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

Vol. 160 WASHINGTON, TUESDAY, JANUARY 28, 2014 No. 16 House of Representatives The House met at 10 a.m. and was pay for abortion services. While I op- more control over when and how they called to order by the Speaker pro tem- pose this restriction, it is important to start their families; let’s support com- pore (Mr. WEBSTER of Florida). emphasize that this statute is already prehensive sex education so that teen- f the law. It was passed in 1976. Yet the agers know how to be safe and prevent legislation we are considering today unintended pregnancies; let’s make DESIGNATION OF SPEAKER PRO would take that restriction even fur- adoption easier for loving families so TEMPORE ther. that no child is left spending his entire The SPEAKER pro tempore laid be- My friends on the other side of the youth as a ward of the State. fore the House the following commu- aisle are no longer content with simply Mr. Speaker, I know that many of us nication from the Speaker: banning Federal funding for abortions. will never agree on the very personal WASHINGTON, DC, Now even private funding for this con- and emotional issue of abortion, but in- January 28, 2014. stitutional right is up for debate. A stead of rehashing the same fights, I hereby appoint the Honorable DANIEL vote in favor of this bill will authorize let’s focus on things we can agree on. WEBSTER to act as Speaker pro tempore on for the first time penalties for private Let’s reconsider the definition of ‘‘pro- this day. insurance companies that offer plans life’’ to include efforts that improve JOHN A. BOEHNER, Speaker of the House of Representatives. that cover abortion services. Let me the quality of life for people in Amer- say that again. This bill will allow the ica. Being pro-life should mean sup- f Federal Government to use tax policy porting programs like Head Start and MORNING-HOUR DEBATE to punish private companies that even school lunches, which help our young The SPEAKER pro tempore. Pursu- offer coverage for abortion as part of people succeed. Being pro-life should ant to the order of the House of Janu- their insurance plans. mean supporting investments in job ary 7, 2014, the Chair will now recog- And the penalties don’t stop at insur- training programs to help people find nize Members from lists submitted by ance companies. This bill also goes well-paying jobs so they can provide the majority and minority leaders for after consumers, penalizing those who for their families. Being pro-life should morning-hour debate. choose insurance plans in the Federal mean supporting a raise in the min- The Chair will alternate recognition exchange that include coverage for imum wage so a single mother who is between the parties, with each party abortion services by removing their working 40 hours a week isn’t living limited to 1 hour and each Member eligibility for income-based subsidies. below the poverty line. Being pro-life other than the majority and minority Mr. Speaker, the hypocrisy is stag- should mean supporting SNAP benefits leaders and the minority whip limited gering. so that working families don’t have to to 5 minutes, but in no event shall de- Every day on the floor, my col- choose between feeding their children bate continue beyond 11:50 a.m. leagues lecture about their mission to and paying their rent. f keep the Federal Government out of The list of things this Congress can the daily lives of the American people, do to support the lives of Americans A WOMAN’S RIGHT TO CHOOSE but apparently those principles don’t whom we represent is endless. It is a The SPEAKER pro tempore. The extend to a doctor’s office or to the shame we waste so much time having Chair recognizes the gentleman from most private and intimate choices a the same old arguments. I am afraid we Illinois (Mr. QUIGLEY) for 5 minutes. woman can make about her own body. have lost sight of what our constitu- Mr. QUIGLEY. Mr. Speaker, as Yogi A woman who makes the choice to end ents sent us here to do. Let’s stop at- Bera once said, ‘‘It’s deja vu all over her pregnancy should not have her mo- tacking women’s health, and instead again.’’ tives questioned. It is a choice no one let’s focus on making investments in How many times can we have the wants to make, but the unfortunate re- our future that will help Americans re- same argument? ality is that many people have to. If alize their full potential and live the Forty-one years ago, the Supreme my colleagues are looking to end abor- American Dream. Court affirmed a woman’s constitu- tion, let’s take actions that will actu- f tional right to choose. Yet, four dec- ally reduce the number of abortions in- ades later, this Chamber will vote yet stead of making policies that embar- A QUIET LEGACY OF CONVICTION again to rob women of their right to rass and demonize women. The SPEAKER pro tempore. The control their own bodies. Here are a few suggestions: Chair recognizes the gentleman from Today, the Hyde amendment pro- Let’s invest in family planning pro- South Carolina (Mr. GOWDY) for 5 min- hibits the use of taxpayer dollars to grams that help men and women have utes.

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 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1434 CONGRESSIONAL RECORD — HOUSE January 28, 2014 Mr. GOWDY. Mr. Speaker, one of the name of his pharmacy. He left on his December, and he discussed the issue most enjoyable parts of our job is pharmacy the name of the man who at length in his past two State of the speaking to children at schools, and owned it before him. Union addresses. I expect him to return you get some tough and interesting He had the quality that best defined to the theme tonight and in the coming questions. A couple of months ago, a the Lord Jesus that he believed in, months of the 113th Congress as we pre- precious child at a school in upstate which is humility. He didn’t want to pare to go to the polls in November. South Carolina asked me who was the talk about himself; he wanted to talk There is a broadly held, national con- most famous person I had ever met. about you. He didn’t want to tell you sensus that an overly high concentra- That is a very good question, I told the his opinion; he wanted to ask you your tion of wealth spawns a host of eco- child. I have met President Bush; I opinion. He didn’t want to talk about nomic social and political ills, but that have met President Obama; I have met his illness; he wanted to talk about agreement has not fostered a concerted JOHN LEWIS; I have met PAUL RYAN; I your illness. He didn’t want to talk strategy on expanding opportunity and have met Bono, the lead singer of U2; I about how life had dealt him an closing the wealth gap. America has al- have met McGruff, the Crime Dog—I unplayable hand of cards; he wanted to ways rewarded hard work, and the pos- have even met TIM SCOTT—but I told talk about grace and hope and things sibility for a better life has been part the child the most famous person I had that last beyond our lifetime. of the attraction for generations of im- ever met was his teacher, and we all In conclusion, Bruce was humble, and migrants and others struggling to smiled and laughed. he believed it was more important to climb the economic ladder; but eco- But it did get me thinking, Mr. live a sermon than to preach one. nomic mobility, as a recent study from Speaker, that we are surrounded by So I want to thank you, Bruce, for Harvard and Cal demonstrates, varies fame. We fly into an airport named for setting an example of average, ordi- greatly within the United States, and Reagan. We work in a town named for nary people building this country, and while economic mobility has not Washington. We pass monuments to the next time a child asks me who the changed significantly over time, it is Jefferson and Lincoln and Dr. King. most famous person is I have met, I consistently less prevalent in the The buildings we work in are named for will tell him it is you. United States than in most developed famous people, and within those build- f countries. We should never seek to ings are statues and portraits of still punish success or to, as some describe more famous people. We are surrounded THE STATE OF OUR ECONOMIC UNION it, soak the rich, but we must take by fame, Mr. Speaker, and it is easy to steps to address the problem of growing forget that, while those people made The SPEAKER pro tempore. The Chair recognizes the gentleman from inequality both in the short term and contributions to our country, the coun- in the long term. try was built, is being built, and will California (Mr. SCHIFF) for 5 minutes. continue to be built by average, ordi- Mr. SCHIFF. Mr. Speaker, this I believe there are three things that nary women and men who lead quiet evening, from the dais behind me, Congress and the President can do to lives of conviction and courage—aver- President Obama will deliver his an- give Americans and the middle class age folks doing above average things, nual State of the Union message; and and those who aspire to join it the ordinary folks doing extraordinary while there are hopeful signs and a chance to move up: things. That is the essence of who we brightening of the economic outlook First, we need to extend emergency are as a people, and while there may for the country as a whole, the Presi- unemployment assistance for those not be a monument or a portrait dedi- dent will almost certainly concentrate who are still looking for work and who cated to those ordinary men and on the battles ahead. cannot find a job on their own. The women, there is something even better, Even as America struggles to shake weekly litany of those who are losing and it is called a legacy. So, in honor of off the effects of the worst downturn benefits is disheartening, and we must those women and men, Mr. Speaker, since the Great Depression, our econ- not turn our backs on our fellow Amer- who lead quiet lives of conviction, I omy and our society are being chal- icans; want to honor a man who was just like lenged by a yawning inequality gap Second, we need to raise the min- them. that affects tens of millions of Amer- imum wage nationwide, and it is Bruce Cash was a pharmacist in my ican families and threatens to erode shameful that it has been 5 years since hometown of Spartanburg. He was bur- the underpinnings of our social con- the last increase. In fact, according to ied last week—way too soon, in my tract. one study, the minimum wage today is Last fall, economists Emmanuel Saez opinion, but such are the ways of the actually worth $2 less than in 1968. and Thomas Piketty released an anal- Lord. He was a pharmacist, so we saw Raising the minimum wage to just over ysis of 2012 tax returns, and they found him when we were sick, and more im- $10, as I support, would push millions that the top 10 percent of American portantly, we saw him when our chil- of hardworking Americans out of pov- earners took more than half of the dren were sick. He was compassionate, erty and stimulate economic activity country’s total income in 2012—the and he was kind, and he acted like you throughout the country; were the only person he was taking highest level ever recorded. The top 1 care of that day. He was active in his percent received more than 20 percent These two steps can be part of a church, doing everything from driving of the income earned by Americans, a short-term solution that stops the a bus on choir tour, to being chairman level not seen since 1928, the year be- bleeding, but real change requires giv- of the Board of Deacons, to taking his fore the stock market crash and the be- ing American workers the education vacation time to chaperone other peo- ginning of the Great Depression. Top and training to compete domestically ple’s children while they went and sang earners have also recovered more and internationally for the high- to prisoners in prisons. quickly over the last 3 years as their skilled, high-wage jobs that are the He was a devoted father and husband. wages and investments have recouped ticket to the middle class and beyond. He and his wife, Kitty, had six children value at a much brisker clip than those Investing in education and building and scores of grandchildren; and when of the rest of Americans. schools and curricula for the 21st cen- you walked into his pharmacy, Mr. Inequality has also been a persistent tury is a long-term project, but it is Speaker, you didn’t see his business li- political theme here and around the the one that has the greatest potential cense, and you didn’t see his pharmacy world, and it helped to launch the Oc- in terms of economic growth and in- license—you saw a picture of his chil- cupy Wall Street movement. Last year, creased opportunity while preserving dren. He wanted to quietly signal to Pope Francis spoke out against what the spirit of free enterprise and entre- you that that was the most important he termed an ‘‘economy of exclusion’’ preneurship that built this country. thing in his life. while New York City’s new mayor, Bill Mr. Speaker, tonight the President I would tell you, Mr. Speaker, to look de Blasio, won the election by high- will challenge us to join him in an ef- up Bruce Cash on the Internet, but you lighting inequality there. President fort to reinvigorate the American are not going to find much. In fact, he Obama, himself, made expanding op- Dream for another generation. Let us never even bothered to change the portunity a major theme in a speech in join him in that sacred task.

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1435 THE DARRELL GWYNN providing each with a power wheel- The President has signed an execu- FOUNDATION chair. tive order, which I congratulate him The SPEAKER pro tempore. The I encourage all members of our south on, understanding that you cannot live Chair recognizes the gentlewoman from Florida community to attend the Dar- on less than $10 an hour. It needs to be Florida (Ms. ROS-LEHTINEN) for 5 min- rell Gwynn Foundation event on Fri- more. That is investing in the Amer- utes. day, May 9, at Casa Larios Restaurant ican way. That is generating the jobs Ms. ROS-LEHTINEN. Mr. Speaker, I in Miami. so that individuals can then spend rise today to recognize the Darrell Congratulations, Darrell and Angel. their dollars and then more jobs are Gwynn Foundation, a national organi- May you continue to help so many af- created. zation that for almost 12 years has flicted individuals. So tonight I don’t want there to be a made its mission ‘‘to provide support f retrenching. I don’t want us to be over- whelmed with this myth of debt and for people with paralysis and prevent OPTIMISM spinal cord injuries.’’ deficit so much so that we cannot in- On Friday, May 9, this important The SPEAKER pro tempore. The vest in the education of our children foundation will be holding an event in Chair recognizes the gentlewoman from and we can’t fix the horrible situation my congressional district to assist in Texas (Ms. JACKSON LEE) for 5 minutes. of individuals not having access to Ms. JACKSON LEE. Mr. Speaker, I providing power wheelchairs to chil- higher education. rise today to speak of the optimism of dren and young adults with spinal cord Who in their right mind would con- this Nation and of her people. Frankly, injuries. tinue to allow those who are chron- Darrell Gwynn, son of former NHRA we do live in the greatest Nation in the ically unemployed and need unemploy- drag racing world champion Jerry world. Sometimes we are questioned ment insurance to suffer, as they are Gwynn, seemed destined to replicate when we say that, but I say it proudly doing? Who would allow four out of five his father’s achievements when his life and with a spirit of humbleness. I know beneficiaries who have at least one took a tragic turn at the young age of that because on faraway shores and adult that they are taking care of, chil- 28. While participating at a demonstra- lands there are men and women who dren that they are taking care of, or tion race in England, Darrell’s car wear the uniform proudly. multiple adults, who would allow 50 This morning, in our own House of broke apart, then veered into a retain- percent of those who have a college Representatives, we held a reception ing wall at 240 miles an hour. education and 36 percent who have a for participants of the Wounded War- high school education and are not able b 1015 riors program. These individuals are in to get jobs, and not extend the unem- He sustained life-threatening inju- a number of Members’ offices. Many of ployment benefits on an emergency ries, but faith and determination al- us look forward to that opportunity, basis? Who would allow the over 9 in 10 lowed Darrell to survive this ordeal. and they continue to serve. that live in households with a total in- In response to his new circumstances, So I know as President Obama rises come under $75,000 that need this ex- Darrell was motivated to help others tonight to speak to the Nation, he will tension of unemployment benefits so who face similar challenges, and he have a sense of optimism, which I will they can pay their rent or mortgage, founded the Darrell Gywnn Founda- enjoy and support. He will note, how- who would allow such a crisis? tion. The Foundation’s cornerstone, ever, that as we are optimistic, we We are doing it right here, and we the Wheelchair Donation Program, pro- must provide that optimism and eco- should be optimistic. vides the gift of mobility and independ- nomic opportunity for all of our broth- I have introduced legislation to ex- ence to those living with paralysis. ers and sisters, citizens and persons, in tend unemployment for a whole year. Darrell’s spirit and relentless efforts the United States of America. It is an emergency. Then I introduced to offer support to people living with It is well known that we have made H.R. 3888, which indicates that those paralysis have earned him the respect great strides. We no longer have the who are on unemployment benefits can and adulation of his colleagues. My horrific mortgage collapse, though we get training to redirect their career good friend for many years—decades, are still working with homeowners. We with a stipend—their unemployment actually—Angel Pardo, president of don’t have the debacle on Wall Street benefits do not cease—so that they can Spinal Cord Living-Assistance Develop- because, as Democrats, we worked hard come back to what they want—the ment, said the following: to fix that problem, as Wall Street con- very stories that I listened to as I went Mr. Gwynn is passionate about his work, tinues to thrive. Of course, we have to career recovery and resources fairs. and works hard to help others. Despite being taken ourselves out of the doldrums of Mr. Speaker, tonight, I will be opti- quadriplegic and a partial arm amputee, he a deep depression—or recession—in 2008 mistic. I will be optimistic for Maggie, often works 7 days a week. and 2009 with a powerful stimulus a 25-year-old Army veteran who has to Thank you, Angel. package which today, in Houston, get food stamps. She makes $10 an Mr. Speaker, the work that Darrell Texas, has seen the retrofit of the hour, 6 days a week, in order to save Gwynn and Angel Pardo do every day Mickey Leland Federal Building. With for paramedic training. She is the very on behalf of individuals afflicted by $90 million, they put people to work example of someone that we can pro- this condition is very important. There fixing a building where citizens come vide that training for so she can invest are an estimated 12,000 new cases of for services. in the community, even though she spinal cord injury and paralysis each That is the American way of invest- tried nursing but did not have the year. Over 36 percent are a result of car ing, and not handouts, as has been de- money to finish. Or, maybe I can speak accidents. scribed by my colleagues on the other of Ms. Aguilar, who lives in my State I know from the many personal sto- side of the aisle. When are we going to of Texas, which refuses to expand Med- ries from my constituents and friends recognize that the investment in icaid under the Affordable Care Act. just how devastating these injuries can human resources is really the answer? Where is the optimism, Mr. Speaker? be. The toll is often not exclusively Thank you, Mr. President, for under- So tonight, Mr. President, you do physical. The emotional and financial standing that. what is necessary for the optimism of tolls can be substantial, both on the Theodore Roosevelt said: this Nation. It is the greatest Nation in victims and their families. The man of great wealth owes a peculiar the world. We will stand with you as The provision of a power wheelchair obligation to the State, because he derives you invest in human resources, create can return confidence, freedom, and special advantage from the mere existence of jobs, provide unemployment extension, independence to a victim. This life- government. and raise the minimum wage to cure changing piece of equipment, however, That is true. Wealth inequality must wealth inequality. comes at the considerable cost of ap- be fixed, and it must be fixed now. In f proximately $25,000 a chair, and that is the U.S., income inequality has been where the Darrell Gwynn Foundation rising steadily over the past four dec- CATHOLIC SCHOOLS WEEK comes in. They are committed to im- ades, reaching levels not seen since the The SPEAKER pro tempore. The proving the victims’ quality of life by late 1920s. Chair recognizes the gentleman from

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1436 CONGRESSIONAL RECORD — HOUSE January 28, 2014 Pennsylvania (Mr. FITZPATRICK) for 5 heroes responded to a two-story apart- cent nation she can be, linking East minutes. ment building fire where people were and West, North and South. Her poten- Mr. FITZPATRICK. Mr. Speaker, I reported inside. Toledo Mayor Michael tial is unlimited. rise in recognition of an important Collins said it best: Ukraine’s people, who have suffered week for my community, but also for The average person would run in the oppo- so much, not just currently, but over our Nation as a whole. site direction than they do, but that is their the last century, are owed their most This is the 40th annual Catholic profession. deserved day in the sun. History’s Schools Week, and it is a time to rec- As we all go about our busy lives clock is ticking. May God be with ognize the importance of parochial every day, we often fail to recognize them. education on the fabric of our commu- that we likely owe our way of life to f nity and our country. This year’s someone else because of their sacrifice. b 1030 theme truly encapsulates the critical Firefighters, police officers, and other mission of Catholic schools: Commu- emergency and law enforcement per- MASSACHUSETTS SNAP RECIPI- nities of Faith, Knowledge, and Serv- sonnel put their lives on the line for us ENTS WILL BE HARMED BY ice. These are important things to every single day. We should all take a FARM BILL HEAT AND EAT CUTS teach our children. moment every now and then to say The SPEAKER pro tempore. The Yesterday, I was happy to be able to thank you to these extraordinary citi- Chair recognizes the gentleman from stop by St. Mark’s School in historic zens. Massachusetts (Mr. MCGOVERN) for 5 Bristol, Bucks County, and meet with Our hearts go out to the families who minutes. schoolchildren there. St. Mark’s School Mr. MCGOVERN. Mr. Speaker, to- has been providing a top-rate education lost such brave and generous loved morrow we will be voting on a 950-page- for Bucks County families for over 125 ones. May they be comforted with the plus bill that no one has read. This is a years, and, like all Catholic schools, knowledge that Stephen and James bill, the farm bill, which was first made their connection to their community is died in a noble profession founded to available to us late last evening. deep and vital. protect and serve our people and our Parents are involved at the school. Republic. They accomplished their To make matters even worse, Mr. They were there at the school when I mission for our city. We are forever in- Speaker, we are told that we will only arrived, running a book fair for the debted to them, and are flying flags have 1 hour of debate on this bill, and students. The teachers sacrifice greatly over this Capitol today in their mem- we are not even to have a rule on the for the children, as do the families ory. bill. We are going to have a rule that make sacrifices to send their children CALLING FOR AN END TO VIOLENCE IN UKRAINE incorporates the farm bill with an to St. Mark’s and to other Catholic Ms. KAPTUR. Mr. Speaker, I want to abortion bill. What they have to do schools throughout our country. reference as well this morning the Uni- with one another, I have no idea. As a Catholic school graduate, the versal Declaration of Human Rights, But it is clear what is going on here, husband of a Catholic school teacher, which reads: and that is that the leadership of this House does not want anyone to know and a parent also, I understand how Everyone has the right to freedom of important it is to draw attention to peaceful assembly and association. what is in that bill. One of the things that is in that bill, which I find rep- the academic, the faith development, Sixty-five years after the ratification and the community service excellence rehensible, is an $8.6 billion cut in the of this most important document, po- SNAP program. performed year-round in Catholic lice in Ukraine continue to brutally schools. The SNAP program exists to make fend off protesters and journalists, who sure that people in this country do not Mr. Speaker, there are few things have been demonstrating for over 2 more important to a parent than the go hungry. On November 1, last Novem- months in the bitter cold for their ber 1, a cut of $11 billion went into ef- success of our children in and out of human rights and democratic free- the classroom. One of the most impor- fect. The recovery moneys ran out. doms. We know there have been count- Congress did not renew them, so every- tant decisions a parent makes is the less injuries, and now, sadly, there school that will educate their children. body on SNAP, all 47 million people, have been five deaths. received a cut. National Catholic Schools Week is a Kiev, a beautiful and historic city, time to recognize the importance of Food prices didn’t go down. The econ- now resembles a war zone, covered with omy hasn’t gotten much better, but school choice for families looking to ash and burning fires. The situation in increase access to opportunity and the their food benefit went down. And their Ukraine grows more dire everyday, and benefit is, on average, about $1.40 a American Dream for future genera- we in Congress have the responsibility tions, and also to say thank you to the meal per day. So those who think that to stand with Ukraine’s freedom this is some sort of generous benefit parishes and schools that serve our marchers. children this week and every week. have no idea what they are talking I call on our fellow Members to sup- about. f port the passage of H. Res. 447, which So we cut their benefit; and they are HONORING FALLEN TOLEDO supports the democratic aspirations of now ending up spending more time at FIREFIGHTERS the people of Ukraine and calls for con- food banks and food pantries, looking The SPEAKER pro tempore. The demnation of the regime’s undemo- for ways to put food on their table so Chair recognizes the gentlewoman from cratic practices. We implore President that their kids don’t go hungry; and we Ohio (Ms. KAPTUR) for 5 minutes. Yanukovych and the opposition leaders bring a farm bill to the floor that cuts Ms. KAPTUR. Mr. Speaker, tonight, to advance the cause of freedom for all that program by another $8.6 billion. the President will deliver his State of the people of Ukraine. Now, supporters of the farm bill say, the Union address to the Nation. Our Last evening, Ukraine’s parliament well, really it could have been a lot Nation is great because of the patriot- rightly repealed its early passage of worse. You should just be happy it is ism, strength, and self-sacrifice of our the anti-free assembly laws, and its $8.6 billion. You should declare victory. people. prime minister resigned. These are Well, those people who are going to In that spirit, Mr. Speaker, I rise hopeful signs to calm the unrest. be adversely impacted by that $8.6 bil- today to give honor to two fallen To- As we gather this evening to learn lion cut don’t feel a lot of victory. ledo firefighters, Stephen Machcinski about the state of our own Union, let Yes, it is targeted. It is targeted at and James Dickman. us not forget the state of our trusted those individuals who are on this so- Mr. Machcinski is survived by his allies around the world. I ask President called ‘‘Heat and Eat’’ program. These parents, sister, and brother. Mr. Obama to please draw attention to the are poor people who get a little bump Dickman is survived by his wife, 3- economic and political crisis in up in their benefit to put food on their year-old daughter, 1-month-old son, Ukraine here tonight. table, mostly elderly people, mostly and parents. No more blood should be shed in disabled people. Our thoughts and prayers are with Ukraine. The world community looks So we are going to go tell them that the families of these brave men. These to Ukraine to live up to the magnifi- they are going to get significantly less

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1437 a month in a food benefit, but the good NATIONAL SCHOOL CHOICE WEEK and promoting school choice; yet their news for them is there will be some The SPEAKER pro tempore. The bill removed the school choice mecha- that won’t be adversely impacted. They Chair recognizes the gentleman from nisms that were already in current law. should take some satisfaction in that. California (Mr. GEORGE MILLER) for 5 And their bill failed to require that We talk about numbers all the time. minutes. schools in districts improve when they We talk about statistics. Let me read Mr. GEORGE MILLER of California. are failing to effectively educate stu- to you a couple of real life examples. Mr. Speaker, for the past 40 years, my dents. William, an elderly man from Salem, work in this House has been guided by With the Republicans’ Elementary Massachusetts, currently receives $181 my firm belief that every child, regard- and Secondary Education bill, along a month in SNAP. He lives in senior less of his or her ZIP code, deserves ac- with sequestration, the majority housing, where heat and utilities are cess to a quality education that will turned its back on the Nation’s most included, but the rent exceeds 35 per- prepare them for future success; and vulnerable students. They took money cent of his $802 a month supplemental every parent deserves to know that away from America’s poorest schools, Social Security income. their child’s school is helping their son and they took money away from Amer- His SNAP benefit of $181 a month is or daughter achieve his or her full po- ica’s poorest students. The very people that the majority’s based on the Heat and Eat option. He tential. incurs other health-related expenses That is why, under No Child Left Be- school choice media opportunity pre- not covered by Medicaid, but he has hind, we demanded the accountability tends to support are the same ones that had significant difficulty producing the include transparency on school per- are hurt by the majority’s actual votes detailed verification required by the formance. We share the collective re- in this Chamber. Not a media conversa- tion, not the posturing to appear to State. sponsibility, at all levels of govern- soften the image, but the actual votes His current SNAP would be signifi- ment, to make good on the promise of taken in this Chamber harm the very cantly reduced by more than $80 a high-quality education for all students. children that they now say they want month if he lost this Heat and Eat op- Unfortunately, we all know that not to support with this media opportunity tion. every school is living up to that prom- Pamela, a severely disabled woman to soften their image. ise. It was the Democratic Elementary from Northborough, Massachusetts, When any school fails its students, it and Secondary Education bill that held currently receives $115 a month as is our responsibility, not only to give schools accountable for improvement SNAP benefits. She gets $1,007 in those students a high-quality public and demanded that children be afforded monthly Social Security disability school option, but to also improve the benefits. In addition to other medical new education opportunities when low-performing schools. It is simple: no stuck in a failing school. conditions, she is a diabetic and re- child should be stuck in a failing quires a special diet to meet her daily School choice should not be an empty school. promise. It should not be a political nutritional needs. This week is National School Choice While she lives in public housing, she tag line that frees my colleagues from Week. Many of my colleagues on the taking responsibility for our Nation’s must pay for her own appliances and other side of the aisle and their strate- maintenance fees, including her air education system. gists have embraced the so-called Mr. Speaker, if you want meaningful conditioning unit, essential to her ‘‘school choice’’ as a part of their re- health. She does not have a car, but school choice, you must demand branding effort to appear more caring. schools be held accountable for equi- uses her limited income for private Politico reported just last week that transportation to medical appoint- tably serving all students, and you the Republican strategists have been must provide the support that the ments, grocery shopping and pharmacy counseling the Republicans that talk- trips, as she is not near any public schools need to provide that quality ing about helping poor minority chil- education. transportation. dren softens the Republican image. Without that accountability for With the loss of the Heat and Eat Talking about it, not doing something school quality, what choices would par- SNAP option, her SNAP benefit will be about it. ents really have when their schools are reduced by $100 a month, so from $115 Conservative advocacy groups have failing? to the minimum of $15 a month, signifi- declared in planning documents that it An option between two low-per- cantly impacting her ability to main- is an excellent media opportunity to forming schools? Not a good option. tain her special diet. focus on kids and the future. It is a An option between low-performing Let me say to my colleagues here, media opportunity to focus on chil- neighborhood schools and figuring out the cut that went into effect last No- dren, not to do something about it. how to get your child across town to a vember will cost the average family of This new effort even has a warm and different school, providing the trans- three about $30 a month in benefits. fuzzy name, the Growth and Oppor- portation, and still hold down the job, Those who will be impacted by the cuts tunity Project. This is political pos- that is not a fair option. of this Heat and Eat program will lose turing at its worst, and it does nothing What we know, Mr. Speaker, is that an additional $80 to $90 a month. So to provide actual choice for our Na- if you ask parents all across America, their reduction in their monthly ben- tion’s students. they will tell you that their first efit for food should be between $120 and The cornerstone of true school choice choice in school choice is to have a $130 a month. is the principle that every child has the neighborhood school that is high-per- Where are they going to find the right to attend a great school. Not only forming; have a neighborhood school food? should the students have high-quality that meets the demands of that family Who is going to make up the dif- options, but we need to demand that and those children to get a first-class ference? low-performing schools improve, and education; not to drive across town; My colleagues on the Republican side support that improvement. not to spend time putting their kids in say, well, they can go beg to the Without quality schools to pick from, transit or putting their kids in harm’s States; the States ought to do more; or families face an empty choice. Yet that way trying to walk to that better if the States say no, go to the churches is all the Republican majority has of- school. or the synagogues or the mosques. fered Americans so far. Fix the neighborhood schools; and if Maybe they will do more. Neither school choice nor quality of you don’t, then provide that child the The bottom line is, if any of my col- schools was on their agenda when they alternative to go to another school, as leagues took the time to go back to voted for the Republican rewrite of the we did in current law, not as we do in their districts and visit their food Elementary and Secondary Education the media release. banks, they would realize they are at Act. That bill abandoned our responsi- I challenge my colleagues on the capacity. Food banks can’t give out bility to ensure that every child has other side of the aisle to go beyond the any more. access to a high-quality education. It rhetoric and posturing and sit down So I would urge my colleagues, vote undercut Federal support for schools. with me and others to make real, sus- against this farm bill. Do not make The majority leader pledged that Re- tainable improvements in public edu- hunger worse in America. publicans remain vigilant in protecting cation for all students.

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1438 CONGRESSIONAL RECORD — HOUSE January 28, 2014 Poor and minority kids are not a mall in Columbia, Maryland, and 16; Ricardo Herrera, 17; and Alexander media opportunity. These are real chil- opened fire, killing two people before Lagunas, 18. dren who deserve an equal shot at a taking his own life. Prior to the mall Mr. Speaker, I stand here in honor of bright future. shooting, we saw six school shootings their memories, asking my colleagues f take place nationwide in just 10 days. to get serious about gun reform and to Countless other Americans are ter- pass legislation to help them stem the HONORING THE LIFE OF MRS. rorized each day on streets that have ADELFA CALLEJO tide of shootings in this country. I become shooting galleries where kids hope one day never to have to add an- The SPEAKER pro tempore. The aren’t safe to walk to school or go to other name to that list. Chair recognizes the gentlewoman from the corner store or sit on their front Texas (Ms. EDDIE BERNICE JOHNSON) for porches. And yet we do nothing. f 5 minutes. Time and time again, despite the Ms. EDDIE BERNICE JOHNSON of headlines and the bloodshed and the RECOGNIZING BART OFFICER Texas. Mr. Speaker, I rise today to pleas from the parents of the victims TOMMY SMITH honor the life of Mrs. Adelfa Callejo, a to act, Congress has failed to pass com- well-respected civil rights leader and monsense gun reforms that would save The SPEAKER pro tempore. The attorney in Texas. thousands of American lives, including Chair recognizes the gentleman from Mrs. Callejo was 90 years old when background checks, which are sup- California (Mr. SWALWELL) for 5 min- she passed last week. She developed ported by 90 percent of Americans. utes. into her role as an advocate for justice b 1045 Mr. SWALWELL of California. Mr. at an early age. As the oldest daughter Speaker, there is no person more wor- of a father who did not speak English, Somehow, in the years between Col- thy of respect and tribute than he or Mrs. Callejo often had to serve as an umbine and Newtown, we have devel- she who lays down their own life while intermediary in the defense of her fam- oped a collective indifference to the working to protect others. Today it is ily against intimidation from Federal killings. After each shooting, we are in with great sadness that I wish to honor immigration agents or unfair treat- disbelief; but then we shrug and move Bay Area Rapid Transit Sergeant ment in schools targeted at Mexican on, dismissing the mass shootings as Thomas Smith, whose end of watch American immigrants. isolated incidents and ignoring the ev- came too early when he was tragically As the first Hispanic woman to grad- eryday shootings altogether. killed on January 21 of this year. Sadly, a callus has formed where our uate from law school at Southern Sergeant Smith, known as Tommy to Methodist University, her background compassion should be. Or is it that the gun lobby’s agenda has taken the place his family and friends, is from a law and education have not gone unno- enforcement family that knows all too ticed. Mrs. Callejo emerged as a promi- of our country’s conscience? I am at a loss because I truly do not well the daily risks of wearing a badge nent civil rights attorney in Texas, and serving the community as a police battling questionable city council re- understand how we can continue to ig- nore the public health epidemic that is officer. Sergeant Smith’s wife, Kellie, districting in the late 1980s, and also works as a police officer, as do his staunchly opposing illegal immigration gun violence in America. What will it take? How many more must die? How two brothers, Ed and Pat, and also his policies in Farmers Branch, among brother-in-law Todd. So aware were other prominent legal battles, that many parents must weep before we do the right thing? Sergeant Smith and his family of the have helped to shape our State. personal danger they faced in their jobs Mrs. Callejo was known best for her Make no mistake, gun violence is that they had a rule of what they forceful advocacy and fiery person- robbing us of a generation. It is a slow- would say to each other whenever they ality. She overcame tremendous adver- motion plague that is killing our kids would leave each other’s company: sity as a female and as a Hispanic, al- one day at a time. Never say good-bye. You only tell each though nothing would deter her from In the Chicagoland area, gun violence other, ‘‘Be safe.’’ becoming a powerful financial and so- has claimed some of our best and our cial force in Texas. brightest, like 15-year-old Hadiya Pen- But Sergeant Smith is not a hero be- She once said: Only through edu- dleton, who was shot and killed a year cause of how he died; he is a hero be- cation will we make the world a better ago this week while standing in a park cause of how he lived. On the job, Ser- place than we found it. She lived true with friends. You may remember, she geant Smith worked honorably every to these words and worked with the was killed a week after performing for day—not just the day that we lost Dallas Independent School District to President Obama’s inauguration. him—to protect our community. ensure a better education was offered She was certainly one of my dis- Sergeant Smith cared most about his to a more diverse range of students; trict’s shining stars. But she was, by family, and nothing else was even a and for that, she was honored by a far, not the only one. There were many close second, as his own lieutenant de- school being named for her in the Dal- Hadiyas, young people with promise scribed earlier last week. Sergeant las Independent School District. and potential who were felled by gun Smith took every opportunity to spend Mr. Speaker, Mrs. Callejo was an in- violence. They had family and friends time with whom he called his ‘‘girls’’— spirational character who offered her who loved them, communities who his wife, Kellie, and their 6-year-old talent and her resources to those who mourned them, and they are: daughter, Summer. were less fortunate. While she had an Eva Casara, 17; Tyrone Lawson, 17; May we always remember Sergeant incredible presence in Dallas, her rep- Maurice Knowles, 16; Darnell Williams, Smith and how he lived so honorably utation as ‘‘the Godmother’’ extended 17; Abdullah Trull, 16; Leonard Ander- for us. And may Sergeant Smith now far beyond the city limits. son, 17; Jaleel Pearson, 18; Malcolm watch over us from above, as he always While her passing comes as a great Whitney, 16; Fearro Denard, 18; Tyshon did on Earth, to make sure that all of loss to many, we may continue to look Anderson, 18; Tyrone Hart, 18; Ashaya us can be safe. to her life for an inspiration. I am Miller, 15; Equiel Velasquez, 17; Chris- proud to call her my friend and sup- topher Lattin, Jr., 15; Rey Donantas, f porter. 14; Victor Vegas, 15; Tyrone Lawson, 17; Mr. Speaker, we have lost a warrior. Antonio Fenner, 16; Frances Colon, 18; RECESS f Jorge Valdez-Benitez, 18; Oscar Marquez, 17; Jonyla Watkins, 6 months; The SPEAKER pro tempore. Pursu- GUN VIOLENCE Arrell Monegan, 16; Victor Damian, 15; ant to clause 12(a) of rule I, the Chair The SPEAKER pro tempore. The Clifton Barney, 17; Miguel Delaluz, 17; declares the House in recess until noon Chair recognizes the gentlewoman from Leetema Daniels, 17; Fearro Denard, 18; today. Illinois (Ms. KELLY) for 5 minutes. Patrick Sykes, 15; Dionte Maxwell, 18; Accordingly (at 10 o’clock and 50 Ms. KELLY of Illinois. Mr. Speaker, Miguel Villegas, 15; April McDaniel, 18; minutes a.m.), the House stood in re- on Saturday, a gunman walked into a Fernando Mondragon, 18; Kevin Rivera, cess.

