parents and other viet Union. Because they had been active in supporters who raise money, take care of ad- Thursday, November 21, 2013 cultural institutions in their Homeland, the So- ministrative tasks and organize events associ- Mr. TERRY. Mr. Speaker, I rise today be- viets who conquered Western Ukraine in 1939 ated with the school year—weekly classes, cause I want to honor Teela Mickles for being targeted them for execution or deportation to graduation exercises, annual celebrations. an advocate for the youth of Omaha. She is Siberian labor camps. Also targeted were the Today, Chrystine Klek heads the Society, fol- an inspiration for change by creating opportu- ‘‘Ostarbeiters,’’ Ukrainians forced to work as lowing such dedicated leaders as Kost nities for young people to remain active and slaves in the Nazi economy. Stalin saw them Melnyk, Vasyl Ilchyshyn, Evhen Nebesh, accountable members of the community. as tainted by Western influences and after the Evhen Palka, Bohdan Milan, Luba Mudriy and Teela’s interest in helping people return to a war assigned them to a similar fate. George Jaskiw. successful life after incarceration comes from Those who could fled—first to the Displaced It is impossible to assess the importance of her own experiences. Teela was involved in a Persons Camps of post-war Austria and Ger- Ridna Shkola. Many a college application and marriage where domestic abuse was prevalent many and ultimately to a new life in Cleveland professional resume lists Ridna Shkola and and was finally able to break away after four- and other cities in the U.S. and Canada. The the ‘‘Matura.’’ Untold numbers of Ridna Shkola teen years. She was able to start a new life bitter circumstances of their immigration rein- graduates have gone on to careers in jour- for herself and her five children. Her faith in forced the refugees’ determination to perpet- nalism, politics, government, medicine, law, God and desire to do what was right con- uate their identity and culture. business, media, diplomacy, etc. where they vinced her that she could help others to re- There is no exact English correlative for the applied their knowledge of Ukrainian, as well store their lives as well. term ‘‘Ridna Shkola.’’ Roughly it means, ‘‘Our as the lessons and skills they acquired in Teela founded an organization called Com- own native school’’ and already in 1950, infor- ‘‘Ridna Shkola’’ something their parents forced passion in Action in 1994 to provide a holistic mal classes began at Cleveland’s Ukrainian on them and they unwillingly accepted, only to approach to family restoration and community National Home in Tremont. later acknowledge how beneficial it all was. re-establishment for incarcerated individuals In the fall of 1953, educators and leaders And now a quarter century after Ukraine’s and their families. The program is designed to formally established the ‘‘Ridna Shkola’’ Asso- independence, it’s clear the huge difference address the specific needs of individuals com- ciation led by Ivan Fur, a grocer whose real Ridna Shkola made not only in the lives of its ing out of incarceration by offering them pre- vocation was the Ukrainian community. In Jan- graduates, in the Ukrainian-American commu- release and re-entry services, advocacy and uary 1954, ‘‘Ridna Shkola’’ was incorporated nity but also the positive impact on the country mentoring services, and transitional and inde- as a non-profit organization in the state of their parents and grandparents left under such pendent living preparation for youth. Ohio and joined the Educational Council of the bitter circumstances. Currently, Teela is leading Compassion in Ukrainian Congress Committee of America Best wishes to Ridna Shkola on its 60th An- Action in a $300,000 fundraising campaign to (UCCA) which to this day coordinates a na- niversary and all the best in the years to renovate the former Wesley House building in tionwide network of Ukrainian Heritage come! North Omaha and begin operations there. She Schools. The first director of Cleveland’s f is especially enthusiastic about the R.A.W. ‘‘Ridna Shkola’’ was the distinguished scholar, D.A.W.G.S. Youth Corps Gang Prevention Volodymyr Radzykevych, author of the three- PERSONAL EXPLANATION Program clubhouse that will be in the lower volume ‘‘History of Ukrainian Literature’’ and level of the building working to replace the de- several children’s books. For many years, Pro- HON. BILL SHUSTER sire for gang membership. Teela is working fessor Radzykevych was the librarian at the OF PENNSYLVANIA around the clock to recruit a community-wide Ukrainian section of the Jefferson Branch of IN THE HOUSE OF REPRESENTATIVES network of concerned families and community the Cleveland Public Library. Thursday, November 21, 2013 leaders who believe in the importance of in- Once it was established, ‘‘Ridna Shkola’’ Mr. SHUSTER. Mr. Speaker, on rollcall No. vesting in our children, rather than building met every Saturday during the school year at 603, I was not present for the vote due to a more prisons. Tremont Elementary School before moving to family emergency. Had I been present, I would Teela believes that the main key to success Merrick House a few blocks away. Enrollment have voted ‘‘nay.’’ is prevention. She is convinced that the best grew from 95 students in 1954 to 307 in 1963. way to prepare someone for the outside world That’s when the school moved to Parma, fol- f after their release is to prepare them prior to lowing the demographic trends of the Ukrain- PERSONAL EXPLANATION their release. ian-American community to the suburbs. Since It’s my privilege to recognize Teela’s com- then, several thousand Ukrainian-American HON. TOM MARINO mitment to building up our community and her students have attended ‘‘Ridna Shkola’’ with OF PENNSYLVANIA efforts to bring it together. more than a thousand completing the rigorous IN THE HOUSE OF REPRESENTATIVES f ‘‘Matura’’ which tests students’ knowledge of Ukrainian language, history, literature, geog- Thursday, November 21, 2013 IN HONOR OF THE 60TH ANNIVER- raphy and culture. Mr. MARINO. Mr. Speaker, on rollcall No. SARY OF CLEVELAND’S RIDNA From the very beginning ‘‘Ridna Shkola’’ 583, I was unable to make it to the floor in SHKOLA was distinguished by a highly-qualified faculty: time for this vote due to the hearing in the Hryhoriy Golembiowsky, Mykhaylyna subcommittee on Reform, Commercial & Anti- HON. MARCY KAPTUR Stavnycha, Olena and Marian Dub, Mykhailo trust Law running over. Had I been present, I OF OHIO Zhdan, Yaroslava Pichurko, Myroslava would have voted ‘‘yea.’’ Mychkovska, to name a few. There have been IN THE HOUSE OF REPRESENTATIVES f scores of others over the past 60 years—all Thursday, November 21, 2013 deserve mention, but they are too many to list. IN HONOR OF THE 45TH ANNIVER- Ms. KAPTUR. Mr. Speaker, Ukrainians have Directors (principals) included Vasyl Ivanchuk, SARY OF THE FARMINGTON been coming to the United States since the In- Stepan Wolanyk, Viroslav Kost, Petro MINE DISASTER dustrial Revolution when immigrants came to Twardowsky and George Jaskiw. Today, the cities like Cleveland for jobs. Here they estab- majority of teachers and students at Ridna HON. DAVID B. McKINLEY lished communities with their own churches, Shkola are from the most recent Fourth Wave OF WEST VIRGINIA businesses and social clubs. Many also felt of immigrants to the U.S. IN THE HOUSE OF REPRESENTATIVES the need to perpetuate the language and cul- Critical to its operation are the administra- ture of their ancestral home. And so, starting tors, people who make sure children have Thursday, November 21, 2013 in the first decade of the 20th Century, the first books, collect tuition, pay faculty and resolve Mr. MCKINLEY. Mr. Speaker, this week Ukrainian Heritage Schools were born. a thousand details. For many years, Lida Parc marks the 45th anniversary of the explosion at The current Heritage School, ‘‘Ridna in Cleveland fulfilled this role, insuring a Consolidation Coal’s No. 9 Mine in Farm- Shkola,’’ whose 60th anniversary we celebrate smooth operation. The school also depends ington, WV. We remember the 78 miners who

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A21NO8.037 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E1740 CONGRESSIONAL RECORD — Extensions of Remarks November 21, 2013 lost their lives in what is known as the Farm- RECOGNIZING THE 2013 FAIRFAX 2013 Outstanding Volunteers: ington Mine Disaster. COUNTY PARK SERVICE AWARD Fran Anderson, William A. ‘‘Bill’’ Bozo, Lisi On the morning of November 20, 1968 mul- RECIPIENTS Bradshaw, Joan Carson, Sue Erbele, Clint tiple explosions rocked the small town of Fields, Natalie Gilbert, Mostafa Kamvar, Farmington and the surrounding area. The HON. GERALD E. CONNOLLY Lauren Kinne, Barbara Leven, Judy Nitsche, blasts were felt as far as 12 miles away. Nine- OF VIRGINIA Martha Orling, Jaque Ristau, Cathy Ruiz, ty-nine men went down in the mine that day, IN THE HOUSE OF REPRESENTATIVES Marilyn Schroeder, Jim and Jo Anne Stapleton, John Tucker, Karen Waltman, and and only 21 made it out alive. Thursday, November 21, 2013 The sacrifice of these miners and their fami- the Ziegler Family. lies was not in vain. The disaster led to his- Mr. CONNOLLY. Mr. Speaker, I rise to rec- 2013 Student Honorees: toric safety changes for the mining industry. ognize the recipients of the 2013 Fairfax Monica Banghart and Rohil Bhinge. The Federal Coal Mine Health and Safety Act County Park Service Awards. These awards, Mister Speaker, I ask that my colleagues of 1969 was signed into law as a result and sponsored by the Fairfax County Park Author- join me in congratulating and thanking these generations of coal miners have benefited ity Board in cooperation with the Fairfax Coun- honorees for their commitment to our open from the improvements in working conditions. ty Park Foundation, recognize individuals and spaces and public parks. Fairfax County is Coal and coal mining is in West Virginia’s organizations for their extraordinary contribu- able to enjoy a high quality of life because of lifeblood. Tens of thousands of West Vir- tions to our environment and public park sys- the efforts of these individuals and they are ginians rely on coal to make their livelihood. tem. deserving of our praise and appreciation. Even today, mining coal is a difficult and often Fairfax County is regarded as one of the f best places in the country in which to live, dangerous job. We must never forget the im- THE 210TH ANNIVERSARY OF THE portant contribution these men and women work, and raise a family, and our nationally- recognized park system has played a key role LEESBURG VOLUNTEER FIRE make to America. COMPANY Mr. Speaker, on behalf of the 1st Congres- in that distinction. Each year thousands of vol- sional District of West Virginia and the families unteers donate their talents and time to pro- of these 78 miners, I remember the victims of tect our natural and cultural resources and en- HON. FRANK R. WOLF OF VIRGINIA this tragedy and honor the sacrifice they hance educational and recreational services. IN THE HOUSE OF REPRESENTATIVES made. The Fairfax County Park Service Awards are presented in several categories: the Elly f Thursday, November 21, 2013 Doyle Park Service Awards which were estab- Mr. WOLF. Mr. Speaker, I rise today to rec- PERSONAL EXPLANATION lished in 1988 and named in honor of Ellamae ognize the Leesburg Volunteer Fire Company, Doyle in recognition of her many years of out- which celebrated its 210th anniversary on No- HON. BILL SHUSTER standing service as a member and chairman vember 15. OF PENNSYLVANIA of the Park Authority Board, the Eakin The fire company is an important part of the IN THE HOUSE OF REPRESENTATIVES Philathropy Award named in honor of the history of the Town of Leesburg. It began in Eakin family who donated the first parcels of Thursday, November 21, 2013 1803 when Leesburg residents formed a parkland to the Park Authority more than 50 ‘‘bucket brigade.’’ Each male member of the Mr. SHUSTER. Mr. Speaker, on rollcall No. years ago, the Mayo Stuntz Cultural Resource household kept buckets made of leather on 604, I was not present for the vote due to a Award named in honor of the late, longtime the floor of their homes. Later in the 1800s, family emergency. historian, author, and chairman of the Sully the bucket brigade reorganized into the Lees- Had I been present, I would have voted Foundation, and the Outstanding Volunteer burg Fire Company, and by the 1820s the ‘‘aye.’’ Awards. I am honored to enter into the CON- company had acquired a new hand-pumped f GRESSIONAL RECORD the names of the fol- fire engine. In the 20th century, the company HONORING PRESIDENT JAAN lowing recipients of the 2013 Service Awards: advanced from the use of hand-pulled engines Eakin Philanthropy Award Recipients: MANUEL SANTOS CALDERO´ N OF and hose carts to more modern fire engines. ExxonMobil for its generous support of the THE REPUBLIC OF COLOMBIA Further expansion happened in the 1920s with Summer Entertainment Series, its investment the construction of a new fire station and the in an outdoor classroom at Huntley Meadows HON. JOE GARCIA purchase of several new fire trucks. Park, and for support of the Meaningful Water- Over the past 210 years, the fire company OF FLORIDA shed Education Experience. has grown and changed significantly while IN THE HOUSE OF REPRESENTATIVES Jon and Ruth Ruskin who, through the RZ safeguarding the Leesburg community. In Foundation, have made significant financial Thursday, November 21, 2013 1928, the company responded to 21 calls, and contributions that have supported Fairfax Mr. GARCIA. Mr. Speaker, I rise today to by the 1970s, demand for the company’s serv- County Parks programs and initiatives includ- recognize Colombian President Juan Manuel ices had grown to an average of 300 calls a ing Bright Futures RecPAC scholarships, Arts Santos for his bold leadership and commit- year. The company then hired its first fire mar- in the Park performances, and funding for ment to public service. shal to keep up with demand. Today, the vol- open space land acquisition. President Santos began his distinguished unteers and career firefighters who make up The Mayo Stuntz Cultural Stewardship career in public service when he served as the what is now called the Leesburg Volunteer Award: first-ever Minister of Foreign Trade. In this ca- The Sully Foundation Ltd., which has con- Fire Company use advance training and the pacity, President Santos tirelessly sought to tributed nearly half a million dollars in support highest-quality equipment to provide fire pre- bring a higher quality of life to the people of of special projects at Sully Historic Site since vention, emergency rescue services and fire Colombia by expanding trade and promoting 1970. safety education. In 2012, the fire company re- economic prosperity. As the Minister of For- Elly Doyle Park Service Award Recipients: sponded to more than 1,723 calls, under- eign Trade, President Santos’s strong leader- Howard Albers for his work as a volunteer scoring the organization’s invaluable contribu- ship allowed him to successfully establish Co- consultant to identify and secure new sources tions to the community. lombia as a rising international economic of funding for park programs and facilities. A banquet in honor of the 210th anniversary force. Jim Hickey for more than 17 years of volun- was held on November 16, which focused on After founding the Social Party of National teer service to Lake Accotink Park and for es- the book, The Early History of the Leesburg Unity, which is now Colombia’s largest political tablishing the Friends of Lake Accotink, for Volunteer Fire Company 1803–1925. The party, President Santos served as the Minister which he serves as president. book was researched and written by 11-year of Defense. Thanks to his steadfast leadership Sarah Kirk for her efforts as founder and member James R. Fazekas and is filled with and commitment, President Santos helped president of Turner Farm Events to ensure newspaper articles as well as maps, photos, weaken dangerous guerrilla groups like the that equestrian programs at The Turner Farm drawings and reproductions of archived docu- Revolutionary Armed Forces of Colombia. in Great Falls remain free to the public. ments commemorating the fire company’s his- President Santos’s achievements as a na- Elly Doyle Special Recognition Awards: tory and accomplishments. Mayor Kristen tional leader are undoubtedly worthy of our Casto DeBiasi, Lassine Doumbia, The Great Umstattd also presented the Town of Lees- admiration. I commend him for an impressive Falls Trail Blazers, The Friends of Green burg’s annual donation of $400,000 to the fire career and applaud his lifelong dedication to Spring Gardens Board of Directors, Lynn company—a substantial increase from the his country. Mulvey-McFerron, and Melina Tye. town’s allocation of $53.69 in 1891.