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1439 b 1200 H. Con. Res. 75. Concurrent resolution pro- introduce the Women’s Health Protec- viding for a joint session of Congress to re- tion Act. My bill would put a stop to AFTER RECESS ceive a message from the President. the unprecedented attack on abortion The recess having expired, the House The message also announced that the we have seen at the State level over was called to order by the Speaker at Senate has passed a bill of the fol- the last few years. It would ensure that noon. lowing title in which the concurrence every woman has access to the medical f of the House is requested: care she is entitled to. S. 1901. An act to authorize the President Decisions about pregnancies are PRAYER to extend the term of the nuclear energy deeply personal and difficult, and they The Chaplain, the Reverend Patrick agreement with the Republic of Korea until belong to the woman and the doctor J. Conroy, offered the following prayer: March 19, 2016. she trusts, period. Loving God, we give You thanks for f f giving us another day. ANNOUNCEMENT BY THE SPEAKER The people’s House prepares to wel- The SPEAKER. The Chair will enter- THE STATE OF OUR NATION’S come the President of the United tain up to 15 requests for 1-minute FOREIGN POLICY States this day, as well as the other speeches on each side of the aisle. governmental, judicial, and military (Mr. HOLDING asked and was given leadership of our Nation. The world f permission to address the House for 1 minute and to revise and extend his re- watches as America’s great experiment THIS IS AMERICA, NOT BURGER marks.) in civilian self-government is in high KING relief. Mr. HOLDING. Madam Speaker, (Mr. POE of Texas asked and was May all who populate these hallways when the President delivers his State given permission to address the House this day be possessed of goodwill and a of the Union address tonight, it will be for 1 minute.) shared commitment to guarantee the important to note what he won’t say Mr. POE of Texas. Mr. Speaker, the freedoms and responsibilities inspired about the state of our Nation’s foreign State of the Union is tonight, but the by the soaring rhetoric and subsequent policy. This is because, on President President has already said that he actions of our American ancestors. Obama’s watch, America has been no- would ignore Congress if he doesn’t May all that is said and done in this tably absent from the world stage. have his way. He is going to rule by Chamber today redound to the benefit His foreign policy has taken America pen and phone: the pen to write down of our Nation and glory of Your holy away from a role of global leadership laws and executive orders, bypassing name. to a shuffled retreat. Madam Speaker, Congress; the phone to call lower-level Amen. successful foreign policy is defined by operatives I suppose, like the EPA, the your friends trusting you and your en- f IRS, NSA, and impose new rules and, emies fearing you. Chances are the THE JOURNAL thus, again, bypassing Congress. President will only touch momentarily Mr. Speaker, nowhere in the Con- on the Iranian nuclear deal tonight and The SPEAKER. The Chair has exam- stitution is the phrase ‘‘executive for good reason. It has gathered strong ined the Journal of the last day’s pro- order.’’ It is not in this Constitution. bipartisan opposition, and the regime ceedings and announces to the House This is not an imperial kingdom where in Tehran has flaunted the deal as a his approval thereof. the ruler makes his own rules as he legitimization of their shadowy nuclear Pursuant to clause 1, rule I, the Jour- goes along. program. nal stands approved. We all learned in ninth-grade civics Madam Speaker, those who seek free- Mr. HOLDING. Mr. Speaker, pursu- that Congress makes the law, and the dom and democracy look now more ant to clause 1, rule I, I demand a vote President can approve or disapprove it. than ever to America for leadership. on agreeing to the Speaker’s approval It is in the Constitution. Chances are you won’t hear much of the Journal. Rather than rule by pen and phone, about that from the President tonight. The SPEAKER. The question is on the President should be bound by the the Speaker’s approval of the Journal. law and rule by the Constitution and f The question was taken; and the by his oath, but the Constitution seems Speaker announced that the ayes ap- to be a mere suggestion to this admin- ROBERT MOSES PARKWAY peared to have it. istration. FUNDING Mr. HOLDING. Mr. Speaker, on that Madam Speaker, this is America; it (Mr. HIGGINS asked and was given I demand the yeas and nays. is not Burger King. The President can- permission to address the House for 1 The yeas and nays were ordered. not always have it his way. minute.) The SPEAKER. Pursuant to clause 8, And that’s just the way it is. Mr. HIGGINS. Madam Speaker, today rule XX, further proceedings on this f the New York Power Authority took an question will be postponed. important step toward righting a his- THE SO-CALLED NO TAXPAYER f toric wrong by providing funding to re- FUNDING FOR ABORTION ACT move the Robert Moses Parkway in Ni- PLEDGE OF ALLEGIANCE (Ms. CHU asked and was given per- agara Falls. Niagara Falls is a national The SPEAKER. Will the gentleman mission to address the House for 1 treasure, drawing millions of visitors from New York (Mr. HIGGINS) come for- minute.) each year. ward and lead the House in the Pledge Ms. CHU. Madam Speaker, H.R. 7, the However, with the construction of of Allegiance. so-called No Taxpayer Funding for the Robert Moses Parkway in the 1960s, Mr. HIGGINS led the Pledge of Alle- Abortion Act, is as deceitful as it is the New York Power Authority created giance as follows: dangerous. We already ensure that tax both economic and physical barriers to I pledge allegiance to the Flag of the dollars don’t fund abortions and have Niagara Falls in arguably the greatest United States of America, and to the Repub- ever since the Hyde Amendment was waterfront in the world. lic for which it stands, one nation under God, introduced in 1976. For Niagara Falls, it is not about indivisible, with liberty and justice for all. This new effort is an attempt to cre- tearing something down; it is about f ate restrictions far beyond the scope of building something up. Removal of the current law, interfering with how parkway is a critical step in giving this MESSAGE FROM THE SENATE women use their own private dollars, city the waterfront it deserves and A message from the Senate by Ms. on their own private insurance, for unleashing the limitless economic po- Curtis, one of its clerks, announced health coverage. tential that comes with it. that the Senate has agreed to without This is just the latest Republican as- The New York Power Authority did amendment a concurrent resolution of sault in their ongoing war on women. the right thing, and the future of Niag- the House of the following title: It is why I felt it was so important to ara Falls will be better because of it.

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1440 CONGRESSIONAL RECORD — HOUSE January 28, 2014 STATE OF THE UNION PREVIEW It is important to note that America NATIONAL SCHOOL CHOICE WEEK (Mr. WILSON of South Carolina is great, as we watch our soldiers in (Mr. DUNCAN of South Carolina asked and was given permission to ad- foreign lands wearing the uniform with asked and was given permission to ad- dress the House for 1 minute and to re- pride. dress the House for 1 minute and to re- vise and extend his remarks.) We must invest in the American peo- vise and extend his remarks.) Mr. WILSON of South Carolina. ple. Food stamps, which are now given Mr. DUNCAN of South Carolina. Madam Speaker, this evening, I am mostly to working Americans, are an Madam Speaker, let me begin by re- glad to hear the President will deliver investment, and the President can be minding the House that the gentleman the State of the Union address focused optimistic and work for all of America. that spoke before me on this side of the on optimism. f aisle, Mr. SAM JOHNSON from Texas, is Optimism requires he changes his a real American hero, and let us not disastrous policies destroying jobs, as NO TAXPAYER FUNDS FOR forget that. revealed by the record number of food ABORTION This week is recognized as National stamp recipients. Each higher food (Mr. SAM JOHNSON of Texas asked School Choice Week, a week dedicated stamp report uncovers job destruction. and was given permission to address to bringing awareness to a very simple Governor Scott Walker of Wisconsin the House for 1 minute and to revise idea: let’s put parents in charge of has proven jobs are created by citizens and extend his remarks.) their children’s education. keeping their own money. It is not the Mr. SAM JOHNSON of Texas. Madam School choice means giving every government’s money. Dangerous defi- Speaker, last week, amid frigid tem- child the opportunity to learn at the cits are unsustainable. peratures, hundreds of thousands of place that best meets their needs, not The President needs to repeal and re- Americans marched in our Nation’s one they are relegated to because of place the ObamaCare train wreck Capital in support of the unborn and where they may live or what district which destroys jobs. He should uncover the value of life. Today, it is our turn. they are assigned to. the tragedy of the Benghazi murders It is our turn to stand for life by sup- For decades now, where our children and promote peace through strength to porting H.R. 7, the No Taxpayer Fund- learn has been decided by arbitrary prevent further attacks. Reducing the ing for Abortion Act. This bill would government rules that could never un- military threatens American families ban the use of taxpayer dollars to fund derstand the needs of each individual with expanded terrorist safe havens. abortions once and for all. The last child or family. When kids fail to make The IRS targeting of citizens should thing pro-life taxpayers should be re- the grade, the solution has been to really be investigated. The NSA should quired to do is subsidize unethical throw more money and government be restricted and not spy on all Ameri- practices. It is their money, and you regulation into the mix, but the end re- cans. The Department of Justice and better believe I will fight for them to sults cannot be clearer. FBI eavesdropping on media should be have a say in how it is spent. This top-down, government-knows- stopped, with reprimands for malfea- Enough is enough. best system has failed to serve the very sance. Madam Speaker, today, this isn’t people it seeks to help, and support The President can restore optimism just what Republicans want. According from parents and teachers for initia- if he and his advisers change course. to multiple polls, the majority of tives like Common Core continues to Americans have seen the overreach of Americans oppose the use of Federal crumble. Big Government. Now we should work funding for abortions. This is what the Be it a charter school, private school, together for limited government and American people want, and it is time home school, or local public school, the expanded freedom. folks in Washington listened. Remem- fact of the matter is parents know In conclusion, God bless our troops, ber, we work for them. what works best for their child, not and we will never forget September the Let’s stand for life. It is the right and Washington. We owe it to our children 11th in the global war on terrorism. just thing to do. to help them reach their full potential. f f I strongly believe that every child, regardless of background or school dis- WORKING FOR ALL OF AMERICA UKRAINE trict, should have the opportunity to (Ms. JACKSON LEE asked and was (Mr. QUIGLEY asked and was given learn at the school that best meets given permission to address the House permission to address the House for 1 their needs. Let’s work together for a for 1 minute.) minute.) brighter future for our children. Ms. JACKSON LEE. Madam Speaker, Mr. QUIGLEY. Madam Speaker, f the President is going to address this today, Ukraine faces a pivotal moment b 1215 House and this country with great en- in its history. The Ukrainian people thusiasm about the work that he has are making their demand for freedom EVERYONE WHO WORKS HARD done with his Cabinet, Democratic and economic growth loud and clear, AND PLAYS BY THE RULES DE- Members of Congress, and others who protesting President Yanukovych’s re- SERVES A CHANCE AT SUCCESS have worked with him to make Amer- fusal to sign accords with the European (Mrs. DAVIS of California asked and ica better. Union. Ukrainian police forces have was given permission to address the He will able to report that 3 million met protesters with intimidation, and House for 1 minute.) Americans have enrolled in the Afford- the escalating violence has resulted in Mrs. DAVIS of California. Madam able Care Act, giving suffering Ameri- the death of protesters. The use of ex- Speaker, tonight, the President will cans with preexisting conditions the cessive force to silence peaceful voices address a key American principle, that opportunity for good health care. He undermines the country’s democratic everyone who works hard and plays by will able to acknowledge that people future. the rules deserves a chance at success. like Mrs. Aguilar would be better off if The United States and Ukraine share We certainly expect our kids to work States like Texas would have expanded an ideal of democracy in which citizens hard in school and play by the rules in the Medicare coverage. Her children may live free of oppression and may hopes that they will have strong fu- are covered, but she is not. We are elect their own leaders. When those tures that include a shot at the Amer- committed to working to make sure leaders break their promises, it is even ican Dream. that that happens. more important that citizens can free- No matter what side of the aisle we He will be able to say that he stands ly express their discontent. are on, we can all agree that what we on the side of extending the unemploy- We all must closely watch the nego- want is the best for our kids and, in ment for working Americans—those tiations between the current adminis- some cases, our grandkids. But what who have worked and now are unem- tration and the opposition. The United kind of future are we giving them if ployed, and yes, he will be able to say States should continue to stand with they have to start behind kids in other that it is important that we invest in the Ukrainian people in their desire for countries where access to pre-K is the infrastructure. economic growth and a free republic. widespread?

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1441 Kids who are part of a quality pre-K the Hyde amendment permanent, the mortgage, it is putting food on the program are more likely to graduate which will cause detrimental and dev- table for the children of the people in high school, to earn higher pay, and astating effects to all women, espe- those homes. live more productive lives. cially low-income women. That is not a messaging bill. That is In looking for common ground, we We must stand by women and vote the work that we were sent here to do. should learn from the recent spending ‘‘no’’ on H.R. 7. f deal which showed bipartisan support f GROWING CONCERNS ABOUT THE for boosting early education. Let’s not THE CONGRESSIONAL SCHOOL AFFORDABLE CARE ACT let tonight be a wasted opportunity to CHOICE CAUCUS give our kids the strong start that they (Mr. THOMPSON of Pennsylvania desire. (Mr. MESSER asked and was given asked and was given permission to ad- f permission to address the House for 1 dress the House for 1 minute and to re- minute and to revise and extend his re- vise and extend his remarks.) FEDERAL REGULATION marks.) Mr. THOMPSON of Pennsylvania. (Mr. MULLIN asked and was given Mr. MESSER. Madam Speaker, no Madam Speaker, when we needed bi- permission to address the House for 1 child in America should be forced to go partisan action to lower costs and im- minute and to revise and extend his re- to a school where they won’t have a prove health care, Congress passed the marks.) meaningful chance to learn. That is Affordable Care Act on a party-line Mr. MULLIN. Madam Speaker, I why school choice matters. vote. would like to call attention to recent School choice is about the freedom of Given the growing number of failures remarks made by Department of the parents to choose the best educational that have been revealed since the law’s Interior Secretary Sally Jewell. Re- environment for their child to succeed. implementation began, it is time for garding document requests submitted For some, that means open enrollment. Congress to work together to address by the Natural Resources Committee, For others, that means a public charter the unworkable provisions for the good the Secretary gave excuses as to why it school. Some may prefer a magnet of the American people. was inconvenient for her agency to school or a private school or even a vir- Fortunately, opposition to the ACA’s comply with these requests and allow tual school. Others may want to home flawed policy is moving beyond party Congress to fulfill its duty in providing school their children. labels. Last year, the Democratic-led oversight to Federal agencies. Whatever the choice, National Senate voted 79–20 to repeal the law’s I serve on the Natural Resources School Choice Week is about cele- medical device tax. Since then, more Committee, and the document requests brating those choices and recognizing and more Members of Congress recog- submitted concerned Federal regula- that applying market-based principles nize there are bigger problems. tions burdening this Nation. The Sec- and technology to education can en- Earlier in January, despite the retary noted that going through these hance student achievement and lead to Obama administration’s vocal opposi- documents was a waste of time and better results. tion to the efforts to boost consumer money for her agency. That is why I am creating the Con- protections under the law, a veto-proof Yet Congress is charged with keeping gressional School Choice Caucus, which majority of Republicans and Demo- an agency like the Department of the will be dedicated to expanding edu- crats in the House voted to pass H.R. Interior accountable because we are cational freedom and promoting poli- 3811, which would help secure personal all, in turn, held accountable to the cies that increase high-quality edu- information on the online exchanges. American taxpayer. We want answers cation options for all children. Madam Speaker, the American peo- to these regulation questions. I urge my colleagues to join us and ple deserve bipartisan solutions. A battle is being waged in our coun- empower parents with a choice so their f try between an increasingly over- kids have a chance for success. NO TAXPAYER FUNDS FOR bearing government and an increas- f ABORTION ACT ingly burdened country of entre- AN UNPRECEDENTED ASSAULT ON preneurs. The struggle between regula- (Ms. LEE of California asked and was WOMEN’S HEALTH CARE tion and innovation has tied the hands given permission to address the House of many job creators. (Mr. KILDEE asked and was given for 1 minute.) The Federal Government must stop permission to address the House for 1 Ms. LEE of California. Madam putting people out of business through minute.) Speaker, here we go again. Instead of regulation and help get our country Mr. KILDEE. Madam Speaker, today, working with President Obama and back to work. this House will consider H.R. 7, which Democrats to create jobs, economic op- f is an unprecedented assault on wom- portunities, and fight poverty, extreme en’s health care. Tea Party Republicans are at it again, NO TAXPAYER FUNDS FOR This law would mean that millions of attacking women’s health care and re- ABORTION ACT American women who would like to productive rights. Yes, it is another (Mr. LOWENTHAL asked and was purchase their health insurance with battle in the war on women. given permission to address the House their own money cannot purchase com- Instead of working together to ex- for 1 minute and to revise and extend prehensive health insurance, insurance tend unemployment benefits, here we his remarks.) which is their legal right because this are today debating another dangerous Mr. LOWENTHAL. Madam Speaker, House of Representatives and, Madam and divisive attempt to strip away the instead of talking about jobs, or the Speaker, I would note, a House of Rep- rights of women. economy, or the unemployed who have resentatives, particularly on the ma- Madam Speaker, Congress currently lost their benefits because of our inac- jority side, that is dominated by men, imposes unfair limitations on insur- tion, we are here talking about legisla- tell them they cannot do so. ance coverage of abortion and, through tion that strips women of their funda- What is even more cynical, however, the Hyde amendment, that is a fact, mental right to make their own med- is that those who are promoting this even though I personally think we ical decisions. and have said this know that it will not should get rid of all these restrictions. If H.R. 7 passes, millions of women become law. It is a messaging bill. Yet this bill, H.R. 7, creates an un- who work for small businesses, or who It is intended to send a message to precedented interference in the lives of will be buying insurance on the ex- whom? women and their families by restrict- changes, will lose access to comprehen- And just what is that message? ing coverage for women’s health in pri- sive health care. So while we are debating that, the vate insurance plans. H.R. 7 is a radical bill that places re- House is not taking up unemployment It specifically attacks low-income strictions on how women can spend insurance extension, which is not a women in the District of Columbia by their private dollars to purchase their messaging bill. It is heat in the home, permanently, mind you, permanently private insurance. It would also make it is keeping the lights on, it is paying prohibiting the District from spending

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1442 CONGRESSIONAL RECORD — HOUSE January 28, 2014 its purely local funds on abortions for RECOGNIZING THE SERVICE OF Mr. HUELSKAMP. Tonight, Presi- low-income women. DAVIE COUNTY DEPUTY SHER- dent Obama will give another speech How many of you would want the IFF CHRISTOPHER FLEMING on the state of the American Union, Federal Government to restrict your (Ms. FOXX asked and was given per- and here are a few facts you likely funding in your local districts for any mission to address the House for 1 won’t hear him report to the American health care benefits for women? minute.) people. After 1,834 days as President, It codifies the harmful Helms amend- Ms. FOXX. Madam Speaker, today I here are the results: ment. Enough is enough. rise to recognize Davie County Deputy 6.5 million more Americans in pov- Sheriff Christopher Fleming, injured erty; $6.6 trillion in massive new debt f last week while attempting to appre- on our children and grandchildren; 13 million more Americans on food NO TAXPAYER FUNDING FOR hend a violent suspected home invader. stamps; 5 million Americans and ABORTION ACT When deputies initially attempted to arrest the suspect, he fled to a nearby counting have lost their health insur- (Ms. ROS-LEHTINEN asked and was home and held two juveniles hostage at ance because of ObamaCare; and 24.2 given permission to address the House gunpoint for over an hour. After the million Americans are still looking for for 1 minute and to revise and extend hostages were released, Deputy Flem- a full-time job in the Obama economy. her remarks.) ing, along with three other members of Mr. President, I can only hope that Ms. ROS-LEHTINEN. Madam Speak- the sheriff’s office, entered the home in you will recognize and that you hon- er, I would like to thank Messrs. SMITH order to apprehend the suspect. estly will admit and that tonight you and LIPINSKI for introducing H.R. 7, the The suspect opened fire, hitting Dep- will apologize for the damage your No Taxpayer Funding for Abortion Act, uty Fleming in the shoulder. Deputy policies have inflicted on our Nation, a crucial bill that will help us save so Fleming’s canine partner, Gorky, a on the American people, and on the many innocent lives. As pro-life Mem- Russian shepherd and 5-year veteran of American Dream. bers of Congress, we have a commit- the force, was also shot in the incident f ment to fight on behalf of those who and died last Thursday. WOMEN SHOULD MAKE THEIR OWN have no voice and to take the nec- Madam Speaker, I am happy to re- HEALTH CARE DECISIONS essary steps to advance legislation on port the suspect is in custody, and Dep- the floor. uty Fleming is in good condition and (Mr. BARBER asked and was given The vast majority of Americans do expected to make a full recovery. permission to address the House for 1 not want their tax dollars to be used to This incident is a reminder of the minute.) pay for abortions. This bill would es- risks taken by those who work to keep Mr. BARBER. Madam Speaker, as tablish a permanent prohibition on our communities safe. We must not the husband of an incredible woman taxpayer subsidies for abortions. take their sacrifices for granted. who has guided and advised me for 46 For many years, the Hyde amend- f years and the father of two strong and ment and other Federal prohibitions on accomplished young women and the public funding for abortion have been PROTECTING ACCESS TO grandfather of three granddaughters, I enacted as appropriation riders, but REPRODUCTIVE HEALTH CARE stand with all women today. they are not permanent. We need to get (Ms. KUSTER asked and was given I stand in support of every woman’s rid of this patchwork approach and permission to address the House for 1 right to be able to choose what is best enact H.R. 7 to ensure that Federal minute.) for her and her family. And I stand funds are not used to pay for abortions. Ms. KUSTER. Madam Speaker, ready to protect and preserve the abil- I will continue to work with like- today, the House will, once again, vote ity of every woman to make her own minded Members of Congress to pro- to restrict access to our reproductive health care decisions with her doctor mote H.R. 7 and all pro-life legislation health care. H.R. 7 would callously and without the interference of politi- because I understand that we have a re- deny coverage to comprehensive health cians in Washington. And I stand in op- sponsibility to protect the innocent un- care for millions of women across position to H.R. 7, which would restrict born. America. the rights of women and their access to When women are denied the freedom care. f to make their own personal health care I urge my colleagues, every one, to decisions, their economic opportunities stand with me. ASSAULT ON WOMEN’S HEALTH are diminished as well. Instead of deny- f CARE ing tax credits to women and small (Ms. FRANKEL of Florida asked and businesses seeking affordable health A WOMAN’S RIGHT TO CHOOSE was given permission to address the coverage, Congress needs to work to- (Ms. TITUS asked and was given per- House for 1 minute and to revise and gether to empower women and increase mission to address the House for 1 extend her remarks.) opportunity. minute and to revise and extend her re- Ms. FRANKEL of Florida. Madam We should start by passing the Pay- marks.) Speaker, I found her. Forty years ago I check Fairness Act so every woman de- Ms. TITUS. Like those who have spo- found my friend, Flora, bleeding, near serves and receives equal pay for equal ken so eloquently before me, I stand in death. She was a victim of an illegal work. This week marks the fifth anni- strong opposition to H.R. 7. This legis- abortion, forced to turn to a back-alley versary of the Lilly Ledbetter Fair Pay lation would drastically undermine a practitioner. She survived, but many Act being signed into law. Enactment woman’s constitutional right to choose like her did not. of this law was a landmark achieve- and could effectively eliminate access Today, my Republican colleagues ment in the fight against gender dis- to safe, legal reproductive care for low- are, once again, trying to take us back crimination, but there is so much work income women across the country. It to those days with a new, radical bill to do. would also hurt our small businesses to deny our mothers, our daughters, Madam Speaker, Congress needs to by raising taxes on those who offer our sisters the right to obtain a safe get to work for women, not against their employees comprehensive health and legal abortion. women. insurance. I have a better idea. Madam Speaker, f Republicans have repeatedly dem- let’s pass the Women’s Health Protec- b 1230 onstrated a lack of understanding tion Act that will allow all women, no about basic women’s health care, and matter where they live in this country, OBAMA ADMINISTRATION this bill is just one more example of access to the tools and information STATISTICS their continuing attack on women’s that they need to make their own pri- (Mr. HUELSKAMP asked and was rights. vate health care decisions. given permission to address the House H.R. 7 is a step backward. It is noth- Madam Speaker, we cannot—we will for 1 minute and to revise and extend ing more than a distraction from the not—go back. his remarks.) critical work we should be doing to

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1443 pass immigration reform, strengthen casualties of this multifaceted assault of the Committee on the Judiciary, the chair our economy, and create jobs. We ap- on a woman’s right to choose and re- and ranking minority member of the Com- parently have no time to vote on un- productive rights. mittee on Ways and Means, and the chair employment benefits for our neighbors and ranking minority member of the Com- f mittee on Energy and Commerce; and (2) one but plenty of time to take away a 40TH ANNUAL NATIONAL motion to recommit with or without instruc- woman’s right to choose. tions. CATHOLIC SCHOOLS WEEK I urge my colleagues to vote ‘‘no’’ on SEC. 2. Upon adoption of this resolution it this harmful and unconstitutional leg- (Mr. LIPINSKI asked and was given shall be in order to consider the conference islation. permission to address the House for 1 report to accompany the bill (H.R. 2642) to provide for the reform and continuation of f minute and to revise and extend his re- marks.) agricultural and other programs of the De- UNEMPLOYMENT partment of Agriculture through fiscal year Mr. LIPINSKI. Madam Speaker, as a (Ms. HANABUSA asked and was 2018, and for other purposes. All points of proud graduate of St. Symphorosa order against the conference report and given permission to address the House Grammar School and St. Ignatius Col- against its consideration are waived. The for 1 minute.) lege Prep, and as a strong supporter of conference report shall be considered as Ms. HANABUSA. Madam Speaker, Catholic education, I rise today to rec- read. The previous question shall be consid- many who are unemployed through no ognize the outstanding contributions ered as ordered on the conference report to fault of their own remember December Catholic schools have made to our Na- its adoption without intervening motion ex- 28. That was when the unemployment tion. cept: (1) one hour of debate; and (2) one mo- tion to recommit if applicable. insurance was not extended and Con- Next week is the 40th annual Na- gress failed them. 1.3 million Ameri- tional Catholic Schools Week, and I POINT OF ORDER cans were without any support as of have introduced H. Res. 461, along with Mr. MCGOVERN. Madam Speaker, I that day. In 6 months, that number the gentleman from New Jersey (Mr. raise a point of order against House will grow to 1.9 million—72,000 a week, SMITH), to honor the work done by par- Resolution 465 because the resolution or one person every 8 seconds. ents, teachers, administrators, and pa- violates section 426(a) of the Congres- The real problem that we face is real- rishioners for the more than 2 million sional Budget Act. The resolution—in ly the lack of job opportunities. children at over 6,600 Catholic schools waiving all points of order against con- Madam Speaker, we must bring the in America. This year’s theme, ‘‘Catho- sideration of both H.R. 7, the anti- President’s proposal for job creation to lic Schools: Communities of Faith, abortion bill, and the conference report the floor. Remember, you have to be Knowledge, and Service,’’ highlights on H.R. 2642, the farm bill—waives sec- actively seeking work before you can the values that are the centerpiece of a tion 425 of the Congressional Budget receive unemployment insurance. Do Catholic school education. Act, thereby causing a violation of sec- you see the problem? There are no ef- Later on this week, I will be visiting tion 426(a). forts to create jobs, and there is no bill several schools, including St. Rene in The SPEAKER pro tempore (Mrs. there to protect those who are unem- Chicago, St. Francis Xavier in La BLACK). The gentleman from Massa- ployed through no fault of their own. Grange, the SS. Cyril and Methodius in chusetts makes a point of order that This is the highest long-term unem- Lemont, and St. Catherine’s of Alexan- the resolution violates section 426(a) of ployment this country has seen since dria in Oak Lawn. the Congressional Budget Act of 1974. World War II. People need government Madam Speaker, I ask my colleagues The gentleman has met the threshold to recognize this problem, and we have to join me in honoring Catholic schools burden under the rule, and the gen- failed. We need to go back and know across our Nation for the outstanding tleman from Massachusetts and a why unemployment insurance was cre- education they provide to so many Member opposed each will control 10 ated in the first place. We need to be Americans. minutes of debate on the question of that compassionate country again. consideration. Following debate, the f f Chair will put the question of consider- PROVIDING FOR CONSIDERATION ation as the statutory means of dis- NO TAXPAYER FUNDING OF OF H.R. 7, NO TAXPAYER FUND- posing of the point of order. ABORTION ACT ING FOR ABORTION AND ABOR- The Chair recognizes the gentleman (Mrs. CAROLYN B. MALONEY of TION INSURANCE FULL DISCLO- from Massachusetts. New York asked and was given permis- SURE ACT OF 2014, AND PRO- Mr. MCGOVERN. Madam Speaker, sion to address the House for 1 minute.) VIDING FOR CONSIDERATION OF first of all, let me just say that it is Mrs. CAROLYN B. MALONEY of New CONFERENCE REPORT ON H.R. outrageous, absolutely outrageous, York. Madam Speaker, for years, the 2642, FEDERAL AGRICULTURE RE- that the Republican leadership has other side of the aisle has been trying FORM AND RISK MANAGEMENT combined a major piece of antiabortion to get between a woman and her doc- ACT OF 2013 legislation with the farm bill con- tor. Now they are trying to come be- ference report into one single rule, re- Ms. FOXX. Madam Speaker, by direc- tween a woman and her health insur- stricting our ability to debate both of tion of the Committee on Rules, I call ance company. They want to open a these important issues. up House Resolution 465 and ask for its new front in the war on women, and There is an $8.6 billion cut to SNAP immediate consideration. this one cruelly focuses on poor in this conference report, a cut that The Clerk read the resolution, as fol- women. will only affect poor families, pri- lows: The law of the land is already clear: marily the elderly and the disabled. no Federal funding for abortions. But H. RES. 465 Besides being cruel and heartless, this with H.R. 7, which will be on the floor Resolved, That upon adoption of this reso- cut is also an unfunded mandate. If today, even private insurance plans lution it shall be in order to consider in the States, cities, or towns want to prevent could be restricted from covering abor- House the bill (H.R. 7) to prohibit taxpayer funded abortions. All points of order against hunger from getting worse, they will tion if you get a government subsidy. consideration of the bill are waived. An have to spend more money out of their So if you are a low-income woman who amendment in the nature of a substitute own budgets. needs help affording health care insur- consisting of the text of Rules Committee Now, I know my Republican friends ance, this bill is aimed squarely at you. Print 113-33 shall be considered as adopted. are in a big hurry to go off to their Rather than tackling the real the The bill, as amended, shall be considered as issues retreat at some luxurious resort, problems of economic growth and job read. All points of order against provisions but maybe we could have found an- creation, the other side of the aisle in the bill, as amended, are waived. The pre- other hour somewhere. seems obsessed with curbing a woman’s vious question shall be considered as ordered Madam Speaker, I am honored to on the bill, as amended, and on any further reproductive rights. They may not amendment thereto, to final passage without serve on the Agriculture Committee. I want to call this a war on women, but intervening motion except: (1) one hour of was honored to serve on the conference I would point out to my colleagues debate equally divided among and controlled committee for the farm bill. I want to that women—and only women—are the by the chair and ranking minority member thank Chairman LUCAS and Ranking

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1444 CONGRESSIONAL RECORD — HOUSE January 28, 2014 Member PETERSON and all of my col- help poor people is the price of admis- polar vortex, a virulent winter season, leagues for their hard work. sion to get anything done, any piece of whether or not they will go hungry or I want a farm bill. I want to support major legislation passed, then we have be cold. the farm bill conference. But from the strayed very, very far from our prin- This is a problem all across the land. beginning of this process, I made my ciples. Madam Speaker, again, I want In my Connecticut district, nearly one position very clear that I will not vote to remind my colleagues that this is an in seven households are not sure they for a farm bill that makes hunger unfunded mandate because there will can afford enough food to feed their worse in America. And this farm bill be an increased burden on States, cities families. In Mississippi, 24.5 percent fails that basic test. If this bill passes, and towns to deal with this issue of suffer food hardship. In West Virginia hundreds of thousands of vulnerable hunger. and Kentucky, 22 percent. In Ohio, Americans will have less to eat, period. By the way, Madam Speaker, when nearly 20 percent, and in California, Now, some people will say, well, an $8 people are hungry, when kids are hun- just over 19 percent. billion cut in SNAP is better than what gry, they don’t learn in school. When The continued existence of hunger in the House Republicans wanted to do. people are hungry, they end up going America is a disgrace. That is why in That is a strange argument, Madam to the emergency room more often. the past there has been a strong tradi- Speaker. It is like saying thank good- When children are hungry, when they tion of bipartisanship on fighting hun- ness the burglar only took the silver, get a common cold, they end up stay- ger and supporting nutrition. This because he could have taken the jew- ing in the hospital for a period of time. farm bill flies in the face of that tradi- elry, too. That all costs us a great deal in terms tion. It takes food from the poor to pay The fact of the matter is that any of not only Federal money but State for crop subsidies for the rich. cut to SNAP will be piled on top of the and local money. So, in my opinion, Food stamps have one of the lowest cut that already went into effect last this is an unfunded mandate, and this error rates of any government pro- fall. And any cut to SNAP will result is a burden on the States. gram. It is a powerful and positive im- in more Americans going hungry. And Madam Speaker, how much time do I pact on economic growth because they any cut in SNAP will increase the fi- have remaining? get resources into the hands of families nancial burdens on State and local gov- The SPEAKER pro tempore. The gen- who are going to spend them right ernments. tleman from Massachusetts has 51⁄2 away. The research shows that for There are those, Madam Speaker, minutes remaining. every $5 of Federal food stamp benefits, who claim that the Heat and Eat pro- Mr. MCGOVERN. I yield the remain- it generates nearly twice that in eco- gram is some sort of a loophole. It ing time to the gentlelady from Con- nomic activity. isn’t. It is a policy decision. It is a way necticut (Ms. DELAURO). Children’s Health Watch, those re- for States to help some of our neigh- Ms. DELAURO. Madam Speaker, I searchers found that after collecting 14 bors who are struggling through very thank the gentleman from Massachu- years of data on over 20,000 low-income difficult times. But even if this is a setts, and I thank him for his dedica- families that when families experi- loophole, I ask my friends, of all the tion and his passion on this issue that enced a loss or reduction in food stamp loopholes in Federal law, of all of the people in the United States of America benefits, they are more likely to be special interest giveaways, this is the should not go hungry. food insecure, to be in poor health, and one you are going to target? This is the I rise in support of my colleague’s their children experience intensified one that is in your crosshairs, a pro- point of order. This farm bill contains developmental delays relative to their gram that helps poor people get enough cuts to the food stamp program that peers. food to eat? My goodness. will transfer the responsibility to Most importantly, food stamps are There are those who say that States States and cities to provide food to the right thing to do. It is the job of a and local governments or food banks or their families. May I remind the Mem- good government to help vulnerable food pantries should pick up the slack. bers of this body that food stamps—our families to get back on their feet, and Have any of those people actually ever Nation’s most important anti-hunger cutting food stamps will cause more been to a food bank? Have they ever program—was just cut 2 months ago in hunger and health problems for Ameri- talked to a director of a food pantry? November—in November. cans. In the words of Harry Truman: Because they are already at capacity, Because of the recent expiration of Madam Speaker. They can’t meet the Nothing is more important in our national the Recovery Act provisions, food life than the welfare of our children, and needs of the clients that they already stamps have already been cut by $5 bil- proper nourishment comes first in attaining have. lion for next year and $11 billion is the this welfare. My Republican friends have made cut over 3 years. What does it mean? It This bill—this bill—flies in the face their priorities very clear. They want means that a family of four lost $36—or of that. It will cut $8.5 billion. You cou- to dismantle the social safety net. 16 meals—a month in support. That is ple that with the cuts that have al- They want to get the Federal Govern- already the difference between health ready been made in the economic re- ment out of the business of helping and hunger. covery program, and that is almost $20 people get enough to eat. But I also want to say that I am dis- Now the savage cuts in this farm bill billion in a cut to the food stamp pro- appointed, Madam Speaker, in the peo- would push Americans already living gram. Some of my colleagues will say, 1 ple in my own party, here in the Con- on the edge that much closer to the well, we only did 8 ⁄2 billion in the farm gress and in the White House, who are brink. Because of the $8.5 billion in bill. Let me just tell you: it may come going along with this. cuts here, 850,000 households—trans- from two sources, but the constituency Tonight, the President of the United lates into 1.7 million Americans—will is the same. States will stand in this Chamber and lose an average of $90 a month or 66 Who are we as a nation? Where are deliver the State of the Union; and more meals a month. Low-income sen- our values? If we can provide crop sub- when he talks about income inequality iors, working poor with families, indi- sidies for the richest farmers in this and helping people get into the middle viduals with disabilities and veterans Nation and tell them that they can class, all of us Democrats—and I hope would be particularly impacted by make $900,000 a year before they will some Republicans—will stand up and these cruel cuts. not be able to get a subsidy, or 26 indi- cheer. But before that happens, we Perhaps some Members have forgot- viduals who get a premium subsidy for have an opportunity to put our votes ten. That is because we eat well. That crop insurance of at least $1 million a where our cheers are; we have a chance is because we eat well every day. Mem- year—those folks are eating, they are to match our actions with our rhetoric. bers have forgotten hunger is an high on the hog, they got three squares And the way to do that is to vote ‘‘no’’ abomination. We are talking about a day. When we provide $1.40—it is $1.40 on this conference report. men and women experiencing real per meal for food stamp beneficiaries— physical trauma, children who cannot the people at the top end don’t have an b 1245 concentrate in school because all they income cap. They don’t have any asset So I say to my fellow Democrats, if can think about is food, and seniors are test, and that is not true for food cutting SNAP or other programs that forced to decide in what has been a stamp recipients. We prescribe who can