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A21NO8.041 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS November 21, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1741 The success of the fire company is due in thony Gatto, a tireless educator and commu- keeps very busy with twelve children at home part to the leadership of President Richard nity artist who passed away, at the age of 78. in Papillion. During the final months of her life, Wolfe, who has been with the company for Born in Pueblo, Colorado on December 22, Robert and his sister’s relationship evolved as nine years. I would also like to recognize Rick 1943, Joseph soon came to call California his they struggled to cope with her disease and Etter, a 29-year member who served as chair home as World War II provided a large migra- living arrangements for all of the children. of the anniversary committee, and J.B. Ander- tion of workers to settle in the West Coast. Of- Soon after his sister passed, Robert and son, a 43-year member. Their and exceptional ficially settling in East Hollywood, Joseph Thresia, along with their five children, made service is appreciated. graduated from Fairfax High School where he the decision to bring six of their nieces and I commend all the members of Leesburg excelled both academically and athletically. nephews into their family. The four remaining Volunteer Fire Company for their bravery, After turning 18 years of age, Joseph enlisted children stayed with their father; however, they dedication and willingness to put their lives on in the United States Army where he was sta- continue to play a significant role in the the line to protect our community. I wish them tioned at Fort Lewis in Washington. Upon Hettinger children’s lives. all the best as they celebrate this wonderful completion of his service to the military, Jo- All in all, the adoption process took three milestone. seph returned to Los Angeles and graduated years and was finalized in 2009. Recently, the f from California State University, Los Angeles Hettinger’s added another nephew to their and continued his education earning a Mas- family, bringing the grand total to twelve chil- RECOGNIZING THE ACHIEVEMENTS ter’s from Cal State LA and another Master’s dren. Miraculously, all of the children are very OF HARRIET THOMSEN from Pepperdine University becoming the first loving, respectful, and protective of one an- in his family to graduate from college. other and all share a genuine concern for HON. ADAM SMITH During his career he worked multiple jobs helping others. OF WASHINGTON tirelessly as he was not only an educator in The Hettinger reserves Monday nights for IN THE HOUSE OF REPRESENTATIVES high schools during the day, having never family time. During this time they will all get to- Thursday, November 21, 2013 missed a day of work during his 47 years, he gether, which is extremely difficult to do with twelve children between ages seven and sev- Mr. SMITH of Washington. Mr. Speaker, I also was a University professor on the week- enteen, to focus on their spiritual lives. rise to honor Harriet Thomsen from Wash- ends at Cal State LA and California State Uni- Robert and Thresia believe that to be good ington State, who will be recognized as an ex- versity Northridge. All a while serving as an parents they must teach and lead by example. traordinary volunteer by Friend to Friend assistant to his brother a concession manager It is folks like Robert and Thresia who embody America at this year’s Volunteer Appreciation at Dodger Stadium. In 1968, Joseph met his the spirit of strong communities. It is an honor Day on November 23, 2013. wife with whom he had three wonderful chil- Harriet has been a volunteer and supporter dren; Nicole, Michael—a California Assembly- to recognize them today. of Friend to Friend since it was founded in man, and my friend, Marianna, each of whom f went on to do great things in their own right. 1974. The visitation program connects volun- ‘‘FIFTY YEARS AGO THIS DAY’’: IN Joseph was awarded the ‘‘Bravo Award’’ as teers to elderly or disabled persons living in HONOR OF PRESIDENT JOHN F. California Arts Teacher of the Year, in 1986. nursing homes, increasing the quality of their KENNEDY lives and establishing long-time friendships. He was also honored consecutively at the Harriet has since been a strong advocate for White House by former President Ronald HON. RICHARD E. NEAL the elderly community and has worked vigor- Reagan in 1988 and again in 1989 by former OF MASSACHUSETTS ously to maintain Friend to Friend’s mission. President George H.W. Bush. Following his IN THE HOUSE OF REPRESENTATIVES Harriet’s passion for volunteerism stem from success, he was honored yet again in 1990 as her first visit to a nursing home in her earlier the California and Pacific Region Art Educator Thursday, November 21, 2013 years. She noticed that most homes provided of the year. Joseph wrote many books Mr. NEAL. Mr. Speaker, I rise today in dark activity rooms and were lacking sanitary throughout his life, many being used as class- honor of the memory of President John F. equipment. Harriet immediately took charge room textbooks from Canada to Texas. Kennedy. On the fiftieth anniversary of his and published an article in her local news- He will be remembered as a father, friend, tragic passing, it is important to remember all paper asking for donations like paint, chairs and as an outstanding educator in his commu- of the ideals that President Kennedy cham- and lamps to improve assisted living facilities. nity. He will be missed by many. pioned and the many Americans that have She also mobilized women at her church, ad- Mr. Speaker, I ask all Members of the dedicated their lives to public service based dressing the concerns she had about the un- House to join me in a moment of silence to on his example. In honor of President Ken- fortunate conditions some elderly must endure commemorate the memory of Joseph Anthony nedy, I submit this poem penned by Albert when living in a nursing home. She became Gatto. Carey Caswell. invested and took it upon herself to positively f FIFTY YEARS AGO THIS DAY change the living situation of seniors. HONORING THE HETTINGER (By Albert Carey Caswell) Although Harriet is highly praised for her FAMILY Fifty years ago this day . . . selflessness and dedication at Friend to As a Nation cried and prayed . . . Friend, she also volunteers at the Children’s Fifty years ago this day . . . Hospital Boutique in Kent, Washington and HON. LEE TERRY As up to Heaven, regularly cooks dinners for the homeless at OF NEBRASKA an American Hero made his way . . . Grace Lutheran Church. She is currently a re- IN THE HOUSE OF REPRESENTATIVES Fifty years ago this day . . . tiree that spends more than 40 hours a week Thursday, November 21, 2013 as our Nation’s hearts gave way! assisting others. Fifty years ago this day . . . Mr. TERRY. Mr. Speaker, I rise to honor the Mr. Speaker, it is with great honor that I rec- As Camelot, Hettinger family for their commitment to family came to an end that day! ognize Harriet Thomsen. Harriet is a true in- solidarity. It is evident by their love and sup- As a Nation’s great hopes were so torn away! spiration and an excellent example of a com- port shared between parents and children that As the tears so ran down her face . . . munity leader. Her service to Washington this family deserves to be recognized for its Fifty years ago today! State will be appreciated by many for years to For we will long remember, commitment to one another. come. where we were so then there . . . Robert and Thresia Hettinger have been f Fifty years ago this day . . . blessed with a large family, twelve children in When, CONGRESSIONAL RECORD all. The family wasn’t always that large; how- we lost our most beloved JFK . . . HONORING JOSEPH A. GATTO ever, after Robert’s sister passed in 2006, the As we all so knelt and prayed! Hettinger family grew by seven. With ten chil- As up towards Heaven a new Angel made his HON. JANICE HAHN dren at home, Robert’s sister’s husband be- way . . . came overwhelmed when they learned of her Fifty years ago this day . . . OF CALIFORNIA So young and so bright, IN THE HOUSE OF REPRESENTATIVES cancer and Robert and Thresia were eager to who so fought to fight . . . help. Thursday, November 21, 2013 To Save The World! Robert works as a district network specialist In World War II, Ms. HAHN. Mr. Speaker, I rise today to pay for the Millard Public Schools. Thresia is cur- aboard P.T. 109 all in his most heroic hue tribute to the life and legacy of Joseph An- rently a stay-at-home mother and certainly ...

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A21NO8.045 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E1742 CONGRESSIONAL RECORD — Extensions of Remarks November 21, 2013 All in his ‘‘Profiles in Courage’’ as he stood My Dearest John . . . as a nation, we reflect on the progress we true! you have left, have made in reducing hunger and homeless- JFK, but you are not gone! ness, and recommit ourselves to the work that a better world so made! As your fine life, With his ‘‘Profiles in Courage’’ leading the among this world lives on! remains to put an end to these tragedies once way! Now, and for all. ‘‘Let Us All Go Forth’’ as you would say! ‘‘Let Us Go Forth’’ . . . For 30 years, The Lord’s Place has been a To walk upon the moon, And by your Profiles in Courage, place of refuge for homeless Floridians in a dream all in your bold heart had grown! let all our hearts be warned! Palm Beach County. The organization is dedi- And oh that hair! As we remember, cated to breaking the cycle of homelessness, Causing all to stop and stare! what took place fifty years ago this day . . . and provides critical services to the local com- Touching and inspiring hearts everywhere! As together let us pray. And oh that voice, munity such as job training, health and human as so surely you were America’s choice! f services, supportive housing, and community When leaders lead, CONGRATULATING THE IMAGE engagement. Additionally, The Lord’s Place operates nu- up to new heights our hearts so hoist! BAND And oh those Brothers Four, merous social enterprises and businesses, such a work of art of a family’s love adorned! such as a thrift store, a catering company, and And a lovely wife Jackie . . . HON. DONNA M. CHRISTENSEN a community garden, which provide real world Who all in those tragic days, OF THE VIRGIN ISLANDS experience to homeless Floridians attempting out of all that ashes so led the way! As to her children the hope and strength, IN THE HOUSE OF REPRESENTATIVES to break their own cycle of homelessness. By so gave! Thursday, November 21, 2013 helping to educate and provide valuable em- As all of their she so eased! ployment opportunities for these men and Fifty years ago this day! Mrs. CHRISTENSEN. Mr. Speaker, I rise to women, The Lord’s Place provides a path that Jon Jon . . . and Caroline, congratulate the Image Band of the Wash- has already allowed hundreds of formerly oh how heavy our hearts so weighted! ington, DC Metro Area on their celebration of homeless Floridians to reenter society and Fifty years ago this day! their 35th anniversary this week. The Image lead independent and self-sufficient lives. As we lost our most beloved JFK! Band is not just any other Caribbean band, And now as we so contemplate, In 2012, The Lord’s Place provided these they are a band with roots in my district, the support services to hundreds of people in what we so lost on that day! U.S. Virgin Islands, who for the past 35 years As a hole in America’s heart was so made! need. More than 400 men, women, and chil- Fifty years ago this day! have kept the sounds of home alive and vi- dren were offered supportive housing, and re- As we all had to so Go Forth! brant for Virgin Islanders and Caribbean peo- markably, by the end of the year, 92 percent All out on our course! ple who have migrated here and for people of these individuals were no longer homeless. To achieve so what up ahead so awaits! like me who work here and sometimes need Many now lead self-sufficient and independent All in our hopes and dreams, to enjoy the cultural flavor of home. to so sow in our hearts these seeds! lives. Furthermore, dozens of formerly home- Mr. Speaker, the Image Band returns to the less men and women better educate them- As fifty some years ago! islands regularly to perform there, most nota- As a Nation so awoke, selves with the organization’s on-the-job skill to the words he so spoke . . . bly New Year’s Eve on St. Croix and in other training program every year. This has allowed Almost like a prayer, East Coast cities, Canada, and the Caribbean, hundreds of formerly homeless Floridians to on an Inauguration spoken there! where the Virgin Islands–Caribbean diaspora find work with local employers. ‘‘Ask not what your country can do for resides to entertain and excite and to provoke Mr. Speaker, I want offer my most sincere you?’’ cultural memory. They have fulfilled their congratulations and heartfelt gratitude to The ‘‘But, what you can do for your country!’’ founding mission to ‘‘reproduce, propagate, Lord’s Place CEO Diana Stanley, her staff, All in what JFK was invoking! and improve the dynamism of the Caribbean To such new heights, and volunteers for all that they do each and where only dreams are made by those who musical form.’’ The Image Band was the first every single day. I very much look forward to burn bright! group to win the Best Musical Band Award continuing my partnership with them for many As the torch has been passed . . . presented by the DC Carnival and they have more years to come. ‘‘Let Us Go Forth!’’ been crowned Brass-O-Rama champions at f Like that great Irish poet named John, the Trinidad and Tobago Days in the Park in who inspired us to dream dreams far beyond! Baltimore. The Washington Post has featured REMARKS OF WELCOME TO KING Dearest Jack! their involvement with the Caribbean Fest Live MOHAMMED VI OF MOROCCO TO Dearest John! THE UNITED STATES JFK! at the Carter Baron Amphitheatre. You are gone, Mr. Speaker, on behalf of the people of the but not forgotten . . . Virgin Islands and the entire Caribbean and HON. JAMES P. MORAN As your rising tide, Caribbean diaspora, I want to say thank you OF VIRGINIA made all boats rise! to the Image Band, led by Sarge for their IN THE HOUSE OF REPRESENTATIVES Casting your brief light! many contributions to the culture of the Carib- As life a Star you rose so high, bean and for many memorable, enjoyable, Thursday, November 21, 2013 and you were gone as we all cried! moments that they have provided for so many Mr. MORAN. Mr. Speaker, it is with great Fifty years ago this day! To Reach For the Stars, of us. pleasure that I join with my colleagues on both and shoot for the Moon to go far! f sides of the aisle in welcoming King Moham- As we will remember that smile, med VI of Morocco to Washington. Support for and those eyes . . .. CELEBRATING THE 30TH ANNIVER- good US relations with Morocco is a matter and that hair and his Irish charm as com- SARY OF THE LORD’S PLACE that has achieved longstanding, bipartisan prised! support. As up in Heaven now, HON. ALCEE L. HASTINGS On Friday, November 22, 2013, King Mo- a pickup football game rages on up in the hammed VI will meet with President Obama at skies! OF FLORIDA And then a shot rang out . . . IN THE HOUSE OF REPRESENTATIVES the White House for discussions designed to deepen the two countries’ long friendship and on that dark day when the music died! Thursday, November 21, 2013 As we will never know what could have been? strategic partnership. But we knew what was so then! Mr. HASTINGS of Florida. Mr. Speaker, I The friendship between our two countries And that we have all so been cheated by this rise today to honor and congratulate The goes back to 1777 when Morocco’s Sultan dark sin! Lord’s Place as they celebrate their 30th anni- Mohammed III, the current king’s namesake, But Jack, versary. Over the years, I have come to work was the first head of state, and Morocco the all of that light you so left behind! very closely with this wonderful non-profit or- first country, to recognize the new United Still, beckons to us all so all in time . . . To Go Forth! ganization and have seen first-hand the critical States. To Dream Dreams all out on our course! work they do to aid the homeless population Morocco was also the first country to sign a All in the service to Mankind, in South Florida. It is particularly fitting that we Treaty of Peace and Friendship with the we feel your force! mark this anniversary during National Hunger United States. Negotiations for this treaty Yes, Dearest Jack . . . and Homelessness Awareness week, when, began in 1783 and the draft was signed in

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A21NO8.049 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS November 21, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1743 1786. Future Presidents John Adams and the United States and Morocco and strengthen not only in their organization or local commu- Thomas Jefferson were the American signato- our strategic partnership. The President looks nity but in the whole Northern Virginia region. ries. The treaty was subsequently presented forward to discussing a range of issues of mu- Graduates from its programs become part of a to the Senate, which ratified it on July 18, tual interest with King Mohammed VI, includ- fast growing network of civic leaders. I’ve al- 1787, making it the first treaty ever to receive ing support for Morocco’s democratic and eco- ways said, ‘‘When you walk into a crowded U.S. Senate ratification. nomic reforms. This visit is also an opportunity room it’s easy to spot the graduates of Lead- The treaty provided for the United States’ to increase our cooperation on addressing re- ership Fairfax—they just stand out!’’ diplomatic representation in Morocco and gional challenges, including countering violent Leadership Fairfax alumni and the general commerce at any Moroccan port on the basis extremism, supporting democratic transitions, public submitted nominations for the 17th an- of ‘‘most favored nation status.’’ It also estab- and promoting economic development in the nual Northern Virginia Leadership Award, and lished the principle of non-hostility when either Middle East and Africa.’’ a panel of community and business leaders country was engaged in a war with any other I join with my colleagues in Congress in made the final selections. It is my honor to nation. welcoming the King to Washington in the firm enter the following names of the 2013 North- President George Washington wrote to Sul- belief that this visit will reinforce the special re- ern Virginia Leadership Awards recipients into tan Mohammed III on December 1, 1789: ‘‘It lationship between our two nations. the CONGRESSIONAL RECORD: gives me great pleasure to have this oppor- f Bob Chase, president of the Northern Vir- tunity of assuring your majesty that I shall not ginia Transportation Alliance, will receive the A TRIBUTE TO LOTUS cease to promote every measure that may Regional Leadership Award, which recognizes RESTAURANT conduce to the friendship and harmony which an individual for advancing regional collabora- so happily subsist between your empire and tion and partnership. For two decades, Bob these United States.’’ HON. JOE COURTNEY has worked with the Northern Virginia Trans- U.S. relations with Morocco have strength- OF CONNECTICUT portation Alliance, a coalition of business and ened in the years following this historic treaty. IN THE HOUSE OF REPRESENTATIVES civic leaders, to educate the public and advo- During World War I, Morocco was aligned with Thursday, November 21, 2013 cate for major improvements in regional roads the Allied forces, and in 1917 and 1918 Mo- and transit. Mr. COURTNEY. Mr. Speaker, I rise today roccan soldiers fought valiantly alongside U.S. Lynn Tadlock, chairman of the Community to pay tribute to Hong Nguyen, the owner of Marines at Chateau Thierry, Mont Blanc and Foundation for Northern Virginia and deputy Lotus Vietnamese restaurant in Vernon, Con- Soissons. executive director of the Claude Moore Chari- necticut. Hong recently announced that Lotus During World War II, Moroccan national de- table Foundation, will be presented with the will be closing on December 1st after nearly fense forces aided American and British Trustee Leadership Award, which honors an thirty years of business. The Zagat-rated res- troops in the region. In January 1943, British individual who has demonstrated visionary taurant has received rave reviews from locals Prime Minister Winston Churchill, President leadership by embracing new opportunities and esteemed food critics alike who return for Franklin Roosevelt and Free French Com- and pursuing innovative, collaborative ap- dishes like the Bombay beef, peppered mander Charles de Gaulle met for four days in proaches. Ms. Tadlock has been associated shrimp, spicy soup, and my favorite, the the Anfa neighborhood of Casablanca to de- for 28 years with the Fairfax County Park Au- Saigonese pancake. velop ongoing strategies against the Axis pow- thority, and in philanthropy at the Claude Hong Nguyen served as a Lieutenant Colo- ers. Moore Foundation. She has been instrumental In 1956, President Dwight Eisenhower sent nel in the South Vietnamese Air Force and in bringing to reality many projects that exist in a letter to Moroccan King Mohammed V to the commanding officer of the 819th combat the county today, including the Workhouse effect that ‘‘my government renews its wishes squadron during the Vietnam War. After the Arts Center in Lorton, the Cross County Trail, for the peace and prosperity of Morocco.’’ The fall of Saigon in 1975, Nguyen and his family and two county parks for disabled children: King responded by assuring President Eisen- fled to the United States. With the assistance Clemyjontri Park in McLean, and the Special hower that Morocco would be a staunch ally of USAF Lt. Colonel Gib Whitman, the Hongs Harbor Spray Park at Lee District. against the proliferation of Communism in the were sponsored for U.S. citizenship and Pam Michell, executive director of New region. moved to Guilford, Connecticut as the first Morocco was one of the first nations to ex- Vietnamese refugees in the State. Hope Housing, will receive the Nonprofit Lead- press its solidarity with the United States after In 1984, Hong Nguyen and his wife, Canh, ership Award for her 22 years of inspirational the September 11, 2001 attacks. The United opened Lotus at its first location on Route 83. leadership at New Hope Housing. Michell has States subsequently expressed its sympathies In their first years in business they worked 12 grown New Hope from a small, local agency and support for Morocco when terrorists con- hours a day, 7 days a week. Canh did all the to a regional agency, with shelters, transitional ducted major attacks in Morocco. cooking and Hong managed the rest of the and supportive housing, and outreach and The United States and Morocco have a chores in the restaurant. The grueling work support services. Free Trade Agreement and in September paid off as a growing clientele prompted the The JBG Companies, a real estate invest- 2012, the U.S. and Morocco launched a Stra- Hongs to move into a larger space on the ment firm, will be presented the Corporate tegic Dialogue—the first such U.S. dialogue Hartford Turnpike. Leadership Award. JBG develops active, sus- with a Maghreb nation—to advance common I ask my colleagues to join with me in hon- tainable communities, advances affordable interests on political, economic, security, and oring the Hong family for their achievements. housing and promotes public art. JBG Cares, educational and cultural affairs. Their story is a testament to the American the companies’ volunteer arm, matches volun- A bipartisan majority in both the House and dream, and I wish them the best of luck in teers from the company in the areas of afford- Senate have signed letters in support of Mo- their future endeavors. able housing, education, the environment, hunger and the arts. rocco’s desire to resolve the ongoing conflict f in the Western Sahara through negotiations Joe Thompson, assistant principal at Annan- designed to ensure Moroccan sovereignty, RECOGNIZING THE RECIPIENTS OF dale High School, will be honored with the while providing the inhabitants with autonomy. THE 2013 NORTHERN VIRGINIA Educational Leadership Award for his efforts in In 2009, 244 Members of the House signed LEADERSHIP AWARDS launching the first Annandale Pyramid Re- such a letter. The following year, 54 Senators source Fair this past August. This event pro- signed a letter expressing their support for HON. GERALD E. CONNOLLY vided school supplies, clothing, hearing and such a negotiated process designed to end OF VIRGINIA sight testing, haircuts and other goods and the conflict. IN THE HOUSE OF REPRESENTATIVES services to almost 4,000 families in the An- This rich history of friendship and coopera- nandale High School Pyramid. tion sets the stage for the visit to the White Thursday, November 21, 2013 Patricia Stevens, executive director of the House by King Mohammed VI. The visit is a Mr. CONNOLLY. Mr. Speaker, I rise to rec- Office of Public Private Partnerships, Fairfax result of President Obama’s personal invitation ognize this year’s recipients of Leadership County, will receive the Chairman’s Award for to the North African monarch, who will be Fairfax’s Northern Virginia Leadership Awards. her enthusiastic and distinguished service on meeting the President for the first time. Leadership Fairfax is a nonprofit corporation the Board of Directors of Leadership Fairfax In announcing the visit, the White House dedicated to finding, training and growing as Governance Committee chair, and as a issued a statement declaring: ‘‘This visit will leaders in Northern Virginia. Leadership Fair- member of the Executive and Membership highlight the long-standing friendship between fax seeks to build leaders who raise the tide committees.

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A21NO8.052 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E1744 CONGRESSIONAL RECORD — Extensions of Remarks November 21, 2013 Mr. Speaker, I ask my colleagues to join me fearful, and because she had no status, she the happiness in their eyes because they in congratulating these honorees and thanking didn’t speak up and all. She was she was cry- haven’t seen their families in 15 years and it them for their service to Northern Virginia. ing and bawling inside the car. So she was hurts me because I know that I haven’t seen unfairly detained that day. But moving fast my mom or my dad it would be so hard. I Mr. Speaker, I ask that my colleagues join forward, after she got out of jail for that, want to see them happy one day and reunited me in congratulating the 2013 award recipi- like the next day, my Mom became a strong with their families and for them to come ents and in commending the Annandale Vol- and independent woman. She started work- back without the worry of being sent home. unteer Fire Department for 73 years of serv- ing harder, and we had our own apartment I have much hope that this will come very ice. I thank the brave volunteers whose dedi- without her boyfriend. It was just so peace- soon. cation to public safety is deserving of our high- ful when we were together. We’d watch mov- Story 3: I am originally from Cuba. I came est praise, and to each of these men and ies together—she loved comedies, so we were in the sixties and for over 10 years I have been involved with immigration issues. For women I say: ‘‘Stay safe.’’ always watching comedy movies. We would take turns cooking, sometimes. Everything Cubans, you know, it has always been easy f was really good, to us, after that incident. to get the papers in order, but I think the But that incident followed her until a day system is very unfair for the other immi- SHARING STORIES IN SUPPORT OF that we were around 10th grade. She was grants. Other immigrants come here for var- COMPREHENSIVE IMMIGRATION pulled over for driving without a license, and ious reasons, mostly because of the poverty REFORM because of those charges they arrested her in their homes and the political situations too. We were at home, right, expecting her to from their home land. And they are always come at 11:00 p.m., which was when her shift being created by the government of the HON. JOE GARCIA ended at the gas station that she worked at. United States and the corporations of the United States with the help of the govern- OF FLORIDA We were watching the clock, and we were ment. Especially comparing the Cubans with IN THE HOUSE OF REPRESENTATIVES like ‘‘oh, it’s 11, she should be home anytime now,’’ and then it became 11:30 and our eyes the Haitian people and the wet foot, dry Thursday, November 21, 2013 were still wide open, until 11:45 and 11:50 foot—to us, we call it, white foot, black foot. when we just fell asleep. We woke up late the The Haitian people need—just as much as Mr. GARCIA. Mr. Speaker, the following are next day; it was a school day and she, she the Cubans—to be accepted by this country stories of individuals affected by our Nation’s wasn’t there. That was the craziest experi- and be allowed to come. The policy of the broken immigration system: ence that we ever had. It was like our moth- United States is wrong, you know, saying Story 1: I came to the U.S. from Nicaragua er was abducted by aliens to us and we were that the situation with the Cubans is polit- when I was six years old along with my just like, ‘‘Where is she?’’ Our aunt gave us ical as they are suppressed by a communist younger brother. When we first got to the a call: ‘‘Hey your Mom was arrested for driv- government but Haiti supposedly is being run by democratic governments which is not U.S. it was really exciting for us—first of all ing without a license.’’ That’s when my true, they have a lot of dictators there. And boarding the plane and just trying to, you brother and I immediately were trying to a lot of pressure and interference from the know, fulfill our curiosity, and putting our figure out what to do. I was fifteen years old, United States. So it is political too, besides fingers wherever we can, touching every- and trying to figure out if we should pay the the poverty that’s been created there, so thing that was shiny. And we were even more next month’s rent or sell her car to pay an they should be treated just like Cubans. amazed when we got out of the airplane and attorney. Other immigrants—they should be treated saw the moving escalators that we’d never During that period, all the charges were the same. Stop the restriction they got mak- seen before. And we actually thought that dropped against my Mom, but they found out ing it hard for families to reunite. Senator we were at Disney World at that point about her status and they transferred her to Marco Rubio said he approves of immigra- (laughter)! It turned out that we weren’t in ICE and then they deported her. Disney World when we got off the plane, but tion reform if they come here legally and What bothers me the most, and what an- wait in the line, but people have been wait- we did go to Disney World the same week we gered me the most during this whole ordeal, got here. ing 15–20 years in the line. That’s not fair. was that I was never given the opportunity Besides we give this wrong sense of reality of So everything was real bright and hopeful to say bye to her, to look at her, to hug her, what’s going on in this country because we when we first got to the U.S. We came on a or to make her a promise that I’ll see her export movies and TV shows where every- visa which expired after six months. Mom again. We didn’t have any form of ID that al- body lives in fabulous mansions, got great was with her boyfriend whom she had a lowed us to go inside the detention center. jobs, fancy cars, and when they come here daughter with, and so we all lived together And that’s really what has angered me the they find that the land of the dream is noth- for quite a while until her boyfriend started most and why I’m at this site, to make that ing but the land of the nightmare. drinking and abusing alcohol. My Mom’s sure no one has to go through this again. Story 4: I’ve been in this country for 14 boyfriend would abuse her and hit her and After my Mom was deported, some of my years. My kids were born here, we’re a part pretty much victimize her constantly. There aunts were financially struggling them- of this country. I pay taxes, we’re part of the came a point when me and my brother were selves, but they offered to take us in. Unfor- country’s economy. We haven’t committed coming home from school, which was right tunately, due to economic hardships, they any crimes. We drive a car without insur- next door to our house, a trailer, and we saw couldn’t sustain us. And that’s how I ended ance. I think that that’s bad for the coun- that as we were walking toward the garage, up in the foster system with some strang- try’s economy. There are 12 million [people] it just looked like a robbery. ers—with a family I didn’t know. To me it driving without insurance. I think that being My Mom’s boyfriend came out in boxers, was just truly nerve-wracking. The first able to have a license is a good option and and he looked out of it. His eyes were red night I couldn’t sleep because I didn’t know that residency should come with a path to and he was just saying all these crazy what was going to happen to me, or who citizenship. Us immigrant believe that we things—‘‘Oh, your Mom this,’’ and ‘‘your these people were that were in the room with are helping the country. I don’t see any rea- Mom that,’’ but my Mom wasn’t there at the me. And the reason I felt like I didn’t belong son for not wanting to make a path to citi- time. My Mom pulled up in her car. She went there was because I was never abused or ne- zenship. We have a clean record, we’ve to our rooms and got as much clothes as she glected by my Mom. My Mom was an out- bought property. I think we’d all be better could, and then she put us in her car and put standing woman. Most kids go through the off financially by contributing to this coun- our seatbelts on. As she was putting the keys foster system for that reason—they were ei- try, it’s healthy for the country. We hope in the ignition to drive off and flee, he got in ther abused, neglected, or abandoned. That that Senator Marco Rubio understands a lit- front of her car and called the police. When was not the case for me. So I ended up there tle of the problem. my Mom heard the police sirens, her instinct and now I’ve aged out of the foster care. I’m Story 5: My dream is for immigration re- was to protect us and to keep us together. 18, I live alone, and it’s difficult to come form because immigration reform will allow She was trying to hide so the police wouldn’t home and not have my family to tell them, me to attend any college I choose and to catch us, and so we were running behind ‘‘Hey, this is how my day went,’’ or ‘‘Hey, I have a bigger dream than my parents had. other trailers but eventually we had to stop. had a bad day, let’s talk about it.’’ It’s really Story 6: Immigration reform will change And that was when police officers came tough. my life because it will give me reassurance around and put her in handcuffs, and we were Story 2: My dream is to be a citizen of this that my friend will not be deported. watching this. country because I came here when I was Story 7: I’m an aspiring student. A path- And my Mom, like, she just collapsed, three months old. I am now twenty-one, al- way to citizenship will allow everyone to pretty much, when all of this was happening, most twenty-two, so that is almost my whole pursue their dreams. and we saw tears in her eyes. life. CIR would change my live and my fam- Story 8: For the past two years I have been And so I figured, you know, I know who the ily’s because I have seen my parents suffer trying to renew my driver’s license, but I victim is here. I expected the police officer and work so hard every day of their life in have not been successful. I am required to to do the right thing and protect my Mom, the sun and see the struggle that they’re in present additional immigration documents things like that. But because my Mom was and provide a better future for them to see that I am not eligible to have.

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A21NO8.054 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS November 21, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1745 A few days ago I was given a ticket for ican ways. Take my case, for example—I recognize the hand of Divine Providence that driving without proper ID. Today I am lim- came to this country for education and for a had guided them to this point. iting my driving as much as I possibly can. better life for my family. I went without see- I read with great interest recently that What you need to understand is that we have ing my daughter for years, but once I became this year, for the first time since 1888, been living in Miami for the past 17 years a resident I was able to request her. It is for Thanksgiving and the first full day of Ha- and have been running our family business in this reason that I agree that illegal immi- nukkah fall on the same day. Miami for the past eight years. grants and their families should receive There are of course deep thematic com- If I don’t have the freedom to drive around, their documents and live more peacefully. monalities between the two holidays—both I am afraid that our family business will suf- Living anxiously and not having status is grounded in triumph over religious oppres- fer to the point that we as a family will not horrible. I support all people of good will to sion. be able to sustain ourselves. resolve their immigration status. But even as we celebrate the American ex- Story 9: I came to the United States 17 Story 13: I’m Mexican. I came to the U.S. perience in this regard, I am reminded anew years ago. I applied for political asylum and eight years ago following my husband. He that religious freedom remains an elusive was denied. Without realizing it, I had a de- has lived here for 25 years. We have three hope for too many. As I reflect on the privi- portation order and I was very scared. I have children, two living in Mexico and one living lege of living in America I am cognizant of a young child and am wishing for com- with us here in the U.S. Although not born the responsibility that comes with that to prehensive immigration reform for the single here, he does not know any country other help those around the world who are op- moms, for the moms that have young chil- than this one. Since I arrived here, I have pressed or persecuted. dren, because it makes me scared to leave served as a volunteer at my son’s school. I Martin Luther King Jr. famously said, ‘‘In my child. I’m hoping for immigration reform know all the work that teachers do in Mex- the end, we will remember not the words of for all the women out there that work as ico because I worked as a teacher for 20 our enemies, but the silence of our friends.’’ housekeepers, maids, etc., and also for folks years. I have 20 years of experience, but here Dr. King’s statement is so poignant. In times with deportation orders that have small chil- for lack of papers, I had to work as a maid. of trouble, the silence of an enemy is ex- dren and can’t leave them. This is the best I want immigration reform to pass. pected, but the silence of a friend is dev- place for them, and they can’t go back. I’m Story 14: I say yes to citizenship and resi- astating. hoping it will help all of us too. Thank you dence. My mom is a person of 72 years. She I am concerned that this nation, which has very much. must have psychiatric treatment because of always been a friend to the oppressed, the marginalized and the forgotten is at risk of Story 10: I’ve been an American citizen for her depression, which is caused by the fact sidelining this ‘‘first freedom’’ and failing to more than 20 years. I became one in Chicago. that one of my brothers, who is 45, cannot be speak out when it comes under attack. There are so many things that we are hear- a resident, even though he has lived here for Arguably religious freedom has never been ing every day dealing with immigrants and more than 10 years. The reform [Deferred Ac- more under assault than it is today. the manner in which immigrants are abused tion for Childhood Arrivals] is only for Looking to the Middle East there is often because they’re farmers and unfortunately young people. Then I have another brother societal and communal violence and repres- undocumented. We hear about the suffering who is a citizen and has been diagnosed with sion against religious communities which colon cancer. For these reasons we need my of these poor people who are my race too. specifically targets religious minorities. Too brother to stay with us. He is the only one It’s an explosion from both political par- often the governments of these lands foster that does not have papers. I think there ties—Democrats and Republicans. Immi- an atmosphere of intolerance or in some should be a reform as soon as possible. grants have been abused constantly since cases such as Iran, outright criminality as it when I was young. Now I’m 74 years old. The Story 15: I say yes to citizenship. I came relates to different faith traditions like the suffering these people have gone and are here in 2001 with my tourist visa and my Baha’is. Tragically, since 1979, the Iranian going through is inhumane. What they’re daughter. She came on the same visa with government has killed more than 200 Baha’i doing to my people is criminal. That’s why me. She grew up here during the past 12 leaders and dismissed over 10,000 from gov- I’m fully in favor of them becoming citizens years, but she is now back in Ecuador. My ernment and university jobs. as soon as possible. Thank you very much. driver’s license expired in 2006, so now I am The dangerous realities facing religious Story 11: I live in Lakeland, Florida. I’m frustrated because I cannot drive. I am a minorities have been exasperated by the so- Mexican, and I have lived in here for over 23 very good-hearted person and have a lot of called Arab Spring—a Spring which has de- years. My four children are citizens, and I creativity. I have been working with Amway, volved into Winter for many of the most vul- have my house paid for 14 years. My problem and I pay my taxes. I would like to go out nerable in these societies. is immigration. I worked many years as a and drive and have clients. I have been very In February I travelled to the Middle farm worker, but one day I looked for work obedient. I have not driven. Instead, I have East—specifically to Lebanon and Egypt. in construction. After starting construction my bike and I go by buses. My daughter was One of the main purposes of the trip was to work, the boss told us that we have to give so frustrated that she went back to Ecuador spend time with the Syrian Christian com- fingerprints. But what happened? A week two years ago. She loves this country as I munity—a community with ancient roots later they called me to come back because love this country. We help people so I am dating back to the 1st century. I wanted to something had come up. I went back and prepared to help people in very good ways. hear firsthand from Syrian Christians about they told me ‘‘Just wait here. Something f their concerns and to put this issue in the went wrong.’’ Then came two police officers larger context of an imperiled Christian to interview me. They said, ‘‘I want to see GIVING THANKS FOR AMERICA’S community in the broader Middle East, spe- the tattoos you have.’’ I told them, ‘‘I have ‘‘FIRST FREEDOM’’ cifically in Egypt and Iraq. no tattoos, sir.’’ They were confusing me In my meetings with Coptic Christians and with someone else and there began my prob- other minorities in Egypt they spoke of lem. I was in jail for six days. Immigration HON. FRANK R. WOLF being increasingly marginalized with the as- takes its inmates to Tampa around 6:00 a.m. OF VIRGINIA cendancy of the Muslim Brotherhood. While There, I set a bail of $1,500, and I was let go. IN THE HOUSE OF REPRESENTATIVES Morsi has since been removed from power, But my problem is still pending. And again, the situation in Egypt today remains fluid. I am looking for a better job. Now I have a Thursday, November 21, 2013 However, this much is clear: Attacks against deportation order for May 7, and if nobody Mr. WOLF. Mr. Speaker, I submit for the Coptic Christians have escalated and they helps me I’ll be deported. So I ask the Sen- are feeling threatened in the land they have RECORD remarks I delivered yesterday at ator Marco Rubio and Congressman Dennis inhabited for centuries. Ross please say yes to immigration reform, America’s Table Thanksgiving Luncheon The issues I’ve just outlined must be no more for me but for thousands of undocu- hosted by the American Jewish Committee: viewed not simply as today’s news but rather mented families who are here. I do not want I would like to begin by thanking AJC for through the lens of history. A phrase not to see them go through the same problem the invitation to join you at the annual often heard outside the majority Muslim I’m having. Thank you very much. ‘‘America’s Table Thanksgiving Luncheon’’ world is ‘‘First the Saturday people, then the Update: He received a stay of removal from the theme of which is religious freedom. Sunday people.’’ The ‘‘Saturday people’’ are, Immigration and Customs Enforcement. He In 1620 a hearty band of Pilgrims set sail of course, the Jewish people. applied for a work permit and driver’s li- for the New World in the face of tremendous Except for Israel, their once vibrant com- cense after receiving the notification. The peril and uncertainty such that they might munities in countries throughout the region fear of being separated from his family has be able to live, act and worship according to are now decimated. In 1948 the Jewish popu- been lifted, at least temporarily. the dictates of their conscience. lation of Iraq was roughly 150,000; today no Story 12: I agree to the legalizing 11 mil- The traditional first Thanksgiving feast more than 4 remain . . . some reports indi- lion illegal immigrants. They have the right celebrated at Plymouth was a time for the cate there may actually be just one Jewish to remain in this country because many have Pilgrims who had survived the journey by person left in Iraq. In Egypt, the Jewish pop- brought their families, their children have sea and the harsh winter that followed to ulation was once as many as 80,000; now grown up here, and they already have Amer- give thanks for the bountiful harvest and roughly 20 remain.