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1445 receive them. There are income limita- addressed to Congress from the mayors This is important. SNAP in and of tions and asset limitations. Who are we of Baton Rouge, Boston, Dallas, the itself is not going to solve the problem as a nation? What are we about? Let’s District of Columbia, Gary, Hartford, of hunger or poverty. The bottom line not take food out of the mouths of fam- Ithaca, Los Angeles, Madison, Mem- is by cutting it the way we are doing, ilies and their children. phis, New York, Providence, Raleigh, we are making things worse for people. Ms. FOXX. Madam Speaker, I claim Sacramento, Salt Lake City, San I stood on the floor today, and I read time in opposition to the point of order Diego, San Francisco, Seattle and Tuc- the descriptions of individuals in Mas- and in favor of consideration of the res- son urging us in both the House and sachusetts who, if this farm bill passes, olution. the Senate to reject these SNAP cuts. will see a significant cut in their ben- The SPEAKER pro tempore. The gen- These mayors have made it very clear efit, and their question to me is, what tlewoman from North Carolina is rec- that it would have an adverse impact do I do? Where do I go? Tell me how to ognized for 10 minutes. on the people that they represent. put food on the table for my kids. Tell Ms. FOXX. Madam Speaker, the They have stressed in this letter the me how I’m going to survive. question before the House is should the importance of SNAP to help people to House now consider H. Res. 465. This be able to put food on the table for We should not be making the lives of point of order, Madam Speaker, is a their children. people who are suffering more miser- dilatory tactic. I will remind the gen- I also would like to reference a state- able. That is not our job. tleman that each bill under this rule ment from the Food Research and Ac- I will also insert for the RECORD the will be separately considered and de- tion Center, otherwise known as FRAC. entire Food Research and Action Cen- batable on the House floor. They are urging us to vote against this ter statement. Madam Speaker, in order to allow conference committee report if these the House to continue its scheduled SNAP cuts remain in the bill. They Madam Speaker, in Massachusetts business for the day, I urge Members to have said that SNAP is essential to the alone there will be 125,000 SNAP house- vote ‘‘yes’’ on the question of consider- nutrition, the health and the well- holds that could suffer up to a $70 to ation of the resolution. being of 47 million Americans each $80 a month cut in SNAP benefit if this I yield back the balance of my time. month, but every participant suffered a farm bill goes through as it is. There is The SPEAKER pro tempore. All time significant cut in benefits beginning no reason in the world that we should for debate has expired. last November 1. be cutting this program. This is not an The question is, Will the House now As the gentlelady from Connecticut ATM machine to pay for big farm sub- consider the resolution? made mention of, on November 1, an sidies. This is not an ATM machine to The question of consideration was de- $11 billion cut in SNAP went into ef- make up for the fraud, the waste and cided in the affirmative. fect. All 47 million beneficiaries re- the abuse in the crop insurance pro- A motion to reconsider was laid on ceived a cut. Food prices didn’t go gram. the table. down, but their benefit went down, and Again, I will repeat to my colleagues, POINT OF ORDER now we are going to pile on. There are tonight we are going to hear the Presi- Mr. MCGOVERN. Madam Speaker, I some who say, well, it doesn’t affect all dent talk about income inequality, and raise a point of order against House 47 million. It is only going to be about my criticism here, it is a bipartisan Resolution 465 under clause 9(c) of rule 1 million or so people that will be ad- criticism. I’m critical of the Repub- XXI because the resolution contains a versely impacted, but those people that licans for the cruel cuts that were pro- waiver of all points of order against will be adversely impacted stand a H.R. 7, the abortion bill, and the con- great deal to lose. The November 1 cut posed in the original farm bill—up to ference report on H.R. 2642, the farm for the average family of three resulted $40 billion—and I’m frustrated that bill. in a $31 a month benefit cut. You add there are people in my own party, in- The SPEAKER pro tempore. The gen- this on top of it, and it is another $80 cluding in this White House, who don’t tleman from Massachusetts makes a to $90. So that family of three will re- believe this is worth a fight. Well, this point of order that the resolution vio- ceive about $120 to $130 less per month. is worth a fight. If this is not worth a lates clause 9(c) of rule XXI. What are they going to do? Even be- fight, I don’t know what the hell we Under clause 9(c) of rule XXI, the fore these cuts went into effect, they are here for. If making sure people in gentleman from Massachusetts (Mr. were going to food banks, they were this country don’t go hungry is not a MCGOVERN) and a Member opposed going to charities looking for help be- priority, then I don’t know what we are each will control 10 minutes of debate cause their benefit was so meager to doing here. on the question of consideration. begin with. What are they supposed to We can explain this away, we can ra- Following that debate, the Chair will do? I think in this House of Represent- tionalize it and justify it. I have heard put the question of consideration as atives, I don’t care what your political all the talking points. My favorite is follows: ‘‘Will the House now consider party or ideology is, it should never, that nobody will actually lose their the resolution?’’ ever, ever be acceptable that anybody benefit. The Chair recognizes the gentleman in this country—the United States of from Massachusetts. America, the richest country in the Mr. MCGOVERN. Madam Speaker, history of the world—should go hungry. b 1300 the conference report on the farm bill The fact that we are moving forward What that neglects to tell you is that was made public at around 7:30 last with the farm bill—a deal that con- your benefit will be cut down to almost night. With nearly 1,000 pages dumped tains this $8.6 billion in cuts—I think is nothing. Yes, they will still get a little on us at the last minute, we know that outrageous. I’m all for a deal. I want a benefit, but it might be $15 a month in- no one has had a chance to read the en- farm bill. I’m willing to swallow a lot stead of $115 a month. I mean, is that tire thing. I’m a conferee, and even I of things in this bill that I don’t like, the best we can do, on both sides of the had an extra few hours to try to digest but the price of doing that should not aisle? This never used to be a partisan this monstrosity of a bill, but who be to increase hunger and poverty in issue. This never used to be a polar- knows what is in this bill? That is why this country, and that is what this bill izing issue, and now all of a sudden it I’m raising this earmarks point of does. has become one. Again, I plea with my order. We talk about deals. Behind these colleagues on both sides of the aisle, As I said earlier, Madam Speaker, deals are real people. They are our let’s come together and get a farm bill one of the things that is most trou- neighbors. They are in every commu- done, but not at this price. bling to me and a number of my col- nity. There is not a congressional dis- leagues, again, is this attack on poor trict in our country that is hunger free. And I urge the White House to stand people and is this attack on SNAP, a These people are everywhere. We have up and fight alongside of us on this. program that does nothing more than an obligation to not turn our backs on They should be taking a greater leader- provide food to people. them. SNAP is one of the most effi- ship role on this. It is not enough to Madam Speaker, I would like to in- ciently run Federal programs with one just talk about income inequality; you clude for the RECORD a letter that was of the lowest error rates. have to fight for it, too.

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1446 CONGRESSIONAL RECORD — HOUSE January 28, 2014 MAYORS OF BATON ROUGE, BOSTON, From: On Behalf of Food Research and Ac- this with regard to the health care bill. DALLAS, DISTRICT OF COLUMBIA, tion Center Some of my colleagues on the other GARY, HARTFORD, ITHACA, LOS Sent: Tuesday, January 28, 2014 side of the aisle kept asking us if we ANGELES, MADISON, MEMPHIS, To: Ellen Teller have read the bill. No one has really NEW YORK, PROVIDENCE, RALEIGH, Subject: FRAC Statement on the Farm Bill SACRAMENTO, SALT LAKE CITY, read this bill. There were four people [From FRAC, Food Research and Action who negotiated this work. There could SAN DIEGO, SAN FRANCISCO, SE- Center, Jan. 28, 2014] ATTLE, AND TUCSON, well be significant earmarks in this ef- SNAP CUTS IN FARM BILL WILL LEAD TO LESS January 27, 2014. fort. FOOD FOR VULNERABLE PEOPLE Hon. DEBBIE STABENOW, Let me point out the reverse Robin Chair, Senate Committee on Agriculture, Nutri- WASHINGTON, DC.—The Farm Bill moving Hood legislation here. It steals food tion and Forestry, Russell Senate Office from conference committee to the floor of the House and Senate will cut SNAP benefits from the poor to help pay for handouts Building, Washington, DC. to wealthy agribusiness. Let me just Hon. FRANK D. LUCAS, to an estimated 850,000 households by an av- Chairman, House Committee on Agriculture, erage of $90/month. The Food Research and give a couple of examples. In violation Longworth House Office Building, Wash- Action Center is encouraging members to of the congressional rule that provi- ington, DC. vote ‘‘No’’ on the bill because of the pain sions passed by both bodies should not Hon. THAD COCHRAN, this provision will cause for so many of the be changed, the conference, four peo- Ranking Member, Senate Committee on Agri- most vulnerable members of our society, ple, more than doubled the annual pri- culture, Nutrition and Forestry, Russell making monthly food allotments fall even mary payments from $50,000 to $125,000, Senate Office Building, Washington, DC. further short of what is needed. SNAP is essential to the nutrition, health or $250,000 a couple. They reopened the Hon. COLIN PETERSON, loophole that was closed in the House Ranking Member, House Committee on Agri- and well-being of 47 million Americans each culture, Longworth House Office Building, month. But every participant suffered a sig- and in the Senate that allows wealthy Washington, DC. nificant cut in benefits beginning last No- farmers to collect far more than the vember 1st. Demand at emergency food pro- nominal payment limit: $50,000. They DEAR CHAIRWOMAN STABENOW, RANKING viders around the country has skyrocketed. raised it to $125,000 for an individual; to MEMBER COCHRAN, CHAIRMAN LUCAS, AND Now the Farm Bill, if passed, will consider- RANKING MEMBER PETERSON: As mayors of a couple, $250,000. House and Senate on ably worsen the already bad situation for a bipartisan basis closed the loophole. major cities across the United States, we nearly a million households. write to express our serious concerns about The SNAP cuts in the conference bill This allows payments to be collected provisions under discussion in the Farm Bill amount to $8.6 billion over 10 years. The bill by multiple people on the farm. What reauthorization conference that could make has modest boosts in nutrition supports in we have today is eight people can col- it much more difficult for millions of Ameri- respects (e.g. for The Emergency Food As- lect a $125,000 payment, leading to a cans to put food on their tables. These provi- sistance Program (TEFAP), for ‘‘double million-dollar subsidy for a farm. sions include billions of dollars in cuts to the bucks’’ farmers’ market programs, for im- Seven of those eight people never have Supplemental Nutrition Assistance Program proved SNAP education and training pro- (SNAP). We urge you to work to remove to put their foot on the farm. It is grams, for Healthy Food Financing). These called padding the payroll. ‘‘Farmers,’’ these cuts to a program that provides essen- are small positive steps but are far from tial food support to low-income families and commensurate to the SNAP damage in the they don’t have to undergo any income individuals across the country. bill. means testing to receive a subsidy. SNAP provides food support for approxi- We appreciate that key conferees and other The Durbin-Coburn amendment in mately 47 million Americans, more than half Senators and House members spoke and the Senate would reduce the level of of whom are children and seniors. As may- acted to reject the far larger harmful cuts Federal premium support for crop in- ors, every day we see the importance of proposed by the House. But FRAC believes surance participants with an adjusted SNAP benefits and how they have helped the $8.6 billion SNAP cut is deeply harmful. gross income of $750,000. The con- millions of Americans to feed their families This cut has been opposed by major news- ference report—four people—deter- during an extended period of economic un- papers, anti-poverty and anti-hunger groups mined that they would make that cap certainty and high unemployment. Although and food banks across the county. It is in- the economy is showing signs of recovery, consistent with polls showing voters—across at $900,000. Again, the wealthiest peo- unemployment rates are still above pre-re- party, age and other demographics—reject ple in the Nation. cession levels and we are still faced with food stamp cuts. It is inconsistent with the Let me tell you about crop insurance. rates above the national average in many President’s proposals to improve, not harm, I don’t know that the American public cities across the country. SNAP benefits. In a bitter irony, the bill knows that the Federal Government, In addition, since every dollar in SNAP goes to the floor almost exactly a year after you, Mr. and Mrs. Taxpayer, you pick benefits generates up to $1.80 in local eco- an expert Institute of Medicine committee up 60 percent of the cost of that crop nomic activity, cuts will also have a nega- found that SNAP benefits are already inad- insurance. That doesn’t include admin- tive impact on our urban economies. equate for most families to purchase an ade- quate, healthy diet; and it comes in the same istrative fees. There are 26 individuals At this critical juncture in our recovery, month that researchers issued a new study today who get at least a million dollars we urge you eliminate changes to the SNAP showing that low-income people have in- in premium subsidy. We can’t find out program that will reduce a support as basic creased hypoglycemia-related hospital ad- who they are. They could be Members as food to so many struggling Americans and missions late in the month because they run of Congress, because they are pro- could undermine our local economies. out of food. The SNAP cuts will be a blow to Sincerely, tected: 26 individuals. We have almost health and nutrition, and to the govern- 50 million people who are on the food Ralph Becker, Mayor, Salt Lake City; ment’s long-term fiscal well-being as well. Karen Freeman-Wilson, Mayor, City of stamp program, 16 million of whom are Gary; Todd Gloria, Interim Mayor, Madam Speaker, I yield 3 minutes to children. And there is no fraud and City of San Diego; Melvin L. ‘‘Kip’’ the gentlewoman from Connecticut abuse in this program, the way there is Holden, Mayor, City of Baton Rouge; (Ms. DELAURO), the balance of my in the crop insurance program; and yet Edwin M. Lee, Mayor, City of San time. we want to take food out of the mouths Francisco; Bill de Blasio, Mayor, City Ms. DELAURO. Madam Speaker, I am of families and children in this Nation. of New York; Eric Garcetti, Mayor, proud once again to join my colleague. It is the wrong thing to do. This bill City of Los Angeles; Vincent Gray, I, too, want a farm bill. In fact, I had Mayor, District of Columbia; Kevin should be rejected. Johnson, Mayor, City of Sacramento; the honor of helping to negotiate the Mr. MCGOVERN. Madam Speaker, I Nancy McFarlane, Mayor, City of Ra- 2008 farm bill, the nutrition portion of yield back the balance of my time. leigh; Ed Murray, Mayor, City of Se- it, where we maintained that historic Ms. FOXX. Madam Speaker, I rise to attle; Mike Rawlings, Mayor, City of coalition between the safety net for ag- claim time in opposition to the point of Dallas; Pedro E. Segarra, Mayor, City riculture and the safety net for nutri- order and in favor of consideration of of Hartford; Angel Taveras, Mayor, tion. the resolution. City of Providence; A C Wharton, Jr., I think it is almost unbelievable that The SPEAKER pro tempore. The gen- Mayor, City of Memphis; Svante L. we got a thousand-page bill, and I just Myrick, Mayor, City of Ithaca; Jona- tlewoman from North Carolina is rec- than Rothschild, Mayor, City of Tuc- want to say to the American public ognized for 10 minutes. son; Paul R. Soglin, Mayor, City of here that they should ask Members of Ms. FOXX. The question before the Madison; Martin J. Walsh, Mayor, City Congress whether or not they have House is, Should the House now con- of Boston. read the bill. We went over and over sider H. Res. 465? This point of order,

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1447 Madam Speaker, is a dilatory tactic. the Federal Agriculture Reform and me the customary 30 minutes, and I None of the provisions contained in the Risk Management Act of 2013, under a yield myself such time as I may con- underlying measures meet the defini- standard conference report rule. sume. I will attach extraneous mate- tion of an earmark under the rule. Madam Speaker, since 1976, the Hyde rial to this part of my speech since we The chairman of the Committee on amendment—which prohibits the Fed- only have 30 minutes on two legislative the Judiciary certified that H.R. 7 con- eral funding of abortions—has been in- matters. tains no congressional earmarks by in- cluded in relevant appropriations bills. Madam Speaker, at a time when mil- cluding the following earmark state- Each year it has been consistently re- lions are struggling to find work, the ment in the report accompanying this newed and supported by congressional majority has decided that their top pri- bill, which was filed on January 23, majorities and Presidents of both par- ority, one of the first 10 bills of the ses- 2014: ties. sion that they number, is to continue In accordance with clause 9 of rule XXI of NARAL, an abortion advocacy group, the decades-long assault on a woman’s the Rules of the House of Representatives, has suggested that prohibiting public constitutionally protected right to H.R. 7 does not contain any congressional funds for abortion reduces abortion choose. earmarks, limited tax benefits, or limited rates by roughly 50 percent. That Before I go any further, let me be tariff benefits as defined in clause 9(e), 9(f) or means that half of the women who clear: this bill is a hoax. Federal tax- 9(g) of rule XXI. would have otherwise had a publicly payer dollars are not spent on abor- The following was included in the funded abortion end up carrying their tion. This has been true for more than Joint Explanatory Statement for the babies to term. three decades. Under the Hyde amend- farm bill: In 1993, the Congressional Budget Of- ment, the use of Federal dollars to pay Pursuant to clause 9 of rule XXI of the fice estimated that the Hyde amend- for abortions is flatly prohibited except Rules of the House of Representatives and ment prevented as many as 675,000 in the case of rape or incest or when rule XLIV of the Standing Rules of the Sen- abortions every single year. This the life of the mother is in danger. ate, neither this conference report nor the means that millions of Americans are Thus, despite what the majority may accompanying joint statement of managers alive today because of the Hyde amend- contains any congressional earmarks, con- claim, H.R. 7 is not a solution to a ment. After 38 years, it is time for this problem but a poorly, thinly veiled at- gressionally directed spending items, limited life-saving amendment to become per- tax benefits, or limited tariff benefits, as de- tempt to chip away at ObamaCare and fined in such rules. manent law. women’s reproductive rights, another When Barack Obama was elected in battle in the war against women. I also remind the gentleman that this 2008, a myriad of long-established laws, Madam Speaker, H.R. 7 is a reflection conference agreement is a bipartisan including the Hyde amendment, cre- of a majority out of touch with the and bicameral measure. Nine of the 10 ated a mostly uniform policy that Fed- American people and struggling to un- Democrat conferees from the Agri- eral programs did not pay for abortion derstand fundamental truths about re- culture Committee have signed the or subsidize health plans that included productive health. And we really mean conference report. The conference re- coverage of abortion, with only narrow struggle. port was made available to all Mem- exceptions. bers and the public yesterday, in full Unfortunately, ObamaCare destroyed This extreme legislation was origi- compliance of the 3-day availability that longstanding policy, bypassing the nally sponsored by a man, originated rule. Hyde amendment restriction and pav- from a subcommittee composed of 13 In order to allow the House to con- ing the way for publicly funded abor- men, and was passed out of the Judici- tinue its scheduled business for the tions. The President’s health care law ary Committee with the votes of 21 Re- day, Madam Speaker, I urge Members authorized massive public subsidies to publican men. This has been the prob- to vote ‘‘yes’’ on the question of con- assist millions of Americans to pur- lem for a long time—men in blue suits sideration of the resolution. chase private health plans that will and red ties determining what women I yield back the balance of my time. cover abortion on demand. In other can and should do when it comes to The SPEAKER pro tempore. All time words, hard-earned taxpayer dollars their own health. for debate has expired. are now being used to pay for elective One such Republican man has de- The question is, Will the House now abortions. This is simply unacceptable. clared that ‘‘wife is to voluntarily sub- consider the resolution? Madam Speaker, H.R. 7 will codify mit’’ to her husband in a book that he The question of consideration was de- the principles of the Hyde amendment recently wrote. Another has declared, cided in the affirmative. on a permanent, government-wide and this is a new one, this is not the A motion to reconsider was laid on basis, which means it will apply long- one from the last election, ‘‘the inci- the table. standing Federal health programs such dents of rape resulting in pregnancy The SPEAKER pro tempore. The gen- as Medicaid, SCHIP, and Federal Em- are very low.’’ In other words, Madam tlewoman from North Carolina is rec- ployees Health Benefits, as well as to Speaker, the men who are making ognized for 1 hour. new programs created by ObamaCare. these decisions simply don’t know Ms. FOXX. Madam Speaker, for the H.R. 7 prohibits the use of Federal what they are talking about. purpose of debate only, I yield the cus- funds for abortions. It does so by pro- Meanwhile, a Republican man on the tomary 30 minutes to the gentlewoman hibiting all Federal funding for abor- Judiciary Committee recently said from New York (Ms. SLAUGHTER) pend- tion; prohibiting Federal subsidies for that today’s legislation is good for re- ing which I yield myself such time as I ACA health care plans that include ducing the unemployment numbers be- may consume. During consideration of coverage for abortion; prohibiting the cause: this resolution, all time yielded is for use of Federal facilities for abortion; Having new children brought into the the purpose of debate only. and prohibiting Federal employees world is not harmful to job creation. It very GENERAL LEAVE from performing abortions. much promotes job creation for care and Ms. FOXX. Madam Speaker, I ask This bill applies to the Federal fund- services and so on that need to be provided unanimous consent that all Members ing of abortions, except in cases of for a lot of people to raise children. have 5 legislative days to revise and ex- rape, incest, or when the life of the Unfortunately, the hypocrisy of that tend their remarks. mother is in danger. This commonsense statement is it comes from a majority The SPEAKER pro tempore. Is there measure, which restores a longstanding that staunchly opposes increasing any objection to the request of the gentle- bipartisan agreement, protects the un- funding for pre-K education or paid woman from North Carolina? born and prevents taxpayers from sick leave for working parents, and the There was no objection. being forced to fund thousands of abor- same majority cutting nutritional ben- Ms. FOXX. House Resolution 465 pro- tions. For these reasons, I urge my col- efits for the working poor under the vides for a closed rule allowing for con- leagues to vote for life by voting in farm bill that we will consider tomor- sideration of H.R. 7, the No Taxpayer favor of this rule and H.R. 7. row. Such a hypocritical and mean- Funding for Abortion Act, and provides I reserve the balance of my time. spirited agenda reminds me of another for separate consideration of the con- Ms. SLAUGHTER. Madam Speaker, I quote from former Congressman Bar- ference report to accompany H.R. 2642, appreciate the gentlewoman yielding ney Frank who once famously said that

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1448 CONGRESSIONAL RECORD — HOUSE January 28, 2014 the anti-choice legislators ‘‘believe ly banned the use of Federal dollars to pay for credit would be a major tax INCREASE on that life begins at conception but ends abortions except in cases of rape or incest or small businesses for simply keeping the same at birth.’’ In other words, once it is when the life of the mother is endangered. In insurance coverage that they already have. born, they don’t want to have anything part, the Hyde Amendment reads, ‘‘None of In short, today’s legislation is an attempt to to do with it. In looking at the major- the funds appropriated in this Act, and none of rewrite our Nation’s laws so that it is finan- ity’s legislative priorities, it is almost the funds in any trust fund to which funds are cially impossible for a woman to access a pri- impossible to disagree. appropriated in this Act, shall be expended for vate health insurance plan that provides abor- Madam Speaker, a new poll shows health benefits coverage that includes cov- tion coverage. And it is yet another attack on that 64 percent of Americans agree erage of abortion.’’ women’s rights from a Majority that seems to that ‘‘decisions on abortion should be Despite the Majority’s claims to the contrary, be struggling to understand the most funda- made by a woman and her doctor.’’ The today’s legislation goes far beyond the defini- mental aspects of an issue important to Amer- government should never have gotten tive language of the Hyde Amendment in an ica’s women. into the business of being between the attempt to restrict a woman’s reproductive Indeed, when it comes to the issue of repro- woman and her doctor, or anyone else health options under private insurance plans ductive rights, one member of the Majority has she wants to consult. Only 24 percent and her ability to spend private dollars on a declared that ‘‘the incidence of rape resulting say ‘‘government has a right and obli- constitutionally protected right to reproductive in pregnancy are very low.’’ Another member gation to pass restrictions on abor- health care. of the Majority has declared that today’s legis- tion.’’ Perhaps that is why the major- At the heart of this legislative attack is the lation is good for reducing unemployment, be- ity is passing H.R. 7 on the same day as extremely broad and vague language included cause ‘‘having new children brought into the the State of the Union, because we in today’s bill that redefines the definition of world is not harmful to job creation. It very know it is not going anywhere. We ‘‘federal funding.’’ Under this legislation, the much promotes job creation for all the care know that the Senate will not take definition of Federal funding would be ex- and services and so on that need to be pro- this up; and if by some strange set of panded to include the benefit of a tax expendi- vided by a lot of people to raise children.’’ events it should pass the Senate, which ture. While this terminology may seem com- Quotes such as these make it clear how it won’t, the President would never plex, its consequences are quite simple. such extreme—and extremely misguided—leg- sign it. If this bill becomes law, a woman pur- islation has made it to the floor today. They chasing health insurance that includes abor- also remind us why it is so important that the b 1315 tion coverage will be denied a premium tax Majority allows an open and transparent legis- But anyway, we bring it up on the credit that helps make coverage affordable in lative process so that such dangerous legisla- same day of the State of the Union, the first place. Facing such a circumstance, tion never sees the light of day. Unfortunately, it is under a closed legislative rushing it through Congress to make she would be financially incentivized to buy a process that variations of this legislation have some kind of point to some people cheaper health insurance plan that does not been introduced and pushed through the somewhere before they leave on a include abortion services. As more women House of Representatives in recent years. Re- weekend retreat and making one rule give up health insurance plans with abortion peatedly, the Majority has written similar legis- to consider two drastically different coverage, health insurance companies will lation and included provisions that attempted bills even though we would have had stop offering such plans. Very quickly, it will to redefine rape. The Majority, who just weeks plenty of time to have had two rules become both prohibitively expensive and dif- ago decried the role of the IRS in Obamacare, here. ficult to purchase abortion coverage in a has even introduced a variation of this legisla- Included under today’s rule is the health insurance plan. tion that empowered the IRS to audit any conference report on the farm bill, a In so doing, this bill takes particular aim at woman who has had an abortion. This in no major piece of legislation that impacts the reproductive rights of poor women. way should be the responsibility of the IRS all aspects of the economy. Surely it Women who are struggling to get by rely al- and any attempt to impose the IRS in a wom- deserves a full and open debate before most exclusively upon insurance premium an’s medical decisions is nothing but an attack its final passage. subsidies to reduce the cost of health care Instead, the majority is proposing on her constitutionally protected rights. while more affluent women can often access Once again, it is under a closed legislative another closed and House rule-breaking additional benefits such as Flexible Spending process—and an abandonment of regular process because we have not had time Accounts to reduce their health care costs. order—that we find ourselves here today con- to read it. This will also be their 100th While insurance premium subsidies are elimi- sidering yet another misguided attempt to re- closed rule since taking control in 2011, nated under today’s bill Flexible Spending Ac- strict women’s rights. and allowing just an hour of general counts are left untouched. In fact, while today’s legislation bears the debate for each bill and 15 minutes ba- We should not be restricting either of these same name, it is not the same bill that was re- sically on the rule on our side of the tax benefits that serve America’s women, but ported out of the Judiciary Committee earlier House. it is particularly immoral for the Majority to be this month. If one wonders at the lack of produc- targeting the most vulnerable women among Instead, it is an original Rules Committee tivity from this Congress, just look at us. print that was first made available less than a the closed and partisan legislative Sadly, targeting the reproductive health care week ago and includes significant legislative process pursued by the majority and of poor women is nothing new for the Repub- changes, such as the addition of text from two you will quickly understand. lican Party. As far back as the 1970’s Henry bills that have never received any committee Madam Speaker, with all of the Hyde infamously stated ‘‘I would certainly like debate, review or mark-up. major issues facing our country, at- to prevent, if I could legally, anybody having Furthermore, the Majority is asking that we tacking women’s health care shows an abortion: a rich woman, a middle class consider this new bill under another closed just how extreme—and extremely out woman, or a poor woman. Unfortunately, the rule. If we do, it will be the 100th closed rule of touch—the Washington Republicans only vehicle available is the [Medicaid] bill,’’ he for a Majority that just concluded the most are because the Republicans at home continued—which as we know only affects closed session in history. don’t feel that way. low-income women and families. Madam Speaker, it comes as little surprise We should be passing legislation to In addition to taking a tax benefit away from that bad legislative process has produced an- create jobs, to grow our economy and those struggling to get by, today’s bill would other bad bill. to level the playing field for working raise taxes on small businesses in another at- Over and over again, the Majority has women, not taking the country back- tempt to make force small businesses to drop shown no interest in opening up the legislative wards with bills that attack women’s insurance coverage. Under this legislation, process and coming to the table to work on rights. small businesses that offer health insurance commonsense legislation with members from I urge my colleagues to vote ‘‘no’’ on plans that include abortion coverage would be the other side of the aisle. My Democratic col- today’s rule and the underlying legisla- ineligible for the Small Business Tax Credit. leagues and I believe that we should be voting tion. Currently, 87 percent of all employer-spon- on bills to create jobs, grow our economy and Madam Speaker, I reserve the bal- sored insurance plans include coverage for level the playing field for working women—but ance of my time. abortion, and the Small Business Tax Credit we will never be able to do so until the Major- Madam Speaker, for more than three dec- can be worth 35–50% of the cost of a small ity allows us to truly participate in the legisla- ades, the so-called Hyde Amendment has flat- business’ premiums. Taking away this tax tive process.