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A21NO8.056 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E1746 CONGRESSIONAL RECORD — Extensions of Remarks November 21, 2013 Consider this observation by author and to the apostle Mark. If the Middle East is ef- In light of these realities, it is clear that adjunct fellow at the Center for Religious fectively emptied of the Christian faith, this religious freedom is under assault globally. Freedom, Lela Gilbert, who recently wrote will have grave geopolitical implications. Last September the Pew Research Center re- in the Huffington Post: ‘‘Between 1948 and But rather than being met with urgency, leased a startling study which found that 1970, between 80,000 and 100,000 Jews were ex- vision or creativity, our government’s re- ‘‘three-quarters of the world’s approximately pelled from Egypt—their properties and sponse has been anemic and at times out- 7 billion people live in countries with high funds confiscated, their passports seized and right baffling especially to the communities government restrictions on religion or high destroyed. They left, stateless, with little most impacted by the changing Middle East social hostilities involving religion, up from more than the shirts on their backs to show landscape. 70% a year earlier.’’ for centuries of Egyptian citizenship. . . .’’ In conversation after conversation Coptic It is clear that the United States must do One of my last meetings in Egypt last Feb- Christians, reformers, secularist, women and more to speak for those whose voices have others have told me that the U.S. was per- ruary was with 86-year-old Carmen been silenced. Frankly, the Obama adminis- ceived as the largest supporter of the Muslim Weinstein, the president of the Jewish Com- tration in country after country has consist- Brotherhood-led government. Further, there munity of Cairo (JCC). She was born and ently sidelined human rights and religious was a widely held perception that the U.S. raised in Egypt and had lived her entire life freedom. was either disengaged or simply uninterested there. She led a small community of mostly in advocating for religious freedom and other In China we were told early on by Sec- elderly Jewish women in Cairo, who with basic human rights. retary of State, Hillary Clinton that human their sister community in Alexandria, rep- While the situation is grim in the Middle rights issues in China ‘‘can’t interfere with resent Egypt’s remaining Jews. East—it is hardly an anomaly. People of the global economic crisis, the global cli- There are 12 synagogues left in Cairo. faith are under assault elsewhere in the mate change crisis, and the security crisis.’’ Some, along with a landmark synagogue in world. In Sudan the administration actively Alexandria, have been refurbished by the The Chinese government maintains a bru- working to undermine congressional at- government of Egypt and/or U.S. Agency for tal system of labor camps. Common crimi- tempts to isolate indicted war criminal and International Development (USAID) and nals languish behind bars with people of architect of genocide, Omar Bashir. Mean- have received protection as cultural and reli- faith and Nobel laureates who dare to ques- while, this Spring, the administration re- gious landmarks—many have not. tion the regime’s authority. A February 2013 warded a notorious Sudanese government of- Further, the 900 year old Bassatine Jewish Christianity Today piece reported that ‘‘Chi- ficial, accused of torturing enemies and Cemetery is half overrun with squatters and na’s Christians felt a noticeable rise in perse- seeking to block U.N. peacekeepers in sewage. Ms. Weinstein sought to preserve cution in 2012 as the Communist government Darfur, with an invitation to Washington for these historic landmarks as well as the pat- began the first of a three-phase plan to eradi- high-level meetings. rimony records of the Egyptian Jewish com- cate unregistered house churches, a new re- In Vietnam, the Obama administration, munity. port says.’’ Currently every one of the ap- like the administration before it, has ig- I am aware of the good work of AJC in es- proximately 25 underground bishops of the nored bipartisan Congressional calls to place tablishing a fund for the maintenance and Catholic Church is either in jail, under house the government on the State Department’s preservation of Jewish cultural, religious arrest, under strict surveillance, or in hid- list of the most egregious religious freedom and historical landmarks, including ceme- ing. violators, despite crackdowns on people of teries, in Egypt. The government is an equal opportunity faith, preferring instead a policy defined Not long after my return to the U.S., Ms. persecutor of people of faith. Over the last simply by trade. Weinstein passed away and is now buried in two years, over 100 peace-loving Tibetans In fact the administration has failed to the very cemetery she sought to protect. have set themselves aflame in desperation at designate any countries of particular con- Meanwhile, with the fall of Hosni Mubarak, the abuses suffered by their people. cern, as it is required to do by law, since Coptic Christians, numbering roughly 8–10 The government of Vietnam continues to 2011. million, are leaving in droves in the face of suppress political dissent and severely limit The list goes on. increased repression, persecution and vio- freedom of expression, association, and pub- Turning back again to the Middle East: I lence. lic assembly. have authored bipartisan legislation with Similarly, Iraq’s Christian population has In Pakistan, Ahmadi Muslims are prohib- Congresswoman Anna Eshoo which would fallen from as many as 1.4 million in 2003 to ited from voting and their graves are dese- create a special envoy position at the State roughly 500,000 today. There are roughly 60 crated. In Europe, Anti-Semitism is on the ascent. Department charged with advocating for re- Christian churches in the entire country, A November 8 New York Times article re- ligious minorities in the Middle East and down from more than 300 as recently as 2003. ported, ‘‘Fear of rising anti-Semitism in Eu- Of course other, much smaller but no less South Central Asia—specifically focusing on rope has prompted nearly a third of Euro- vulnerable, religious minorities have also many of the countries I’ve mentioned here pean Jews to consider emigration because today. suffered greatly in Iraq. they do not feel safe in their home country, Over the span of a few decades, the Middle The legislation overwhelmingly passed the according to a detailed survey of Jewish per- House earlier this Fall and is languishing in East, with the exception of Israel, has vir- ceptions released Friday by a European tually been emptied of its Jewish commu- the Senate in part due to State Department Union agency that monitors discrimination opposition to virtually identical legislation nity. In my conversations with Syrian Chris- and other violations of basic rights.’’ The tian refugees, Lebanese Christians and Cop- last year. survey referenced was released on the 75th I am under no illusions that a special tic Christians in Egypt, a resounding theme anniversary of Kristallnacht violence emerged: a similar fate may await the ‘‘Sun- envoy holds the key to the survival or even against Jews in Nazi Germany. thriving of these ancient faith communities. day People.’’ In a piece which ran in the Miami Herald But to do nothing is not an option. And that While it remains to be seen whether the last fall, AJC’s Miami director poignantly seems to be precisely what this administra- historic exodus of Christians from the region wrote, ‘‘World War II and the destruction of tion aims to do. will prove to be as dramatic as what has al- European Jewry taught us that anti-Semi- Not only has it stood in the way of the ready happened to the Jewish community, it tism not only kills Jews, but also poisons is without question devastating, as it threat- and ultimately destroys the society that envoy legislation, key positions within the ens to erase Christianity, and in fact Juda- harbors it. People of good will said, ‘Never foreign policy apparatus charged with ism in many respects, from its very roots. again,’ instituted courses on the Holocaust, prioritizing these issues have suffered ex- Consider Iraq. With the exception of Israel, and countered the image of the defenseless tended vacancies and individual political the Bible contains more references to the Jew by supporting the sovereign and demo- prisoner cases are rarely raised in public cities, regions and nations of ancient Iraq cratic state of Israel. Yet today, seven dec- thereby sending a clear message to tyrants than any other country. The patriarch Abra- ades after the Nazi death camps became and oppressors the world over that there is ham came from a city in Iraq called Ur. operational, that lesson seems to be already little price to pay for violating the first free- Isaac’s bride, Rebekah, came from northwest forgotten in much of Europe, where small dom. Iraq. and defenseless Jewish communities face a While I will continue to press for swift Jacob spent 20 years in Iraq, and his sons renewed surge of anti-Semitism. This Jew- Senate action on the special envoy legisla- (the 12 tribes of Israel) were born in north- hatred expresses itself in xenophobic poli- tion, I leave you with a charge. west Iraq. A remarkable spiritual revival as tics; physical attacks and intimidation; and I am increasingly convinced that the dis- told in the book of Jonah occurred in interference with basic elements of Jewish cussion (or lack thereof) among government Nineveh. The events of the book of Esther religious practice.’’ leaders and opinion makers on this issue of took place in Iraq as did the account of Dan- This is troubling on a host of levels. For as religious persecution, is simply a down- iel in the Lion’s Den. Furthermore, many of history has shown us, if the Jews of a coun- stream manifestation of what is happening Iraq’s Christians still speak Aramaic the lan- try were free to practice their faith, one in the broader culture, and specifically in guage of Jesus. could be reasonably confident that tolerance the faith community domestically. In Egypt, some 2,000 years ago, Mary, Jo- and freedom were possible for others. When people of faith in this country are seph and Jesus sought refuge in this land The Jewish people have characteristically concerned about and advocate for people of from the murderous aims of King Herod. been the canaries in the coal mine—litmus faith who are besieged around the world, the Egypt’s Coptic community traces its origins indicators of the state of freedom for all. government tends to act.

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A21NO8.057 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS November 21, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1747 Consider the shining example of Cold War Mr. Slater has been a devoted husband and Miami had been fraudulent, to which I re- advocacy by the American Jewish commu- father and a pillar of the community for dec- sponded that actually my case had been in nity which championed the plight of Soviet ades. Mr. Speaker, it is my great honor to rec- New Jersey. They said that I had to bring my Jewry with remarkable effect. ognize John D. Slater, Sr. for his service to case from New Jersey to Miami, which took Could such passion be galvanized once three more years After that, I started won- again? our country and his impact in the community. dering what was wrong with my case. They I’ll close with the inspiring words of one of f always responded to me with endless ex- America’s greatest presidents, Abraham Lin- IN RECOGNITION OF MR. BLAIR cuses: a fire took place at an immigration of- coln. fice and a lot of information was damaged, Speaking to a nation torn apart by bloody MAHONEY paperwork became too backed up when they civil war, he still saw the importance of giv- had to put all the information of all cases in ing thanks, and in 1863 set apart the last a computer system, elections were taking Thursday of November for such a celebration HON. PATRICK MEEHAN OF PENNSYLVANIA place, I needed to complete and return an- declaring: other form and get fingerprinted. I com- ‘‘We are prone to forget the Source from IN THE HOUSE OF REPRESENTATIVES pleted and returned the form, then I was which [the blessings of fruitful years and Thursday, November 21, 2013 fingerprinted and had to wait more. I trusted healthful skies] come. . . . No human coun- the agents of this country and the laws, so I sel hath devised nor hath any mortal hand Mr. MEEHAN. Mr. Speaker, I rise today with waited and waited. They asked me to fill out worked out these great things. They are the my colleagues Mr. GERLACH and Mr. PITTS to another form and so on and on. I sent three gracious gifts of the Most High God. . . .’’ recognize Mr. Blair Mahoney for his distin- forms and fingerprints but nothing hap- While each of us may hail from varied guished leadership as Executive Director of backgrounds and beliefs, we know as Ameri- pened. cans that religious freedom is our birth- the Chester County Conference & Visitors Bu- Then the attacks on September 11, 2001, right—a gracious gift of the Most High God reau (CVB), and to congratulate him on his re- happened, which made things worse. There not to be denied by any man or government. tirement. was no news at all. An executive order by As we gather today and later next week For the past five years, Mr. Mahoney has President George Bush was released, order- with family and friends let us pause for a helped make Chester County a destination for ing that immigration documents should be moment and give thanks for our first free- visitors from across the Commonwealth and given to people who got Reagan’s reform. I dom while not forgetting those for whom the nation. He instituted strong leadership, presented it and nothing happened. I called this gracious gift is denied. sound fiscal planning, a historic office renova- two or three times every months asking f tion and relocation, and an award-winning about my case and nothing happened. I was told that the process took up to six months, HONORING JOHN D. SLATER, SR. branding campaign. Through these efforts, Mr. but I already had spent two years waiting FOR HIS COURAGEOUS SERVICE Mahoney helped communicate Chester Coun- and nothing. In 2005, I found out about a IN WORLD WAR II ty’s cultural, natural, and historic treasures to brain tumor through my medical exams. I re- many and draw new visitors and economic de- ceived surgery and after that I couldn’t work HON. BRADLEY S. SCHNEIDER velopment to our region. so I lived in a critical economic situation. I Mr. Speaker, we recognize Blair Mahoney lost everything I had. That same year, there OF ILLINOIS for his excellent service to the Chester County was another executive order request to re- IN THE HOUSE OF REPRESENTATIVES community and wish him well in his retirement. solve immigration cases because of the many Thursday, November 21, 2013 He takes with him the gratitude and respect of complaints from victims of the immigration service. I sent documentation by mail to the Mr. SCHNEIDER. Mr. Speaker, I rise today his staff, Board of Directors, peers and the correct address and on time, and they re- to recognize the outstanding World War II people of Chester County. jected it three times. I found an honest law- service of Private John D. Slater, Sr. f yer that took the case (pro bono, because of Mr. Slater was born in 1919, just a year my financial situation), and from there I had after the close of the First World War. He SHARING STORIES IN SUPPORT OF legal representation. We sent copies of the grew up in a country ravaged by the Great COMPREHENSIVE IMMIGRATION pages with the LULAC law, and we always Depression and marked by segregation and REFORM got negative responses, so we filed appeals Jim Crow. Mr. Slater lived in some of the but received again negative responses. They deepest parts of the South, picking cotton as asked me for proofs that were impossible to HON. JOE GARCIA find after 23 years, but nevertheless I was early as five years old. OF FLORIDA able to find some. All of this just to make When war broke out in Europe and reached IN THE HOUSE OF REPRESENTATIVES me lose the hope of solving my case. our doorstep in the Pacific, Mr. Slater was Thursday, November 21, 2013 In the last response not only did they deny drafted into the Army to serve and protect our my case, but also they took away my tem- country. He served in the 43rd Quartermaster Mr. GARCIA. Mr. Speaker, the following are porary residence. I demand my permanent Company and the 2nd Army. stories of individuals affected by our nation’s residency and a path to citizenship without Mr. Slater’s company crossed the Rhine broken immigration system: more delay, because I have tried for over 24 River on temporary bridges during heavy Story 1: I came to this country in 1980 with years with my residency, in the name of God, shelling, facing fierce opposition at every turn. the desire that all immigrants have—to seek Jehovah, and the signed and executed laws of By war’s end, Mr. Slater had served in France, better opportunities. I worked very hard to this country. Don’t allow injustice to win in make my way in this country. I had the op- Belgium and Holland. this country. You are politicians first for portunity to apply for residency, thanks to this country. At one point, Mr. Slater was separated from the amnesty by President Ronald Reagan his company behind enemy lines for three and the laws of this country. I presented the Story 2: Alex came here when he was very months before being found 1,000 miles from evidence required by the immigration proc- young. He’s from Honduras. Honduras is a their destination point. In 1946, he was honor- ess and my request was approved, giving me very poor country. His family is very poor, ably discharged after four years in the Army. the temporary residence and my social secu- but he speaks fairly fluent English. He came Today, at 94 years old, Mr. Slater is one of rity number. here to get a better life. There’s no work in Honduras and very high crime. He came here only three remaining African Americans who After two years, I had to change from tem- when he was probably 17 or 18 years old. He fought in the Battle of the Bulge. During this, porary residence to permanent residence, so I just had to request the change of status at hitched rides on trains, travelling on boxcars the last-gasp effort of the German army, the any immigration office. I even was able to with only the clothes he had and no money. allied forces bent, but held and won the day— travel to Ecuador, and Immigration stamped So, he basically crossed three countries, I be- and the war. Mr. Slater was not only a witness my passport. Then, because my process was lieve Honduras, Guatemala, Mexico. When he to a defining moment in the world’s history, he done in New Jersey but I had moved to got to this country, of course he came here helped shape it. Miami for personal reasons, in 1990 I went to illegally, but he ended up in Virginia and he After the war, Mr. Slater blazed his own the Immigration office in Miami. Since then, then went to Knoxville, Tennessee. During trail, working for roughly 30 years with Amer- I have been subjected to negligence by Immi- the time he was in Virginia and Tennessee, ican Motors, starting in 1949, and opening gration. Instead of giving me the permanent he was greatly exploited by people who had residence, they just put a sticker to validate him working for them. He was all alone. He Slater’s Barbecue in Waukegan, Illinois, in the my temporary residence for one year more. had no relatives and did not know anyone district I represent, in 1957. On weekends, for That happened again the following year, and here in the United States. He met a girl, who 40 years, he would cook his famous foot-longs the third consecutive year after that. Then, was maybe four or five years older than him. and ribs, serving a gracious and eager com- they didn’t want to give me the residency, She already had one child by a man from munity. because they said that LULAC cases in Honduras. She and Alex hooked up together

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00023 Fmt 0626 Sfmt 0634 E:\CR\FM\A21NO8.058 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E1748 CONGRESSIONAL RECORD — Extensions of Remarks November 21, 2013 and she got pregnant by Alex. They came So, that’s all I’m going to read, Alex. am the only one who does not have legal sta- down here to Pensacola after Hurricane Ivan, Alex: Yeah, I know and I’ve been thinking tus. I have an application but that sup- that’s when I met Alex. By that time, he had about them and this thing, you know. But, posedly takes many years and I have gotten married the girl. They had her child, and two there’s nothing I can do, so maybe I’ll see no response. This is not politics; we are children that they had together. them one day human beings of flesh and blood. For many it Alex was a great worker. I met him, actu- Well, I don’t know what we can do, but we is very easy to say why we came here ille- ally, through a neighbor who he had worked certainly are going to let people know what gally, they don’t see the need to leave our for. So, we became friends. For a while there, happened to you, okay? home countries. They do not know what it is I was in a wheelchair and Alex took care of Alex: Yeah And, hopefully, we can do to have someone get sick and not have to me. He’s just an incredible person. He just something with your book, and at least, medicine. They do not know what it is to go seems to have been born knowing what to do maybe one day, when they’re older, I believe three days without eating. This is not poli- with children. He was a great father. He was they will find you and this book. They will tics, these are human lives. great with older people and with people who know how much you love them and that you have disabilities. He loved animals; he was fought for them and what you went through Story 4: I came to the United States 13 constantly rescuing animals. to get them back. years ago. I am undocumented, I have two He came home one day, and when he got Story 3: My story begins in 1998 when my kids, one who was born here. I’m with my out of his car to walk into his house a police mom and my three sisters decided to come, husband. We fled from Nicaragua because officer or sheriff’s deputy, I’m not sure well, my mom decided that we all would even though the Sandinista government was which, approached him and asked him for his come to the United States as a result of my in power, there was still a threat from the ID and driver’s license. He did not have a little sister being sick. We did not have the mobs, and our lives were in danger. It’s for driver’s license. He did have a previous traf- money to cure her. She needed surgery and that reason that we decided to come to this fic violation that he had not paid, again it stuff. I was in high school and had no money country. We asked for political asylum, for was probably for driving without a license, for college, even though education was one of so he was arrested. When he was taken to the the things that made my mom determined which we were denied, because according to Escambia County Jail, within a week, the that we come to America. So then I came to the United States, Nicaragua has a democ- ICE came through the jail making a sweep, Mexico with my mom and my three sisters. racy, which is not true. Everything is lim- looking for undocumented people, and they In 1998 we crossed through Arizona and ar- ited by the Sandinista government. I say yes found Alex. From that time, Alex never got rived in Florida about two weeks later. When to citizenship and yes to immigration re- out of jail. He served a sentence, a short sen- I got here, the obvious thing was for me to form, because I feel a part of this great na- tence for the traffic violation. He was subse- study. My goal was always only to collect tion, because I pay my taxes, because my quently sent to prison or a holding area in enough money to pay my university in Mex- daughters have adopted this lifestyle, be- Texas where they incarcerate undocumented ico. Once we got here we found work, but I cause my country doesn’t have economic pri- people. In the mean time, he had had another had an accident about three months after I orities, it doesn’t enjoy democracy as it baby before he got arrested, so now they had got here and then for a while, like a year and should be. For those reasons I would like im- three children and the little baby was only a half, I had to go and live in Colorado with migration reform. I say yes to citizenship so about, maybe, four months old at that time. my brother because I could not work. I had I have the ability to buy my house, so I can As a result of Alex not being around to help an accident at work and I never got com- keep studying, so that I don’t have to be financially take care of the children, his wife pensation or anything. I have hands that do had a nervous breakdown and could not take not work very well, mostly my fingers, be- nervous to keep driving without a license, so care of the children and so she turned them cause I had to have a transplant in my hands that I don’t have to keep having to fear if in to foster care. The foster care mother, because I lost part of my bones and tendons my husband with come back or if it will be who got the children, I believe, got them in the accident. There are many who are in- the last day that we see him. I ask the legis- with the full intent of adopting them be- jured on the job and are entitled to be lators to give us the opportunity for a new cause she knew these children from their served, to receive therapies and receive a sal- path to citizenship. nursery school. Alex has not seen his chil- ary. But at the time I was a child, I was 18 Story 5: I’ve been living here for 23 years. dren since, and this has been about two and if I remember correctly, and I had not filed a half years ago. But, what he did do is he I came from Mexico and I’ve worked very an application. It was just one of those jobs hard in this country. I left ahead of my fam- tried every way he could to get his children where you say you go, then the company de- ily in Mexico. Here too. I’m tired of living in back; to get his children allowed to go to nied that I had registered, but I said, ‘‘If I the shadows. I have a son who is an Amer- Honduras with him. He wrote numerous let- was taken from there, the fire department ican citizen, and I thought that when he ters to his children. He sent those letters to took me out of work,’’ but I did not have in- me and I would send them to an attorney surance, I did not have a social worker to turned 21 we could ask immediately, but who was supposedly representing him in a help me, I had no one. I had to pay all ex- that not the case because we came here ille- dependency case. It became obvious to me penses. I did not know the language or the gally. I say yes to citizenship, for everyone that the foster mother was not letting the laws. I came across a social worker when I like me that has worked hard, that pays children read the letters that Alex wrote to was in the hospital and they told me that if their taxes and that haven’t asked the gov- them. He also was not allowed to call the I tried to do something with the company all ernment for anything. I say yes to give us an children. She did not want him talking to his that would happen was that I would be de- opportunity to move forward. children, so he was not allowed to talk to ported. What remained was a deep depression them on the phone, they were not allowed to Story 6: I have 23 years here, and I like after the accident because I could not work see his letters, he was not allowed to have that Rep. Dennis Ross is making laws here and was in therapy for over a year. But I still any communication with his children. He that bring people hired from Mexico to here. had the dream of wanting to study. Then I eventually got deported. He continued trying That doesn’t benefit me because I’ve been had to learn to deal with my condition, not to get his lawyer here to help him commu- here for 23 years and I want to help people being stuck at this point. Since my accident, nicate with the children and to get a home who are here, not the ones that are going to I could not carry heavy things when I was at study done there in Honduras in order for work, but I still had to work. I try to do ev- come. I say yes to reform for the 11 million him to get his children back. undocumented people that are here. I’m What I’m going to read are some letters to erything with one hand because I cannot put much weight on the other hand. Right now I going through a problem with immigration. I give you an example of the types of letters have for kids who are citizens here, I have he wrote his children. After he was deported, live with someone and I have two small chil- my house, I pay taxes. Unfortunately, if he came back to the United States again. He dren, one age six and one four, and I live there’s no solution by May 7th, I’ll be de- came back on a train, hiking trains, riding with my sister. All my immediate family is on boxcars, going through three countries, in the United States. My mom passed away ported. I ask Denis Ross to support me with no money, just the clothes on his back. He about twelve or thirteen years ago and is a green card or papers so that I won’t be de- crossed the border and was apprehended by buried here in Florida. I say deport me if I’m ported, because I want to see my family the border guards within minutes, so again not going to have even the right to visit the united, I don’t want to be separated from my he was in jail. But he came back only for one grave of my mother. This is not politics, kids so they’re not left on their own. these are human lives. Maybe I do not speak reason, and that was to get his children. I be- Story 7: I’m Cuban and I come from the perfect English, or write perfect English, but lieve that was his only hope of getting his Apopka Farmer’s Association. My goal in my life is in this country. If I were deported children back, was coming back to the participating in the caravan because I am United States. to Mexico I will be foreign in that country, It says, in beautiful writing, stylized writ- because I already have been living here for also an immigrant, even though it’s legal, ing, it says, ‘‘I love you,’’ it says, ‘‘with all many years. I have no family there, it’s like but I’m an immigrant, my main goal is to my heart. You are in my mind. I’m trying to I will be tossed into a city I do not know. My support people who are illegal and are fight- be with all of you. But it’s only me and God. sister took care of her residence when my ing for immigration reform. I understand I hope these people here let me stay with you brother-in-law married her. I have a U.S. cit- that they have come here for work, to give because I really want and love you all. I hope izen sister who was born in this country, and to this country, and when I think of all of you all like this. Kisses, hugs, love, your my other sister, Andrea, was still a minor them that have come to contribute to the so- papa.’’ I can’t read anymore. when my mother died. Of all my siblings, I ciety of the United States, they deserve the

VerDate Mar 15 2010 05:33 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00024 Fmt 0626 Sfmt 0634 E:\CR\FM\A21NO8.061 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS November 21, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1749 right to be a legal citizen. discuss their experiences and share ways to emerging democracies across the African con- Story 8: I’m saying yes to citizenship. I’m cope with the cancer. Additionally, Whipple tinent as well as long-overdue peace agree- a social worker. As a social worker at Hia- Warriors members participate in research to ments between Israelis and the Palestinians. It leah hospital, I came in contact with a vic- tim of domestic violence. The woman, I study the long-term effects on the body. They is indeed refreshing to see the enormously spoke to her, listened to her, built trust with provide much-needed resources to the grow- constructive role Morocco continues to play her and I was able to connect her to a wom- ing community of survivors around the world. not only in its region but across the continent en’s shelter. She was, during our conversa- In honor of Ronda and her organization’s and beyond. tion, she was very scared of having contact tireless work for the pancreatic cancer com- As we welcome His Majesty King Moham- with the police because she was undocu- munity, I am pleased to recognize the Whipple med VI of Morocco and his delegation to mented, and it was, you know, I worked with Warriors and wish them continued success in Washington, let us remember that Morocco her and at the end I was able to connect her this important endeavor. was the first country to recognize our inde- to the women’s shelter. Her abuser was, he was a citizen, a Cuban-American or a Cuban f pendence and that today, we share commit- ments to peace, democracy, regional stability citizen, and he would manipulate her because RECOGNIZING THE U.S.-MOROCCAN and economic stability. Through our continued of her immigration status. ECONOMIC AND SECURITY PART- Story 9: Hello, I am saying yes to citizen- cooperation and increased business relation- NERSHIP ship and yes to immigration reform for ille- ships, we will continue to meet our common gal immigrants here in the United States. I security and economic goals while strength- am a United States citizen and my parents HON. STEVE COHEN ening our relationship for years to come. are illegal immigrants. They’ve been in this OF TENNESSEE country for about 23 years, 24 years, and usu- IN THE HOUSE OF REPRESENTATIVES ally, I was born in Oregon, and usually at the f age of 21 I believed I would be able to grant Thursday, November 21, 2013 RECOGNIZING HONOREES AND OF- them a path to citizenship. When I turned 20, Mr. COHEN. Mr. Speaker, this week I had FICERS OF THE ANNANDALE I started investigating and talking with law- yers to see how they would be able to get the pleasure of attending a business meeting VOLUNTEER FIRE DEPARTMENT that accomplished and it turns out that it with a high level delegation from Morocco dur- wasn’t that easy, wasn’t that simple and I ing His Majesty King Mohammed VI of Moroc- HON. GERALD E. CONNOLLY wasn’t able to get them a path to be a resi- co’s visit to Washington. During this meeting, dent, to go ahead with this process to be- we discussed U.S.-Morocco trade and I am OF VIRGINIA come a US citizen. It didn’t work. I’m just, glad that FedEx, a major provider of high IN THE HOUSE OF REPRESENTATIVES I’ve been time and time again, for every law- value-added logistics, transportation and other Thursday, November 21, 2013 yer, kind of lawyers, immigration lawyers, business services that is headquartered in my everything, to marches of, to say yes to im- Mr. CONNOLLY. Mr. Speaker, I rise to district, was also able to take part in this con- migration reform and I just feel like right today to recognize the Annandale Volunteer structive meeting. As Morocco was the first now is the right time to just keep pushing Fire Department, and to congratulate the 2013 country with whom the U.S. signed a treaty of forward and I say yes to all the families and award recipients and incoming 2014 officers everyone. We the immigrants, most immi- commerce and friendship, I commend this and board members. grants, everyone’s an immigrant in the week’s meeting as symbolic of our long and The Annandale Volunteer Fire and Rescue United States, and it’s just hurtful that trusted relationship. those immigrants make up part of this econ- The business delegation meeting was Department is 1 of 12 volunteer fire depart- omy and help with the economic growth and hosted by our former colleague, Toby Moffet, ments in Fairfax County, and since its found- to keep taking these parents away from and the Mayer Brown law firm. The Moroccan ing in 1940, it has provided lifesaving, fire sup- their children and keep separating families, pression/prevention, and emergency medical/ it’s not the way this country was built and delegation included: Mr. Abdessalam Ahizoune, CEO of Maroc Telecom; Mr. rescue services to the residents of the Annan- I’m just calling to say that I’m saying yes to dale area and the surrounding community. immigration reform and yes for a pathway to Mohamed El Kettani, CEO of Attijariwafa citizenship for all illegal immigrants. Bank; Mr. Karim Hajji, CEO of the Casablanca The AVFD owns two stations, Station 8 on Columbia Pike and Station 23 on Little River f Stock Exchange; and Mr. Said Ibrahimi, CEO of the Moroccan Finance Board. In addition to Turnpike, and its front line fleet includes am- RECOGNIZING THE WHIPPLE FedEx, which is present in 55 African coun- bulances, a medic, 2 engines, and 1 canteen WARRIORS tries and growing, American companies rep- unit. The Department also provides opportuni- resented at the meeting were JP Morgan ties for professional growth and development HON. LOIS FRANKEL Chase, BNY Mellon, Citi, Bank of America, of the membership. Chevron and the Global Cold Chain Storage The most valuable assets of the AVFD are OF FLORIDA the volunteers who donate their time and re- IN THE HOUSE OF REPRESENTATIVES Alliance. We heard from Mr. Said Ibrahimi, who also serves as the head of the Casa- sources in service to our community. Last year Thursday, November 21, 2013 blanca Finance City project, on how the city of alone, these highly skilled and committed vol- Ms. FRANKEL of Florida. Mr. Speaker, I Casablanca is positioning itself as a location unteers contributed in excess of 15,000 hours rise today to recognize the Whipple Warriors, for U.S. multinational companies to consider responding to emergency incidents, attending a group founded by Ronda Bogani Ayala of for their African headquarters. This would sig- training, and fundraising. Each year the AVFD West Palm Beach, Florida. This organization nificantly increase economic opportunities in recognizes those volunteers who have ex- is dedicated to helping people with pancreatic the region and expand markets for U.S. com- celled in service and commitment, and it is my cancer who qualify for a procedure known as panies. honor to enter the following names of the ‘‘Whipple’’ surgery. In addition to our strong business ties, the 2013 Annandale Volunteer Fire Department Pancreatic cancer is a heart-breaking dis- U.S. and Morocco share similar democratic into the CONGRESSIONAL RECORD: ease with a very low life expectancy. About 3 values and common foreign policy goals in Outstanding Service Award (5 recipients): out 4 patients die within the first year of diag- North Africa and the Middle East. In August Steve Menger, Walt Ferrebee, Lisa Lieu, Les- nosis. Whipple surgery can help increase the 2011, I spearheaded a letter to His Majesty lie Plummer, and Kathleen Hinman life expectancy of those diagnosed with pan- King Mohammed VI recognizing Morocco’s Highest Admin Hours Award: Shirley Binsky creatic cancer, though only about 15 percent constitutional reforms that included protections Admin Member of the Year: Anthony Ruth of patients qualify for this dangerous and com- for the rights of vulnerable groups and a na- Rookie Members of the Year (2 recipients): plicated procedure. tional plan to promote human rights. His Maj- Chessy Dintruff and Roberto Melgar In January 2010, Ms. Ayala received the esty King Mohammed VI also established the Most Training Hours: Suzanne Adams devastating diagnosis of pancreatic cancer. Economic and Social Council to ensure that all Most Riding Hours: Tiffany Disbrow However, she was a candidate for the Whipple Moroccans are afforded opportunities for eco- Support Member of the Year: Fran Carfaro surgery. After her procedure she found very nomic independence. Since that time, His Maj- President’s Award (2 recipients): Michael few resources for support and guidance. She esty King Mohammed VI has shown great Hassan and Diana Phan decided to create an organization called the leadership in his dedication to his people and Chief’s Award (2 recipients): Sean Beatty Whipple Warriors in 2011 support for broader democratic reforms and and Tiffany Disbrow The Whipple Warriors provide support to pa- decentralization of decision-making to the local John G. Fox, Jr. Memorial Award (2 recipi- tients in many countries, allowing patients to level. Morocco has also lent its support to ents): Ronald Waller and Laura Dye