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 9920 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1449 Finally, I would be remiss if I failed to men- is probably far larger because one in consent request to the gentleman from tion the farm bill conference report that is also four women who would have had pro- Michigan, Congressman KILDEE. brought to the floor by this resolution. Having cured an abortion don’t go through (Mr. KILDEE asked and was given only received the 900-plus page bill last night with it if public funding isn’t available. permission to revise and extend his re- Members have had little chance to read the Madam Speaker, H.R. 7 seeks to ac- marks.) bill. In fact, as my friend Mr. MCGOVERN has complish three goals: Mr. KILDEE. Madam Speaker, I ask noted, even conferees who supposedly nego- One, make the Hyde amendment and unanimous consent to insert my state- tiated this deal were not given a chance to other current abortion funding prohibi- ment into the RECORD in support of ex- read it! tion permanent; tending unemployment insurance for But the one policy I know is included in the Two, ensure that the Affordable Care 1.6 million Americans instead of this conference report is a massive, $8.6 billion cut Act faithfully conforms with the Hyde radical Republican assault on women’s in SNAP, formerly known as ‘‘food stamps.’’ amendment, as promised by the Presi- health care rights. Families receiving SNAP benefits already saw dent; Ms. SLAUGHTER. Madam Speaker, I And three, provide full disclosure, a cut in their monthly food budgets of approxi- yield for the purpose of a unanimous transparency, and the prominent dis- mately $30 less than three months ago. For consent request to the gentlelady from play of the extent to which any health some families, this will mean an additional cut Connecticut (Ms. DELAURO). care insurance plan on the exchange of up to $90—a devastating blow for a low-in- (Ms. DELAURO asked and was given funds abortion. permission to revise and extend her re- come household. Madam Speaker, in the runup to pas- marks.) In closing, I strongly urge my colleagues to sage of the Affordable Care Act, Amer- Ms. DELAURO. Madam Speaker, I vote ‘‘no’’ on today’s rule, so that we can get ica was repeatedly assured by Presi- ask unanimous consent to insert my to work on real solutions for the American dent Obama himself, including in a statement into the RECORD in support people and put an end to the Majority’s dan- speech to a joint session of Congress in of extending the unemployment insur- gerous attacks on a woman’s constitutionally September of 2009, that: ‘‘Under our ance benefits for 1.6 million Americans protected right to choose, as well as their dis- plan, no Federal dollars will be used to instead of what is a radical Republican regard for the plight of the poor and those fund abortion.’’ searching for work. On March 24, 2010, President Obama assault, a continuous assault, on wom- Ms. FOXX. Madam Speaker, I yield 5 issued an executive order that said the en’s health care rights. minutes to the gentleman from New Affordable Care Act ‘‘maintains cur- Ms. SLAUGHTER. Madam Speaker, I Jersey (Mr. SMITH). rent Hyde amendment restrictions gov- yield for the purpose of a unanimous Mr. SMITH of New Jersey. Madam erning abortion policy and extends consent request to the gentlewoman Speaker, I thank my good friend for those restrictions to newly created from Massachusetts, Congresswoman yielding. I want to thank VIRGINIA health insurance exchanges.’’ Nothing CLARK. FOXX for her extraordinary leadership could have been clearer. That seemed (Ms. CLARK of Massachusetts asked on behalf of the weakest and the most to be ironclad. and was given permission to revise and vulnerable among us. As far as my colleagues will recall, extend her remarks.) Madam Speaker, because abortion the Hyde amendment has two prin- Ms. CLARK of Massachusetts. dismembers, decapitates, or chemically ciples: it not only prohibits direct Madam Speaker, I ask unanimous con- poisons an unborn child to death, funding for abortion, but also bans sent to insert my statement into the Americans have consistently demanded funding for insurance plans that in- RECORD in support of extending unem- that public funds not pay for abortion. clude abortion, except in cases of rape, ployment insurance for 1.6 million I would note parenthetically—and we incest, or to save the life of the moth- Americans instead of this radical Re- just saw this last week—since 1973, er. publican assault on women’s health some 56 million babies, unborn babies, We now know that the Hyde amend- care rights. have been killed by abortion, a num- ment principles have not been extended Ms. SLAUGHTER. Madam Speaker, I ber, a death toll that equates with the to the newly created health insurance yield for the purpose of a unanimous entire population of England. exchanges. H.R. 7 seeks to correct that. consent request to the gentlewoman Madam Speaker, a huge majority— Under the Affordable Care Act, from Massachusetts, Congresswoman well over 60 percent according to the Madam Speaker, massive amounts of TSONGAS. most polls—show that women and men public funds in the form of tax credits (Ms. TSONGAS asked and was given in this country don’t want to be are today paying for, and will soon pay permission to revise and extend her re- complicit in abortion by subsidizing it. for, insurance plans that include elec- marks.) A December 2009 Quinnipiac poll found tive abortion. That violates the Hyde Ms. TSONGAS. Madam Speaker, I that 72 percent opposed allowing abor- amendment and that violates the ask unanimous consent to insert my tion to be paid for by public funds President’s solemn promise. statement into the RECORD in support under health care reform. As we all know, the new law is poised of extending unemployment insurance Another poll asked: If the choice to give billions of dollars—they call for 1.6 million Americans instead of were up to you, would you want your them tax credits—directly to insurance this radical Republican assault on own insurance policy to include abor- companies on behalf of people who pur- women’s health care rights. tion? Sixty-nine percent of women said chase health insurance. The Congres- Madam Speaker, I want to share emails no. sional Budget Office counts the cost of from just three of the many people I hear from Madam Speaker, this is because an these so-called tax credits under the each week who have been personally affected ever-growing number of people recog- ACA as either direct spending or rev- by House Republicans’ decision to block a nize that abortion isn’t health care; it enue reductions. Direct spending in- vote on extending unemployment insurance. kills babies and it hurts women. volves funds taken from where? The Katie from Chelmsford: ‘‘I was laid off in We live in an age of ultrasound imag- Treasury, to subsidize health insurance April and have looked for a job since then— ing: the ultimate window to the womb coverage. According to the CBO, the with no luck—In spite of the news reports and the child who resides there. We are ACA premium assistance credits will about the economy and how great the job in the midst of a fetal health revolu- cost the Federal Government $796 bil- market is, we all know that is not true. I know tion, an explosion of benign life-affirm- lion over 10 years. so many folks still looking for jobs in MA—all ing interventions designed to diagnose, Absent repeal or reform of the law, well educated, well qualified good people! . . . treat, and cure the precious lives of taxpayers will then be forced to foot I truly hope unemployment benefits are ex- these youngest patients. Abortion is the bill for abortion. Again, an over- tended.’’ the antithesis of health care. whelming percentage of the people Clark from Westford: ‘‘I am writing you re- H.R. 7 will help save lives and it will have consistently polled they don’t garding the stopping of the Federal Emer- reduce abortions. The Judiciary Com- want to be complicit in the taking of gency Unemployment Compensation program. mittee report accompanying H.R. 7 human life. I am a married father of 2 children in local notes that the high demand has saved Ms. SLAUGHTER. Madam Speaker, I area colleges living in Westford, MA and rely over 1 million children, and the number yield for the purpose of a unanimous on this emergency money to survive. I have

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 9920 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1450 CONGRESSIONAL RECORD — HOUSE January 28, 2014 been able to work 8 months this year over 3 for 1.6 million Americans, including Ms. LEE of California. Madam jobs but all were temporary positions that did nearly 7,500 New Mexico job seekers, Speaker, I ask unanimous consent to not lead to full-time employment. The econ- instead of this radical Republican as- insert my statement into the RECORD omy is not yet hot enough to create enough sault on women’s health care rights. in support of extending unemployment full-time jobs and without this money our fam- Ms. SLAUGHTER. Madam Speaker, I insurance for 1.6 million Americans in- ily will not make it. Please find the money to yield for the purpose of a unanimous stead of this radical Republican assault pay for extending this program as it is saving consent request to the gentleman from on women’s health care rights. our lives . . . literally!’’ Georgia, Congressman JOHNSON. Ms. SLAUGHTER. Madam Speaker, I Doreen from Lowell: ‘‘I’m a single mom of a The SPEAKER pro tempore. The yield for the purpose of a unanimous great 14 year old daughter who is an honor Chair will first make a statement. consent request to the gentleman from student! (Very proud.) In May of 2013 I was The Member asking to insert re- Rhode Island, Congressman CICILLINE. marks may include a simple declara- laid off after 23 wonderful years of employ- (Mr. CICILLINE asked and was given tion of sentiment toward the question ment with the same company. This has been permission to revise and extend his re- under debate, but should not embellish a life changing time for [my daughter] and my- marks.) the request with extended oratory. Mr. CICILLINE. Madam Speaker, I self, however we have taken the change with The gentleman from Georgia is rec- nothing less than a positive attitude. We have ask unanimous consent to insert my ognized. statement into the RECORD in support made sacrifices such as canceling our cable Mr. JOHNSON of Georgia. Madam and Internet as well as making cuts from cell of extending unemployment insurance Speaker, I ask unanimous consent to for 1.6 million Americans instead of phone service to more frugal grocery shop- insert my statement into the RECORD ping. this radical Republican assault on in support of extending unemployment women’s health care. ‘‘I found out today that after 6 months of un- insurance for 1.6 million Americans in- employment it has ended! I received a letter Ms. SLAUGHTER. Madam Speaker, I stead of this radical Republican assault yield for the purpose of a unanimous just two months ago that I would be extended on women’s health care rights. H.R. 7 is until May of 2014, however because of Fed- consent request to the gentlewoman enumerated appropriately because it from Texas, Congresswoman JACKSON eral budget cuts this is not happening. I’ve reflects the priorities of this Congress. been looking and applying for jobs faithfully on LEE. Ms. FOXX. Madam Speaker. (Ms. JACKSON LEE asked and was a weekly basis with no luck. Nothing comes The SPEAKER pro tempore. The gen- given permission to revise and extend close to what I was making before, I have a tleman will suspend. mortgage by myself as a single mom . . . For what purpose does the gentle- her remarks.) Ms. JACKSON LEE. Madam Speaker, ‘‘I’ve been proud of myself for this accom- woman from North Carolina seek rec- I ask unanimous consent to insert my plishment and being a positive strong role ognition? statement into the RECORD in support model has always been important to me for Ms. FOXX. Madam Speaker, I would of extending unemployment insurance my daughter. I don’t understand how an ex- like to ask the Chair to reiterate her for 1.6 million Americans instead of tension can just be cancelled like that! My statement made just a few minutes ago this radical Republican assault on daughter and I are now just our small savings about the extent of the remarks that may be made. women’s health care rights. account away from being homeless and that’s Ms. SLAUGHTER. Madam Speaker, I a shame. I can only hope that someone in Ms. SLAUGHTER. Madam Speaker, I yield for the purpose of a unanimous yield for the purpose of a unanimous Congress is listening to us hard working peo- consent request to the gentleman from ple and will step up and do something about consent request to the gentlewoman from Connecticut, Congresswoman Maryland, Congressman VAN HOLLEN. this. It upsets me to think after 23 years of (Mr. VAN HOLLEN asked and was ESTY. service I can’t lean on my government for sup- given permission to revise and extend port. I don’t expect to be on unemployment for The SPEAKER pro tempore. The time of the gentlewoman from New his remarks.) long but unfortunately 6 months wasn’t Mr. VAN HOLLEN. Madam Speaker, enough, it’s still tough out there! I really appre- York will be charged due to the embel- lishment of the gentleman from Geor- I ask unanimous consent to insert my ciate you taking the time to read this email statement into the RECORD in support and please, please, please be my voice and gia. The gentlewoman from Connecticut of extending unemployment insurance make them hear me.’’ for 1.6 million Americans instead of I urge my colleagues to pass an extension is recognized. (Ms. ESTY asked and was given per- this radical Republican assault on now and help hardworking people throughout mission to revise and extend her re- women’s health care rights. our nation avoid economic disaster. marks.) Ms. SLAUGHTER. Madam Speaker, I Ms. SLAUGHTER. Madam Speaker, I Ms. ESTY. Madam Speaker, I ask yield for the purpose of a unanimous yield for the purpose of a unanimous unanimous consent to insert my state- consent request to the gentleman from consent request to the gentleman from ment into the RECORD in support of ex- New York, Congressman ELIOT ENGEL. California, Congressman TAKANO. tending unemployment insurance for (Mr. ENGEL asked and was given (Mr. TAKANO asked and was given 1.6 million Americans instead of this permission to revise and extend his re- permission to revise and extend his re- radical Republican assault on women’s marks.) marks.) health care rights. Mr. ENGEL. Madam Speaker, I ask Mr. TAKANO. Madam Speaker, I ask Ms. SLAUGHTER. Madam Speaker, I unanimous consent to insert my state- unanimous consent to insert my state- yield for the purpose of a unanimous ment into the RECORD in support of ex- ment into the RECORD in support of ex- consent request to the gentleman from tending unemployment insurance for tending unemployment insurance for Texas, Congressman AL GREEN. 1.6 million Americans. We really have 1.6 million Americans instead of this (Mr. AL GREEN of Texas asked and to have compassion for people. People radical Republican assault on women’s was given permission to revise and ex- are starving. We need to help them. health care rights. tend his remarks.) That is what Congress should be all Ms. SLAUGHTER. Madam Speaker, I Mr. AL GREEN of Texas. Madam about. yield for the purpose of a unanimous Speaker, I ask unanimous consent to The SPEAKER pro tempore. The consent request to the gentlewoman insert my statement into the RECORD time of embellishment by the gen- from New Mexico, Congresswoman in support of extending unemployment tleman from New York will be charged LUJAN GRISHAM. insurance for 1.6 million Americans in- to the gentlewoman from New York. (Ms. MICHELLE LUJAN GRISHAM stead of this radical Republican assault Ms. SLAUGHTER. Madam Speaker, I of New Mexico asked and was given on women’s health care rights. yield for the purpose of a unanimous permission to revise and extend her re- Ms. SLAUGHTER. Madam Speaker, I consent request to the gentleman from marks.) yield for the purpose of a unanimous Florida, Congressman ALCEE HASTINGS. Ms. MICHELLE LUJAN GRISHAM of consent request to the gentlewoman (Mr. HASTINGS of Florida asked and New Mexico. Madam Speaker, I also from California, Congresswoman LEE. was given permission to revise and ex- seek unanimous consent to insert my (Ms. LEE of California asked and was tend his remarks.) statement into the RECORD in support given permission to revise and extend Mr. HASTINGS of Florida. Madam of extending unemployment insurance her remarks.) Speaker, I ask unanimous consent to

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1451 insert my statement into the RECORD who object to abortion on demand, I abortion. In fact, it did the very oppo- in support of extending unemployment urge this body to prevent taxpayer dol- site. It was hidden behind a veil of se- insurance for 1.6 million Americans in- lars from funding such abortions. crecy and accounting gimmicks, and stead of this radical Republican assault As has been said, life matters, and because of this charade, we are here on women’s health care rights. promises matter, and echoes of this today. Ms. SLAUGHTER. Madam Speaker, I Chamber matter as well, especially H.R. 7 is very simple. It does exactly reserve the balance of my time. when spoken by the President. what the administration hoped we Ms. SLAUGHTER. Madam Speaker, would believe they were doing in the b 1330 if we defeat the previous question, I Stupak agreement, and it answers the Ms. FOXX. Madam Speaker, I yield 2 will offer an amendment to the rule fundamental question: How do we pro- minutes to the gentleman from Geor- and give the House a vote on a bill, tect the moral beliefs of a majority of gia (Mr. COLLINS). written by Mr. VAN HOLLEN and Mr. Americans on the wrenching issue of Mr. COLLINS of Georgia. Thank you LEVIN, to extend emergency unemploy- taking the lives of the innocent un- to the gentlelady from North Carolina. ment benefits paid for with savings born? The answer is clear: We should Madam Speaker, we stand in this from the farm bill that, it seems, this not force people to pay for what they Hall, and many times it is spoken of House will pass today. do not believe in. We should stop Fed- the history that goes on here and of the To discuss his bill, I yield 2 minutes eral bureaucrats from using Ameri- things that have been done, and often to the gentleman from Michigan (Mr. cans’ hard-earned tax dollars to pay for it echos through time—the Speakers, LEVIN), the ranking member of the abortions, and we should allow Ameri- the Presidents, the others who have Ways and Means Committee. cans to exercise their God-given rights spoken here. Today, I think, as we talk (Mr. LEVIN asked and was given per- of conscience. about this, there is an echo that should mission to revise and extend his re- The American people are opposed to be coming forth, spoken in the Cham- marks.) using taxpayer dollars to pay for the ber that was spoken by this, our ad- Mr. LEVIN. Madam Speaker, let me taking of innocent human life. We ministration and our President, who express very personally why we are know this from the thousands of con- said, One more misunderstanding I asking for a ‘‘no’’ on the previous ques- stituents who contact each of our of- want to clear up. Adding, No Federal tion. fices. We know this from the hundreds dollars will be used to fund abortions, Unemployment insurance has lifted and thousands of Americans who de- and conscience laws will remain in 11 million people from poverty since scended upon this Capitol and State place. 2008. It kept 2.5 million people from capitals across the Nation in March for To me, that still echoes in this poverty in 2012. So, for so many people Lives just last week, and we know this Chamber. in this country today, there is a per- from the 90-plus lawsuits that have I rise today as a cosponsor of the No sonal emergency. Since the end of this been filed by organizations on religious Taxpayer Funding for Abortion and program, December 28, they have been liberty grounds, like the Little Sisters Abortion Insurance Full Disclosure facing bills to pay—utility bills, house of the Poor, Wheaton College, Hobby Act. I rise in strong support of the bill payment bills, rental bills, money for Lobby, and Conestoga Wood. The list and the underlying rule. I share the be- gas to keep looking for work. These are goes on and on. lief of many taxpayers, which is that hardworking Americans who are facing We know this in our hearts. It is sim- life is a gift worthy of our protection, the winds of poverty. ply wrong to force people to pay for not something to be snuffed out when One of them today is with me for the abortions—something that violates deemed inconvenient or challenging. I State of the Union—Josie Maisano, their consciences, their fundamental rise in support of this bill on behalf of from Michigan. She will tell you, as beliefs and religious liberties. Ms. SLAUGHTER. Madam Speaker, I those who do not yet have a voice—the others will today at a press conference, yield for the purpose of a unanimous yet to be born daughters and sons of that there is an emergency. There is an consent request to the gentleman from our Nation. emergency for them. Extending UI is a For me, this issue is very personal. Nevada (Mr. HORSFORD). moral American imperative. It is also a (Mr. HORSFORD asked and was When my wife was pregnant with our national economic benefit. given permission to revise and extend first child, we learned that our daugh- The Speaker asked for an offset. We his remarks.) ter, Jordan, was affected with spina are proposing one. So let us today have Mr. HORSFORD. Madam Speaker, I bifida. When we were dealing with the the chance to bring to the floor a bill ask unanimous consent to insert my struggle and were excited about her to extend unemployment insurance for statement into the RECORD in support birth, we were shocked when people 1.6 million Americans, growing 72,000 of extending unemployment insurance came to us after hearing of Jordan’s di- every week. benefits for the 1.6 million Americans agnosis and said we have a choice Ms. FOXX. Madam Speaker, I yield 2 instead of this radical Republican as- about whether to keep our child. We minutes to the gentleman from Kansas sault on women’s health care rights in knew that Jordan was a gift from God (Mr. HUELSKAMP). our great country. and that there was a plan and purpose Mr. HUELSKAMP. Madam Speaker, I Ms. SLAUGHTER. Madam Speaker, I for her life. We believe of that fact rise in support of H.R. 7, the No Tax- am pleased to yield 2 minutes to the more strongly than ever today, and we payer Funding for Abortion Act. It is a gentleman from Maryland (Mr. VAN cannot imagine life without Jordan. good bill, an important bill, that takes HOLLEN), the distinguished ranking I know my family is not alone. Many critical steps to protect the lives of the member of the Committee on the Budg- folks have welcomed children in the innocent unborn and the conscience et. midst of difficult circumstances, not rights of millions of Americans. Before Mr. VAN HOLLEN. I thank my because it was easy but because it was discussing the bill, I think it is impor- friend. right, for when we deny the humanity tant to recall some important history Madam Speaker, what we are seeing of the unborn, we betray our own. that was discussed previously. here is an abuse of process. We have Every member of civil society has a sa- On Saturday, March 20, 2010, the one rule governing a bill that is an as- cred responsibility to protect the lives President of the United States an- sault on women’s health care rights, of children. nounced a so-called ‘‘agreement’’ on combined with the same rule for a 900- Today, we have the opportunity to his Affordable Care Act. In part, be- page farm bill that was filed at 7:30 last affirm the responsibility by passing the cause of this agreement supposedly night. I know a lot of people around No Taxpayer Funding for Abortion and protecting Americans’ conscience here claim to be speed readers, but we Abortion Insurance Full Disclosure rights, ObamaCare narrowly passed and are supposed to have a vote on the Act. This bill helps ensure that tax- was signed into law. farm bill on Wednesday. Some people payer dollars are directed to care that Madam Speaker, the so-called ‘‘Stu- may decide to vote for it, and some preserves and improves lives, not to a pak agreement’’ was a charade—it did people may decide to vote against it. procedure that guarantees death. On not protect our conscience rights; it What we are asking, Madam Speaker, behalf of the millions of Americans did not stop the Federal funding of is that we should all agree that this

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1452 CONGRESSIONAL RECORD — HOUSE January 28, 2014 House—Republicans and Democrats long time. Republicans want to help this effort to restrict health care for alike—should have a chance to vote on create jobs, and we call on the Senate women. a bill that says we will take the sav- to act on the bills we have sent them, b 1345 ings from cutting back on agriculture and we will do just that. subsidies and use those savings to pay Madam Speaker, I now yield 2 min- Ms. FOXX. Madam Speaker, it is un- for an extension of emergency unem- utes to the gentleman from Tennessee, fortunate that our colleagues are doing ployment insurance for over 1.5 million Dr. ROE. all that they can to portray this bill as Americans who lost their jobs through Mr. ROE of Tennessee. Madam an attack on women’s rights. It is not no fault of their own and are out there Speaker, as an OB/GYN physician who that at all. I appreciate all of my col- looking for work every day in an econ- has delivered close to 5,000 babies, I leagues who have spoken so eloquently omy where there are still three people strongly support the sanctity of life on our side of the aisle about what this looking for every one job. That is what and, therefore, H.R. 7. bill truly is. we are asking for, Madam Speaker, Since 1976, Congress has prevented I yield 2 minutes to the gentleman with respect to defeating the previous taxpayer funding for abortion. Unfortu- from Missouri (Mr. NUNNELEE). question and letting us have a vote. nately, this door was reopened with the Mr. NUNNELEE. I thank the gentle- Now, the Speaker has said repeatedly passage of the Affordable Care Act. lady from North Carolina for yielding. over the last couple of weeks that he This misguided law, in addition to Today, I rise in support of H.R. 7, the would be open to extending unemploy- causing incredible harm to our health No Taxpayer Funding for Abortion Act, ment insurance if we would find a way care system, has potentially put tax- which will make policies like the Hyde to pay for it. We have a way to pay for payers on the hook for funding the ter- amendment permanent and govern- mination of innocent life. That is why it. Mr. LEVIN and I went to the Rules ment-wide, and remove funding for in- Committee and said, Okay. Let’s let H.R. 7 is so important. It explicitly surance plans that include abortions the whole House vote today after the states that taxpayer dollars should not from the Affordable Care Act. farm bill passes, if it does pass on be used to fund abortions. Just last week, we marked the 41st I am not here today making a point. Wednesday, and say, Let’s use those anniversary of the Roe decision, and we I am here on this floor as a physician, savings for this important purpose. memorialized the 56 million children trying to save lives. Abortion is not a whose lives have been sacrificed for They said no. They didn’t want this business our government should be in- House to have that right. So now each that decision. volved in. As legislators, we carry the I am a proud defender of life. I rep- of us—Republicans and Democrats responsibility and privilege to protect alike—will have the opportunity to resent a State that stands strongly for those who do not have a voice. We life. I understand that the very first in- vote to decide whether this body can must make our laws consistent with decide to spend the savings from cut- alienable right in our Declaration of our science and ensure full legal pro- Independence is the right to life. But I ting ag subsidies to help 1.5 million tections to those who are waiting to be people in their districts and around the also acknowledge that there is wide born. This starts with legislation like disagreement on that subject through- country who are struggling right now. H.R. 7. The SPEAKER pro tempore. The out our Nation and throughout this One of our government’s core func- House. I recognize there is wide debate time of the gentleman has expired. tions is to protect the most innocent Ms. SLAUGHTER. I yield the gen- on when life may begin. among us, and I will do my best to en- Surely, we can agree that there tleman an additional 30 seconds. sure that government fulfills its duty. Mr. VAN HOLLEN. I thank my should be no taxpayer dollars used to I will always fight for the right to life fund abortion procedures. There should friend. because it is my belief that we are By the way, it doesn’t just help those be no taxpayer forced to pay for health unique creations of God, who knows us struggling families. The Congressional care through ObamaCare that funds and loves us even before we are born. abortion against his or her will. Budget Office says it helps all of us—it I urge my colleagues to support this That is why I am a proud cosponsor helps the small businesses and mer- important rule. chants in our communities—because, if Ms. SLAUGHTER. Madam Speaker, of H.R. 7, and I urge my colleagues to those struggling families can’t pay the let me give myself just a half a second support this rule and the final bill. rent or the mortgage or go out and buy to say that, again, we hear how impor- Ms. SLAUGHTER. Madam Speaker, I groceries, who does it hurt? It also tant it is until a child is born, but if it yield 1 minute to the gentlewoman hurts the local merchants and small is unemployed later, it is not going to from California (Ms. LEE). businesses. get to eat as long as we have this ma- Ms. LEE of California. I thank the So, Madam Speaker, for goodness jority. gentlelady for yielding. sakes, if people want to vote against I yield 1 minute to the gentlewoman Currently, Congress imposes unfair the idea of using the savings from cut- from Connecticut (Ms. ESTY). limitations on insurance coverage of ting the ag subsidies to help 1.3 million Ms. ESTY. Madam Speaker, I rise abortions through the Hyde amend- Americans—if you want to vote ‘‘no’’— today in opposition to the rule and to ment for low-income women, which go for it, but for goodness sakes, let the underlying legislation. should be, quite frankly, repealed. the people’s House have that vote. Let Forty-one years ago, the Supreme Today, Republicans are asking us to go the people’s House decide whether we Court recognized that women have the even further—to create an unprece- want to help 1.3 million Americans. I right to make their own decisions dented interference in the lives of hope this will weigh heavily on the about their reproductive health. Yet, women and their families by restrict- conscience of the House. once again, this House is choosing to ing coverage for women’s health in pri- Ms. FOXX. I yield myself such time senselessly attack women’s rights. vate insurance plans. as I may consume. This bill would restrict a woman’s Instead of working together to ex- Madam Speaker, I remind my friends right to make personal medical deci- tend unemployment benefits for the on the other side of the aisle and every sions by bullying small businesses to more than 1.3 million unemployed American watching at home that nor- either drop comprehensive health cov- Americans, here we are debating an- mal unemployment benefits remain in erage for their female employees or other dangerous and divisive attempt effect for all Americans in need. What lose tax credits. Furthermore, it places to strip away the rights of women, in- has expired is the additional emer- restrictions on women using private stead of creating economic opportunity gency unemployment compensation funds to buy private insurance for their and jobs. Here you go again, attacking that goes above and beyond the normal most personal medical decisions. This women’s health care, not to mention compensation. This emergency com- bill is nothing more than an unprece- that this bill singles out an attack on pensation was put in place during the dented, mean-spirited attempt to low-income women in the District of economic downturn and was always in- shame women out of being in control of Columbia by permanently prohibiting tended to be temporary. In fact, we their own health. the District from spending its own lo- have been told that the recession is We can and must do better, which is cally raised funds on abortions for low- over and that it has been over for a why I urge my colleagues to oppose income women. You would not want us

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1453 to restrict anything in your districts With that, I reserve the balance of Madam Speaker, let me again convey where privately raised local funds are my time. to my colleagues the fact that H.R. 7 used. Ms. SLAUGHTER. Madam Speaker, I seeks to make the Hyde amendment This is just another battle in the war am pleased to yield 11⁄2 minutes to gen- and other current abortion funding on women. It has got to stop. We must tlewoman from Florida (Ms. prohibitions permanent. stop these attacks on women’s health. WASSERMAN SCHULTZ). Just a couple of weeks ago, as part of Ms. FOXX. Madam Speaker, I yield Ms. WASSERMAN SCHULTZ. the omnibus bill, Members on both myself such time as I may consume. Madam Speaker, first, let me just point sides of the aisle voted to renew the I will say it again. We are not attack- out that despite what the gentlelady pro-life riders for another year. Title I ing women’s health care with this rule from North Carolina just said, both of H.R. 7 are those separate riders and this legislation. President Obama and his administra- made permanent. That is all it is. H.R. 7, the No Taxpayer Funding for tion, as well as Leader PELOSI, strongly Secondly, it ensures that the Afford- Abortion Act, codifies many long- oppose H.R. 7. able Care Act faithfully conforms to standing pro-life protections that have I rise today in strong opposition to the Hyde amendment, as promised by been passed under both Republican- H.R. 7, the No Taxpayer Funding for the President of the United States. and Democrat-controlled Congresses. Abortion Act. Despite the misleading As the previous speaker just said, she The majority of taxpayers oppose title, this bill is not about Federal believes it comports with the Hyde Federal funding for abortion, as dem- funding for abortions. It is about inter- amendment. It doesn’t. onstrated in poll after poll. A recent vening in women’s personal health care The Hyde amendment is made up of Marist poll showed that 58 percent of decisions. two parts, I remind my colleagues: di- respondents oppose or strongly oppose Forty-one years ago, the Supreme rect funding for abortion and no funds using any taxpayer dollars for abor- Court confirmed in Roe v. Wade a con- to any insurance policy, any coverage, tions. stitutional right for women to keep our any plan that includes abortion. During the ObamaCare debate, a 2010 decisions about our body between us It couldn’t be simpler. It is right Zogby/O’Leary poll found that 76 per- and our doctors. Yet here we are, more there in the Hyde amendment. It has cent of Americans said that Federal than four decades later, confronted been there year in and year out. funds should never pay for an abortion with another draconian bill that en- I would note, parenthetically, that I or should pay only to save the life of croaches on that right. authored the ban on funding for abor- the mother. Since 1976, the Hyde amendment has tions in the Federal Employees Health A January 2010 Quinnipiac University prohibited the use of Federal dollars Benefit program. We mirrored the lan- poll showed 67 percent of respondents for abortions. The Affordable Care Act guage of the Hyde amendment so that opposed Federal funding of abortion. is compliant with the Hyde amend- An April 2011 CNN poll showed that today every single insurance plan in ment. The Affordable Care Act is law. the FEHB does not include abortion, 61 percent of respondents opposed pub- The bill before us is nothing more than lic funding for abortion. except in cases of rape, incest, or life of a deceitful attempt to place further re- the mother, just like the Hyde amend- A November 2009 Washington Post strictions on women’s access to health poll showed 61 percent of respondents ment. care services. Let me also say to my colleagues opposed government subsidies for Unfortunately, these kinds of base- that we need transparency. There is a health insurance that includes abor- less attacks on women’s reproductive galling lack of transparency in tion. rights continue to be led by Republican ObamaCare on a myriad of fronts, in- A September 2009 International Com- men. It is clear that the all-male Re- cluding whether or not a plan includes munications Research poll showed that publican members on the House Judici- abortion. 67 percent of respondents opposed any ary Committee who approved this bill measure that would ‘‘require people to In my own State of New Jersey, we would rather focus their time and tried and tried and took hours upon pay for abortion coverage with their American taxpayer dollars on restrict- Federal taxes.’’ hours and finally found out that of the ing a woman’s right to make her own 31 plans offered in the State, 14 plans Madam Speaker, it is clear. The medical decisions rather than confront American people do not want the gov- subsidized abortion on demand. Yet our Nation’s most pressing problems. none of the plans—not one—makes this ernment spending their hard-earned You would think that Republicans information available to the consumers tax dollars to destroy innocent human would realize we have a few more shopping online. life. Period. things to focus on that are a higher Ditto for State after State. You can’t Like most taxpayers, employers also priority than whether or not women find out. When you make those phone prefer plans that preclude abortion can make their own health care deci- calls, you get conflicting feedback coverage. According to the insurance sions. These men do not represent or from the person on the other side, who industry’s trade association: reflect the voices of women in Amer- himself or herself doesn’t know either. Most insurers offer plans that include ica. That is why as a mother, a law- Every single ObamaCare plan in Con- abortion coverage, but most employers maker, and as a woman, I stand before choose not to offer it as a part of their bene- necticut and Rhode Island includes fits package. you today to say: No more. We should oppose H.R. 7. abortion on demand. Every single one. Even Minority Leader NANCY PELOSI We have worked too hard to secure free- You may be happy with that, but we has voted numerous times to prohibit dom and independence for women in this see that as the taking of human life. taxpayer funding for abortion in the country; and I remind my colleagues, look at what District of Columbia. President Obama We have come too far to let our nation inch abortion does to the unborn child. The voted against taxpayer funding of abor- back to the dark ages when barriers stood be- baby is either dismembered, chemi- tion in the District of Columbia twice tween women and their Constitutional rights. cally poisoned, or decapitated. The when he was in the Senate, and since When I think about the kind of world I want methods are horrific, and we live in a being elected President he has signed my daughters to live in, it’s one where they culture of denial that does not want to appropriations legislation into law have access to comprehensive, affordable, look at the method. that prohibits this funding. and safe health care services. It also is highly injurious of women, As you can see, Madam Speaker, op- I urge my colleagues on both sides of the especially on the intermediate and position to taxpayer funding for abor- aisle to stand up for women by voting ‘‘no’’ on long-term basis, as relates to psycho- tion is bipartisan, bicameral, and sup- H.R. 7. logical health. ported by a majority of the American Ms. FOXX. Madam Speaker, I yield 4 Let me also say to my colleagues as people. It is time to restore the status minutes to the gentleman from New well: Do you want to know what quo on government funding of abortion Jersey (Mr. SMITH), the author of H.R. ObamaCare is doing? Just look at our and make this widely supported policy 7. own plan. Look at the DC Health Link, permanent across the Federal Govern- Mr. SMITH of New Jersey. I thank our own portable health insurance. Of ment. Therefore, I urge my colleagues the gentlelady for yielding and for her the 112 plans that you and I and our to support this rule and H.R. 7. extraordinary leadership. staff can obtain, 103 of those plans are

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1454 CONGRESSIONAL RECORD — HOUSE January 28, 2014 subsidized by Federal dollars, com- trict of Columbia from spending its ing policies like the Hyde amendment pletely in violation of the Hyde amend- own local funds on abortion services permanent and will rid ObamaCare of ment—and my amendment, frankly. for poor women, as 17 States do. its massive expansion of public funding Only nine plans are pro-life. And 103 of Among them are Alaska, Arizona, and for abortion insurance plans. those plans that you and I can buy pay Montana, hardly bastions of liberalism. The President repeatedly assured for abortion on demand. Mind you, such spending is already Americans that ObamaCare would Just look at the facts. barred in the annual D.C. appropria- ‘‘maintain current Hyde amendment The rhetoric that is so attacking of tions bill. Yet H.R. 7 strips—imagine restrictions governing abortion policy our side on the issue—I believe in talk- this—strips the District of Columbia of and extend those restrictions to newly ing about the issue and not attacking its very identity for purposes of abor- created health insurance exchanges.’’ my friends and colleagues, and I do tion by deeming the District of Colum- That promise didn’t pan out, like so count so many as close personal bia government to be part of the Fed- many other promises he made. It now friends, but when it comes to this eral Government. What an indignity. joins, ‘‘If you like your plan, you can issue, we need to talk about victims. I Republicans captured the majority in keep it’’ in President Obama’s panoply work with a lot of women. I know a lot the name of local control and devolv- of broken promises. of women who are post-abortive. They ing Federal power to the States and lo- Madam Speaker, last week hundreds are in need of help and reconciliation. calities. Today, you turn your own of thousands of Americans came to Abortion is the abandonment of women principles on their heads to snatch Washington, D.C., braved the cold, and and also the destruction of a child. power from a local jurisdiction. We will marched for life. Participants hailed ObamaCare has not lived up to its insist that Republicans practice what from all 50 States, various religions, promise. H.R. 7 gets it to the point they preach. and all different walks of life. The one where it does so. Ms. FOXX. Madam Speaker, I con- thing they had in common was a Ms. SLAUGHTER. Madam Speaker, I tinue to reserve the balance of my shared dedication to protecting the un- yield 1 minute to the gentlewoman time. born. from Massachusetts (Ms. CLARK). Ms. SLAUGHTER. Madam Speaker, I The March for Life gives a voice to Ms. CLARK of Massachusetts. am pleased to yield 1 minute to the the voiceless and sends a powerful mes- Madam Speaker, I rise in opposition to gentlewoman from Connecticut (Ms. sage to Representatives of the people H.R. 7, which effectively bans insur- DELAURO). assembled here in Congress. It is heart- ance coverage for family planning and Ms. DELAURO. Madam Speaker, I ening that so many Americans of dif- allows the government to step between rise in strong opposition to this offen- ferent backgrounds are willing to take a woman and her doctor even when sive and overreaching legislation. It a stand for life. there are risks of serious medical com- endangers women’s health and well- This is not a partisan issue, and this plications. being and attempts to effectively ban is not a partisan bill. H.R. 7 reflects Madam Speaker, the women of Amer- working women’s access to a legal the bipartisan, bicameral agreement ica are watching. Dictating women’s medical procedure. that our government should not be in personal health care decisions should With a budget passed, and the Presi- the business of subsidizing abortions. not be on the table today. dent delivering the State of the Union This is not a radical idea, Madam What should be on the table? tonight, this body has an important op- Speaker. It is a commonsense proposal How about the many policies that en- portunity to turn the page and start that codifies a longstanding practice. sure the economic success of women, acting in a bipartisan manner to ad- Therefore, I again urge my colleagues such as pay equity, paid sick leave, and dress the Nation’s real problem. to vote for this rule and H.R. 7. raising the minimum wage? How about We should be working together to I reserve the balance of my time. making sure that millions of American create jobs, encourage economic Ms. SLAUGHTER. Madam Speaker, I job seekers have the vital safety net growth, and ensure steady and rising am delighted to yield 1 minute to the that unemployment insurance provides wages. Instead, this House majority gentlewoman from California (Ms. and allows them to put food on the has once again succumbed to their PELOSI), the Democrat leader. table? How about instead of dictating worst ideological impulses at the ex- Ms. PELOSI. Madam Speaker, I women’s health care decisions, we pense of women’s health. Once again, thank the gentlelady for yielding. I focus on making child care and edu- for almost the 50th time now, they are commend her for her longstanding and cation more accessible and affordable? trying to undermine the Affordable strong support and respect for women, This bill does not move us forward. It Care Act. for their judgment, for the size and moves us backward and inserts the The bill claims to end taxpayer fund- timing of their families, for when government into the most personal de- ing for abortion. Everyone in this room women succeed, America succeeds. And cisions a woman and a family can knows there is no taxpayer funding for Congresswoman Ranking Member make. abortion, per the Hyde amendment SLAUGHTER has been a great proponent I urge my colleagues to vote against which is enacted every year. of that. H.R. 7. What this bill does is prevents mil- Today, the President will stand at lions of women working for small busi- the rostrum of the House to report on b 1400 nesses from using their own private the State of the Union. On a day when Ms. FOXX. Madam Speaker, I reserve funds to purchase coverage for services we should join him in laying out a vi- the balance of my time. from private insurance. It aims to end sion of opportunity and optimism for Ms. SLAUGHTER. Madam Speaker, I any private coverage of these services our country, Republicans are voting to yield 11⁄2 minutes to the gentlewoman by private insurance companies. limit women’s health care decisions. from the District of Columbia (Ms. Women cannot get the comprehensive They are hiding the provisions of this NORTON), who was not able to testify coverage that they need in the insur- legislation by what they have described before those 12 men. ance marketplace. as longstanding tradition and accepted Ms. NORTON. I thank the gentle- The same old, same old from this policy that there will be no Federal woman for yielding. I appreciate the House Republican majority. Oppose funding for abortions and, indeed, there opportunity to speak, particularly this ideological legislation. isn’t. It is spelled out every time we since I was denied the courtesy of Ms. FOXX. Madam Speaker, I yield have a bill that addresses this in appro- speaking on this bill, which targets my myself such time as I may consume. priation, which they have stated very own district. Madam Speaker, the passage of H.R. clearly and they have said that, in a bi- Madam Speaker, the only thing 7 will be welcome news for the major- partisan way, we have supported. worse than targeting the reproductive ity of Americans who do not want their So why are we wasting time coming health of the Nation’s women is reach- tax dollars paying for the grisly busi- to the floor today to take up some- ing beyond that to do even greater ness of abortion. This bill, which is co- thing that, as they have conceded, is damage to the women of a local juris- sponsored by 165 House Members and a the accepted policy of the House and of diction—to permanently keep the Dis- quarter of the Senate, will make exist- the Congress of the United States?