VerDate Mar 15 2010 05:33 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A21NO8.062 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E1750 CONGRESSIONAL RECORD — Extensions of Remarks November 21, 2013 Additionally, I wish to congratulate and der that the Salinas School of Dance has en- Mr. Speaker, these stories represent but a thank the following men and women who have dured and become one of the oldest busi- small cross-section of those suffering as a re- agreed to assume additional responsibilities as nesses in Salinas. sult of our nation’s outdated immigration laws. officers and board members for 2014: Mr. Speaker, I congratulate the Salinas Millions more remain in the shadows. They all Chief: Roger Waller School of Dance on its seventy-five years of have waited long enough for Congress to act. President: Gary Moore excellence and wish you many more years of The time for reform is now. Vice President: Sean Bhatty continued success. f Treasurer: Ronald Waller f Secretary: Diana Phan HONORING THE LEWISTON Directors: Shirley Binsky, Michael Hassan, CONGRATULATING UNC–TV FOR FIREFIGHTERS ASSOCIATION and Peter Snitzer BEING HONORED AS AN AMER- Mr. Speaker, I ask that my colleagues join ICAN GRADUATE CHAMPION HON. MICHAEL H. MICHAUD me in congratulating the 2013 award recipi- OF MAINE ents and in commending the Annandale Vol- HON. G.K. BUTTERFIELD IN THE HOUSE OF REPRESENTATIVES unteer Fire Department for 73 years of serv- OF NORTH CAROLINA Thursday, November 21, 2013 ice. I thank the brave volunteers whose dedi- IN THE HOUSE OF REPRESENTATIVES Mr. MICHAUD. Mr. Speaker, I rise today to cation to public safety is deserving of our high- recognize the Lewiston Firefighters Associa- est praise, and to each of these men and Thursday, November 21, 2013 tion for its service to Maine’s children through women I say: ‘‘Stay safe.’’ Mr. BUTTERFIELD. Mr. Speaker, I rise to its partnership with Operation Warm. f congratulate UNC–TV and WTVI–PBS Char- As firefighters, the members of the Lewiston lotte for being honored by the Corporation for IN HONOR OF THE SALINAS Firefighters Association are committed to put- Public Broadcasting (CPB) as an American SCHOOL OF DANCE ting the safety and interests of the community Graduate Champion. before themselves, and their partnership with The American Graduate Champion award is HON. SAM FARR Operation Warm is a continuation of this tradi- presented by the CPB to public media outlets tion of selfless service. Throughout the fall, the OF CALIFORNIA which demonstrate commitment to help in- Lewiston Firefighters Association engaged in a IN THE HOUSE OF REPRESENTATIVES crease awareness of the perils of dropping out community outreach effort to raise funds to Thursday, November 21, 2013 of high school and to help communities imple- keep our children warm during Maine’s harsh ment solutions to the problem. UNC-TV has winter months. As a result of their outreach ef- Mr. FARR. Mr. Speaker, I rise today to exhibited a wide variety of programming fo- honor the Salinas School of Dance, which is forts, the Lewiston Firefighters Association will cused on improving educational outcomes for be donating one hundred, brand new winter celebrating its seventy-fifth year of excellence students throughout North Carolina including in dance instruction in Salinas, California. coats to the children of Androscoggin Head airing a weekly series titled ‘‘Black Issues Start and Child Care. The Salinas School of Dance was founded Forum,’’ hosting a panel discussion before a in 1938 by professional dancer Mr. Ramon Since 1998, Operation Warm has partnered live audience called ‘‘Bridge to Success’’ at with organizations like the Lewiston Fire- Renov, who brought his world class dance ex- Union Independent School in Durham, North perience to the small farming town of Salinas. fighters Association to provide winter coats to Carolina, and participating in the ‘‘virtual more than one million children in need. Espe- He performed in the esteemed Ballets Russes teacher town hall’’ project with other groups de Monte Carlo in Europe and the United cially in a state like Maine, where winter tem- throughout the country. peratures routinely fall far below freezing, our States. Mr. Renov retired in 1980 and be- I was honored to participate in UNC–TV’s stowed ownership to Lisa Eisemann. She has children are highly susceptible to illness, jeop- recognition of ‘‘American Graduate Day’’ on ardizing their health and education. By keep- continued a reputation of excellence, maintain- September 28, 2013. The valuable program- ing high standards in curriculum and teaching, ing our children warm and healthy, these ming on UNC-TV has helped connect commu- coats minimize the chance that they will have and constant upgrades to make the studio the nities and identify practical solutions to edu- heart of the City of Salinas. Ms. Eisemann to miss school. cational challenges facing students, parents, On Tuesday, November 26, 2013, the continues to teach Russian Vaganova style teachers, and schools across North Carolina’s ballet to students of all ages. Lewiston Firefighters Association will donate First Congressional District. one hundred coats to the children of The Salinas School of Dance studio is now Mr. Speaker, I commend UNC–TV for its home to two structured companies; the Sali- Androscoggin Head Start and Child Care at contributions to students and families through- the Lewiston Central Fire Station in Lewiston, nas Valley Civic Ballet Company and the Spirit out North Carolina. Encouraging students to of Salinas Irish Dancers. Ballet, tap, jazz, Irish Maine. Through their commitment to service, stay in school has never been more important these firefighters serve as exemplary role dance and Tappin’ Dad classes are taught five because a high school degree is a critical days a week. The Spirit of the Irish Dancers models for our children and truly represent the building block to success in today’s competi- strong community spirit of the people of is a high performance group that has per- tive global economy. I ask my colleagues to formed at many local and international events. Maine. join me in honoring and celebrating UNC–TV’s Mr. Speaker, please join me again in recog- Two years ago, they performed for the Lord great achievement by being recognized as an Mayor of Drogheda, Ireland who invited them nizing the Lewiston Firefighters Association for American Graduate Champion. its partnership with Operation Warm and ef- to visit Ireland and told the Mayor of Salinas Thank you very much. that the dance group’s skills supersede that of forts on behalf of Maine’s neediest children. his own country’s Irish Dancers. f f Every child is welcome to learn and dance SHARING STORIES IN SUPPORT OF HONORING THE LIFE OF CORINNE at the Salinas School of Dance. Currently, COMPREHENSIVE IMMIGRATION CLAIBORNE ‘‘LINDY’’ BOGGS they have children with serious learning dis- REFORM abilities and one young man that has a pros- HON. MARCY KAPTUR thetic leg and one arm. His parents recently HON. JOE GARCIA OF OHIO commented that being in ballet has given him OF FLORIDA IN THE HOUSE OF REPRESENTATIVES confidence that nothing else has provided. He is ten years old and it’s his second year at the IN THE HOUSE OF REPRESENTATIVES Thursday, November 21, 2013 studio. It is because of Ms. Eisemann’s ability Thursday, November 21, 2013 Ms. KAPTUR. Mr. Speaker, I rise today, to connect with the community and her leader- Mr. GARCIA. Mr. Speaker, the following is with great affection at this Thanksgiving sea- ship skills that many of its dance classes re- one additional story of yet another individual son, to honor, remember, and celebrate the main full year round throughout Monterey, San affected by our nation’s broken immigration life of Representative ‘‘Lindy’’ Marie Corinne Benito, and Santa Cruz Counties. system: Morrison Claiborne Boggs, of New Orleans, For seventy-five years, the Salinas School My parents came here 12 years ago from Louisiana, who passed from this life earlier of Dance has been a positive fixture in the Mexico. I am an American citizen, but right this year on July 27, 2013, but whose accom- community. With structure, personal responsi- now I am suffering a lot because my dad is plishments and legacy continue to inspire her bility, respect, and commitment forming the detained in an immigration jail. I have three family, her constituency, her colleagues, and foundation of the dance program, it is no won- brothers and we all miss my dad very much. all whose lives she so generously influenced.

VerDate Mar 15 2010 05:20 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A21NO8.065 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS November 21, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1751 ‘‘Lindy’’ was born in Pointe Coupee Roads, Opportunity Act of 1974. She cited her experi- ticipate in Caucus functions of which she was Louisiana, on March 13, 1916. She was the ence as a newly widowed woman seeking a part, and she worked hard to bring people only child of Roland Claiborne, a wealthy sug- credit as her motivation to add ‘‘sex or marital together across the aisle in every way she arcane plantation owner and prominent law- status’’ to the provision barring discrimination could. She made the House a more human yer, and Corinne Morrison. Her nurse nick- on the basis of ‘‘race and age, and their status place. named her ‘‘Rolindy’’ because she thought as veterans.’’ Without informing the other com- May her surviving children—Cokie Roberts Lindy resembled her father more than her mittee members, Lindy added those words and Thomas Hale Boggs—as well as their mother. and made copies of the revision for her col- spouses, children, grandchildren, family and Following her father’s death when she was leagues, saying, ‘‘Knowing the Members com- friends draw strength at this time of bereave- only two years old, Lindy and her mother went posing this committee as well as I do, I’m sure ment from her incredible life and accomplish- to live in New Orleans with her maternal it was just an oversight that we didn’t have ments. Truly, this was a woman for all sea- grandparents. The Morrison family’s roots can ‘sex’ or ‘marital status’ included.’’ The bill sons, a woman of extraordinary measure. Per- be traced back to the Mayflower. Lindy’s passed unanimously. sonally, she endured the loss of her father and grandmother Morrison had a great influence It was this persistence and skill at indirect husband, and then two of their children, Bar- on her and lived to be ninety-seven, as did pressure that marked Lindy’s style as a pro- bara Boggs Sigmund, who had been elected Lindy. gressive southern woman working to advance Mayor of Princeton, New Jersey, and infant Her mother remarried when Lindy was six to the cause of humanity, acting as a champion William Robertson Boggs. Always, Lindy kept a man who owned a cotton plantation. This is of civil rights in her diverse district. her eyes on the horizon and endured. She as- where Lindy said she was introduced to poli- In 1976, she became the first woman to pre- sumed responsibility after her husband’s pass- tics, as the plantations controlled much of the side over a national political convention. In ing for continuing their brilliant partnership as politics of the state. 1977, she was elected to the House Com- progressive, elected Representatives from the This is also where Lindy was introduced to mittee on Appropriations. At her retirement State of Louisiana during times of enormous enduring, gracious, hard-working women. She she remained the longest serving female social change and broadened civil and human said, ‘‘The women on plantations were abso- member of that committee after serving 12 rights. And, she raised her young children on lutely remarkable. They had an autonomous years. That same year, she helped to co- her own. Lindy’s ascension to key Congres- situation. They had to do everything in the found the Congressional Women’s Caucus, sional Committees, often as the lone woman, house . . . and everything had to be done in later serving as its secretary. When Lindy was carved a swath forward for gender equity in time for a huge mid-day dinner. Then, in the elected to Congress, only 16 women were our nation. Her appointment as the first afternoon . . . they created their own cultural serving in the House out of 435 members; by woman Ambassador to the Vatican in the last environment. They had musicals, and they her retirement, there were 29. quarter of her life mark her total service to the had book reviews . . . it all occurred within In the early 1980’s, Lindy helped create, people of the United States as one of the those houses.’’ With no work these women and served as a member of, the Select Com- longest and most generous in the history of weren’t willing to do, it never occurred to Lindy mittee on Children, Youth, and Families. From our nation, extending well over half a century. that women couldn’t accomplish whatever they 1985 to 1989, she served as the chair of the She was a patriot of the first order. Her legacy set their mind to. Bicentenary of the U.S. House of Representa- will live on in the legislation she passed and Lindy matriculated at Newcomb College in tives. in the inspiration and encouragement she im- New Orleans, the first women’s college in Lou- In January 1991, at age 75 and after 18 parted to all those whose lives she touched so isiana and the sister school to Tulane Univer- years of service, Lindy Boggs retired from selflessly. May God bless her and place her sity, where she majored in history and edu- Congress to care for her daughter Barbara among the stars that shine from the highest cation. During her freshman year at Newcomb, who was dying of cancer. In July of the same points in the cosmos. And to her family, a she met Thomas Hale Boggs, who was the year, the House named a room off the Ro- most sincere thank you for sharing her with editor of the Tulane University newspaper tunda in her honor: The Lindy Claiborne the nation, and with the Congress, these many where Lindy served as women’s editor. Boggs Congressional Women’s Reading decades. In January 1938, at age twenty-one, she Room. f married Hale and, through university connec- In retirement, Lindy remained politically ac- tions, Hale and Lindy embarked on a political tive, writing her autobiography Washington SHARING STORIES IN SUPPORT OF career as part of the grass-roots reform move- Through a Purple Veil in 1994. In 1997, Presi- COMPREHENSIVE IMMIGRATION ment that took place in Louisiana in the late dent Clinton appointed the 81 year old as the REFORM 1930s. With Lindy’s indefatigable support and first woman U.S. Ambassador to the Vatican, help, Hale was elected to Congress in 1941, a position she proudly served until 2001. HON. JOE GARCIA eventually rising to majority leader. Of the accomplishments she was most OF FLORIDA When Hale’s plane tragically crashed in proud of, she cited bills she co-sponsored on IN THE HOUSE OF REPRESENTATIVES 1972 on a campaign trip in Alaska, not only behalf of minorities, women, and children; her Thursday, November 21, 2013 did Lindy find herself raising their three chil- efforts to improve education from the elemen- Mr. GARCIA. Mr. Speaker, I rise today to dren alone, but she also found herself running tary to the college level; her work on the chil- share the stories of 65 Floridians whose lives for his vacant seat, saying, ‘‘I woke up and dren’s task force on crisis intervention; her ef- have been profoundly impacted by this just found myself running one morning; I never forts to open the National Museum of African House’s lack of action on immigration reform. made a conscious decision to run.’’ Art in Washington, D.C.; establishing the Of- The vast majority of Floridians, like the vast Later, she would reflect: ‘‘When the various fice of Historian of the House of Representa- majority of Americans, support comprehensive people were trying to persuade me to run . . . tives; and achieving Margaret Chase Smith’s immigration reform that creates a path to citi- Lady Bird Johnson [wife of President Lyndon dream of making the rose the national flower. zenship, secures our borders, and grows our B. Johnson] . . . called and talked to me for Lindy Boggs’s gracious southern charm, economy. strong faith, sense of humor, quiet persist- a long time about how I had an obligation and These stories, collected by the ACLU of ence, deep social conscience, and firm belief all of these things. Then when she thought Florida, the Florida Immigrant Coalition, and in what’s right made her one of the most influ- maybe she had convinced me, she said ‘But other coalition groups from the ‘‘Say Yes’’ to ential and extraordinary women of our time. darling, do you think you can do it without a Citizenship Campaign, were originally in Span- She is dearly missed by all who knew her, and wife?’ I’ve told her many times, it was very ish, have been edited for length, and have had by all who have benefited from her extraor- hard without a wife.’’ the names removed so that individuals who In March 1973, Lindy Boggs was elected to dinary work. had been afraid to speak up could speak free- the House of Representatives in a special Personally, I hold many wonderful memories ly. election. Her victory made her the first woman of Lindy and her unending kindness. When I Whether we consider H.R. 15, which I intro- to represent Louisiana in the House and the was first elected to the Appropriations Com- duced, or another vehicle, we cannot afford to first Catholic elected from a State that had mittee, as the only other woman on her side wait any longer. I urge my colleagues to listen never elected a Catholic to any major state of- of the aisle, she made sure I sat next to her to these stories and recognize the real human fice. to coach me on the unique rules of the Com- consequences of our inaction. Lindy was at first appointed to the Banking mittee. She always took the time to say hello Story 1: I met my husband in Colombia. He and Currency Committee, where she played a and give an encouraging word. She offered was on vacation and he was American. We key role during the markup of the Equal Credit Members rides home, she invited them to par- fell in love and we married in Colombia.