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1455 Why? Hyde amendment, and I had the privi- reductions, for purchasing a qualified health We are doing it because they are lege of serving with Chairman Hyde for plan that includes coverage for abortions. using it as a front for legislation that a number of years on the Judiciary 5. Prohibits small employers from receiving is very harmful to reproductive health Committee, clearly is the law. the small-employer health insurance credit of women, very disrespectful of wom- But what this bill has done is gone provided by the health care law if the health en’s judgment and, again, a waste of even further. It has disenfranchised, plans or benefits that are purchased provide time on the floor of the House, a waste from their civil liberties, the people of abortion coverage. of time when, instead of disrespecting the District of Columbia, and com- Taken together, these provisions have the women, we should be mindful and ad- pletely abolished home rule, to the ex- effect, and possibly the intent, of arbitrarily in- dress the needs of 1.5 million and a tent of women’s health. And if it was a fringing women’s reproductive freedoms and growing number of Americans who State, the question would be whether poses a nationwide threat to the health and have lost their unemployment insur- or not it was appropriate under the wellbeing of American women and a direct ance through no fault of their own, 10th Amendment. challenge to the Supreme Court’s ruling in hardworking Americans who play by Then it has disincentivized small Roe v. Wade. the rules and work hard. businesses, for you have disqualified Madam Speaker, one of the most detestable The work-hard ethic is alive and well them from getting a tax incentive or a aspects of this bill is that it would curb access in America; but in this economic time, tax credit because they are not allowed to care for women in the most desperate of some people have lost their jobs to provide for their employees. circumstances. through no fault of their own. This bill should be put to the side, Women like Danielle Deaver, who was 22 Over time, we have always respected and we should pass legislation to en- weeks pregnant when her water broke. Tests the system that we had, paid these ben- sure that the unemployed have unem- showed that Danielle had suffered efits—but not now. ployment insurance. That is what is anhydramnios, a premature rupture of the So today, instead of going down this right about America, and we should do membranes before the fetus has achieved via- path to nowhere—they know this legis- the right thing. bility. lation is going nowhere, that is to say, Madam Speaker, I rise in strong opposition This condition meant that the fetus likely the underlying damage that they are to the rule for H.R. 7, the so-called ‘‘No Tax- would be born with a shortening of muscle tis- doing to women’s health in their legis- payer Funding for Abortion Act,’’ and the un- sue that results in the inability to move limbs. lation, it is going nowhere. derlying bill. In addition, Danielle’s fetus likely would suffer Instead, we should defeat this rule, I oppose this bill because it is unnecessary, deformities to the face and head, and the vote against the previous question, fol- puts the lives of women at risk, interferes with lungs were unlikely to develop beyond the 22- low the lead of distinguished Ranking women’s constitutionally guaranteed right of week point. There was less than a 10% Member SLAUGHTER on the committee, privacy, and diverts our attention from the real chance that, if born, Danielle’s baby would be our distinguished Ranking Member problems facing the American people. able to breathe on its own and only a 2% Instead of resuming their War on Women, VAN HOLLEN of the Budget Committee, chance the baby would be able to eat on its our colleagues across the aisle should be vote this rule down, enable us to bring own. up a bill that will use the savings from working with Democrats to extend unemploy- H.R. 7 hurts women like Vikki Stella, a dia- the subsidy cuts in the farm bill in ment insurance to the 1.9 million Americans betic, who discovered months into her preg- order to pay for unemployment insur- whose benefits have been terminated and to nancy that the fetus she was carrying suffered ance benefits. raise the minimum wage to $10.10 per hour from several major anomalies and had no I, myself, do not think that they so that people who work hard and play by the chance of survival. Because of Vikki’s diabe- should be paid for because it is an rules do not have to raise their families in pov- tes, her doctor determined that induced labor emergency and, by and large, those erty. and Caesarian section were both riskier proce- A far better use of our time would be to pro- emergencies have never had an offset. dures for Vikki than an abortion. vide help to long-term unemployed jobhunters But if the Republicans want an off- Every pregnancy is different. No politician by bringing to the floor and passing H.R. set, here is an offset, one that is going knows, or has the right to assume he knows, 3888, the ‘‘New Chance for a New Start in Life to be voted into law tomorrow in the what is best for a woman and her family. Act,’’ a bill I introduced that would provide House of Representatives. We can use These are decisions that properly must be left compensated skills training for the jobs of to- it today to extend these benefits. to women to make, in consultation with their Why don’t we use the time that we morrow to the long-term unemployed. Last year I opposed this irresponsible and partners, doctors, and their God. have to meet the needs of the Amer- H.R. 7 lacks the necessary exceptions to reckless legislation when it was brought to the ican people, to honor their priorities, protect the health and life of the mother. floor. I opposed this bill when it was consid- to make their future better, instead of H.R. 7 is an unconstitutional infringement on ered in the Judiciary Committee earlier this dragging us into the past? the right to privacy, as interpreted by the Su- month. I opposed this bill yesterday when it So I ask, again, our colleagues to preme Court in a long line of cases going was being considered by the Rules Com- vote against the bill so that we can back to Griswold v. Connecticut in 1965 and mittee. take up a bill in support of extending Madam Speaker, the version of H.R. 7 be- Roe v. Wade decided in 1973. unemployment insurance for 1.6 mil- fore us is only a little less bad than the bill re- In Roe v. Wade, the Court held that a State lion Americans instead of this radical ported by the Judiciary Committee. could prohibit a woman from exercising her Republican assault on women’s health Dropped are the tax provisions that would right to terminate a pregnancy in order to pro- care rights. prevent an individual from deducting any abor- tect her health prior to viability. Ms. FOXX. Madam Speaker, I reserve tion expenses as a tax-eligible medical ex- While many factors go into determining fetal the balance of my time. pense or using pre-tax flex health or health viability, the consensus of the medical commu- Ms. SLAUGHTER. Madam Speaker, I savings accounts for abortion expenses. nity is that viability is acknowledged as not oc- yield 1 minute to the gentlewoman But the other draconian provisions of this curring prior to 24 weeks gestation. from Texas (Ms. JACKSON LEE). terrible bill remain intact: Supreme Court precedents make it clear Ms. JACKSON LEE. Madam Speaker, 1. Prohibits federal funds from being used that neither Congress nor a state legislature our leader is right. Our message today for any health benefits coverage that includes can declare any one element—‘‘be it weeks of should be to be able to help the chron- coverage of abortion. (Thus making perma- gestation or fetal weight or any other single ically and unemployed individuals who nent existing federal policies.) factor—as the determinant’’ of viability. have worked and are now in need of an 2. Prohibits the inclusion of abortion in any Colautti v. Franklin, 439 U.S. 379, 388–89 extension of the unemployment bene- health care service furnished by a federal or (1979). fits. District of Columbia health care facility or by The constitutionally protected right to pri- Instead, today, as we pass H.R. 7, we any physician or other individual employed by vacy encompasses the right of women to will be making a blatant attack on the federal government or the District. choose to terminate a pregnancy before viabil- equal protection of the law, and that 3. Applies such prohibitions to District of Co- ity, and even later where continuing to term disappoints me because I know my lumbia funds. poses a threat to her health and safety. good friends believe in the Constitution 4. Prohibits individuals from receiving a re- This right of privacy was hard won and must on the other side of the aisle. And the fundable federal tax credit, or any cost-sharing be preserved inviolate. The bill before us

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 9920 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1456 CONGRESSIONAL RECORD — HOUSE January 28, 2014 threatens this hard won right for women and Ms. FOXX. I reserve the balance of I think it is wonderful that we had so must be defeated. my time. many men here today speaking on be- Ms. FOXX. Madam Speaker, I con- Ms. SLAUGHTER. Madam Speaker, half of the unborn. Life is the most tinue to reserve the balance of my from renewing unemployment insur- fundamental of all rights, Madam time. ance for more than 1.6 million Ameri- Speaker. It is sacred and God-given. Ms. SLAUGHTER. Madam Speaker, I cans to growing our economy and re- But millions of babies have been am pleased to yield 1 minute to the building our middle class, there is an robbed of that right in this, the freest gentlewoman from California (Ms. urgent need for Congress to pass legis- country in the world. This is a tragedy BROWNLEY. lation that will help the American peo- beyond words and a betrayal of what Ms. BROWNLEY of California. ple. So I urge my colleagues to reject we, as a Nation, stand for. Madam Speaker, I rise in opposition today’s rule so that we can finally get Before liberty, equality, free speech, today to the rule. I offered an amend- to work, I hope, on real solutions to freedom of conscience, and the pursuit ment to H.R. 7 which was not made in the problems that face our Nation, not of happiness and justice for all, there order by the Rules Committee. In fact, wasting more time with another attack has to be life. And yet, for millions of not a single amendment was made in on women’s constitutionally protected aborted infants, many pain-capable and order. reproductive rights. many discriminated against because of Madam Speaker, if we defeat the pre- The majority continues to tell us gender or disability, life is exactly vious question, I will offer an amend- about their commitment to open de- what they have been denied. And an af- bate and regular order. Yet we con- ment to the rule to give the House a vote on the bill written by the gen- front to life for some is an affront to tinue to govern under closed rule. life for every one of us. That is the tleman from Maryland (Mr. VAN HOL- I am disappointed by the majority’s message we want to get across today. broken promises. I am also opposed to LEN) and the gentleman from Michigan One day, we hope it will be different. the underlying bill, which is an attack (Mr. LEVIN) to extend emergency un- We hope life will cease to be valued on on women and an attack on their fami- employment benefits, paid for with the a sliding scale. We hope the era of elec- lies. It limits a woman’s constitu- savings from the farm bill that, it tive abortions, ushered in by an tionally protected right to choose. seems, this House will pass today or to- unelected Court, would be closed and It denies affordable health care, par- morrow. collectively deemed one of the darkest ticularly to low-income women. It dis- Madam Speaker, I ask unanimous chapters in American history. But proportionately hurts individuals who consent to insert the text of the until that day, it remains a solemn are counting on Federal assistance to amendment in the RECORD along with duty for all of us to stand up for life. get health care coverage for them- extraneous material immediately prior selves and their families. to the vote on the previous question. Regardless of the length of this jour- Instead of bringing up bills that un- The SPEAKER pro tempore. Is there ney, we will continue to speak for objection to the request of the gentle- dermine a woman’s constitutional those who cannot. And we will con- woman from New York? rights, why can’t we just focus on leg- tinue to pray to the One who can There was no objection. change the hearts of those in despera- islation that creates jobs and helps Ms. SLAUGHTER. Madam Speaker, struggling families? tion and those in power who equally the only thing I really need to say, hold the lives of the innocent in their Madam Speaker, today, let us just other than the absolute requirements put an end to these attacks on women’s hands. here, is that we have had a great dem- Madam Speaker, the commonsense rights. Indeed, we can do this. onstration in this rule debate on what Ms. FOXX. Madam Speaker, I reserve measure before us restores an impor- is going on here. tant longstanding bipartisan agree- the balance of my time. H.R. 7, written by men, discussed be- Ms. SLAUGHTER. Madam Speaker, I fore a subcommittee of 12 men and ment that protects the unborn and pre- am pleased to yield 1 minute to the then voted on by the main committee, vents taxpayers from being forced to fi- gentleman from New Jersey (Mr. composed mostly of men, who carried nance thousands of elective abortions. HOLT). the debate, was brought here today; It reflects the will of the American Mr. HOLT. Madam Speaker, I thank and yet, with the exception of the man- people and is the product of what has the gentlelady. ager of the bill, not a single woman on historically been a bipartisan, bi- Now, instead of taking up critical the other side came to speak on this cameral consensus in Congress. There- issues, we are here today considering a bill. fore, Madam Speaker, I urge my col- radical bill that failed several years On our side, we had diversity. We had leagues to vote for this rule and H.R. 7. ago. It has been resurrected by the ma- women. We had men getting up and The material previously referred to jority so that they can continue their talking about actually complying with by Ms. SLAUGHTER is as follows: war on women and their vendetta the Constitution. And on the other AN AMENDMENT TO H. RES. 465 OFFERED BY against the Affordable Care Act. side, we had, once again, men telling MS. SLAUGHTER OF NEW YORK It is a deceptively named bill. It is women what they are allowed to do. At the end of the resolution, add the fol- not about unauthorized use of taxpayer We are so far past that. When we fi- lowing new sections: dollars. The purpose of this legislation nally got the right to vote, we said, Sec. 3. Immediately upon adoption of the is to make the Federal Government Let’s put all this behind us, certainly conference report to accompany the bill interfere with a woman’s decision to in the House of Representatives, the (H.R. 2642) to provide for the reform and con- use her private dollars for legal health people’s House. Can’t you understand tinuation of agricultural and other programs services. the difference here in the people’s of the Department of Agriculture through House, that the people represent the di- fiscal year 2018, and for other purposes the b 1415 Speaker shall, pursuant to clause 2(b) of rule versity of the faces of America, and all XVIII, declare the House resolved into the It will restrict women’s access to safe the men over there who seem to have reproductive health; and because it Committee of the Whole House on the state devoted their lives to making sure that of the Union for consideration of the bill would rule out standard insurance poli- women do what they expect them to do (H.R. 3936), the Emergency Unemployment cies now available to women, it will and what they are told to do and trying Compensation Extension Act of 2014. The leave even more women without health to pass laws to require that. I think it first reading of the bill shall be dispensed care coverage. was one of the most telling debates with. All points of order against consider- So instead of taking up an ideolog- that I have ever seen, and I hope that ation of the bill are waived. General debate ical, mean-spirited lost cause, let’s it will not go unnoticed by the Amer- shall be confined to the bill and shall not ex- turn our attention to helping women ceed one hour equally divided among and ican people. controlled by the chair and ranking minority get comprehensive health care, excel- I yield back the balance of my time. lent health care for themselves and member of the Committee on the Budget and Ms. FOXX. Madam Speaker, I yield the chair and ranking minority member of their families. Let’s help women get myself such time as I may consume. the Committee on Ways and Means. After excellent affordable child care, help I am going to say it again, this bill is general debate the bill shall be considered women get pay equity and fairness. not an attack on women or an attack for amendment under the five-minute rule. Vote ‘‘no’’ on this rule. on women’s rights. All points of order against provisions in the

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1457 bill are waived. At the conclusion of consid- jection of the motion for the previous ques- Paulsen Rothfus Thornberry eration of the bill for amendment the Com- tion on a resolution reported from the Com- Pearce Royce Tiberi mittee shall rise and report the bill to the mittee on Rules, control shifts to the Mem- Perry Ryan (WI) Turner Petri Salmon Upton House with such amendments as may have ber leading the opposition to the previous Pittenger Sanford been adopted. The previous question shall be question, who may offer a proper amendment Valadao Poe (TX) Scalise Wagner considered as ordered on the bill and amend- or motion and who controls the time for de- Pompeo Schock Walberg ments thereto to final passage without inter- bate thereon.’’ Posey Schweikert Walden Price (GA) Scott, Austin vening motion except one motion to recom- Clearly, the vote on the previous question Walorski Reed Sensenbrenner mit with or without instructions. If the on a rule does have substantive policy impli- Weber (TX) Committee of the Whole rises and reports cations. It is one of the only available tools Reichert Sessions Renacci Shimkus Webster (FL) that it has come to no resolution on the bill, for those who oppose the Republican major- Ribble Shuster Wenstrup then on the next legislative day the House ity’s agenda and allows those with alter- Rice (SC) Simpson Whitfield shall, immediately after the third daily native views the opportunity to offer an al- Rigell Smith (MO) Williams order of business under clause 1 of rule XIV, ternative plan. Roby Smith (NE) Wilson (SC) Roe (TN) Smith (NJ) Wittman resolve into the Committee of the Whole for Ms. FOXX. Madam Speaker, I yield further consideration of the bill. Rogers (AL) Smith (TX) Wolf Sec. 4. Clause 1(c) of rule XIX shall not back the balance of my time, and I Rogers (KY) Southerland Womack apply to the consideration of the bill speci- move the previous question on the res- Rohrabacher Stewart Woodall Rokita Stivers Yoder fied in section 3 of this resolution. olution. Rooney Stockman Yoho THE VOTE ON THE PREVIOUS QUESTION: WHAT IT The SPEAKER pro tempore. The Ros-Lehtinen Stutzman Young (AK) REALLY MEANS question is on ordering the previous Roskam Terry Young (IN) Ross Thompson (PA) This vote, the vote on whether to order the question. previous question on a special rule, is not The question was taken; and the NAYS—194 merely a procedural vote. A vote against or- Speaker pro tempore announced that Andrews Green, Al Negrete McLeod dering the previous question is a vote the ayes appeared to have it. Barber Green, Gene Nolan against the Republican majority agenda and Ms. SLAUGHTER. Madam Speaker, Barrow (GA) Grijalva O’Rourke a vote to allow the Democratic minority to Bass Gutie´rrez Owens offer an alternative plan. It is a vote about on that I demand the yeas and nays. Beatty Hahn Pallone what the House should be debating. The yeas and nays were ordered. Becerra Hanabusa Pascrell Mr. Clarence Cannon’s Precedents of the The SPEAKER pro tempore. Pursu- Bera (CA) Hastings (FL) Pastor (AZ) Bishop (GA) Heck (WA) Payne House of Representatives (VI, 308–311), de- ant to clause 8 and clause 9 of rule XX, Bishop (NY) Higgins scribes the vote on the previous question on Pelosi this 15-minute vote on ordering the Bonamici Himes Perlmutter the rule as ‘‘a motion to direct or control the Brady (PA) Hinojosa previous question will be followed by 5- Peters (CA) Braley (IA) Holt consideration of the subject before the House Peters (MI) minute votes on adoption of House Res- Brown (FL) Honda being made by the Member in charge.’’ To Peterson olution 465, if ordered, and approval of Brownley (CA) Horsford defeat the previous question is to give the Pingree (ME) opposition a chance to decide the subject be- the Journal. Bustos Hoyer Butterfield Huffman Pocan fore the House. Cannon cites the Speaker’s The vote was taken by electronic de- Capps Israel Polis ruling of January 13, 1920, to the effect that vice, and there were—yeas 222, nays Capuano Jackson Lee Price (NC) ‘‘the refusal of the House to sustain the de- 194, not voting 15, as follows: Ca´ rdenas Jeffries Quigley mand for the previous question passes the Carney Johnson (GA) Rahall [Roll No. 26] control of the resolution to the opposition’’ Carson (IN) Johnson, E. B. Rangel Richmond in order to offer an amendment. On March YEAS—222 Cartwright Kaptur Castor (FL) Keating Roybal-Allard 15, 1909, a member of the majority party of- Aderholt Duffy Johnson (OH) Castro (TX) Kelly (IL) Ruiz Amash Duncan (SC) fered a rule resolution. The House defeated Johnson, Sam Chu Kennedy Ryan (OH) Bachmann Duncan (TN) the previous question and a member of the Jordan Cicilline Kildee Sa´ nchez, Linda Bachus Ellmers opposition rose to a parliamentary inquiry, Joyce Clark (MA) Kilmer T. Barletta Farenthold asking who was entitled to recognition. Kelly (PA) Clarke (NY) Kind Sarbanes Barr Fincher King (IA) Cleaver Kirkpatrick Schakowsky Speaker Joseph G. Cannon (R–Illinois) said: Barton Fitzpatrick King (NY) Clyburn Kuster Schiff ‘‘The previous question having been refused, Benishek Fleischmann Kingston Cohen Langevin Schneider the gentleman from New York, Mr. Fitz- Bentivolio Fleming Kinzinger (IL) Connolly Larsen (WA) Schrader Bilirakis Flores Kline gerald, who had asked the gentleman to Conyers Larson (CT) Schwartz Bishop (UT) Forbes Labrador yield to him for an amendment, is entitled to Cooper Lee (CA) Scott (VA) Black Fortenberry the first recognition.’’ LaMalfa Costa Levin Blackburn Foxx Scott, David The Republican majority may say ‘‘the Lamborn Courtney Lewis Boustany Franks (AZ) Serrano Lance Crowley Lipinski vote on the previous question is simply a Brady (TX) Frelinghuysen Sewell (AL) Lankford Cuellar Loebsack vote on whether to proceed to an immediate Bridenstine Gardner Shea-Porter Latham Cummings Lofgren vote on adopting the resolution . . . [and] Brooks (AL) Garrett Sherman Latta Davis (CA) Lowenthal Brooks (IN) Gerlach Sinema has no substantive legislative or policy im- LoBiondo Davis, Danny Lowey Broun (GA) Gibbs Sires plications whatsoever.’’ But that is not what Long DeFazio Lujan Grisham Buchanan Gibson Slaughter they have always said. Listen to the Repub- Lucas DeGette (NM) Bucshon Gingrey (GA) Smith (WA) lican Leadership Manual on the Legislative Luetkemeyer Delaney Luja´ n, Ben Ray Burgess Gohmert Speier Lummis DeLauro (NM) Process in the United States House of Rep- Byrne Goodlatte Swalwell (CA) Marchant DelBene Lynch resentatives, (6th edition, page 135). Here’s Calvert Gosar Takano Marino Deutch Maffei how the Republicans describe the previous Camp Gowdy Thompson (CA) Massie Dingell Maloney, Cantor Granger Thompson (MS) question vote in their own manual: ‘‘Al- McAllister Doggett Carolyn Capito Graves (GA) Tierney though it is generally not possible to amend McCarthy (CA) Doyle Maloney, Sean Carter Graves (MO) the rule because the majority Member con- McCaul Duckworth Matheson Titus Cassidy Griffin (AR) trolling the time will not yield for the pur- McClintock Edwards Matsui Tonko Chabot Griffith (VA) McHenry Ellison McCollum Tsongas pose of offering an amendment, the same re- Chaffetz Grimm McKeon Engel McDermott Van Hollen sult may be achieved by voting down the pre- Coble Guthrie McKinley Enyart McGovern Vargas vious question on the rule. . . . When the Coffman Hall McMorris Eshoo McIntyre Veasey Cole Hanna motion for the previous question is defeated, Rodgers Esty McNerney Vela Collins (GA) Harper control of the time passes to the Member Meadows Farr Meeks Vela´ zquez Collins (NY) Harris who led the opposition to ordering the pre- Meehan Fattah Meng Visclosky Conaway Hartzler vious question. That Member, because he Messer Foster Michaud Walz Cook Hastings (WA) Mica Frankel (FL) Miller, George Wasserman then controls the time, may offer an amend- Cotton Heck (NV) Miller (MI) Fudge Moore Schultz ment to the rule, or yield for the purpose of Cramer Hensarling Miller, Gary Gabbard Moran Waters amendment.’’ Crawford Herrera Beutler Mullin Gallego Murphy (FL) Waxman Crenshaw Holding In Deschler’s Procedure in the U.S. House Mulvaney Garamendi Nadler Welch Culberson Hudson of Representatives, the subchapter titled Murphy (PA) Garcia Napolitano Wilson (FL) Daines Huelskamp Neugebauer ‘‘Amending Special Rules’’ states: ‘‘a refusal Grayson Neal Yarmuth to order the previous question on such a rule Davis, Rodney Huizenga (MI) Noem Denham Hultgren Nugent NOT VOTING—15 [a special rule reported from the Committee Dent Hunter Nunes Amodei Clay Miller (FL) on Rules] opens the resolution to amend- DeSantis Hurt Nunnelee Blumenauer Jones Pitts ment and further debate.’’ (Chapter 21, sec- DesJarlais Issa Olson Campbell McCarthy (NY) Rogers (MI) tion 21.2) Section 21.3 continues: ‘‘Upon re- Diaz-Balart Jenkins Palazzo

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1458 CONGRESSIONAL RECORD — HOUSE January 28, 2014 Runyan Rush Tipton Terry Walden Wolf agreeing to the Speaker’s approval of Ruppersberger Sanchez, Loretta Westmoreland Thompson (PA) Walorski Womack the Journal, on which the yeas and Thornberry Weber (TX) Woodall nays were ordered. b 1452 Tiberi Webster (FL) Yoder Turner Wenstrup Yoho The question is on the Speaker’s ap- Messrs. PASCRELL and CASTRO of Upton Whitfield Young (AK) proval of the Journal. Valadao Williams Young (IN) Texas changed their vote from ‘‘yea’’ Wagner Wilson (SC) This is a 5-minute vote. to ‘‘nay.’’ Walberg Wittman The vote was taken by electronic de- So the previous question was ordered. NAYS—192 vice, and there were—yeas 260, nays The result of the vote was announced 142, answered ‘‘present’’ 3, not voting Andrews Grayson Negrete McLeod as above recorded. Barber Green, Al Nolan 26, as follows: The SPEAKER pro tempore. The Barrow (GA) Green, Gene O’Rourke [Roll No. 28] Bass Grijalva question is on the resolution. Owens YEAS—260 The question was taken; and the Beatty Gutie´rrez Pallone Becerra Hahn Pascrell Aderholt Gallego Michaud Speaker pro tempore announced that Bera (CA) Hanabusa Pastor (AZ) Bachmann Garrett Miller (MI) the ayes appeared to have it. Bishop (GA) Hastings (FL) Payne Barber Gerlach Miller, Gary Ms. SLAUGHTER. Madam Speaker, Bishop (NY) Heck (WA) Pelosi Barletta Gibbs Moran on that I demand the yeas and nays. Bonamici Higgins Perlmutter Barrow (GA) Gingrey (GA) Mullin Brady (PA) Himes Peters (CA) Beatty Goodlatte Murphy (FL) The yeas and nays were ordered. Braley (IA) Hinojosa Peters (MI) Becerra Gosar Murphy (PA) The SPEAKER pro tempore. This is a Brown (FL) Holt Peterson Bera (CA) Gowdy Nadler 5-minute vote. Brownley (CA) Honda Pingree (ME) Bilirakis Granger Napolitano Bustos Horsford Bishop (GA) Graves (GA) Noem The vote was taken by electronic de- Pocan Butterfield Hoyer Polis Bishop (UT) Grayson Nunes vice, and there were—yeas 224, nays Capps Huffman Price (NC) Black Griffith (VA) Nunnelee 192, not voting 15, as follows: Capuano Israel Quigley Blackburn Grimm O’Rourke Ca´ rdenas Jackson Lee Bonamici Guthrie Olson [Roll No. 27] Rahall Carney Jeffries Rangel Boustany Hahn Pascrell YEAS—224 Carson (IN) Johnson (GA) Richmond Bridenstine Hanabusa Pelosi Cartwright Johnson, E. B. Brooks (AL) Harper Perlmutter Aderholt Gibbs McMorris Roybal-Allard Castor (FL) Kaptur Brooks (IN) Harris Petri Amash Rodgers Ruiz Gibson Castro (TX) Keating Brown (FL) Hastings (FL) Pingree (ME) Bachus Meadows Ryan (OH) Gingrey (GA) Chu Kelly (IL) Brownley (CA) Hastings (WA) Polis Barletta Meehan Sa´ nchez, Linda Gohmert Cicilline Kennedy Buchanan Heck (WA) Pompeo Barr Messer T. Goodlatte Clark (MA) Kildee Bustos Hensarling Posey Barton Mica Sarbanes Gosar Clarke (NY) Kilmer Butterfield Higgins Price (NC) Benishek Miller (MI) Schakowsky Gowdy Cleaver Kind Byrne Himes Quigley Bentivolio Miller, Gary Schiff Granger Clyburn Kirkpatrick Calvert Hinojosa Rangel Bilirakis Mullin Schneider Graves (GA) Cohen Kuster Camp Holt Reichert Bishop (UT) Mulvaney Schrader Graves (MO) Connolly Langevin Cantor Horsford Ribble Black Murphy (PA) Schwartz Griffin (AR) Conyers Larsen (WA) Capito Huelskamp Rice (SC) Blackburn Neugebauer Scott (VA) Griffith (VA) Cooper Larson (CT) Capps Huffman Roby Boustany Noem Scott, David Grimm Costa Lee (CA) Carney Hultgren Roe (TN) Brady (TX) Nugent Guthrie Courtney Levin Serrano Carson (IN) Hurt Rogers (KY) Bridenstine Nunes Hall Crowley Lewis Sewell (AL) Carter Issa Rohrabacher Brooks (AL) Nunnelee Hanna Cuellar Loebsack Shea-Porter Cartwright Jackson Lee Rokita Brooks (IN) Olson Harper Cummings Lofgren Sherman Cassidy Johnson (GA) Rooney Broun (GA) Palazzo Harris Davis (CA) Lowenthal Sinema Castro (TX) Johnson, E. B. Roskam Buchanan Paulsen Hartzler Davis, Danny Lowey Sires Chabot Johnson, Sam Ross Bucshon Pearce Hastings (WA) DeFazio Lujan Grisham Slaughter Chu Kaptur Rothfus Burgess Perry Heck (NV) DeGette (NM) Smith (WA) Cicilline Kelly (IL) Roybal-Allard Byrne Petri Hensarling Delaney Luja´ n, Ben Ray Speier Clark (MA) Kennedy Royce Calvert Pittenger Herrera Beutler DeLauro (NM) Swalwell (CA) Clarke (NY) Kildee Ruiz Camp Pitts Holding DelBene Lynch Takano Cleaver King (IA) Ryan (WI) Cantor Poe (TX) Hudson Deutch Maffei Thompson (CA) Coble King (NY) Salmon Capito Pompeo Huelskamp Dingell Maloney, Thompson (MS) Cole Kingston Sanford Carter Posey Huizenga (MI) Doggett Carolyn Tierney Collins (NY) Kline Scalise Cassidy Price (GA) Hultgren Doyle Maloney, Sean Titus Conaway Kuster Schiff Chabot Reed Hunter Duckworth Matheson Tonko Conyers LaMalfa Schneider Chaffetz Reichert Hurt Edwards Matsui Tsongas Cook Lamborn Schock Coble Renacci Issa Ellison McCollum Van Hollen Cooper Langevin Schwartz Coffman Ribble Jenkins Engel McDermott Vargas Cramer Lankford Schweikert Cole Rice (SC) Johnson (OH) Enyart McGovern Veasey Crawford Larsen (WA) Scott (VA) Collins (GA) Rigell Johnson, Sam Eshoo McNerney Vela Crenshaw Latham Scott, Austin Collins (NY) Roby Jordan Esty Meeks Vela´ zquez Cuellar Latta Scott, David Conaway Roe (TN) Joyce Farr Meng Visclosky Culberson Lipinski Sensenbrenner Cook Rogers (AL) Fattah Michaud Walz Daines Loebsack Serrano Cotton Kelly (PA) Rogers (KY) Foster Miller, George Wasserman Davis (CA) Lofgren Sessions Cramer King (IA) Rohrabacher Frankel (FL) Moore Schultz Davis, Danny Long Sewell (AL) Crawford King (NY) Rokita Fudge Moran Waters DeGette Lowenthal Shea-Porter Crenshaw Kingston Rooney Gabbard Murphy (FL) Waxman Delaney Lucas Sherman Culberson Kinzinger (IL) Ros-Lehtinen Gallego Nadler Welch DeLauro Luetkemeyer Shimkus Daines Kline Roskam Garamendi Napolitano Wilson (FL) DelBene Lujan Grisham Shuster Davis, Rodney Labrador Ross Garcia Neal Yarmuth Dent (NM) Simpson Denham LaMalfa Rothfus DesJarlais Luja´ n, Ben Ray Sinema Dent Lamborn Royce NOT VOTING—15 Deutch (NM) Smith (NE) DeSantis Lance Ryan (WI) Amodei Jones Ruppersberger Diaz-Balart Maloney, Smith (NJ) DesJarlais Lankford Salmon Bachmann McCarthy (NY) Rush Dingell Carolyn Smith (TX) Diaz-Balart Latham Sanford Blumenauer Miller (FL) Sanchez, Loretta Doggett Marino Smith (WA) Duffy Latta Scalise Campbell Rogers (MI) Tipton Doyle Massie Southerland Duncan (SC) Lipinski Schock Clay Runyan Westmoreland Duncan (SC) McAllister Speier Duncan (TN) LoBiondo Schweikert Duncan (TN) McCarthy (CA) Stewart Ellmers Long Scott, Austin 1502 Ellison McCaul Stutzman Farenthold Lucas Sensenbrenner b Enyart McClintock Swalwell (CA) Fincher Luetkemeyer Sessions So the resolution was agreed to. Eshoo McHenry Takano Fitzpatrick Lummis Shimkus The result of the vote was announced Esty McIntyre Thornberry Fleischmann Marchant Shuster Farr McKeon Tierney Fleming Marino Simpson as above recorded. Fincher McKinley Tonko Flores Massie Smith (MO) A motion to reconsider was laid on Fleischmann McMorris Tsongas Forbes McAllister Smith (NE) the table. Fleming Rodgers Turner Fortenberry McCarthy (CA) Smith (NJ) Fortenberry McNerney Van Hollen Foxx McCaul Smith (TX) f Foster Meadows Vargas Franks (AZ) McClintock Southerland Frankel (FL) Meeks Vela´ zquez Frelinghuysen McHenry Stewart THE JOURNAL Franks (AZ) Meng Wagner Gardner McIntyre Stivers Frelinghuysen Messer Walden Garrett McKeon Stockman The SPEAKER pro tempore. The un- Gabbard Mica Walorski Gerlach McKinley Stutzman finished business is the question on

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1459 Walz Wenstrup Womack NO TAXPAYER FUNDING FOR pended for health benefits coverage that in- Wasserman Whitfield Yarmuth ABORTION AND ABORTION IN- cludes coverage of abortion. Schultz Williams Yoho Waxman Wilson (FL) Young (IN) SURANCE FULL DISCLOSURE ‘‘§ 303. Limitation on Federal facilities and Webster (FL) Wilson (SC) ACT OF 2014 employees Welch Wolf ‘‘No health care service furnished— Mrs. BLACKBURN. Madam Speaker, ‘‘(1) by or in a health care facility owned or NAYS—142 pursuant to House Resolution 465, I call operated by the Federal Government; or Amash Green, Gene Palazzo up the bill (H.R. 7) to prohibit taxpayer ‘‘(2) by any physician or other individual em- Andrews Griffin (AR) Pallone funded abortions, and ask for its imme- ployed by the Federal Government to provide Bachus Gutie´rrez Pastor (AZ) diate consideration in the House. health care services within the scope of the phy- Barr Hall Paulsen sician’s or individual’s employment, Barton Hanna The Clerk read the title of the bill. Pearce may include abortion. Bass Hartzler Perry The SPEAKER pro tempore. Pursu- Benishek Heck (NV) Peters (CA) ant to House Resolution 465, an amend- ‘‘§ 304. Construction relating to separate cov- Bentivolio Herrera Beutler Peters (MI) ment in the nature of a substitute con- erage Bishop (NY) Holding Peterson sisting of the text of Rules Committee ‘‘Nothing in this chapter shall be construed as Brady (PA) Honda Pittenger Braley (IA) Hoyer Print 113–33 is adopted, and the bill, as prohibiting any individual, entity, or State or Pitts locality from purchasing separate abortion cov- Broun (GA) Hudson Poe (TX) amended, is considered read. Bucshon Huizenga (MI) Price (GA) erage or health benefits coverage that includes Burgess Hunter The text of the bill, as amended, is as abortion so long as such coverage is paid for en- Rahall follows: Capuano Israel Reed tirely using only funds not authorized or appro- Ca´ rdenas Jeffries Renacci H.R. 7 priated by Federal law and such coverage shall Castor (FL) Jenkins Richmond not be purchased using matching funds required Chaffetz Johnson (OH) Be it enacted by the Senate and House of Rep- Rigell Clyburn Jordan resentatives of the United States of America for a federally subsidized program, including a Rogers (AL) Coffman Joyce in Congress assembled, State’s or locality’s contribution of Medicaid Ros-Lehtinen Cohen Keating matching funds. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Collins (GA) Kelly (PA) Ryan (OH) ´ ‘‘§ 305. Construction relating to the use of non- Connolly Kilmer Sanchez, Linda (a) SHORT TITLE.—This Act may be cited as Costa Kind T. the ‘‘No Taxpayer Funding for Abortion and Federal funds for health coverage Cotton Kinzinger (IL) Sarbanes Abortion Insurance Full Disclosure Act of ‘‘Nothing in this chapter shall be construed as Courtney Kirkpatrick Schakowsky 2014’’. restricting the ability of any non-Federal health Sires Crowley Lance (b) TABLE OF CONTENTS.—The table of con- benefits coverage provider from offering abor- Cummings Larson (CT) Slaughter Smith (MO) tents of this Act is as follows: tion coverage, or the ability of a State or local- Davis, Rodney Lee (CA) ity to contract separately with such a provider DeFazio Levin Stivers Sec. 1. Short title; table of contents. for such coverage, so long as only funds not au- Denham Lewis Stockman TITLE I—PROHIBITING FEDERALLY Terry thorized or appropriated by Federal law are DeSantis LoBiondo FUNDED ABORTIONS Duckworth Lowey Thompson (CA) used and such coverage shall not be purchased Duffy Lummis Thompson (MS) Sec. 101. Prohibiting taxpayer funded abor- using matching funds required for a federally Edwards Lynch Thompson (PA) tions. subsidized program, including a State’s or local- Ellmers Maffei Tiberi Sec. 102. Amendment to table of chapters. ity’s contribution of Medicaid matching funds. Upton Farenthold Maloney, Sean TITLE II—APPLICATION UNDER THE Fattah Marchant Valadao ‘‘§ 306. Non-preemption of other Federal laws AFFORDABLE CARE ACT Fitzpatrick Matheson Veasey ‘‘Nothing in this chapter shall repeal, amend, Flores Matsui Vela Sec. 201. Clarifying application of prohibition or have any effect on any other Federal law to Forbes McDermott Visclosky to premium credits and cost-shar- the extent such law imposes any limitation on Foxx McGovern Walberg ing reductions under ACA. the use of funds for abortion or for health bene- Fudge Miller, George Waters Sec. 202. Revision of notice requirements re- Weber (TX) fits coverage that includes coverage of abortion, Garamendi Moore garding disclosure of extent of Garcia Mulvaney Wittman beyond the limitations set forth in this chapter. health plan coverage of abortion Gibson Neal Woodall ‘‘§ 307. Construction relating to complications and abortion premium surcharges. Graves (MO) Negrete McLeod Yoder arising from abortion Green, Al Nolan Young (AK) TITLE I—PROHIBITING FEDERALLY ‘‘Nothing in this chapter shall be construed to FUNDED ABORTIONS ANSWERED ‘‘PRESENT’’—3 apply to the treatment of any infection, injury, SEC. 101. PROHIBITING TAXPAYER FUNDED disease, or disorder that has been caused by or Gohmert Grijalva Payne ABORTIONS. exacerbated by the performance of an abortion. Title 1, United States Code is amended by NOT VOTING—26 This rule of construction shall be applicable adding at the end the following new chapter: without regard to whether the abortion was per- Amodei McCarthy (NY) Runyan ‘‘CHAPTER 4—PROHIBITING TAXPAYER formed in accord with Federal or State law, and Blumenauer McCollum Ruppersberger Brady (TX) Meehan Rush FUNDED ABORTIONS without regard to whether funding for the abor- Campbell Miller (FL) Sanchez, Loretta ‘‘301. Prohibition on funding for abortions. tion is permissible under section 308. Clay Neugebauer Schrader ‘‘302. Prohibition on funding for health benefits ‘‘§ 308. Treatment of abortions related to rape, Engel Nugent Tipton plans that cover abortion. incest, or preserving the life of the mother Gardner Owens Titus ‘‘303. Limitation on Federal facilities and em- ‘‘The limitations established in sections 301, Jones Pocan Westmoreland Labrador Rogers (MI) ployees. 302, and 303 shall not apply to an abortion— ‘‘304. Construction relating to separate cov- ‘‘(1) if the pregnancy is the result of an act of erage. rape or incest; or b 1509 ‘‘305. Construction relating to the use of non- ‘‘(2) in the case where a woman suffers from Federal funds for health cov- a physical disorder, physical injury, or physical So the Journal was approved. erage. illness that would, as certified by a physician, The result of the vote was announced ‘‘306. Non-preemption of other Federal laws. place the woman in danger of death unless an as above recorded. ‘‘307. Construction relating to complications abortion is performed, including a life-endan- arising from abortion. gering physical condition caused by or arising ‘‘308. Treatment of abortions related to rape, in- from the pregnancy itself. f cest, or preserving the life of the ‘‘§ 309. Application to District of Columbia mother. REMOVAL OF NAME OF MEMBER ‘‘309. Application to District of Columbia. ‘‘In this chapter: ‘‘(1) Any reference to funds appropriated by ‘‘§ 301. Prohibition on funding for abortions AS COSPONSOR OF H.R. 1094 Federal law shall be treated as including any ‘‘No funds authorized or appropriated by Fed- Mr. MEEHAN. Madam Speaker, I ask amounts within the budget of the District of Co- eral law, and none of the funds in any trust lumbia that have been approved by Act of Con- unanimous consent that the name of fund to which funds are authorized or appro- gress pursuant to section 446 of the District of the gentleman from Minnesota (Mr. priated by Federal law, shall be expended for Columbia Home Rule Act (or any applicable suc- PAULSEN) be removed as a cosponsor of any abortion. cessor Federal law). H.R. 1094. ‘‘§ 302. Prohibition on funding for health bene- ‘‘(2) The term ‘Federal Government’ includes The SPEAKER pro tempore (Ms. fits plans that cover abortion the government of the District of Columbia.’’. SEC. 102. AMENDMENT TO TABLE OF CHAPTERS. FOXX). Is there objection to the request ‘‘None of the funds authorized or appro- of the gentleman from Pennsylvania? priated by Federal law, and none of the funds The table of chapters for title 1, United States in any trust fund to which funds are authorized Code, is amended by adding at the end the fol- There was no objection. or appropriated by Federal law, shall be ex- lowing new item:

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 6333 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1460 CONGRESSIONAL RECORD — HOUSE January 28, 2014 ‘‘4. Prohibiting taxpayer funded abortions (b) APPLICATION TO MULTI-STATE PLANS.— I come in support of H.R. 7, the No 301’’. Paragraph (6) of section 1334(a) of Public Law Taxpayer Funding for Abortion and TITLE II—APPLICATION UNDER THE 111–148 (42 U.S.C. 18054(a)) is amended to read Abortion Insurance Full Disclosure AFFORDABLE CARE ACT as follows: ‘‘(6) COVERAGE CONSISTENT WITH FEDERAL Act. SEC. 201. CLARIFYING APPLICATION OF PROHIBI- TION TO PREMIUM CREDITS AND ABORTION POLICY.—In entering into contracts This legislation is written with the COST-SHARING REDUCTIONS UNDER under this subsection, the Director shall ensure same simple principle that has been ACA. that no multi-State qualified health plan offered supported on a bipartisan basis for dec- (a) IN GENERAL.— in an Exchange provides health benefits cov- ades. No taxpayer dollars should be (1) DISALLOWANCE OF REFUNDABLE CREDIT erage for which the expenditure of Federal AND COST-SHARING REDUCTIONS FOR COVERAGE funds is prohibited under chapter 4 of title 1, spent on abortions and abortion cov- UNDER QUALIFIED HEALTH PLAN WHICH PROVIDES United States Code.’’. erage. H.R. 7 establishes a permanent COVERAGE FOR ABORTION.— (c) EFFECTIVE DATE.—The amendments made by Governmentwide prohibition on tax- (A) IN GENERAL.—Subparagraph (A) of section subsection (a) shall apply to taxable years end- payer subsidies for abortion. 36B(c)(3) of the Internal Revenue Code of 1986 is ing after December 31, 2014, but only with re- amended by inserting before the period at the spect to plan years beginning after such date, This bill is all the more necessary be- end the following: ‘‘or any health plan that in- and the amendment made by subsection (b) shall cause of the President’s health care cludes coverage for abortions (other than any apply to plan years beginning after such date. law and its attack on this long-stand- abortion or treatment described in section 307 or SEC. 202. REVISION OF NOTICE REQUIREMENTS ing protection of taxpayer dollars. For 308 of title 1, United States Code)’’. REGARDING DISCLOSURE OF EX- example, the health care law’s pre- (B) OPTION TO PURCHASE OR OFFER SEPARATE TENT OF HEALTH PLAN COVERAGE mium subsidies can be used to purchase COVERAGE OR PLAN.—Paragraph (3) of section OF ABORTION AND ABORTION PRE- 36B(c) of such Code is amended by adding at the MIUM SURCHARGES. coverage on exchanges that include end the following new subparagraph: (a) IN GENERAL.—Paragraph (3) of section coverage of abortion. ‘‘(C) SEPARATE ABORTION COVERAGE OR PLAN 1303(b) of Public Law 111–148 (42 U.S.C. 18023(b)) is amended to read as follows: The ACA breaks with the tradition of ALLOWED.— the Hyde Amendment, which has en- ‘‘(i) OPTION TO PURCHASE SEPARATE COVERAGE ‘‘(3) RULES RELATING TO NOTICE.— ‘‘(A) IN GENERAL.—The extent of coverage (if OR PLAN.—Nothing in subparagraph (A) shall be sured that Federal dollars do not sub- any) of services described in paragraph (1)(B)(i) construed as prohibiting any individual from sidize plans that cover abortion. or (1)(B)(ii) by a qualified health plan shall be purchasing separate coverage for abortions de- disclosed to enrollees at the time of enrollment scribed in such subparagraph, or a health plan in the plan and shall be prominently displayed b 1515 that includes such abortions, so long as no cred- in any marketing or advertising materials, com- it is allowed under this section with respect to The bill before us would simply cod- parison tools, or summary of benefits and cov- the premiums for such coverage or plan. erage explanation made available with respect ify the Hyde amendment language so it ‘‘(ii) OPTION TO OFFER COVERAGE OR PLAN.— applies across the Federal Government. Nothing in subparagraph (A) shall restrict any to such plan by the issuer of the plan, by an Ex- non-Federal health insurance issuer offering a change, or by the Secretary, including informa- Consumers should also have the right health plan from offering separate coverage for tion made available through an Internet portal to know whether the plans they are se- abortions described in such subparagraph, or a or Exchange under sections 1311(c)(5) and lecting on an exchange include abor- plan that includes such abortions, so long as 1311(d)(4)(C). ‘‘(B) SEPARATE DISCLOSURE OF ABORTION SUR- tion coverage. While the ACA included premiums for such separate coverage or plan are CHARGES.—In the case of a qualified health plan some notification provisions, many of not paid for with any amount attributable to that includes the services described in para- our constituents are simply unable to the credit allowed under this section (or the graph (1)(B)(i) and where the premium for the amount of any advance payment of the credit find out whether a plan is paying for plan is disclosed, including in any marketing or under section 1412 of the Patient Protection and abortions. In fact, this inability to find advertising materials or any other information Affordable Care Act).’’. out whether exchange plans provide referred to in subparagraph (A), the surcharge (2) DISALLOWANCE OF SMALL EMPLOYER abortion coverage seems to extend to HEALTH INSURANCE EXPENSE CREDIT FOR PLAN described in paragraph (2)(B)(i)(II) that is at- tributable to such services shall also be disclosed the Secretary of Health and Human WHICH INCLUDES COVERAGE FOR ABORTION.— Services. Subsection (h) of section 45R of the Internal and identified separately.’’. (b) EFFECTIVE DATE.—The amendment made by Revenue Code of 1986 is amended— In October of last year, Secretary (A) by striking ‘‘Any term’’ and inserting the subsection (a) shall apply to materials, tools, or Sebelius committed in testimony be- other information made available more than 30 following: fore the Energy and Commerce Com- ‘‘(1) IN GENERAL.—Any term’’; and days after the date of the enactment of this Act. (B) by adding at the end the following new The SPEAKER pro tempore. The bill mittee to provide the Congress and the paragraph: shall be debatable 1 hour equally di- American people a full list of exchange ‘‘(2) EXCLUSION OF HEALTH PLANS INCLUDING vided among and controlled by the plans providing abortion coverage. She COVERAGE FOR ABORTION.— was asked again to provide this list in ‘‘(A) IN GENERAL.—The term ‘qualified health chair and ranking minority member of the Committee on the Judiciary, the December. Yet we are still waiting as plan’ does not include any health plan that in- the days tick by. We do not have this cludes coverage for abortions (other than any Committee on Ways and Means, and abortion or treatment described in section 307 or the Committee on Energy and Com- list. 308 of title 1, United States Code). merce. The self-appointed most transparent ‘‘(B) SEPARATE ABORTION COVERAGE OR PLAN The gentleman from Virginia (Mr. administration in history is simply ei- ALLOWED.— GOODLATTE), the gentleman from ther unwilling or unable to comply ‘‘(i) OPTION TO PURCHASE SEPARATE COVERAGE Michigan (Mr. CONYERS), the gentle- OR PLAN.—Nothing in subparagraph (A) shall be with this request. This is why we have construed as prohibiting any employer from pur- woman from Kansas (Ms. JENKINS), the added provisions of the Abortion Insur- chasing for its employees separate coverage for gentleman from New York (Mr. CROW- ance Full Disclosure Act. This would abortions described in such subparagraph, or a LEY), the gentlewoman from Tennessee ensure Americans have the right to health plan that includes such abortions, so (Mrs. BLACKBURN), and the gentle- know whether plans on the exchange long as no credit is allowed under this section woman from California (Mrs. CAPPS) are providing abortion coverage. This with respect to the employer contributions for each will control 10 minutes. bill is about protecting taxpayer dol- such coverage or plan. The Chair recognizes the gentle- lars and protecting life. It also ensures ‘‘(ii) OPTION TO OFFER COVERAGE OR PLAN.— woman from Tennessee (Mrs. BLACK- Nothing in subparagraph (A) shall restrict any we have at least some transparency BURN). non-Federal health insurance issuer offering a under the President’s health care law. health plan from offering separate coverage for GENERAL LEAVE Mrs. BLACKBURN. Madam Speaker, I urge my colleagues to support this abortions described in such subparagraph, or a bill, and I reserve the balance of my plan that includes such abortions, so long as I ask unanimous consent that all Mem- such separate coverage or plan is not paid for bers may have 5 legislative days to re- time. with any employer contribution eligible for the vise and extend their remarks and to Mrs. CAPPS. Madam Speaker, I yield credit allowed under this section.’’. include extraneous material on H.R. 7. myself such time as I may consume. (3) CONFORMING ACA AMENDMENTS.—Section The SPEAKER pro tempore. Is there 1303(b) of Public Law 111–148 (42 U.S.C. I rise to speak in opposition to H.R. objection to the request of the gentle- 7. 18023(b)) is amended— woman from Tennessee? (A) by striking paragraph (2); H.R. 7 is not based on fact. The Af- (B) by striking paragraph (3), as amended by There was no objection. section 202(a); and Mrs. BLACKBURN. Madam Speaker, fordable Care Act does not secretly (C) by redesignating paragraph (4) as para- I yield myself such time as I may con- funnel taxpayer dollars to fund abor- graph (2). sume. tions, and it is not based on the real

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1461 experiences of American women and licans are coming in and saying we far out of touch Republicans in Wash- families. They want to make their own have got to make sure that no tax- ington are. Instead of focusing on the personal health care decisions in con- payer’s money is going to be used to economy and job creation, my col- sultation with their doctors and their pay for any insurance that might pro- leagues on the other side of the aisle spiritual advisors, not with their Con- vide abortions. would rather focus on legislation that gressmen. The law—the Affordable Care Act— puts access to reproductive health care Instead, this bill would squarely put provides that, if you get an insurance in danger and undermines a woman’s the government, namely the IRS, in policy on the exchange, you can choose right to choose. the exam room by effectively raising a policy that does not provide abortion On December 28, unemployment in- the taxes of those who choose an insur- coverage, but if you choose a policy surance expired for Americans still ance plan that happens to cover abor- that has abortion coverage, that por- struggling to find work. Meanwhile, tion services. That includes hard- tion of the policy must be paid by the Democrats have a bill that would raise working men, women, and families who purchaser, not the government. the minimum wage to $10.10 an hour, would be penalized, and it would bur- So this is, in fact, like all we do generating economic activity, creating den small businesses, making each one around here, which is propaganda. It is jobs, and growing the middle class. second-guess its current insurance politics. The Republicans try to make These should be the priorities of the plan. It would make them change their people believe that taxpayers’ dollars House of Representatives, not this coverage if they want to keep their are being used to pay for abortions. It phony bill before us. This legislation is health insurance coverage affordable. is not true. This bill is bad in sub- an unprecedented, radical assault on Simply put, H.R. 7 would dictate what stance. It is an unfortunate bill that women’s health care. I strongly urge individuals can do with their own pri- tries to interfere with the ability of my colleagues to vote ‘‘no.’’ vate dollars. people to buy with their own money a Mrs. BLACKBURN. Madam Speaker, Instead of this cynical attack on policy that may cover abortion serv- I yield 1 minute to the gentleman from women’s personal decisionmaking, we ices, which is a legal medical service. Indiana (Mr. STUTZMAN), who has been should be empowering our Nation’s Mrs. BLACKBURN. Madam Speaker, such an advocate on our life issues. families by focusing on the economy, I yield 1 minute to the gentlelady from Mr. STUTZMAN. I thank the gentle- lady for yielding and for her hard work by strengthening the middle class, and North Carolina (Mrs. ELLMERS), who is on this very important issue. by helping parents provide the best for a member of the Energy and Commerce Madam Speaker, I am humbled to their kids. It is really time to stop re- Committee. join my pro-life colleagues here on the Mrs. ELLMERS. Thank you to my verting back to the culture wars and to House floor and, more importantly, the start trusting our Nation’s women, our distinguished colleague. Madam Speaker, I rise today in sup- millions of pro-life Americans across Nation’s families and small businesses the country. port of H.R. 7, the No Taxpayer Fund- to make their own personal health care Although this debate is often clouded ing for Abortion Act, of which I am a decisions. by empty euphemisms like ‘‘choice,’’ I reserve the balance of my time. proud cosponsor. I am here today for we cannot forget the human element at Mrs. BLACKBURN. Madam Speaker, those who cannot speak for themselves. the heart of this issue. This isn’t about The premise of this legislation is at this time, I yield 1 minute to the abstract concepts. This is about babies, nothing new. It simply continues the gentlelady from Minnesota (Mrs. BACH- the most vulnerable members of our so- MANN). longstanding prohibition of using tax- ciety. At the same time, we must show Mrs. BACHMANN. Madam Speaker, payer dollars to pay for abortions. Re- compassion and offer help to those we were told over and over again: if gardless of whether you are pro-life or struggling through what seems like an you like your health insurance plan, not, most Americans recognize that it impossible circumstance; and, as civ- you can keep it. We all found out that is unfair to force every American in ilized people, we ought to prevent tax- that wasn’t true. I will never forget on this country to subsidize abortion. This payer dollars from subsidizing the the day that ObamaCare passed—I was is, however, exactly what ObamaCare senseless destruction of innocent lives here in this Chamber—we were prom- does. It has allowed taxpayer subsidies once and for all. After all, we are a Na- ised by the President of the United for health care plans that cover elec- tion founded to protect life, liberty, States that, not only would the tax- tive abortions. H.R. 7 is as much about and the pursuit of happiness. Today, we payers of this country not be forced to protecting the taxpayer as it is about have an opportunity to do exactly that pay for other people’s abortions, but protecting the unborn. with commonsense legislation. Mil- that abortion would not be a part of I urge my colleagues to make the fair lions of pro-life Americans don’t want ObamaCare. We know today that isn’t choice and to vote ‘‘yes’’ on this bill. their tax dollars used to subsidize abor- true. Abortion is a part of ObamaCare. Mrs. CAPPS. Madam Speaker, I am tions. 1 What is worse is that no matter how now pleased to yield 1 ⁄2 minutes to my I urge my colleagues to support the anyone feels about that issue there is colleague from New Jersey (Mr. PAL- No Taxpayer Funding for Abortion Act. pretty strong agreement that no one LONE), who is the ranking member of Mrs. CAPPS. Madam Speaker, I am should be forced to violate one’s con- the Health Subcommittee of Energy now very pleased to yield 11⁄2 minutes science and pay for other people’s abor- and Commerce. to my colleague from Colorado (Ms. tions and be forced to do that, but that Mr. PALLONE. Madam Speaker, I DEGETTE), a real champion for wom- is the way it is. H.R. 7 makes President rise today in opposition to H.R. 7. This en’s issues. Obama’s promise stand up and ring legislation does nothing but impede Ms. DEGETTE. Madam Speaker, this true, and it is this: that no taxpayer- women’s access to health care in this so-called ‘‘No Taxpayer Funding for funded money ever goes to pay for country and turns the clock back on Abortion Act’’ has got to be the most someone else’s abortion. reproductive rights by 38 years. deceptively named bill of this Con- Couldn’t we unite on this principle? The bill’s sponsors claim it will pre- gress. This is important. vent taxpayer dollars from paying for Here are the facts: Mrs. CAPPS. Madam Speaker, I am abortions. However, we already know There is no taxpayer funding for pleased to yield 11⁄2 minutes to my col- that Federal funds do not go to abor- abortion. The Affordable Care Act does league from California (Mr. WAXMAN), tions except in the limited cases of not change that. Let me say that the ranking member of the Energy and rape, incest, or to save the mother’s again. There is no taxpayer funding for Commerce Committee. life. This bill does not simply codify abortion. The Affordable Care Act does Mr. WAXMAN. I thank you for yield- the Hyde amendment. That is bogus. not change that. ing to me. What this bill does is prohibit millions The ACA contains a hard-fought Madam Speaker, existing law very of American families from using their compromise that guarantees that the clearly states no taxpayers’ money can own money to buy health plans that in- tax credits made available through the fund abortions—that is already the clude abortion coverage. exchanges are segregated out for plans law—with the exception of rape, incest, Madam Speaker, spending time at- that cover certain women’s health ben- or to save a woman’s life. The Repub- tacking women’s health shows just how efits. This bill is an attempt to undo

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1462 CONGRESSIONAL RECORD — HOUSE January 28, 2014 that compromise. It effectively bans to do that. We could be passing the want to intrude in the personal, pri- the coverage of important women’s Healthy Families Act to provide paid vate health care decisions of women health services in the new health insur- sick leave, instead of erecting more and their families. They think they ance exchanges. It restricts the way barriers to women’s ability to protect know best. But how can they? that women can use their own private their health, and yes, including access I trust women and their families to dollars to purchase private insurance. to safe and legal abortions. make their own decisions, not the poli- It says small businesses cannot get tax We should be defeating this legisla- ticians here in Washington, D.C. Re- credits if they choose to use their pri- tion for three reasons: publicans in Congress should respect vate dollars to purchase private insur- First, because women and their doc- our right to privacy. Politicians ance that covers important women’s tors—not politicians—should make shouldn’t be allowed to direct treat- benefits. their health care decisions; ments and oversee diagnoses from It goes far, far beyond the Hyde Secondly, because we should not be Washington, and they shouldn’t unnec- amendment, which prohibits taxpayer undermining access to comprehensive essarily restrict a woman’s health in- funding for most abortions in the an- insurance coverage of women’s health surance coverage and the comprehen- nual appropriations bills. It also, for insurance paid by the insured woman, sive policy that she has paid for. the first time, puts the Hyde amend- not the government; This Republican bill is an unprece- ment into law, and it says women in Third, because we have more pressing dented, radical assault on a woman’s the District of Columbia will not have priorities to address. right to make her own health and the same right to access health serv- It is time that we moved on to things health insurance decisions. It inter- ices as women in other States through- that matter to the American people feres with the relationship between a out this country. and not continue this relentless war on patient and doctor. This bill would not only restrict com- women’s rights. Thankfully, this bill is not going prehensive health care for women; it Mrs. BLACKBURN. Madam Speaker, anywhere after the vote today, but it would also undermine a woman’s right I think it is important to realize over does provide evidence of what Repub- to make her own health care decisions 60 percent of the American people licans in the House believe is the top under her insurance policy with her agree with us on this issue. You can priority for America. own money. Vote ‘‘no.’’ look at survey after survey. They do Is it jobs? No. Is it boosting wages? Mrs. BLACKBURN. Madam Speaker, not want taxpayers funds used for No. Is it improving our schools and at this time, I yield 1 minute to the abortion. higher ed? No. gentleman from North Carolina (Mr. I yield 1 minute to the gentlewoman The Republicans’ top priority today MEADOWS). from Alabama (Mrs. ROBY), joining us is to interfere in the personal lives and Mr. MEADOWS. I thank my col- in this fight to make certain that we health decisions of women across our league from Tennessee for her leader- preserve taxpayer funds, a member of country. ship on this particular issue. the Appropriations Subcommittee. I urge a ‘‘no’’ vote. Mrs. BLACKBURN. Madam Speaker, For far too long, Madam Speaker, I Mrs. ROBY. Madam Speaker, I thank I reserve the balance of my time. was silent on this particular issue. the gentlelady from Tennessee for her Mrs. CAPPS. May I inquire how Some 22 years ago, as we were expect- leadership on this. I have been intrigued at the latest much time is remaining? ing our first child—my wife was preg- The SPEAKER pro tempore. The gen- nant—I began to talk to her about this rhetoric on the so-called ‘‘war on women.’’ I am intrigued because at tlewoman from California has 1 minute particular thing. There my son was remaining, and the gentlewoman from kicking in his mother’s womb, and as some point pro-abortion activists stopped using the word ‘‘abortion.’’ In- Tennessee has 2 minutes remaining. we started to see this, I realized very Mrs. CAPPS. Madam Speaker, H.R. 7 stead of using the ‘‘A’’ word, they use profoundly that not only was it life but is not about taxpayer funding. It is terms like ‘‘women’s health’’ or ‘‘re- that it responded. My son was respond- about what women, families, and small productive rights.’’ It is a clever word ing to my voice and to my touch, and businesses can do with their own game designed to disguise the truth as we saw that, I realized that I had money, their own private dollars, and and build artificial support. After all, been silent for far too long. it is about keeping Congress and the who would be against the health of Regardless of where you are on this IRS out of the doctor’s office. particular issue, we must say some- women? Who would oppose anyone’s Madam Speaker, I urge my col- thing today—the many of us who find right to reproduce? But what about the leagues to start trusting America’s this just appalling that it is even legal baby’s health? What about the unborn women to make their own decisions. today—in allowing taxpayer dollars to child’s ‘‘right’’ to life? I urge my colleagues to vote ‘‘no’’ on be spent. This is something on which They don’t call it abortion anymore this dangerous bill, and I yield back we must stand together. So, for those because people understand what abor- the balance of my time. who can’t speak for themselves, I stand tion is. It is the taking of a life. It is Mrs. BLACKBURN. Madam Speaker, here today, and I urge my colleagues to death where life once existed. It is I yield myself such time as I may con- support this particular legislation. cruel and tragic, and there is no place sume. Mrs. CAPPS. Madam Speaker, I am in the Federal budget for funding it. What an interesting debate we have pleased to yield 11⁄2 minutes to my col- Mrs. CAPPS. I am now pleased to and what a difference we have in phi- 1 league from Illinois (Ms. SCHAKOWSKY). yield 1 ⁄2 minutes to my colleague from losophies as we approach the work of Florida (Ms. CASTOR). b 1530 this Nation. Ms. CASTOR of Florida. I thank my I have found it quite curious, as we Ms. SCHAKOWSKY. Madam Speaker, colleague for yielding time. have some who say we should be talk- my colleagues on the other side of the Madam Speaker, here at the start of ing about how we live better lives and aisle seem to be absolutely obsessed the new year, when Americans are fac- jobs and futures. You know what, with taking away a woman’s right to ing so many challenges in their lives, Madam Speaker? As we talk today, make her own personal health deci- the Republicans are taking us off on what our focus is on is making certain sions with her own money. this cruel tangent. We should be debat- that these precious unborn children do Today, we could be extending unem- ing how to boost wages across this have that right to life, to liberty, to ployment benefits to 1.6 million Ameri- country, how to better educate our the pursuit of happiness. Yes, indeed. cans. Instead, we are considering legis- children, and how to ensure that every- Today, let me just clear up the lation that would discriminate against one has a chance and an opportunity to record for the legislation before us a woman’s right with her own money be successful in their lives and secure where we talk about no taxpayer fund- to pick an insurance policy. We could in their futures, but yet again, a hand- ing of abortion. I want to read from the be raising the minimum wage instead ful of mostly older, mostly male politi- legislation itself, Madam Speaker. of effectively banning abortion cov- cians here in Washington, D.C., believe Section 304 in title I: erage in the ACA market, even though that the priority for us is to interfere Nothing in this chapter shall be construed not a penny of Federal dollars will go in the personal lives of women. They as prohibiting any individual, entity, or

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1463 State or locality from purchasing separate said to me, Please raise my taxes if Taxation, the bill would have neg- abortion coverage or health benefits cov- Uncle Sam objects to the health care ligible effects on tax revenues. erage that includes abortion so long as such plan I have picked for me, my family, Similarly, the CBO estimates that coverage is paid for entirely using only funds or my business. any effects on direct spending would be not authorized or appropriated by Federal law. Yes, that’s exactly what this bill negligible for each year and over the does. It raises taxes on individuals, 10-year budget window. Reading directly from the bill and families, and small businesses. Madam Speaker, I yield 3 minutes to then going to section 306: I offered an amendment that would the gentleman from New Jersey (Mr. Nothing in this chapter shall repeal, block this bill from taking effect if it SMITH), the author of the bill. amend, or have any effect on any other Fed- Mr. SMITH of New Jersey. Madam eral law to the extent such law imposes any would raise taxes, but the Republican limitation on the use of funds for abortion or majority, with yet another closed rule, Speaker, I thank my good friend for for health benefits coverage that includes refused to make that amendment in her leadership and her very eloquent coverage of abortion, beyond the limitations order. Why? remarks. set forth in this chapter. Because they knew that if that My friend from New York talked So, Madam Speaker, may I lay the amendment were to become a part of about a narrow agenda and a narrow fears aside of my colleagues. This is an this bill, it would kill this bill. Because perspective. More than 60 percent of issue that 60 percent of the American no matter how you slice it, this Repub- every poll, in the case of one poll, 69 people agree with us on. It is an action lican bill will raise taxes on hard- percent of all women in the United that they think is important to take; working Americans. Small businesses States of America say they do not that it is important for taxpayers to will pay more taxes because if their want their funds being used to sub- have the assurance from their govern- employee health plan covers abortion sidize abortion on demand. ment that we are not going to have or reproductive care, the business will Let me remind my colleagues that taxpayer funds used for abortion. be denied the small business tax credit. this legislation accomplishes three I yield back the balance of my time. No one denies that. goals: The SPEAKER pro tempore. The Families will pay more in taxes when One, it makes the Hyde amendment Chair recognizes the gentlewoman from they lose any tax credits they received and other current abortion funding Kansas (Ms. JENKINS). to purchase a health insurance plan if prohibitions permanent. We just reau- Ms. JENKINS. Madam Speaker, I the plan that works best for them hap- thorized all of those riders just a few yield myself such time as I may con- pens to include abortion coverage. weeks ago. This just makes them per- sume. That is right. Families will have to manent; (Ms. JENKINS asked and was given give up on choosing their own plan. Ensures that the Affordable Care Act permission to revise and extend her re- Stripping these health care tax cred- faithfully conforms to the Hyde amend- marks.) its will have the same effect as if we ment, as promised by the President of Ms. JENKINS. Madam Speaker, I am denied or stripped out similar tax cred- the United States; proud to stand before the House today its like the child tax credit or the high- And provides full disclosure, trans- in support of H.R. 7, the No Taxpayer er education tax credit. parency, and prominent display that is Funding for Abortion Act. I supported If this isn’t a tax increase, I don’t absolutely lacking right now of the ex- this legislation last Congress because know what is. tent to which any health insurance the message I have consistently re- This bill interferes with personal plan on the exchange funds abortion. ceived from my constituents is that choice and decisions. Madam Speaker, the President of the they do not want their taxpayers dol- I find it ironic that my Republican United States stood about 10 feet from lars funding abortions. Period. colleagues claim to support ensuring where I am standing right now back in It is time to put this issue to rest Americans can pick a private health September of 2009 and told a joint ses- once and for all. The majority of Amer- plan that suits their individual needs sion of Congress: icans, regardless of where they stand until the plan they pick covers legal Under our plan, no Federal dollars will be on the larger issue, do not want their services they find personally objection- used to fund abortion. taxpayer dollars paying for abortions, able. I find it ironic that my Repub- The executive order that was issued but for too long, we have had a patch- lican colleagues oppose every sug- in March of 2010 said, and I quote, that work of provisions when it comes to gested tax increase out there until it is the Affordable Care Act ‘‘maintains Federal funding, which has created po- one that abnegates their social agenda. current Hyde amendment restrictions tential loopholes and confusion. H.R. 7 There is no question this is a serious governing abortion policy and extends solidifies the longstanding provisions issue and it deserves serious consider- those restrictions to newly created of the Hyde amendment, which are es- ation. Yet on an issue as important as health insurance exchanges.’’ pecially needed when it comes to the access to comprehensive health care Madam Speaker, that is simply not Affordable Health Care Act. coverage—and with such severe tax im- true. It is absolutely not true. As my Madam Speaker, I don’t have time to plications—it is outrageous that this colleagues know, the Hyde amendment stand here and list all of the problems bill was not first considered by the has two parts. It prohibits direct fund- with the President’s health care law, Ways and Means Committee. The rea- ing for abortion, and it bans funding to but one of these problems can be fixed son for that is Republicans are rushing any insurance coverage, any insurance through the passage of this bipartisan this new bill forward. Not because they plan that includes abortion, except in bill, which simply states that taxpayer are looking to make good policy, but the cases of rape, incest, or to save the dollars will not pay for abortions. because they are looking to make good life of the mother. I reserve the balance of my time. political friends—good political friends Earlier speakers have said not a Mr. CROWLEY. Madam Speaker, I who support a very narrow political penny will go to pay for abortion. Yet yield myself such time as I may con- agenda. under the Affordable Care Act, massive sume. I just wish the real issues that we amounts of public funds—what are When I go home to talk to my con- need to be working on like extending they if they are not public? They are stituents back home in Queens and the unemployment insurance for 1.6 mil- public funds coming out of the U.S. portions of the Bronx that I represent, lion Americans would get as much at- Treasury in the forms of tax credits. there are a lot of issues that they bring tention as all these made-up issues. That is the word used. up to me. They want to see unemploy- With that, Madam Speaker, I reserve $796 billion in direct spending, over 10 ment insurance restored. They want to the balance of my time. years, according to CBO, will pay for see jobs created. They want to see our insurance plans, many, perhaps most of economy strengthened. They want to b 1545 which will include elective abortions, see investments in infrastructure and Ms. JENKINS. Madam Speaker, I abortion on demand. building our communities. yield myself such time as I might con- Madam Speaker, that massively vio- But not once has anyone ever said, sume simply to note that, according to lates the Hyde amendment. You can’t Forget all about that. They have never the staff of the Joint Committee on have it both ways. You can’t say you