VerDate Mar 15 2010 05:33 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00027 Fmt 0626 Sfmt 0634 E:\CR\FM\A21NO8.070 E21NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E1752 CONGRESSIONAL RECORD — Extensions of Remarks November 21, 2013 When I got pregnant, we moved here to the country—the only country that I really couple months before his reelection. I was United States because he wanted his son to know. undocumented for many years until my wife grow up here. That was twenty years ago. We Story 4: I came here from the Bahamas a is able to fix my status but my legalization have three kids from our marriage. After my year and a half ago searching for a better life does not mean that I can stop fighting for husband passed away I had to find a job. My and to further my education and athletic ca- other undocumented people. I have family English was minimal and I didn’t have any reer. I graduated senior high school at the and friends who are still in the shadows, who family around to help. I was cleaning houses age of sixteen, and I am now eighteen. Be- are willing to come out, and who I want to in the beginning, and I worked for UPS for cause of my immigration status I was unable come out to better themselves. six years. I left UPS and tried to follow my to continue and further my education. I’ve dad’s career. He was a jeweler in Colombia, had scholarships to the top schools but was Story 7: I’m saying yes to Congress sup- so I got a job with a local pawnshop in Jack- unable to obtain them because of my immi- porting a path to citizenship. Many of us sonville. I worked for them for four years, gration status, which put part of my life on have stories. My story is this: my mom but I got in trouble for purchasing stolen hold. I am saying yes to citizenship so I can brought me here when I was six months old merchandise and because of my knowledge— be a voice not only for myself, but also for and it’s not her fault, it’s nobody’s fault. By they said I should have known about it being the students that stand in my shoes. the age of 13 I started helping them in the stolen. The items were no more than a thou- Story 5: I’m twenty-five years old and from fields and I learned and went to school and sand dollars, but they split the items and West Palm Beach, Florida. I’ve lived here my everything. After school I would go straight charged me five times. I served four days of whole life, and I’m the second oldest of seven to the fields to help out my mom because she jail, four months of home arrest, and nine children. All me and my brothers and sisters needed help. I want to see a path to citizen- months of probation. After a year of my life are U.S. citizens. We were all born here in ship because I want to see everybody have being on hold and not being able to work and the United States. My dad is Guatemalan— opportunities in life. not knowing how to support my kids, I was he is an immigrant. And my mom is Salva- obligated to plead guilty so I could keep doran—she is also an immigrant. They immi- Story 8: My family actually immigrated going on with my life. I was very blessed and grated to the United States about twenty- 200 years ago. My great great grandfather lucky to find a job where they got to know five years ago. About seven years ago my was a stowaway from Germany and a Ger- me and see what kind of person I am. I have mom and my dad were both deported at the man Jew. I really love it here in Florida. I been with them for one and a half years, and same time, on the same day. I was a senior really see how the immigrant community I have been promoted a couple of times. I in high school. I remember the day clearly. I has enriched our community. I worry that flew to Columbia a year ago and when I came said goodbye to both my mom and my dad increasingly we are being hostile to immi- back, I was stopped by immigration in the like a normal day. I knew they were going to grants because they look a little different airport and questioned about what happened. immigration court but I never thought that from the immigrants that have come here They told me that, because of the incident I would never see them again. That was the from the past instead of realizing how much and leaving the county and coming back, last day I saw them. My dad owned his own they enrich the place. I think we need to they were going to start the procedure of de- company in which he paid taxes. We had ev- continue to be a country that welcomes peo- portation. They removed my green card and erything that we wanted growing up because ple just like it has with my great great gave me a temporary green card for one year my dad worked hard and was able to own his grandfather. and I was to hear about what was going to own business. When my mom and dad were Story 9: I’m from Argentina, and I’ve been happen. I’ve been in this country all my life. deported we lost the house that he bought. I worked in this county all my life. I have With the house he lost the business, and with here for 30 years. I came to this country three American kids. I have a dead American the business we pretty much lost everything. looking for a better future. I have two Amer- husband. I think I’m American. I made the It was up to me and my older sister to pretty ican children and the greatest fear I have is mistake of trusting someone and paid the much provide everything for my younger being separated from them. I have been consequences. I think we deserve another brothers and sisters. From that point on, I threatened with separation from my children chance. was no longer a normal high school student. and all that I ask the congressmen and sen- Story 2: I was born in Brazil. I came at the I became a father of six, pretty much. My ators is to pass immigration reform with a age of 14. I am a DREAM Act student. When life changed completely. I had high hopes of path to citizenship in order to give a better I first arrived in the U.S., I learned about the one day playing collegiate soccer and hope- future for my children and to fulfill my importance of freedom. I learned what it fully maybe even one day playing profes- dreams in this country. meant to be an American. For me, those sional soccer, but those dreams were shat- Story 10: I think it’s important what we’re American ideals are really important. When tered when my parents were deported. There doing today because the people are of value, I decided I was going to marry the person I was a moment when some of my brothers they are an asset to our community and we love and decided to share the rest of my life and sisters were actually homeless due to need them. None of us would be here if it with, I also wanted to fight for our right to the fact that we lost the company, we lost wasn’t for the immigrants. We all come from be fully recognized in this county. I am an my parents, and we lost the house. So we did that. It’s important that they’re allowed to undocumented immigrant, but my spouse is live on the streets. We lived at hotels some- a U.S. citizen. The only difference between times. It completely destroyed my family. be here so they can add to our economy. And us and the rest of our peers is the fact that Two years ago my mom was actually killed they’re not taking jobs. They’re doing the we are in a same sex relationship. The inclu- due to the violence that people flee the coun- jobs that no one wants to do. I’m an Amer- sion of the Uniting American Families Act try for. The first time I saw my mom since ican, born and raised, and I’m in total sup- will protect our family from deportation and the day that she was deported from this port of it. I think the government needs to also our general well-being. When we saw country in five years was in her coffin for look at our immigration system and make it that Senator Rubio and others specifically her funeral. That was the first time I ever user-friendly to become a citizen because spoke against our family we felt that not all saw my mom. I never got the chance to hug right now it’s not user-friendly. It’s too ex- families were included in immigration re- my mom or kiss my mom or say ‘‘hi’’ to my pensive and too much paperwork and too form. It was extremely outrageous to us to mom ever again. She was never a criminal. much red tape. Let’s get down to the brass see the Uniting American Families Act fail She never even got a speeding ticket. Now I tacks and do it right. And do it in a quick in the Judiciary Committee last week. We live here with my brothers and sisters, and manner. We can do it and the government hope that Senator Rubio will speak on behalf we get by however we can. Obviously things knows how to do it. Let’s just do it. of the entire state of Florida, people like me, are rough. Things are hard, but we’re getting Story 11: I’m here because I have a lot of and also the 67% of Florida voters who sup- through it. It saddens me every day to know friends that I go to school with who can’t go port the inclusion of same sex couples in im- that the fact that my parents were deported migration reform. broke a happy family, a truly happy family to school because of tuition hikes in our state. I’m in this club Students Working for Story 3: I’m an immigrant rights activist that’s no longer together and will no longer and I have been one for the past five years. ever be happy. If I had one goal, one mission Equal Rights, and our president right now is I absolutely say yes to citizenship for the in my life, it’s to prevent other children, in Georgia because her boyfriend got arrest eleven million undocumented immigrants other kids, other families from going for driving without a license. Of course, if living in this country. I feel it’s imperative through what I went through. you’re not documented you can’t get a li- that the government finally takes care of Story 6: I live in Auburndale, Florida. I cense, and if you’re undocumented and get this issue after so many years. For example was undocumented. I want to say yes to citi- arrested, you’ll constantly live in fear of in my case, I have been living here for twen- zenship because it’s a very important thing being deported. I’ve just seen this problem ty-three years, but have been undocumented for immigration reform to happen. We’ve escalate, and I’m here to make sure I help from the age of two. Right now I want to le- been promised immigration reform for years that in any way that I can. I want to see im- galize my status so I can become an archi- since Obama’s first term in office and he did migration get reformed because there are a tect, finally realize my dream of becoming a not go through with that promise, though he lot of people that play by the rules and work citizen, and do my best in giving back to this did pass the action for childhood arrivals a really

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HIGHLIGHTS Senate agreed to S. Con. Res. 28, Adjournment Resolution. Senate Reid motion to recommit the bill to the Com- Chamber Action mittee on Armed Services, with instructions, Reid Routine Proceedings, pages S8413–S8538 Amendment No. 2305, to change the enactment Measures Introduced: Twenty-four bills and seven date. Page S8437 resolutions were introduced, as follows: S. Reid Amendment No. 2306 (to (the instructions) 1754–1777, S. Res. 309–311, and S. Con. Res. Amendment No. 2305), of a perfecting nature. 26–29. Pages S8456–57 Page S8437 Measures Passed: Reid Amendment No. 2307 (to Amendment No. 2306), of a perfecting nature. Page S8437 Adjournment Resolution: By 51 yeas to 42 nays (Vote No. 246), Senate agreed to S. Con. Res. 28, During consideration of this measure today, Senate providing for a conditional adjournment or recess of also took the following action: the Senate and an adjournment of the House of Rep- By 51 yeas to 44 nays (Vote No. 245), three-fifths resentatives. Page S8441 of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion Measures Considered: to close further debate on the bill. Pages S8440–41 Workforce Investment Act: Senate began consider- Subsequently, Senator Reid entered a motion to ation of the motion to proceed to consideration of S. reconsider the vote by which cloture was not in- 1356, to amend the Workforce Investment Act of voked on the bill. Page S8441 1998 to strengthen the United States workforce de- A unanimous-consent agreement was reached pro- velopment system through innovation in, and align- viding that at approximately 4 p.m. on Monday, De- ment and improvement of, employment, training, cember 9, 2013, Senate resume consideration of the and education programs in the United States, and to bill, to allow the Chairman and Ranking Member to promote individual and national economic growth. provide a status update on the bill. Page S8537 Pages S8413–18 Appointments: National Defense Authorization Act—Agree- ment: Senate continued consideration of S. 1197, to United States Commission on Civil Rights: The authorize appropriations for fiscal year 2014 for mili- Chair, on behalf of the President pro tempore and tary activities of the Department of Defense, for upon the recommendation of the Republican Leader, military construction, and for defense activities of pursuant to Section 2(b) of Public Law 98–183, as the Department of Energy, to prescribe military per- amended by Public Law 103–419, appointed Gail sonnel strengths for such fiscal year, taking action on Heriot, of California, to the United States Commis- the following amendments and motions proposed sion on Civil Rights, for a term of six years. thereto: Pages S8437–41 Page S8537 Pending: Signing Authority—Agreement: A unanimous- Reid (for Levin/Inhofe) Amendment No. 2123, to consent agreement was reached providing that dur- increase to $5,000,000,000 the ceiling on the gen- ing the adjournment or recess of the Senate from eral transfer authority of the Department of Defense. Thursday, November 21, 2013, through Monday, Page S8437 Reid (for Levin/Inhofe) Amendment No. 2124 (to December 9, 2013, Senators Warner, Kaine, and Amendment No. 2123), of a perfecting nature. Rockefeller be authorized to sign duly enrolled bills Page S8537 Page S8437 or joint resolutions. D1126

VerDate Mar 15 2010 04:49 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D21NO3.REC D21NOPT1 tjames on DSK6SPTVN1PROD with DIGEST November 21, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D1127 Pro Forma Sessions—Agreement: A unanimous- of Patricia Ann Millett, of Virginia, to be United consent agreement was reached providing that the States Circuit Judge for the District of Columbia Senate adjourn, and convene for pro forma sessions Circuit, post-cloture, with up to 30 minutes of de- only, with no business conducted, on the following bate equally divided and controlled in the usual dates and times, and that following each pro forma form; and that at 5:30 p.m., all post-cloture time be session, Senate adjourn until the next pro forma ses- expired and the Senate vote on confirmation of the sion: Friday, November 22, 2013, at 11:15 a.m.; nomination. Page S8537 Tuesday, November 26, 2013, at 11 a.m.; Friday, Nominations Received: Senate received the fol- November 29, 2013, at 1 p.m.; Tuesday, December lowing nominations: 3, 2013, at 11 a.m.; and Friday, December 6, 2013, at 10:30 a.m.; that the Senate adjourn on Friday, Sherry Moore Trafford, of the District of Colum- December 6, 2013, until 2 p.m., on Monday, De- bia, to be an Associate Judge of the Superior Court cember 9, 2013, unless the Senate receives a message of the District of Columbia for the term of fifteen from the House of Representatives that it has adopt- years. ed S. Con. Res. 28, providing for a conditional ad- Steven M. Wellner, of the District of Columbia, journment or recess of the Senate and an adjourn- to be an Associate Judge of the Superior Court of ment of the House of Representatives; and that if the District of Columbia for the term of fifteen the Senate receives such a message, Senate adjourn years. until 2 p.m., on Monday, December 9, 2013. Andrew Mark Luger, of Minnesota, to be United Page S8537 States Attorney for the District of Minnesota for the Millett Nomination: By 55 yeas to 43 nays, 2 re- term of four years. sponding present (Vote No. 244), Senate upon re- Damon Paul Martinez, of New Mexico, to be consideration agreed to the motion to close further United States Attorney for the District of New Mex- debate on the nomination of Patricia Ann Millett, of ico for the term of four years. Virginia, to be United States Circuit Judge for the Brad R. Carson, of Oklahoma, to be Under Sec- District of Columbia Circuit. Pages S8418, S8441–48 retary of the Army. Senate also took the following action: Richard A. Kennedy, of Pennsylvania, to be a By 57 yeas to 40 nays, 3 responding present (Vote Member of the Board of Directors of the Metropoli- No. 239), Senate agreed to the motion to proceed to tan Washington Airports Authority for a term expir- the motion to reconsider the motion to invoke clo- ing May 30, 2016. ture on the nomination. Pages S8416–17 David Radzanowski, of the District of Columbia, By 46 yeas to 54 nays (Vote No. 240), Senate re- to be Chief Financial Officer, National Aeronautics jected the McConnell motion to adjourn until 5:00 and Space Administration. p.m. on Thursday, November 21, 2013. Page S8417 Maureen Elizabeth Cormack, of Virginia, to be By 57 yeas to 43 nays (Vote No. 241), Senate Ambassador to Bosnia and Herzegovina. agreed to the motion to reconsider the motion to in- Leslie Berger Kiernan, of Maryland, to be Rep- voke cloture on the nomination of Patricia Ann resentative of the United States of America to the Millett, of Virginia, to be United States Circuit United Nations for U.N. Management and Reform, Judge for the District of Columbia Circuit. with the rank of Ambassador. Page S8417 Leslie Berger Kiernan, of Maryland, to be Alter- By 48 yeas to 52 nays (Vote No. 242), Senate re- nate Representative of the United States of America jected the ruling of the Chair that the cloture vote to the Sessions of the General Assembly of the for all nominations other than for the Supreme Court United Nations, during her tenure of service as Rep- is not by majority vote. Subsequently, Senator Reid resentative of the United States of America to the motion to appeal the ruling of the Chair was sus- United Nations for U.N. Management and Reform. tained. Pages S8417–18 Heather L. MacDougall, of Florida, to be a Mem- By 52 yeas to 48 nays (Vote No. 243), Senate sus- ber of the Occupational Safety and Health Review tained the ruling of the Chair that under precedent Commission for a term expiring April 27, 2017. set by the Senate today, November 21, 2013, the John Roth, of Michigan, to be Inspector General, threshold for cloture on nominations, not including Department of Homeland Security. those of the Supreme Court, is now a majority. Sub- 3 Air Force nominations in the rank of general. sequently, Senator McConnell motion to appeal the 1 Army nomination in the rank of general. ruling of the Chair was rejected. Page S8418 A unanimous-consent-time agreement was reached A routine list in the Foreign Service. providing that at 5 p.m., on Monday, December 9, Pages S8537–38 2013, Senate resume consideration of the nomination Messages from the House: Page S8455

VerDate Mar 15 2010 04:49 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D21NO3.REC D21NOPT1 tjames on DSK6SPTVN1PROD with DIGEST D1128 CONGRESSIONAL RECORD — DAILY DIGEST November 21, 2013 Measures Placed on the Calendar: NOMINATIONS Pages S8413, S8455 Committee on Commerce, Science, and Transportation: Measures Read the First Time: Pages S8455, S8537 Committee concluded a hearing to examine the Enrolled Bills Presented: Page S8455 nominations of Paul Nathan Jaenichen, Sr., of Ken- tucky, to be Administrator of the Maritime Admin- Executive Communications: Pages S8455–56 istration, and Debra L. Miller, of Kansas, to be a Executive Reports of Committees: Page S8456 Member of the Surface Transportation Board, both of Additional Cosponsors: Pages S8457–62 the Department of Transportation, and Arun Madhavan Kumar, of California, to be Assistant Sec- Statements on Introduced Bills/Resolutions: retary of Commerce for Trade Promotion and Direc- Pages S8462–67 tor General of the United States and Foreign Com- Additional Statements: Pages S8453–55 mercial Service, after the nominees testified and an- Amendments Submitted: Pages S8467–S8527 swered questions in their own behalf. Authorities for Committees to Meet: BUSINESS MEETING Pages S8527–28 Record Votes: Eight record votes were taken today. Committee on Energy and Natural Resources: Committee ordered favorably reported the following business (Total—246) Pages S8416–18, S8441 items: Adjournment: Senate convened at 10:30 a.m. and S. 258, to amend the Federal Land Policy and adjourned at 6:32 p.m., until 11:15 a.m. on Friday, Management Act of 1976 to improve the manage- November 22, 2013. (For Senate’s program, see the ment of grazing leases and permits, with amend- remarks of the Majority Leader in today’s Record on ments; page S8537.) S. 364, to establish the Rocky Mountain Front Conservation Management Area, to designate certain Committee Meetings Federal land as wilderness, and to improve the man- agement of noxious weeds in the Lewis and Clark (Committees not listed did not meet) National Forest; S. 715, to authorize the Secretary of the Interior BUSINESS MEETING to use designated funding to pay for construction of Committee on Banking, Housing, and Urban Affairs: authorized rural water projects, with amendments; Committee ordered favorably reported the nomina- S. 782, to amend Public Law 101–377 to revise tion of Janet L. Yellen, of California, to be Chairman the boundaries of the Gettysburg National Military of the Board of Governors of the Federal Reserve Park to include the Gettysburg Train Station, with System. amendments; S. 974, to provide for certain land conveyances in HOUSING FINANCE REFORM the State of Nevada; Committee on Banking, Housing, and Urban Affairs: S. 995, to authorize the National Desert Storm Committee concluded a hearing to examine housing Memorial Association to establish the National finance reform, focusing on powers and structure of Desert Storm and Desert Shield Memorial as a com- a strong regulator, including S. 1217, to provide sec- memorative work in the District of Columbia; ondary mortgage market reform, after receiving tes- S. 1044, to direct the Secretary of the Interior to timony from Alfred M. Pollard, General Counsel, install in the area of the World War II Memorial in Federal Housing Finance Agency; Diane Ellis, Direc- the District of Columbia a suitable plaque or an in- tor, Division of Insurance and Research, Federal De- scription with the words that President Franklin D. posit Insurance Corporation; Kurt Regner, Arizona Roosevelt prayed with the United States on D–Day, Department of Insurance Assistant Director, Phoe- June 6, 1944; nix, on behalf of the National Association of Insur- S. 1252, to amend the Wild and Scenic Rivers ance Commissioners; Bart Dzivi, The Dzivi Law Act to designate segments of the Missisquoi River Firm, Sausalito, California; Robert M. Couch, Brad- and the Trout River in the State of Vermont, as ley Arant Boult Cummings, LLP, Birmingham, Ala- components of the National Wild and Scenic Rivers bama, on behalf of the Bipartisan Policy Center System; Housing Commission; and Paul Leonard, The Finan- H.R. 507, to provide for the conveyance of certain cial Services Roundtable Housing Policy Council, land inholdings owned by the United States to the Chevy Chase, Maryland. Pascua Yaqui Tribe of Arizona;