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1464 CONGRESSIONAL RECORD — HOUSE January 28, 2014 are for the Hyde amendment and you Do women deserve comprehensive choice, but we also know that tax- are comporting with the Hyde amend- health care? payers don’t want to fund it. ment when you violate it in such a Or are they some kind of submissive It is appalling that we have to have way. person who hangs around the house and this type of a discussion in the United Let me also point out to my col- we tell them what to do? States of America when you know how leagues that there are many States Are their health care needs real? we feel in our hearts and in our souls. where pro-life individuals and constitu- And does 51 percent of our population You know how people feel about this. ents will have no opportunity to buy a deserve control over their own health I want you to think about those 56 plan that is pro-life on the exchanges. decisions? million unborn children who could That includes Connecticut and Rhode Or are they special exceptions who have made a huge difference in this Island. Every plan is abortion-on-de- need to be taken care of because they world. It is absolutely appalling to sit mand, so their premium dollars, your can’t decide for themselves? in this great room where so many great tax dollars and mine, will be combining Do they have a right to make health debates over the protection of human to buy plans that provide for abortion- decisions for themselves? rights and freedom and liberty have on-demand. Does Congress have a right to stig- taken placer and to be having this dis- In 2014, Madam Speaker, we have matize a safe, legal procedure? cussion. learned so much about the magnificent Imagine if we were standing up here This has nothing to do with us cut- life of an unborn child. Increasingly, debating whether or not private busi- ting back on women’s health care. It we have also learned about the delete- ness would be allowed to help employ- has to do with taxpayers not wanting rious effects that abortions have on ees get coverage for prostate cancer or to fund an abortion. This is what we women, psychologically, the children erectile dysfunction drugs or are talking about. born subsequently to them and, of vasectomies. Suppose we were to pass a Please—and as the gentleman just course, to other aspects of their phys- law and say you can’t pay for that kind said—is it about the next election? ical health. of stuff? Really? Please support H.R. 7. Imagine if we told men that they Have we reduced ourselves to only Mr. CROWLEY. Madam Speaker, would lose their deserved tax credits in winning elections and not winning on may I ask how much time we have. the exchange if they purchased insur- behalf of people’s rights? The SPEAKER pro tempore. The gen- ance that covered their health needs as These are human rights. I appreciate tleman from New York has 6 minutes they decide them? the time to come to speak. remaining, and the gentlewoman from The SPEAKER pro tempore. The Madam Speaker, I have got to tell 1 Kansas has 5 ⁄2 minutes remaining. time of the gentleman has expired. you, this is one of the most disturbing Mr. CROWLEY. Madam Speaker, I Mr. CROWLEY. I yield an additional things that we face in the country yield 3 minutes to the gentleman from 30 seconds to the gentleman. today, and I want our people to think Washington (Mr. MCDERMOTT). Mr. MCDERMOTT. Women’s health about this: 56 million children have (Mr. MCDERMOTT asked and was care is health care. It is not Congress’ been aborted. given permission to revise and extend job to stigmatize legal medical proce- If we can’t wake up and smell the his remarks.) dures and punish women who use them. roses on this, then shame on us. Mr. MCDERMOTT. Madam Speaker, Mr. CROWLEY. Madam Speaker, I It is also not Congress’ job to tell when you are not limited by the facts, yield 1 minute to the gentlewoman Washington, D.C., what to do or to stop you can say almost anything out on from California (Ms. LOFGREN). this floor; and we are hearing that people from having their options. Ms. LOFGREN. Madam Speaker, today because, in the grand tradition This bill is insulting to women, and there is no tax money being used for of the anti-choice terminology, the the Republicans are asking for it in the abortions. That has been true since title of this bill is an absolute farce. next election. If anybody votes for you, Henry Hyde served here with us. Taxpayers do not currently fund it is because they haven’t paid atten- What this bill does is not address abortions, and this legislation would do tion to what you are doing out here that issue. It really is intended to nothing more than make it difficult for today. You are insulting every woman eliminate abortion coverage in private private businesses to provide adequate in this country. She can’t make her insurance plans. health care for their workers, restrict own decision about her health care. Our witness, Professor Wood, testi- how our Nation’s Capital conducts its I urge you to vote ‘‘no.’’ fied in the Judiciary Committee that affairs, and generally block poor Ms. JENKINS. Madam Speaker, I eliminating the tax benefit, essentially women from accessing safe and legal yield 2 minutes to the gentleman from raising taxes if a small business offers abortions. Pennsylvania (Mr. KELLY), my col- a broad insurance plan that includes In 1963, I was an intern in Buffalo, league on the Ways and Means Com- abortion, will result in dropping that New York, before the Hyde amend- mittee. portion of the coverage. So this is real- ment, before all the business and abor- Mr. KELLY of Pennsylvania. Madam ly an extreme measure. tions were illegal. I stood there on the Speaker, this is appalling that we are I understand that not everyone be- general medicine ward with two even at this point in talking about this lieves that women should make this women, one with eight children, one providing health care for women. I am choice. If you are opposed to abortion, with 12 children, who had gotten septic really shocked. If we are not providing don’t have an abortion. But don’t put abortions done in a back alley, and the best possible medical help for ex- the Federal Government in charge of they died. pectant mothers and their unborn the decisions that are properly and le- They left eight and 12 children in child, that is not the issue. gally made by women, along with their that situation. Now, they did that be- This country has always been the husbands and families. cause they didn’t have access to clean champion of life around the world, pro- This is an extreme agenda. It is abortions. They had made a choice. tecting human rights. We have always wrong, and I urge my colleagues to They can make a choice. showed up at every single encounter, vote ‘‘no.’’ If we say women can’t make a choice, whenever people were being treated in Ms. JENKINS. Madam Speaker, I that is very simple. We will just tell a way that we thought was not right. yield 1 minute to the gentleman from women what to do, which is really We worry about Syria and the fact Arizona (Mr. FRANKS). what this bill is all about. that they are losing their citizens, that Mr. FRANKS of Arizona. Madam The Republicans want to tell women Assad is killing their citizens. Yet, Speaker, throughout history, there has what to do. Stay out of our lives, get since 1973, we have aborted 56 million often been great intensity surrounding the government out of our lives. No, in unborn children, 56 million unborn the debates over protecting the inno- every area except women’s health. children. cent lives of those who, through no Now, the truth of the matter is not And today we are having a discussion fault of their own, find themselves ob- tax credits or health coverage. The on H.R. 7, where the only thing the scured in the shadows of humanity. heart of this debate is a simple ques- American taxpayers are saying, we It encourages me greatly that in tion about does women’s health count? know, by law, a woman can make that nearly all of those cases the collective

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1465 conscience was finally moved in favor majority of Americans have long held Through the Hyde amendment, Con- of the victims. The same thing is be- that taxpayers should not be forced to gress already prevents funding of abor- ginning to happen in this debate re- foot the bill for abortion practices that tion and has done so for more than 30 lated to innocent, unborn children. they do not believe in. years. Nothing in the Affordable Care No matter how the left has tried to I would ask everyone to support pas- Act changes this fact. obscure the true issue, we are finally sage of H.R. 7, Madam Speaker, and I H.R. 7 is not needed to prevent the beginning to ask ourselves the real yield back the balance of my time. Federal funding of abortion, nor does it question: Does abortion take the life of The SPEAKER PRO TEMPORE. The merely codify existing law as has been a child? Chair recognizes the gentleman from falsely asserted by those proponents. And we are finally beginning to real- Virginia. As a matter of fact, the bill on the ize, as a human family, Madam Speak- Mr. GOODLATTE. Madam Speaker, I floor today contains numerous new er, that it does. Ultrasound technology yield myself as much time as I con- provisions adopted after the Judiciary demonstrates to all reasonable observ- sume. Committee marked up and reported the ers both the humanity of the victim However stark Americans’ dif- bill. ferences of opinions can be on the mat- and the inhumanity of what is being This version of the bill has never ter of abortion, generally, there has done to them. been examined, debated, or amended by long been bipartisan agreement that And we are finally beginning to real- any committee of the House, yet my Federal taxpayer funds should not be ize, as Americans, that 56 million lost colleagues in the majority refuse to used to destroy innocent life. The Hyde little lives and their blood staining the allow their colleagues any opportunity amendment, named for its chief spon- foundations of this Nation is enough. to amend this harmful bill today. This sor, former House Judiciary Chairman Mr. CROWLEY. Madam Speaker, we bill is far too significant and its impact Henry Hyde, has prohibited the Federal are prepared to close, if the gentlelady on women is far too harmful to fore- funding of abortion since 1976, when it has any additional speakers before she close meaningful debate on an amend- passed a House and Senate that was closes. ment as my colleagues in the majority composed overwhelmingly of Demo- The SPEAKER pro tempore. The gen- have done. 1 cratic Members. tleman from New York has 1 ⁄2 minutes It has been renewed each appropria- This measure represents yet another remaining. The gentlewoman from tions cycle with few changes for over 35 assault on women’s health care and 1 Kansas has 2 ⁄2 minutes remaining. years, supported by Congress’ control constitutionally protected rights and Ms. JENKINS. Madam Speaker, I by both parties and Presidents from should be rejected. don’t see any additional speakers, so both parties. It is probably the most bi- I reserve the balance of my time. we will be prepared to close. partisan, pro-life proposal, sustained I rise today in strong opposition to H.R. 7, Mr. CROWLEY. Madam Speaker, I over a longer period of time than any the so-called ‘‘No Taxpayer Funding for Abor- thank the gentlelady. other. tion Act.’’ The gentlelady from Kansas, my good Just last week, a Marist landline and This bill is just another ill-conceived attempt friend, who I respect greatly, said the cell phone poll of over 2,000 adults to push a divisive social agenda instead of fo- overall tax effect is negligible. I would found that 58 percent of those surveyed cusing on what Americans care most about: ask, negligible to whom? oppose or strongly oppose using any creating jobs and improving our Nation’s econ- If you are that person who can’t get taxpayer dollars for abortions. It is omy. a needed tax credit, it is not negligible time the Hyde amendment was codified Plain and simple, H.R. 7 is not about the to you. It is very real. in the United States Code. regulation of federal funds, but yet again an- Part of what is so troubling about H.R. 7, the No Taxpayer Funding for other attack on women’s health and their con- this bill is it is not only how much fur- Abortion Act, sponsored by CHRIS stitutionally-protected rights. ther it goes than current existing law, SMITH of New Jersey, would do just Sponsors of H.R. 7 want you to believe that but how much further this kind of that. It would codify the two core prin- the bill merely codifies existing law, but this is thinking could go. ciples of the Hyde amendment through- false. What other restrictions on medical out the operations of the Federal Gov- For more than 30 years, the current law has procedures are next, as my friend from ernment, namely, a ban on Federal prohibited federal funding for abortion. There Washington said? If your procedure in- funding for abortions and a ban on use is absolutely no risk that the public fisc will be volves stem cells, prenatal care for of Federal funds for health benefits raided to pay for abortion services, even under teen mothers? coverage that includes coverage of the Affordable Care Act. Could hospitals lose funding for abortion. The goal of H.R. 7 is to nullify the decisions training doctors in necessary proce- During the time the Hyde amend- of women and small business employers who dures that this majority may deem ment has been in place, probably mil- choose insurance coverage that includes abor- troubling? lions and millions of innocent children tion coverage paid for with purely private, non- The question is, where does it end? and their mothers have been spared the federal funds. How many other ways can the major- horrors of abortion. The Congressional Through its novel tax penalty provisions, ity use our laws to punish hardworking Budget Office has estimated that the H.R. 7 departs radically from existing law, tak- Americans? Hyde amendment has led to as many as ing away women’s existing health care and placing their health and lives at risk. b 1600 675,000 fewer abortions each year. Let that sink in for a few precious mo- H.R. 7 eradicates the authority of the District Can they take away your student ments. of Columbia to make decisions about how lo- loans because your teacher wants you The policy we will be discussing cally raised funds are used for the healthcare to read ‘‘Catcher in the Rye’’? Can they today has likely given America the gift of women. limit your tax benefits for buying a of millions more children and, con- When Delegate Holmes-Norton sought to house in the wrong neighborhood? The sequently, millions more mothers and address the Judiciary Committee about the slope is steep and slippery. Vote ‘‘no’’ millions more fathers, millions more bill’s overreach, her request was denied by the on this wrongheaded bill. lifetimes and trillions more loving ges- Majority in utter disrespect for her and the Dis- I yield back the balance of my time. tures and other human gifts in all their trict. Ms. JENKINS. Madam Speaker, we diverse forms. What a stunningly won- Women deserve a meaningful examination are not interested in raising taxes. drous legacy. of their constitutionally-protected private health This bill does not do that. We are sim- I encourage my colleagues to support care decisions, not the frivolous and reckless ply ensuring that hardworking Ameri- this important legislation, and I re- process the Majority has undertaken on this cans who pay taxes and oppose abor- serve the balance of my time. bill before us today. tion don’t see their taxpayer dollars Mr. CONYERS. Madam Speaker, I This bill was rushed through the Judiciary going to fund abortion. yield myself as much time as I may Committee, and was discharged from two We have had legislation similar to consume. other committees of jurisdiction—leaving no this bill in place for over three decades. Ladies and gentlemen, H.R. 7 is not opportunity for their Members to seriously con- This legislation is not a new idea. The about the regulation of Federal funds. sider this legislation.

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 9920 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1466 CONGRESSIONAL RECORD — HOUSE January 28, 2014 What the Majority has brought to the floor when abortion is not just illegal, but it nesses use their own money—let me repeat today contains numerous new provisions, has is unthinkable. that, their own money, not Federal funds—to never been examined, debated, or amended Mr. CONYERS. Madam Speaker, I am purchase insurance that covers abortion. by any Committee of the House. pleased now to yield 11⁄2 minutes to the In particular, H.R. 7 penalizes income-eligi- The fact that the Minority is foreclosed from gentleman from New York (Mr. NAD- ble women by denying them the tax credits offering any amendments today is yet further LER). that they are entitled to under the Affordable proof that this legislation is simply intended to Mr. NADLER. Madam Speaker, today Care Act if they use their own money to pur- be yet another polemic attack on women, we consider H.R. 7, the misleadingly chase insurance that covers abortion. It simi- against our deliberative legislative process, named No Taxpayer Funding for Abor- larly denies small businesses the tax credits and an attack against the citizens of the Dis- tion bill. Congress, unfortunately, al- that they are entitled to under the Affordable trict of Columbia. ready prohibits Federal funding of Care Act if the insurance they offer their em- Why are these latest changes being de- abortion. This bill does not simply cod- ployees includes abortion coverage. manded? Who is pushing this drastic course? ify existing law. Rather, it modifies The claim here is that a tax credit equals I strongly urge my colleagues to oppose this and extends current funding restric- Federal funding. This is a completely new egregious bill. tions in the Hyde amendment and, for principle, asserted for the first and only time in Mr. GOODLATTE. Madam Speaker, the first time ever, uses the Tax Code this context. If we adopt this new theory—that it is now my pleasure to yield 2 min- to penalize the use of private funds to granting tax relief is Federal funding—then utes to the gentlewoman from Missouri purchase insurance that covers abor- how can tax relief for churches not be consid- (Mrs. WAGNER). tion. It denies small businesses the tax ered Federal funding in violation of the Estab- Mrs. WAGNER. Madam Speaker, I credits they are entitled to under the lishment Clause of the First Amendment? I am thank the gentleman for yielding, and Affordable Care Act if they offer their sure that many churches, synagogues, other I thank Congressman CHRIS SMITH for employees health insurance, if that houses of worship, and religiously-affiliated his leadership in protecting the rights health insurance covers abortion. It schools would be alarmed to discover this. of the unborn. similarly denies income-eligible We all should be very careful about estab- Madam Speaker, I rise today in sup- women and families the tax credits lishing this new principle. port of life. I believe in the sanctity of that they are entitled to under the Af- Some additional tax penalties were in the life, that life begins at conception, and fordable Care Act if they use their own bill when it was considered by the House Judi- ciary Committee. Those were removed and we that life is truly our greatest gift. I money to purchase insurance, if that now have new provisions that have never also recognize that abortion can be a insurance covers abortion. very divisive issue. However, there is The claim here is that a tax credit been considered by any Committee. We have no idea who made these changes an area where most Americans agree equals Federal funding. This is a com- or why they were made. But they demonstrate and where elected officials can come pletely new principle, asserted for the together, and that is on the Federal the fiction and hypocrisy that underlies this bill. first and only time in this context. If This bill, unlike the version considered in the funding of abortion. we adopt this new theory—that grant- Judiciary Committee, no longer denies women Recent polling and information con- ing tax relief is Federal funding—then who pay for abortion out-of-pocket the ability firms what we have always known, that how can tax relief for churches, syna- to claim those expenses as deductible medical the majority of Americans do not want gogues, and religious-affiliated schools expenses. And this version no longer taxes their hard-earned tax dollars going to not be considered Federal funding in women when they use money they have set pay for abortions. And Congress has violation of the Establishment Clause aside in flexible savings accounts or health consistently worked together over the of the First Amendment? We should all savings accounts for abortion services. We years by attaching the Hyde amend- be very careful about establishing this welcome the removal of those tax penalty pro- ment to appropriations bills to prevent new principle. visions, but these changes are not nearly taxpayer funds from going towards H.R. 7 is not a codification of exist- enough. abortions. ing law, nor is it just another attempt This version, unlike the bill considered by Today the House will vote on a bill to enact the approach taken in the House Judiciary, also adds a notice require- that I am proud to cosponsor and sup- Stupak-Pitts amendment to the House- ment that requires insurance companies to port, H.R. 7, the No Taxpayer Funding passed Affordable Care Act. H.R. 7 is a provide a false notice to policyholders that for Abortion Act. This bill does exactly radical departure from current tax they will be forced to pay a so-called ‘‘abortion what the name implies: it permanently treatment of medical expenses and in- surcharge’’ if they are in a plan that covers ensures that no taxpayer dollars go to surance coverage; and it is not justifi- abortion. pay for abortions or abortion coverage. able, nor is it necessary, unfortunately, Existing law already requires plans to dis- This bill codifies the Hyde amendment to prevent Federal funding of abortion. close to consumers whether a policy includes as well as addresses taxpayer funding I urge all of my colleagues to vote abortion. No further notice is necessary. And that, unfortunately, the Hyde amend- ‘‘no’’ on this bill. there is no surcharge for this coverage, as the ment does not cover. Today the House will consider H.R. 7—a bill new notice provision falsely suggests. The Af- For example, ObamaCare expressly that embraces the completely fictitious claim fordable Care Act requires participating insur- allows funding for plans that include that legislation is needed to prevent federal ance plans to segregate monies for abortion abortions through taxpayer subsidies. funding of abortion services. services from all other funds, a measure my During the health care debate, the Congress already prohibits federal funding anti-choice colleagues insisted was necessary President assured the American people of abortion and has done so for more than to prevent Federal funding of abortion. The that no Federal dollars would be used thirty years. Many of us disagree with that de- segregation of a private dollar contribution of to fund abortions under ObamaCare. cision. But regardless, there is no need for this at least $1 a month is not a surcharge at all Yet this was just one more in a long bill, at least not to prevent federal funding of but merely a segregation of the premium. The line of inaccurate statements on abortion. new notice provision requires insurance com- ObamaCare by the President and his Nor is the bill simply an effort to codify exist- panies to mislead consumers into mistakenly administration. ing law. H.R. 7 modifies and extends current believing that they are paying a separate, ad- The No Taxpayer Funding for Abor- funding restrictions in the Hyde Amendment ditional charge for coverage of abortion and tion Act not only prevents taxpayer that are limited in time and scope, without any that they would pay a lesser premium for in- funding for abortion under ObamaCare, effort to determine how such a sweeping and surance that does not cover abortion. but it also requires transparency to en- permanent expansion would impact American The harms caused by this bill are com- sure consumers are fully informed women and their families. pounded by the fact that we are being forced about which plans on the exchanges If this were all, that would be reason enough to consider it under a closed rule, with no op- contain abortion coverage and sur- to oppose it, but H.R. 7 actually goes much portunity for amendment. charges. further. For the first time ever, anti-choice law- The potential impact of this bill on the rights Madam Speaker, throughout my life, makers are using the Federal tax code to pe- of individuals to spend their own funds to pur- I have worked hard to draw attention nalize the purchase of insurance that covers chase comprehensive insurance that cover all to the pro-life movement. I do it with abortion in certain circumstances. These pen- of their health care needs (including the poten- love and compassion. I live for the day alties would apply when women and busi- tial of an unplanned pregnancy) is significant.

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 9920 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1467 Members should have been given the chance b 1615 tax dollars are already restricted from to consider amendments and debate the im- Americans want to grow this econ- funding abortion and have been ever pact of this bill—and, in particular, its untested omy. They want jobs. The response of since the Hyde amendment was intro- tax provisions—before taking an up or down the Republicans, however, is more anti- duced in 1976. vote on the whole package. This bill is too im- gay, anti-woman legislation. They have As one of the five female members on portant, the impact on the rights of all Ameri- even referred to this as a job-creating the Judiciary Committee, I strongly cans to spend their own money in ways see bill. Not one job will be created by the oppose this bill that will undermine fit too great, simply to close the door to any bill. Why don’t we focus on getting women from using their own private debate. Americans back to work instead of funds to buy their own private insur- I urge all my colleagues to vote no on this doing everything we can to restrict ance for health coverage. This is a ploy bill. women’s health care choices? Let’s to drive out abortion coverage in the Mr. GOODLATTE. Madam Speaker, focus on helping the 1.3 million Ameri- private market. Millions of women who it is now my pleasure to yield 2 min- cans whose unemployment benefits purchase health insurance in the pri- utes to the gentlewoman from Missouri lapsed a month ago today. vate market will lose access to com- (Mrs. HARTZLER). Mr. GOODLATTE. Madam Speaker, prehensive health insurance. Mrs. HARTZLER. Madam Speaker, I may I ask how much time is remaining It is time to end these games once thank the gentleman from Virginia on each side. and for all. Decisions about a woman’s (Mr. GOODLATTE) for his leadership on The SPEAKER pro tempore. The gen- reproductive health belong between this, and I thank the gentleman from tleman from Virginia has 4 minutes re- that woman and the doctor she trusts, New Jersey (Mr. SMITH) for sponsoring maining. The gentleman from Michi- not with politicians who would inter- this bill. gan has 6 minutes remaining. fere with a woman’s private decision. Whether you are pro-choice or pro- Mr. GOODLATTE. At this time, I urge a ‘‘no’’ vote on this bill. life, I think we can all agree on this: it Madam Speaker, it is my pleasure to Mr. CONYERS. Madam Speaker, I am is wrong to spend hard-earned tax dol- yield 2 minutes to the gentlewoman pleased now to yield 1 minute to the lars to pay for abortions. Yet that is from Tennessee (Mrs. BLACK). gentlewoman from Washington (Ms. the policy of this administration Mrs. BLACK. Madam Speaker, I DELBENE), a member of the Judiciary through ObamaCare and what today’s thank the chairman for yielding time Committee. bill reverses. This commonsense provi- to me, and I thank Mr. SMITH for bring- Ms. DELBENE. Madam Speaker, I rise sion ensures tax dollars are used wisely ing this very important legislation to urge my colleagues to oppose this and government policy does not violate here to the House. sweeping anti-choice bill which would Americans’ basic rights. I rise today in support of H.R. 7, the deny premium tax credits to income-el- H.R. 7 brings a stop to government- No Taxpayer Funding for Abortion igible women and their families if the subsidized abortion created through Act—commonsense, bipartisan legisla- insurance they obtain under the Af- ObamaCare, creates transparency by tion that will protect American tax- fordable Care Act covers abortion—ex- ensuring citizens have the information payers from footing the bill for this cept in cases of rape, incest and when a they need regarding their insurance barbaric practice of abortion, in turn woman’s life is in danger. policy and whether it pays for abortion helping to protect women’s health and What experts in the health care in- or not, and, ultimately, lessens the unborn life. dustry predict, and as one of the wit- number of lives ended through abor- Now, despite the legislation’s bipar- nesses at this month’s Judiciary hear- tion. This legislation is important for tisan support, we have heard more than ing testified, is that the burdensome the future of our country and forces a few mischaracterizations of this bill regulatory requirements contained in our government to no longer be from our colleagues across the aisle, this bill would have a chilling effect complicit in taking the lives of mil- and as a woman, I reject these false at- and lead to insurers dropping abortion lions of innocent babies. tacks. This legislation is not about coverage from their plans. We now live in a country that is taking away anyone’s choice. It is While this bill provides a narrow ex- trending pro-life, and a CNN poll shows about giving choice to the nearly two- ception if a woman’s life is in danger, that 61 percent of respondents oppose thirds of Americans who don’t want unfortunately, it would not allow any public funding for abortion. Forcing their hard-earned tax dollars funding exceptions to protect a woman’s Americans to pay for services that the destruction of innocent life. health, even in circumstances where they find morally unconscionable is Madam Speaker, as a nurse for over she needs an abortion to prevent se- wrong. 40 years, I have seen countless births. I vere, permanent damage to her health. The pro-choice Alan Guttmacher In- have seen the joy in a mother’s eyes as Each patient is different, and legisla- stitute demonstrates that when tax she holds her newborn for the first tors cannot know the circumstances of dollars are used, abortions increase by time, and I have also seen a young every pregnancy. They should not 25 percent. Conversely, by ensuring tax woman lose her life to abortion. interfere in personal, private medical dollars are not used for abortions, we Those experiences informed my belief decisions that should be made between can not only save hard-earned tax dol- that all life—born and unborn, mother a woman, her family and her doctor. I lars, but we can save lives, and that is and child—is a precious gift, and I hope urge my colleagues to oppose H.R. 7. a policy we can all live with. to see the day that this truth is re- Mr. CONYERS. Madam Speaker, I I ask my colleagues to vote in favor flected in our Nation’s laws. Until yield 1 minute to the gentlewoman of H.R. 7. then, we can, at least, protect the val- from Texas (Ms. JACKSON LEE), a mem- Mr. CONYERS. Madam Speaker, I am ues and conscience of millions of Amer- ber of the Judiciary Committee. pleased now to yield 1 minute to the ican taxpayers by passing this legisla- Ms. JACKSON LEE. Madam Speaker, gentleman from Georgia (Mr. JOHN- tion. let me thank the gentleman who has SON), a distinguished Judiciary Com- I look forward to voting ‘‘yes’’ on the served on this committee of oppor- mittee member. No Taxpayer Funding for Abortion Act, tunity, equality and justice for his en- Mr. JOHNSON of Georgia. Madam and I urge my colleagues to do the tire career, among other committees, Speaker, I rise in opposition to H.R. 7, same. in the United States Congress. Let me the No Taxpayer Funding for Abortion Mr. CONYERS. Madam Speaker, I am thank the manager and chairman of Act. pleased to yield 1 minute to the gentle- the Judiciary Committee, as well. H.R. 7 is a dangerous bill, and it is an woman from California (Ms. CHU), a We do not come to the floor in argu- attack on women’s health, particularly member of the Judiciary Committee. ment about each other’s conscience. women who get subsidies based on Ms. CHU. Madam Speaker, new year, We respect the belief of others and the their ability to purchase insurance new Congress, but the same old polit- conscience of others and the integrity under ObamaCare. This bill is also em- ical tricks. H.R. 7, the so-called No of the decision made by those who blematic of a Republican Party that is Taxpayer Funding for Abortion Act, choose to stand for their positions. As utterly and completely out of touch will not do anything further to stop tax a senior member of the Judiciary Com- with Americans. dollars from funding abortions because mittee, I only stand here on the basis

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1468 CONGRESSIONAL RECORD — HOUSE January 28, 2014 of equal protection under the law and This Congress should not be in business of In Roe v. Wade, the Court held that a state the applying of the Constitution to interfering with a woman’s health nor should could prohibit a woman from exercising her every single person, which includes a we ever single out women who choose not to right to terminate a pregnancy in order to pro- woman’s access to health care. endure a long-lasting health defect or disease tect her health prior to viability. What H.R. 7 does beyond the Hyde due to a pregnancy. While many factors go into determining fetal amendment, which has been law and in Without this amendment, this Congress viability, the consensus of the medical commu- law and adhered to for decades, one, would submit millions of women to face seri- nity is that viability is acknowledged as not oc- that I would be reminded of the elo- ous and long- lasting health issues. curring prior to 24 weeks gestation. quence of Chairman Hyde, who would Our amendment reflects the 1978 version of Supreme Court precedents make it clear be on the floor discussing the continu- the Hyde Amendment by incorporating an ex- that neither Congress nor a state legislature ation of his position. emption for severe and long-lasting damage to can declare any one element—‘‘be it weeks of The SPEAKER pro tempore. The a woman’s health in continuing a pregnancy. gestation or fetal weight or any other single time of the gentlewoman has expired. This amendment is supported by the Amer- factor—as the determinant’’ of viability. Mr. CONYERS. Madam Speaker, I ican Congress of Obstetricians and Gyne- Colautti v. Franklin, 439 U.S. 379, 388–89 yield the gentlewoman an additional 1 cologists. (1979). minute. Women must receive the best health care The constitutionally protected right to pri- Ms. JACKSON LEE. That is very and disease prevention and have access to all vacy encompasses the right of women to kind, sir. medically appropriate legal medical proce- choose to terminate a pregnancy before viabil- If, for example, you have pretax dures. ity, and even later where continuing to term money for health care or a health sav- And Mr. Speaker it must be stated over and poses a threat to her health and safety. ings account, you are taken care of, over that this is purely partisan and divisive This right of privacy was hard won and must but if you live in the District of Colum- legislation which: be preserved inviolate. And again, our amend- bia and you want to use local funds, 1. Unduly burdens a woman’s right to termi- ment would have helped to preserve this hard you are left along the highway of nate a pregnancy and thus puts their lives at won right for women. unequalness. If you are in the United risk; Let’s not turn back the hands of time Mr. States military, you are left along the 2. Does not contain exceptions for the Speaker—vote ‘‘no’’ on H.R. 7. highway of unequalness. If, for exam- health of the mother; Mr. GOODLATTE. Madam Speaker, ple, you have been the victim of sexual 3. Unfairly targets the District of Columbia; at this time, I am pleased to yield 1 assault that results in a situation that and minute to the gentleman from Ala- requires access to health care, you are 4. Infringes upon women’s right to privacy, bama (Mr. BACHUS), a distinguished left alone. Federal employees, you are which is guaranteed and protected by the U.S. member of the Judiciary Committee. left alone. Poor, you are left alone. Constitution. Mr. BACHUS. Madam Speaker, no The bill that we have was just sub- The bill poses a nationwide threat to the child is unwanted. Let me repeat that. mitted to the Rules Committee. It was health and wellbeing of American women and No child is unwanted. There are mil- not before the House Judiciary Com- a direct challenge to the Supreme Court’s rul- lions of American couples today that mittee. We don’t know what is in it. ing in Roe v. Wade. are waiting to give these unborn chil- So, Madam Speaker, I do not rise One of the most detestable aspects of this dren a home—a loving home. I don’t against a person’s conscience. I rise bill is that it would curb access to care for know all the circumstances, but I do and hold the Constitution in my hand, women in the most desperate of cir- know that a lot of the unborn are little and that is that we have a right to pri- cumstances. girls and little boys. I don’t know vacy, and we have a right to use local Women like Danielle Deaver, who was 22 about my colleagues, but I believe that or your own funds, and in this bill, all weeks pregnant when her water broke. Tests God has a plan for each of those unborn of that has been denied. I ask the ques- showed that Danielle had suffered children, and I don’t believe that that tion: Can we pass this legislation and anhydramnios, a premature rupture of the plan includes terminating their life. deny Americans equal protection under membranes before the fetus has achieved via- Now, that may not be a popular thing the law? bility. to say. But can’t we focus on the un- Mr. Speaker, I rise in opposition to this leg- This condition meant that the fetus likely born and the fact that there are mil- islation which is an assault on women; and would be born with a shortening of muscle tis- lions of families out there, many of ask that my colleagues also vote against H.R. sue that results in the inability to move limbs. them childless, that would love to have 7, The No Taxpayer Funding For Abortion Act. In addition, Danielle’s fetus likely would suffer these little girls and boys in their What we have before us in H.R. 7 is a dan- deformities to the face and head, and the home? gerous and misleading bill which has one The SPEAKER pro tempore. The gen- lungs were unlikely to devel beyond the 22- goal—eliminating abortion coverage in all of tleman from Michigan has 2 minutes week point. There was less than a 10 percent the insurance markets. And it is the reincarna- remaining. The gentleman from Vir- chance that, if born, Danielle’s baby would be tion of H.R. 3 which was a featured bill in the ginia has 11⁄2 minutes remaining. able to breathe on its own and only a 2 per- last Congress. Mr. CONYERS. Madam Speaker, I cent chance the baby would be able to eat on And although some terrible things were in yield briefly to the gentlelady from its own. the bill have been removed—this bill is still an Texas (Ms. JACKSON LEE). attack on women. H.R. 7 hurts women like Vikki Stella, a dia- (Ms. JACKSON LEE asked and was Let me be clear, if H.R. 7 were to become betic, who discovered months into her preg- given permission to revise and extend law, all women could either lose insurance nancy that the fetus she was carrying suffered her remarks.) coverage that includes abortion or be stig- from several major anomalies and had no Ms. JACKSON LEE. Madam Speaker, matized while seeking such comprehensive in- chance of survival. Because of Vikki’s diabe- I ask unanimous consent to introduce a surance. tes, her doctor determined that induced labor list of those opposing H.R. 7 into the Mr. Speaker, I offered an amendment in the and Caesarian section were both riskier proce- RECORD. dures for Vikki than an abortion. Rules Committee last night along with ALL of ORGANIZATIONS OPPOSING H.R. 7, THE ‘‘NO the women on the Judiciary Committee, which Every pregnancy is different. No politician TAXPAYER FUNDING FOR ABORTION ACT’’ was summarily rejected as were all of the knows, or has the right to assume he knows, Advocates for Youth; American Associa- other amendments to this bill. what is best for a woman and her family. tion of University Women (AAUW); Amer- Our amendment would have corrected a These are decisions that properly must be left ican Civil Liberties Union; American Con- shortcoming in the bill, which only considers a to women to make, in consultation with their gress of Obstetricians and Gynecologists; woman’s health when she is faced with death. partners, doctors, and their God. American Public Health Association; Amer- I would like to thank all four women on the H.R. lacks the necessary exceptions to pro- ican Society for Reproductive Medicine; Asian & Pacific Islander American Health Judiciary Committee, KAREN BASS, JUDY CHU, tect the health and life of the mother. H.R. 7 is an unconstitutional infringement on Forum; Association of Reproductive Health SUSAN DELBENE, and ZOE LOFGREN who co- Professionals (ARHP); Black Women’s sponsored this important amendment. the right to privacy, as interpreted by the Su- Health Imperative, Catholics for Choice; Every year, 10–15 million women suffer se- preme Court in a long line of cases going Center for Reproductive Rights; Choice USA. vere or long-lasting damage to their health back to Griswold v. Connecticut in 1965 and Feminist Majority; Guttmacher Institute; during pregnancy. Roe v. Wade decided in 1973. Hadassah, The Women’s Zionist Organization