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H.R. 697, to provide for the conveyance of certain John F. Kerry, Secretary of State; Frances W. West, Federal land in Clark County, Nevada, for the envi- IBM Corporation, Cambridge, Massachusetts; C. ronmental remediation and reclamation of the Three Boyden Gray, C. Boyden Gray and Associates, Kids Mine Project Site; Washington, DC.; Jeremy Rabkin, George Mason H.R. 862, to authorize the conveyance of two School of Law, Arlington, Virginia; and Curtis A. small parcels of land within the boundaries of the Bradley, Duke Law School, Durham, North Carolina. Coconino National Forest containing private im- provements that were developed based upon the reli- NORTH AFRICA ance of the landowners in an erroneous survey con- Committee on Foreign Relations: Subcommittee on Near ducted in May 1960; Eastern and South and Central Asian Affairs con- H.R. 876, to authorize the continued use of cer- cluded a hearing to examine the political, economic, tain water diversions located on National Forest Sys- and security situation in North Africa, after receiv- tem land in the Frank Church-River of No Return ing testimony from Richard Schmierer, Acting Prin- Wilderness and the Selway-Bitterroot Wilderness in cipal Deputy Assistant Secretary of State for Near the State of Idaho; and Eastern Affairs; Amanda Dory, Deputy Assistant Sec- H.R. 1033, to authorize the acquisition and pro- retary of Defense for African Affairs; Alina L. tection of nationally significant battlefields and asso- Romanowski, Deputy Assistant Administrator, Bu- ciated sites of the Revolutionary War and the War reau for the Middle East, U.S. Agency for Inter- of 1812 under the American Battlefield Protection national Development; and Frederic Wehrey, Car- Program, with amendments. negie Endowment for International Peace Middle CONVENTION ON THE RIGHTS OF East Program, and Thomas Joscelyn, Foundation for PERSONS WITH DISABILITIES Defense of Democracies, both of Washington, DC. Committee on Foreign Relations: Committee concluded a hearing to examine the Convention on the Rights INTELLIGENCE of Persons with Disabilities, adopted by the United Select Committee on Intelligence: Committee held closed Nations General Assembly on December 13, 2006, hearings on intelligence matters, receiving testimony and signed by the United States of America on June from officials of the intelligence community. 30, 2009 (TD112–7), after receiving testimony from Committee recessed subject to the call. h House of Representatives vide places of rest and recuperation at airports for Chamber Action members of the Armed Forces and their families, and Public Bills and Resolutions Introduced: 48 pub- for other purposes, with an amendment (H. Rept. lic bills, H.R. 3570–3617; 1 private bill, H.R. 113–274); and 3618; and 4 resolutions, H. Con. Res. 67–67; and H.R. 2719, to require the Transportation Security H.Res. 426–427 were introduced. Pages H7352–55 Administration to implement best practices and im- Additional Cosponsors: Pages H7357–58 prove transparency with regard to technology acqui- sition programs, and for other purposes, with an Reports Filed: Reports were filed today as follows: amendment (H. Rept. 113–275). Page H7352 H.R. 1791, to amend the Homeland Security Act of 2002 to codify authority under existing grant Speaker: Read a letter from the Speaker wherein he guidance authorizing use of Urban Area Security Ini- appointed Representative Poe (TX) to act as Speaker tiative and State Homeland Security Grant Program pro tempore for today. Page H7313 funding for enhancing medical preparedness, medical Natural Gas Pipeline Permitting Reform Act: surge capacity, and mass prophylaxis capabilities, The House passed H.R. 1900, to provide for the with an amendment (H. Rept. 113–273); timely consideration of all licenses, permits, and ap- H.R. 1095, to amend title 49, United States provals required under Federal law with respect to Code, to direct the Assistant Secretary of Homeland the siting, construction, expansion, or operation of Security (Transportation Security Administration) to any natural gas pipeline projects, by a recorded vote transfer unclaimed money recovered at airport secu- of 252 ayes to 165 noes, Roll No. 611. rity checkpoints to nonprofit organizations that pro- Pages H7315–32, H7334–35

VerDate Mar 15 2010 04:49 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D21NO3.REC D21NOPT1 tjames on DSK6SPTVN1PROD with DIGEST D1130 CONGRESSIONAL RECORD — DAILY DIGEST November 21, 2013 Rejected the Tierney motion to recommit the bill Schedler, Secretary of State, State of Louisiana, indi- to the Committee on Energy and Commerce with cating that, according to the unofficial returns of the instructions to report the same back to the House Special Election held November 16, 2013, the Hon- forthwith with an amendment, by a yea-and-nay vote orable Vance M. McAllister was elected Representa- of 180 yeas to 233 nays, Roll No. 610. tive to Congress for the Fifth Congressional District, Pages H7332–33 State of Louisiana. Page H7333 Pursuant to the rule, an amendment in the nature Whole Number of the House: The Speaker an- of a substitute consisting of the text of Rules Com- nounced to the House that, in light of the adminis- mittee Print 113–25 shall be considered as an origi- tration of the oath to the gentleman from Louisiana, nal bill for the purpose of amendment under the Mr. McAllister, the whole number of the House is five-minute rule, in lieu of the amendment in the 432. Page H7334 nature of a substitute recommended by the Com- mittee on Energy and Commerce now printed in the Meeting Hour: Agreed that when the House ad- bill. Page H7322 journs today, it adjourn to meet at 10 a.m. tomor- Rejected: row, November 22nd. Page H7335 Tonko amendment (No. 1 printed in H. Rept. Board of Visitors to the United States Merchant 113–272) that sought to require the application for Marine Academy—Appointment: The Chair an- a natural gas pipeline to include information to en- nounced the Speaker’s appointment of the following sure that methane emissions will be minimized be- Member on the part of the House to the Board of fore the application can be considered for approval Visitors to the United States Merchant Marine Acad- (by a recorded vote of 183 ayes to 233 noes, Roll emy: Representative King (NY). Page H7348 No. 605); Pages H7322–23, H7328–29 Castor amendment (No. 2 printed in H. Rept. National Historical Publications and Records 113–272) that sought to strike the provision that re- Commission—Appointment: The Chair announced quires FERC to automatically issue other the Speaker’s appointment of the following Member agencies’s—permits if the deadline is missed (by a on the part of the House to the National Historical recorded vote of 184 ayes to 233 noes, Roll No. Publications and Records Commission: Representa- tive Barr. Page H7348 606); Pages H7323–24, H7329 Speier amendment (No. 3 printed in H. Rept. Quorum Calls—Votes: One yea-and-nay vote and 113–272) that sought to toll the time limits until six recorded votes developed during the proceedings FERC has considered and responded to state or local of today and appear on pages H7328–29, H7329, objections or concerns about the pipeline project (by H7329–30, H7330–31, H7331, H7332–33 and a recorded vote of 183 ayes to 236 noes, Roll No. H7334. There were no quorum calls. 607); Pages H7324–25, H7329–30 Adjournment: The House met at 9 a.m. and ad- Jackson Lee amendment (No. 4 printed in H. journed at 2:43 p.m. Rept. 113–272) that sought to delay the implemen- tation of the bill, if enacted, so long as sequestration is in effect (by a recorded vote of 175 ayes to 243 Committee Meetings noes, Roll No. 608); and Pages H7325–27, H7330–31 Dingell amendment in the nature of a substitute LEGISLATIVE MEASURE (No. 5 printed in H. Rept. 113–272) that sought to Committee on Energy and Commerce: Subcommittee on replace the bill with a requirement that GAO com- Commerce, Manufacturing, and Trade held a hearing plete a study on what, if any, delays are expected by on H.R. 2012, the ‘‘Horseracing Integrity and Safety FERC or other federal, state, or local permitting au- Act of 2013’’. Testimony was heard from public wit- thorities in issuing permits regarding the siting, nesses. construction, expansion, or operation of any natural gas pipeline project (by a recorded vote of 175 ayes OVERSIGHT OF FIRSTNET AND THE to 239 noes, Roll No. 609). Pages H7327–28, H7331 ADVANCEMENT OF PUBLIC SAFETY H. Res. 420, the rule providing for consideration WIRELESS COMMUNICATIONS of the bill, was agreed to yesterday, November 20th. Committee on Energy and Commerce: Subcommittee on Oath of Office—Fifth Congressional District of Communications and Technology held a hearing en- Louisiana: Representative-elect Vance M. McAllister titled ‘‘Oversight of FirstNet and the Advancement presented himself in the well of the House and was of Public Safety Wireless Communications’’. Testi- administered the Oath of Office by the Speaker. Ear- mony was heard from Darryl Ackley, Cabinet Sec- lier, the Clerk of the House transmitted a facsimile retary, New Mexico Department of Information copy of a letter received from the Honorable Tom Technology; Stu Davis, Chief Information Officer,

VerDate Mar 15 2010 04:49 Nov 22, 2013 Jkt 039060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D21NO3.REC D21NOPT1 tjames on DSK6SPTVN1PROD with DIGEST November 21, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D1131 Assistant Director, Ohio Department of Administra- LEGISLATIVE MEASURES tive Services; Sam Ginn, Chairman, First Responder Committee on Natural Resources: Subcommittee on Pub- Network Authority; Dereck Orr, Program Manager, lic Lands and Environmental Regulation held a hear- Public Safety Communications Research, Office of ing on the following measures: H.R. 3286 the ‘‘Pro- Law Enforcement Standards, National Institute of tecting States, Opening National Parks Act’’; H.R. Standards and Technology; David Turetsky, Chief, 3294, the ‘‘State-Run Federal Lands Act’’; H.R. Public Safety and Homeland Security Bureau, Fed- 3311, the ‘‘Providing Access and Retain Continuity eral Communications Commission. Act’’; H.R. 3492, to provide for the use of hand-pro- pelled vessels in Yellowstone National Park, Grand MISCELLANEOUS MEASURES Teton National Park, and the National Elk Refuge, Committee on Financial Services: Full Committee con- and for other purposes; H.R. 915, to authorize the cluded markup on H.R. 2385, the ‘‘CFPB Pay Fair- Peace Corps Commemorative Foundation to establish ness Act of 2013’’; H.R. 2446, the ‘‘Responsible a commemorative work in the District of Columbia Consumer Financial Protection Regulations Act of and its environs, and for other purposes. Testimony 2013’’; H.R. 2571, the ‘‘Consumer Right to Finan- was heard from Representatives Farr; Petri; and Ken- cial Privacy Act of 2013’’; H.R. 3183, to provide nedy; and Bruce Sheaffer, Comptroller, National consumers with a free annual disclosure of informa- Park Service, Department of Interior; Spencer J. Cox, tion the Bureau of Consumer Financial Protection Lieutenant Governor, State of Utah; and public wit- maintains on them; H.R. 3193, the ‘‘Consumer Fi- nesses. nancial Protection Safety and Soundness Improve- ment Act of 2013’’; and H.R. 3519, the ‘‘Bureau of WRONG WAY: THE IMPACT OF FMCSA’S Consumer Financial Protection Accountability and HOURS OF SERVICE REGULATION ON Transparency Act of 2013’’. The following measures SMALL BUSINESSES were ordered reported, as amended: H.R. 2446; and Committee on Small Business: Subcommittee on Con- H.R. 3519. The following measures were ordered re- tracting and Workforce held a hearing entitled ported, without amendment: H.R. 2385; H.R. 3193; ‘‘Wrong Way: The Impact of FMCSA’s Hours of H.R. 3183; and H.R. 2571. Service Regulation on Small Businesses’’. Testimony was heard from Anne Ferro, Administrator, Federal LEGISLATIVE MEASURE Motor Carrier Safety Administration, Department of Committee on Financial Services: Subcommittee on Cap- Transportation; and public witnesses. ital Markets and Government Sponsored Enterprises MISCELLANEOUS MEASURE held a hearing on H.R. 3482, ‘‘Restoring Main Street Investor Protection and Confidence Act’’. Tes- House Permanent Select Committee on Intelligence: Full timony was heard from public witnesses. Committee held a markup on H.R. 3381, the ‘‘Intel- ligence Authorization Act for Fiscal Year 2014’’. The MISCELLANEOUS MEASURE bill was ordered reported, as amended. Committee on Foreign Affairs: Subcommittee on Africa, Global Health, Global Human Rights, and Inter- Joint Meetings national Organizations held a markup on H.R. 1777, No joint committee meetings were held. the ‘‘Increasing American Jobs Through Greater Ex- f ports to Africa Act of 2013’’. The bill was for- COMMITTEE MEETINGS FOR FRIDAY, warded, as amended. NOVEMBER 22, 2013 GLOBAL CHALLENGE OF ALZHEIMER’S: (Committee meetings are open unless otherwise indicated) THE G–8 DEMENTIA SUMMIT AND Senate BEYOND Committee on Banking, Housing, and Urban Affairs: to Committee on Foreign Affairs: Subcommittee on Africa, hold hearings to examine housing finance reform, focus- Global Health, Global Human Rights, and Inter- ing on developing a plan for a smooth transition, 10 national Organizations held a hearing entitled a.m., SD–538. ‘‘Global Challenge of Alzheimer’s: The G–8 Demen- tia Summit and Beyond’’. Testimony was heard from House public witnesses. No hearings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11:15 a.m., Friday, November 22 10 a.m., Friday, November 22

Senate Chamber House Chamber Program for Friday: Senate will meet in a pro forma Program for Friday: The House will meet in pro forma session, unless the Senate receives a message that the session at 10 a.m. House of Representatives has agreed to S. Con. Res. 28, Adjournment Resolution.

Extensions of Remarks, as inserted in this issue

HOUSE Frankel, Lois, Fla., E1729, E1749 Miller, Jeff, Fla., E1725, E1726 Frelinghuysen, Rodney P., N.J., E1736 Moran, James P., Va., E1742 Beatty, Joyce, Ohio, E1733 Garcia, Joe, Fla., E1730, E1732, E1734, E1737, E1740, Neal, Richard E., Mass., E1741 Bentivolio, Kerry L., Mich., E1734 E1744, E1747, E1750, E1751 Paulsen, Erik, Minn., E1732 Blumenauer, Earl, Ore., E1738 Hahn, Janice, Calif., E1741 Petri, Thomas E., Wisc., E1732 Burgess, Michael C., Tex., E1726 Hastings, Alcee L., Fla., E1742 Butterfield, G.K., N.C., E1750 Jackson Lee, Sheila, Tex., E1729 Richmond, Cedric L., La., E1726 Christensen, Donna M., The Virgin Islands, E1742 Kaptur, Marcy, Ohio, E1739, E1750 Schakowsky, Janice D., Ill., E1736 Cicilline, David N., R.I., E1725 Latham, Tom, Iowa, E1727 Schneider, Bradley S., Ill., E1747 Cohen, Steve, Tenn., E1749 Lee, Barbara, Calif., E1725, E1728, E1728 Shuster, Bill, Pa., E1731, E1733, E1734, E1735, E1737, Connolly, Gerald E., Va., E1730, E1734, E1737, E1740, Lipinski, Daniel, Ill., E1727 E1739, E1740 E1743, E1749 McCollum, Betty, Minn., E1737 Smith, Adam, Wash., E1741 Costa, Jim, Calif., E1729, E1733, E1736, E1738 McIntyre, Mike, N.C., E1735 Terry, Lee, Nebr., E1732, E1733, E1736, E1739, E1741 Courtney, Joe, Conn., E1743 McKinley, David B., W.Va., E1739 Van Hollen, Chris, Md., E1728, E1729, E1729 Eshoo, Anna G., Calif., E1727, E1728 Marino, Tom, Pa., E1739 Waxman, Henry A., Calif., E1727 Farr, Sam, Calif., E1750 Meehan, Patrick, Pa., E1747 Wolf, Frank R., Va., E1740, E1745 Forbes, J. Randy, Va., E1725 Michaud, Michael H., Me., E1750

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