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1469 of America, Inc; Jewish Women Inter- at risk. So, yes, we will not have in- Simply put, this bill is about making sure national; Joint Action Committee for Polit- creases on small businesses because taxpayer funds are not used to pay for abor- ical Affairs; Methodist Federation for Social they will drop these coverages, but the tions and does not affect the use of private Action; NARAL Pro-Choice America; Na- women of America are going to be told funds. As such, this legislation takes the nec- tional Abortion Federation; National Asian Pacific American Women’s Forum by this government, yes, we know bet- essary steps to codify the Hyde amendment in (NAPAWF); National Center for Lesbian ter than you do. We are going to decide the tax code so that it appropriately reflects Rights; National Council of Jewish Women; for you. changes that have occurred as a result of National Family Planning and Reproductive Vote ‘‘no’’ on this very wrongheaded ObamaCare. Health Association; National Health Law bill. Madam Speaker, I urge my colleagues to Program; National Latina Institute for Re- Mr. GOODLATTE. Madam Speaker, I support this bill. productive Health. yield myself the balance of my time. Mr. HOLT. Madam Speaker, I rise in strong National Organization for Women; Na- I would say that the evidence is over- opposition to H.R. 7, another thinly veiled at- tional Partnership for Women & Families; whelming that the American people do tempt to limit American women from being National Women’s Health Network; National able to access comprehensive health care. Women’s Law Center; People For the Amer- not support using taxpayer funds for ican Way; Physicians for Reproductive abortion, and the evidence is very It may be a new year, but 2014 clearly has Health; Planned Parenthood Federation of strong that that should not be allowed not inspired new beginnings for the Majority America; Population Connection Action under ObamaCare, either, and it is also leadership in this House of Representatives. Fund; Population Institute; Raising Wom- very strong that individuals have the Last year, under Republican leadership, we en’s Voices for the Health Care We Need; Re- opportunity with their own private did not take up immigration reform, we did not ligious Coalition for Reproductive Choice. funds to purchase a policy that pro- overhaul No Child Left Behind, and we did not Religious Institute; Reproductive Health vote on legislation to create jobs, or help Technologies Project; Sexuality Information vides for abortion. It might be a sepa- rate policy from the policy that pro- those who have been struggling to find work. and Education Council of the U.S. (SIECUS); In fact, Congress’s failure to extend unemploy- South Carolina Small Business Chamber of vides their health insurance. It would Commerce; Third Way; Unitarian Univer- be probably not very expensive. That is ment benefit left millions of Americans, includ- salist Association; Unitarian Universalist their choice. That is their conscience. ing 90,000 New Jerseyans, without their bene- Women’s Federation; United Church of That is not what the American people fits. But instead of taking on these critical Christ, Justice and Witness Ministries. expect to see done with their taxpayer issues, we are here today considering a rad- Mr. CONYERS. Madam Speaker, I am dollars. pleased now to yield the remainder of In fact, as one of our committee wit- ical bill that failed in 2011, but has been resur- rected by the Majority so they continue to pur- the time to the distinguished gentle- nesses pointed out, a majority of the sue their war on women and their vendetta woman from California (Ms. LOFGREN). public opposes government funding for Ms. LOFGREN. Madam Speaker, against the Affordable Care Act. abortion. Women oppose funding by a This deceptively named ‘‘No Taxpayer there has been a lot said today about few percentage points more than men, taxpayer money being used for abor- Funding for Abortion and Abortion Insurance and those who are poor and would pre- Full Disclosure Act’’ is not about unauthorized tion. I think it is important to note sumably be those most likely to seek that that does not occur in America use of taxpayer dollars. The purpose of this government funding for abortion op- legislation is to permit the federal government today. That decision was made a num- pose it more than those who are more ber of decades ago recognizing that to interfere with a woman’s decision to use pri- affluent. vate dollars on legal health services. This dan- taxpayer funds will not be used. So The bill before us today is supported gerous legislation would jeopardize the avail- what are we doing here? What we are by all segments of American society, ability of safe reproductive health care serv- doing is making sure that abortion and it should be supported by this ices for all American women. In addition to in- can’t be offered in the private insur- House, as well. I urge my colleagues to tentionally interfering with women’s access to ance market. That is what we are support this important legislation. health services, this bill would result in higher doing here. Let’s pass it through the House. taxes for small businesses, and permanently It was said earlier that the CBO had I yield back the balance of my time. bar military service women, civil servants, D.C. indicated there would be a minimal im- Mr. CAMP. Madam Speaker, I rise today in residents, and low-income women from abor- pact from the tax increase on small support of H.R. 7, the ‘‘No Taxpayer Funding tion coverage. businesses if a broad insurance plan for Abortion Act.’’ This legislation codifies the For 2014, I propose a New Year’s resolution was offered that included abortion. The longstanding, bipartisan Hyde amendment, for this Congress. Let’s cease the tired par- reason for that is that it is anticipated which prevents taxpayer funds from being tisan ploys, and work together on legislation that all of those small businesses will used for abortion-related costs. that expands—not limits—Americans’ access avoid the tax increase and drop the The legislation before us today imposes re- to quality health care coverage. Let’s work to- abortion coverage. So that is why there strictions with respect to two ObamaCare-re- gether to craft legislation that accelerates job would not be a large impact, but there lated tax benefits: the Exchange subsidies and growth, and let’s work together to ensure that will be a large impact on women be- the small business health insurance credit. Americans get their unemployment benefits. cause, although there are exceptions These two provisions were included in a Mr. ADERHOLT. Madam Speaker, thank for the life of the mother, there is no broader bill passed in the 112th Congress. you for bringing this critical bill to the floor exception for the health of the mother, The legislation is necessary because the today. I’d also like to thank my colleague, the something that is required by the Con- Democrats’ health care law included a mas- gentleman from New Jersey, Mr. SMITH, for stitution and our Supreme Court. In sive expansion of the IRS’s authority and fun- authoring this legislation. those cases, this can be a very expen- neled taxpayer funds for various costs and Coming on the heels of the 41st anniversary sive proposition. procedures, including abortions. of Roe v. Wade, this bill signifies our staunch I will just tell you an example of a This legislation will prevent the use of tax- support of life and the importance of pre- person whom I know, Vicki, who, un- payer funding for abortions—reflecting the venting taxpayers’ funds from being used to fortunately, her much-wanted child, all spirit and the intent of the Hyde amendment. pay for abortion. of this child’s brains formed outside of However, I want to be clear about what the For years, our government has had an un- the cranium. There was no question legislation would not do. even approach to federal funding of abortions. this wanted child was not going to sur- It would not affect either the ability of an in- This bill would create a single, unified policy vive more than a minute or 2. Unfortu- dividual to pay for an abortion (or for abortion across all federal agencies. U.S. taxpayer nately for Vicki, without an abortion, coverage) through private funds, or the ability funds are not to be used to pay for abortions the expectation was that her uterus of an entity to provide separate abortion cov- whether it be funding for elective abortion cov- would be destroyed and she would not erage. erage through any program funded through be able to have other children—not It would not apply to abortions in cases of the annual Labor, Health and Human Services that she would die, but that she would rape, incest or life-threatening physical condi- Appropriations Act; funding for health plans not be able to have other children that tion of the mother. that include elective abortion coverage for she and her husband wanted to have. It would not apply to treatment of injury, in- Federal employees; congressionally appro- It is very expensive to get some of fection or other health problems resulting from priated funds for abortion in the District of Co- these procedures when your health is an abortion. lumbia; or funding through the Peace Corps or

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 9920 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1470 CONGRESSIONAL RECORD — HOUSE January 28, 2014 federal prisons or federal immigration deten- to health care for all Americans, instead of de- and victimized by incest, who suffer tion centers to pay for elective abortion. ceptive legislation that interferes with a wom- from debilitating illnesses like the one The No Taxpayer Funding for Abortion Act an’s ability to make personal, private medical that the gentlelady from California de- will do just what the title says. It will ban the decisions. scribed, Vicky, who want nothing more use of federal funds for abortion or health b 1630 than their right to make their own per- plans that cover abortion. H.R. 7 prohibits sonal health care decisions with their The SPEAKER pro tempore. All time abortions at facilities owned or operated by own private insurance. for debate has expired. the federal government, and prevents federal Pursuant to House Resolution 465, I have heard people continuously say employees from performing abortions within the previous question is ordered on the that this is a recodification of the Hyde the scope of their employment. bill, as amended. amendment. We all abide by the Hyde The founding fathers strongly believed that The question is on the engrossment amendment. This bill seeks to strip human beings are created equal and are en- and third reading of the bill. women of their rights to have insur- dowed by their Creator with certain The bill was ordered to be engrossed ance even in the private insurance unalienable rights, among which is the right to and read a third time, and was read the market. That is why I invite my col- life, and therefore the right to life of each third time. leagues to join me in passing this mo- human being should be preserved and pro- MOTION TO RECOMMIT tion to recommit today, to ensure that tected by every human being in the society Ms. MOORE. Madam Speaker, I have we do not unintentionally eviscerate and by the society as a whole. It is our duty a motion to recommit at the desk. protections that are fundamental to as Members of Congress to protect those who The SPEAKER pro tempore. Is the women’s health and liberty. cannot speak for themselves. gentlewoman opposed to the bill? We are greatly concerned about this Mr. TERRY. Madam Speaker, I rise today in Ms. MOORE. Yes, Madam Speaker, I legislation, that it would force women support of H.R. 7—the No Taxpayer Funding am opposed to the bill. in private health insurance to have to for Abortion Act. The SPEAKER pro tempore. The ‘‘justify’’ their need for a full range of Our Founding Fathers, when writing the Clerk will report the motion to recom- reproductive health care services even Declaration of Independence, listed three mit. if their life is in danger or if they have rights that this Congress has an obligation to The Clerk read as follows: been the victim of sexual assault or in- protect, the right to life, liberty and the pursuit Add, at the end of the bill, the following cest. This legislation, again, could re- of happiness. (and conform the table of contents accord- move the option for a health insurance I believe strongly that life begins at concep- ingly): company to choose to offer comprehen- tion and thus it’s our obligation to protect the The SPEAKER pro tempore. The sive women’s health services. right to life, especially for the most defense- Clerk will report the motion to recom- Many of us remember, some of us on less. mit. a very personal level, the egregious his- It’s unconscionable to me that some would The Clerk read as follows: tory of this issue. Many of us remem- even consider using Federal dollars to perform Ms. MOORE moves to recommit the ber the shame and stigma that these heinous acts against the unborn. Unfor- bill H.R. 7 to the Committee on the Ju- women—victims—faced, and still face tunately, there are some who would like this diciary with instructions to report the when they come forward to seek serv- practice to continue even though a majority of bill back to the House forthwith with ices. Depending on how this bill is im- Americans don’t believe that taxpayer funds the following amendment: plemented, a woman could be required Add, at the end of the bill, the following (and should be used to abort a baby. to provide extensive documentation to The bill that we’re debating today prohibits conform the table of contents accordingly): save her own life or even prove to her taxpayer-funded abortions but leaves excep- TITLE III—RULE OF CONSTRUCTION insurance company that she was as- tions for rape, incest and the life of the moth- SEC. 301. PROTECTING THE MEDICAL PRIVACY saulted. What will happen? Will she er. This legislation also holds the President’s OF WOMEN, INCLUDING VICTIMS OF have to go to court, Madam Speaker? health care law to the same standard by mak- RAPE AND INCEST. Nothing in title I, section 201(b), or section Will there be an IRS audit? ing sure those receiving assistance to partici- 202 of this Act shall be construed to author- Madam Speaker, there are just so pate in the newly formed health care ex- ize any party to violate, directly or indi- many unanswered questions, and the changes aren’t able to receive abortion on de- rectly, the medical privacy of any woman, answers could have meaningful con- mand. including the victims of rape or incest, with Like many parents, I will never forget when respect to her choice of or use of comprehen- sequences for women across our entire I first heard my child’s heart beat. It was a sive health insurance coverage. country. sign of a healthy, living child of God. It was a Mrs. BLACKBURN. Madam Speaker, What kind of proof would a woman defining moment for me as a father knowing I reserve a point of order against the need to exercise options for health that my wife and I were bringing and respon- motion to recommit. care? Who gets to determine whether sible for another human being. The SPEAKER pro tempore. A point or not a woman’s sexual assault was a I strongly urge the House to pass this bill of order is reserved. legitimate rape? What kind of inten- because we cannot and shouldn’t accept abor- Pursuant to the rule, the gentle- sively private information would be re- tion on demand with taxpayer dollars. woman from Wisconsin is recognized quired to establish this proof? Who in Mr. GENE GREEN of Texas. Madam for 5 minutes in support of her motion. the insurance company or other entity Speaker, I rise today to express my opposition Ms. MOORE. Madam Speaker, the would be equipped to make a ruling on to H.R. 7, the No Taxpayer Funding for Abor- motion to recommit is very simple, as the validity laid out in the bill? tion Act. the Clerk stated. It will ensure that Oh, we remember our history as Longstanding federal policy explicitly pro- nothing in this bill shall be construed women, of humiliation and public deg- hibits the use of federal funds for abortions, to authorize any party to violate the radation that forced victims of rape or except for certain narrow circumstances of medical privacy of any woman, includ- incest to stay in the shadows rather rape, incest, or severe health complications ing the victims of rape or incest with than to get the health care they need that threaten the life of the mother. The Afford- respect to her choice of or use of com- and deserve, or to seek justice against able Care Act (ACA) maintains this ban and a prehensive health insurance. their attacker. federal appeals court confirmed that no federal Here we are today, Madam Speaker, This motion to recommit simply dollars may be used to pay for abortion serv- on the day of the State of the Union makes sure that we uphold our history ices under the law. when long-term unemployment insur- of protecting the confidentiality and Far more sweeping in scope than the title ance has lapsed, debating a recycled medical privacy of women, upholding implies, the No Taxpayer Funding for Abortion bill that attacks women’s health care. women’s constitutional right to health Act goes well beyond codifying the Hyde This is truly an out-of-touch moment care, particularly those who are vic- amendment and protecting public funds. This for the majority. tims of terrible crimes. I urge my col- bill intrudes on women’s reproductive auton- The legislation under consideration leagues to adopt this motion to recom- omy and access to health care, manipulates today fundamentally lacks compas- mit. the tax code to put additional financial burdens sion. Women’s health advocates have I yield back the balance of my time. on many women and small businesses, and expressed strong concerns about its im- Mrs. BLACKBURN. Madam Speaker, unnecessarily restricts the private insurance pact on women’s right to privacy when I withdraw my point of order and rise choices available to consumers today. it comes to their medical care and de- in opposition to the motion. The House of Representatives should be cisions. This bill could have damaging The SPEAKER pro tempore. The spending our time working to improve access effects on women who have been raped point of order is withdrawn.

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1471 The gentlewoman from Tennessee is [Roll No. 29] Hartzler McMorris Royce recognized for 5 minutes. Hastings (WA) Rodgers Ryan (WI) YEAS—192 Heck (NV) Meadows Salmon Mrs. BLACKBURN. Madam Speaker, Andrews Grayson Negrete McLeod Hensarling Meehan Sanford I find it so interesting that we have an Barber Green, Al Nolan Herrera Beutler Messer Scalise Schock MTR when just 2 weeks ago we brought Barrow (GA) Green, Gene O’Rourke Holding Mica Bass Grijalva Owens Hudson Miller (MI) Schweikert to this floor a bill that Chairman PITTS Beatty Gutie´rrez Pallone Huelskamp Miller, Gary Scott, Austin Sensenbrenner brought from Energy and Commerce Becerra Hahn Pascrell Huizenga (MI) Mullin Sessions Bera (CA) Hanabusa Pastor (AZ) Hultgren Mulvaney that addressed the privacy issues and Shimkus Bishop (GA) Hastings (FL) Payne Hunter Murphy (PA) concerns of all Americans that have Shuster Bishop (NY) Heck (WA) Pelosi Neugebauer Hurt Simpson had to go to the healthcare.gov site. I Bonamici Higgins Perlmutter Noem Issa Smith (MO) would remind my colleagues that there Brady (PA) Himes Peters (CA) Jenkins Nugent Braley (IA) Smith (NE) were 67 Members of their caucus that Holt Peters (MI) Johnson (OH) Nunes Brown (FL) Honda Smith (NJ) Peterson Johnson, Sam Nunnelee crossed the aisle and voted with us. Brownley (CA) Horsford Olson Smith (TX) Pingree (ME) Jordan Southerland Privacy is an important issue, and we Bustos Hoyer Palazzo Pocan Joyce Stewart Butterfield Huffman Paulsen are concerned about that issue for all Polis Kelly (PA) Stivers Capps Israel Pearce Americans. Price (NC) King (IA) Stockman Capuano Jackson Lee Perry Quigley King (NY) Stutzman Ca´ rdenas Jeffries Petri I would also remind my colleagues Rahall Kingston Terry Carney Johnson (GA) Pittenger who have inquired about the possibility Rangel Kinzinger (IL) Thompson (PA) Carson (IN) Johnson, E. B. Pitts of an IRS audit that we have seen Richmond Kline Thornberry Cartwright Kaptur Roybal-Allard Poe (TX) Castor (FL) Keating Labrador Tiberi many of those come out of this admin- Ruiz Pompeo Castro (TX) Kelly (IL) Lamborn Turner istration. I would remind them when Ryan (OH) Posey Chu Kennedy Lance Upton Sa´ nchez, Linda Price (GA) they say we are remembering our his- Cicilline Kildee Lankford Valadao T. Reed tory as women that we all stand and we Clark (MA) Kilmer Latham Wagner Sarbanes Reichert Clarke (NY) Kind Latta Walberg remember that the first guarantee, the Schakowsky Renacci Cleaver Kirkpatrick LoBiondo Walden first right is the right to life. We have Schiff Ribble Walorski Clyburn Kuster Long Schneider Rice (SC) Weber (TX) a responsibility as Members of the peo- Cohen Langevin Lucas Schrader Rigell Webster (FL) ple’s House to make certain we do the Connolly Larsen (WA) Luetkemeyer Schwartz Roby Wenstrup Conyers Larson (CT) Lummis will of the people, and over 60 percent Scott (VA) Roe (TN) Whitfield Cooper Lee (CA) Marchant of all Americans say do not use my Costa Levin Scott, David Rogers (AL) Williams Serrano Marino Rogers (KY) Wilson (SC) money. All money we have is taxpayer Courtney Lewis Massie Crowley Loebsack Sewell (AL) Rogers (MI) Wittman money, and do not use it to fund abor- McAllister Cuellar Lofgren Shea-Porter Rohrabacher Wolf McCarthy (CA) tions. This is what we are doing. Cummings Lowenthal Sherman Rokita Womack McCaul I would remind all of my colleagues Davis (CA) Lowey Sinema Rooney Woodall Sires McClintock Ros-Lehtinen Yoder in the House that the bill that is before Davis, Danny Lujan Grisham DeFazio (NM) Slaughter McHenry Roskam Yoho us today upholds and follows a long- DeGette Luja´ n, Ben Ray Smith (WA) McKeon Ross Young (AK) standing principle that the American Delaney (NM) Speier McKinley Rothfus Young (IN) Swalwell (CA) people and Members from both sides of DeLauro Lynch ANSWERED ‘‘PRESENT’’—1 DelBene Maffei Takano the aisle have supported for decades, Deutch Maloney, Thompson (CA) Lipinski Thompson (MS) that is, that taxpayer dollars should Dingell Carolyn NOT VOTING—17 not be spent on abortions and abortion Doggett Maloney, Sean Tierney Titus Amodei Hinojosa Ruppersberger coverage except in the instance of rape, Doyle Matheson Duckworth Matsui Tonko Blumenauer Jones Rush incest, and life of the mother. Edwards McCollum Tsongas Campbell LaMalfa Sanchez, Loretta The vast majority of my colleagues, Ellison McDermott Van Hollen Chaffetz McCarthy (NY) Tipton Engel McGovern Vargas Clay Miller (FL) Westmoreland Democrat colleagues, voted for this Enyart McIntyre Veasey Frelinghuysen Runyan same principle in last month’s appro- Eshoo McNerney Vela b 1704 priations bill; yet this simple fact Esty Meeks Vela´ zquez seems to be eluding most of them who Farr Meng Visclosky Messrs. REED, BENTIVOLIO, Fattah Michaud Walz DesJARLAIS, MURPHY of Pennsyl- have come to the floor today. I would Foster Miller, George Wasserman encourage my colleagues to vote ‘‘no’’ Frankel (FL) Moore Schultz vania, GOHMERT, RYAN of Wisconsin, on this motion to recommit and to Fudge Moran Waters and MESSER changed their vote from Gabbard Murphy (FL) Waxman vote for H.R. 7 and the underlying leg- ‘‘yea’’ to ‘‘nay.’’ Gallego Nadler Welch Mrs. CAPPS, Mr. KENNEDY, Ms. islation. Garamendi Napolitano Wilson (FL) Garcia Neal Yarmuth WATERS, Messrs. GARAMENDI, I yield back the balance of my time. HUFFMAN, Mses. MICHELLE LUJAN The SPEAKER pro tempore. Without NAYS—221 GRISHAM of New Mexico, SCHA- objection, the previous question is or- Aderholt Cassidy Fleischmann KOWSKY, Messrs. MCINTYRE, dered on the motion to recommit. Amash Chabot Fleming RAHALL, and THOMPSON of Mis- Bachmann Coble Flores sissippi changed their vote from ‘‘nay’’ There was no objection. Bachus Coffman Forbes Barletta Cole Fortenberry to ‘‘yea.’’ The SPEAKER pro tempore. The Barr Collins (GA) Foxx So the motion to recommit was re- question is on the motion to recommit. Barton Collins (NY) Franks (AZ) jected. Benishek Conaway Gardner The result of the vote was announced The question was taken; and the Bentivolio Cook Garrett Speaker pro tempore announced that Bilirakis Cotton Gerlach as above recorded. the noes appeared to have it. Bishop (UT) Cramer Gibbs Stated against: Black Crawford Gibson Mr. LAMALFA. Madam Speaker, on rollcall Ms. MOORE. Madam Speaker, on Blackburn Crenshaw Gingrey (GA) No. 29, I was unexpectedly detained and just that I demand the yeas and nays. Boustany Culberson Gohmert Brady (TX) Daines Goodlatte missed the vote. Had I been present, I would The yeas and nays were ordered. Bridenstine Davis, Rodney Gosar have voted ‘‘no.’’ The SPEAKER pro tempore. Pursu- Brooks (AL) Denham Gowdy The SPEAKER pro tempore. The ant to clause 9 of rule XX, this 15- Brooks (IN) Dent Granger question is on the passage of the bill. Broun (GA) DeSantis Graves (GA) The question was taken; and the minute vote on the motion to recom- Buchanan DesJarlais Graves (MO) mit will be followed by a 5-minute vote Bucshon Diaz-Balart Griffin (AR) Speaker pro tempore announced that the ayes appeared to have it. on passage of the bill, if ordered. Burgess Duffy Griffith (VA) Byrne Duncan (SC) Grimm Mr. CONYERS. Madam Speaker, on The vote was taken by electronic de- Calvert Duncan (TN) Guthrie that I demand the yeas and nays. vice, and there were—yeas 192, nays Camp Ellmers Hall Cantor Farenthold Hanna The yeas and nays were ordered. 221, answered ‘‘present’’ 1, not voting Capito Fincher Harper The SPEAKER pro tempore. This is a 17, as follows: Carter Fitzpatrick Harris 5-minute vote.

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1472 CONGRESSIONAL RECORD — HOUSE January 28, 2014 The vote was taken by electronic de- Davis, Danny Kildee Pocan SUPPORT FOR UNITED STATES-RE- vice, and there were—yeas 227, nays DeFazio Kilmer Polis PUBLIC OF KOREA CIVIL NU- DeGette Kind Price (NC) 188, answered ‘‘present’’ 1, not voting Delaney Kirkpatrick Quigley CLEAR COOPERATION ACT 15, as follows: DeLauro Kuster Rangel Mr. ROYCE. Madam Speaker, I ask DelBene Langevin [Roll No. 30] Richmond unanimous consent to take from the Deutch Larsen (WA) Roybal-Allard YEAS—227 Dingell Larson (CT) Ruiz Speaker’s table the bill (S. 1901) to au- Doggett Lee (CA) Aderholt Graves (GA) Paulsen Ryan (OH) thorize the President to extend the Doyle Levin Amash Graves (MO) Pearce Sa´ nchez, Linda Duckworth Lewis term of the nuclear energy agreement Bachmann Griffin (AR) Perry T. Edwards Loebsack with the Republic of Korea until March Bachus Griffith (VA) Peterson Sarbanes Ellison Lofgren Barletta Grimm Pittenger Schakowsky 19, 2016, and ask for its immediate con- Engel Lowenthal Barr Guthrie Pitts Schiff sideration in the House. Enyart Lowey Barton Hall Poe (TX) Schneider Eshoo Lujan Grisham The Clerk read the title of the bill. Benishek Harper Pompeo Esty (NM) Schrader The SPEAKER pro tempore. Is there Bentivolio Harris Posey Farr Luja´ n, Ben Ray Schwartz Bilirakis Hartzler Price (GA) objection to the request of the gen- Fattah (NM) Scott (VA) Bishop (UT) Hastings (WA) Rahall tleman from California? Foster Lynch Scott, David Black Heck (NV) Reed Frankel (FL) Maffei Serrano There was no objection. Blackburn Hensarling Reichert Fudge Maloney, Sewell (AL) The text of the bill is as follows: Boustany Herrera Beutler Renacci Gabbard Carolyn Shea-Porter Brady (TX) Holding Ribble S. 1901 Gallego Maloney, Sean Sherman Bridenstine Hudson Rice (SC) Be it enacted by the Senate and House of Rep- Garamendi Matsui Sinema Brooks (AL) Huelskamp Rigell Garcia McCollum Sires resentatives of the United States of America in Brooks (IN) Huizenga (MI) Roby Grayson McDermott Slaughter Congress assembled, Buchanan Hultgren Roe (TN) Green, Al McGovern Smith (WA) SECTION 1. SHORT TITLE. Bucshon Hunter Rogers (AL) Green, Gene McNerney Burgess Hurt Rogers (KY) Speier This Act may be cited as the ‘‘Support for Grijalva Meeks Byrne Issa Rogers (MI) Swalwell (CA) United States-Republic of Korea Civil Nu- Gutie´rrez Meng Calvert Jenkins Rohrabacher Takano clear Cooperation Act’’. Hahn Michaud Camp Johnson (OH) Rokita Thompson (CA) Hanabusa Miller, George SEC. 2. FINDINGS. Cantor Johnson, Sam Rooney Thompson (MS) Hanna Moore Congress makes the following findings: Capito Jordan Ros-Lehtinen Tierney Hastings (FL) Moran (1) In the 60th year of the alliance, the re- Carter Joyce Roskam Titus Heck (WA) Murphy (FL) Cassidy Kelly (PA) Ross Tonko lationship between the United States and the Higgins Nadler Chabot King (IA) Rothfus Tsongas Republic of Korea could not be stronger. It is Himes Napolitano Chaffetz King (NY) Royce Van Hollen based on mutual sacrifice, mutual respect, Holt Neal Coble Kingston Ryan (WI) Vargas Honda Negrete McLeod shared interests, and shared responsibility to Coffman Kinzinger (IL) Salmon Horsford Nolan Veasey promote peace and security in the Asia-Pa- Cole Kline Sanford Hoyer O’Rourke Vela cific region and throughout the world. Collins (GA) Labrador Scalise ´ Huffman Owens Velazquez (2) North Korea’s nuclear weapons pro- Collins (NY) LaMalfa Schock Israel Pallone Visclosky Conaway Lamborn Schweikert grams, including uranium enrichment and Jackson Lee Pascrell Walz Cook Lance Scott, Austin plutonium reprocessing technologies, under- Jeffries Pastor (AZ) Wasserman Cotton Lankford Sensenbrenner mine security on the Korean Peninsula. The Johnson (GA) Payne Schultz Cramer Latham Sessions Johnson, E. B. Pelosi Waters United States and the Republic of Korea Crawford Latta Shimkus Kaptur Perlmutter Waxman have a shared interest in preventing further Crenshaw Lipinski Shuster Keating Peters (CA) Welch proliferation, including through the imple- Cuellar LoBiondo Simpson Kelly (IL) Peters (MI) Wilson (FL) mentation of the 2005 Joint Statement of the Culberson Long Smith (MO) Kennedy Pingree (ME) Yarmuth Daines Lucas Smith (NE) Six-Party Talks. Davis, Rodney Luetkemeyer Smith (NJ) ANSWERED ‘‘PRESENT’’—1 (3) Both the United States and Republic of Denham Lummis Smith (TX) Korea have a shared objective in strength- Broun (GA) Dent Marchant Southerland ening the Treaty on the Non-Proliferation of DeSantis Marino Stewart NOT VOTING—15 Nuclear Weapons, done at London, Moscow, DesJarlais Massie Stivers Amodei Jones Ruppersberger and Washington July 1, 1968, and a political Diaz-Balart Matheson Stockman Blumenauer McCarthy (NY) Rush and a commercial interest in working col- Duffy McAllister Stutzman Campbell Miller (FL) Sanchez, Loretta Duncan (SC) McCarthy (CA) Terry laboratively to address challenges to their Clay Petri Tipton Duncan (TN) McCaul Thompson (PA) respective peaceful civil nuclear programs. Hinojosa Runyan Westmoreland Ellmers McClintock Thornberry (4) The nuclear energy agreement referred Farenthold McHenry Tiberi b 1712 to in section 3 is scheduled to expire on Fincher McIntyre Turner March 19, 2014. In order to maintain healthy Fitzpatrick McKeon Upton Ms. SINEMA changed her vote from and uninterrupted cooperation in this area Fleischmann McKinley Valadao ‘‘yea’’ to ‘‘nay.’’ between the two countries while a new Fleming McMorris Wagner So the bill was passed. Flores Rodgers Walberg agreement is being negotiated, Congress Forbes Meadows Walden The result of the vote was announced should authorize the President to extend the Fortenberry Meehan Walorski as above recorded. duration of the current agreement until Foxx Messer Weber (TX) A motion to reconsider was laid on March 19, 2016. Franks (AZ) Mica Webster (FL) the table. SEC. 3. EXTENSION OF NUCLEAR ENERGY AGREE- Frelinghuysen Miller (MI) Wenstrup MENT WITH THE REPUBLIC OF Gardner Miller, Gary Whitfield Stated against: Mr. LAMALFA. Madam Speaker, on rollcall KOREA. Garrett Mullin Williams Notwithstanding section 123 of the Atomic Gerlach Mulvaney Wilson (SC) No. 30 I was not able to vote because I was Energy Act of 1954 (42 U.S.C. 2153), the Presi- Gibbs Murphy (PA) Wittman home recovering from knee surgery and pneu- Gibson Neugebauer Wolf dent is authorized to take such actions as Gingrey (GA) Noem Womack monia. Had I been present, I would have voter may be required to extend the term of the Gohmert Nugent Woodall ‘‘no.’’ Agreement for Cooperation between the Gov- Goodlatte Nunes Yoder PERSONAL EXPLANATION ernment of the United States of America and Gosar Nunnelee Yoho Mr. MILLER of Florida. Madam Speaker, the Government of the Republic of Korea Gowdy Olson Young (AK) Concerning Civil Uses of Atomic Energy, Granger Palazzo Young (IN) due to being unavoidably detained, I missed the following rollcall votes: No. 26, No. 27, No. done at Washington November 24, 1972 (24 NAYS—188 UST 775; TIAS 7583), and amended on May 15, 28, No. 29, and No. 30 on January 28, 2014 Andrews Brownley (CA) Clark (MA) 1974 (25 UST 1102; TIAS 7842), to a date that Barber Bustos Clarke (NY) (today). is not later than March 19, 2016. Barrow (GA) Butterfield Cleaver If present, I would have voted: rollcall vote SEC. 4. REPORT TO CONGRESS ON PROGRESS OF Bass Capps Clyburn No. 26—H. Res. 465, On Ordering the Pre- NEGOTIATIONS BETWEEN THE Beatty Capuano Cohen vious Question, ‘‘aye;’’ rollcall vote No. 27—H. UNITED STATES AND REPUBLIC OF ´ Becerra Cardenas Connolly Res. 465, On Agreeing to the Resolution, KOREA. Bera (CA) Carney Conyers Not later than 180 days after the date of Bishop (GA) Carson (IN) Cooper ‘‘aye;’’ rollcall vote No. 28—On Approving the the enactment of this Act, and every 180 days Bishop (NY) Cartwright Costa Journal, ‘‘nay;’’ rollcall vote No. 29—H.R. 7, thereafter until a new Agreement for Co- Bonamici Castor (FL) Courtney On Motion to Recommit, ‘‘nay;’’ rollcall vote Brady (PA) Castro (TX) Crowley operation between the Government of the Braley (IA) Chu Cummings No. 30—H.R. 7, No Taxpayer Funding for United States of America and the Govern- Brown (FL) Cicilline Davis (CA) Abortion Act, On Passage, ‘‘aye.’’ ment of the Republic of Korea Concerning

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1473 Civil Uses of Nuclear Energy is submitted to pated, the rule regarding the privilege that body, appoints the following Sen- Congress, the President shall provide to the of the floor must be strictly enforced. ators as members of the committee on Committee on Foreign Relations and the Children of Members will not be per- the part of the Senate to escort the Committee on Appropriations of the Senate mitted on the floor. The cooperation of President of the United States into the and the Committee on Foreign Affairs and the Committee on Appropriations of the all Members is requested. House Chamber: House of Representatives a report on the The practice of purporting to reserve The Senator from Nevada (Mr. REID); progress of negotiations on a new civil nu- seats prior to the joint session by The Senator from Illinois (Mr. DUR- clear cooperation agreement. placement of placards or personal BIN); The bill was ordered to be read a items will not be allowed. Chamber Se- The Senator from New York (Mr. third time, was read the third time, curity may remove these items from SCHUMER); and passed, and a motion to reconsider the seats. Members may reserve their The Senator from Washington (Mrs. was laid on the table. seats only by physical presence fol- MURRAY); lowing the security sweep of the Cham- The Senator from Colorado (Mr. BEN- f ber. NET); The Senator from Michigan (Ms. STA- HOUR OF MEETING ON TOMORROW f BENOW); Mr. ROYCE. Madam Speaker, I ask RECESS The Senator from Alaska (Mr. unanimous consent that when the The SPEAKER pro tempore. Pursu- BEGICH); House adjourns today, it adjourn to The Senator from Kentucky (Mr. meet at 9 a.m. tomorrow. ant to clause 12(a) of rule I, the Chair declares the House in recess until ap- MCCONNELL); The SPEAKER pro tempore. Is there The Senator from Texas (Mr. COR- objection to the request of the gen- proximately 8:35 p.m. for the purpose of receiving in joint session the President NYN); tleman from California? The Senator from South Dakota (Mr. There was no objection. of the United States. Accordingly (at 5 o’clock and 18 min- THUNE); f utes p.m.), the House stood in recess. The Senator from Missouri (Mr. BLUNT); and COMMUNICATION FROM THE f The Senator from Wyoming (Mr. DEMOCRATIC LEADER b 2041 BARRASSO). The SPEAKER pro tempore laid be- JOINT SESSION OF CONGRESS The Assistant to the Sergeant at fore the House the following commu- PURSUANT TO HOUSE CONCUR- Arms announced the Acting Dean of nication from the Honorable NANCY RENT RESOLUTION 75 TO RE- the Diplomatic Corps, Ambassador Her- PELOSI, Democratic Leader: CEIVE A MESSAGE FROM THE sey Kyota of the Republic of Palau. CONGRESS OF THE UNITED STATES, The Acting Dean of the Diplomatic PRESIDENT HOUSE OF REPRESENTATIVES, Corps entered the Hall of the House of Washington, DC, January 28, 2014. The recess having expired, the House Representatives and took the seat re- Hon. JOHN BOEHNER, was called to order by the Speaker at 8 served for him. Speaker of the House, H–232, United States Cap- o’clock and 41 minutes p.m. The Assistant to the Sergeant at itol, The Assistant to the Sergeant at Arms announced the Chief Justice of Washington, DC. Arms, Ms. Kathleen Joyce, announced DEAR SPEAKER BOEHNER: Pursuant to Sec- the United States and the Associate tion 4(b) of House Resolution 5, 113th Con- the Vice President and Members of the Justices of the Supreme Court. gress, I am pleased to appoint the following U.S. Senate, who entered the Hall of The Chief Justice of the United members to the House Democracy Partner- the House of Representatives, the Vice States and the Associate Justices of ship: President taking the chair at the right the Supreme Court entered the Hall of The Honorable David E. Price of North of the Speaker, and the Members of the the House of Representatives and took Carolina Senate the seats reserved for them. the seats reserved for them in front of The Honorable Lois Capps of California The SPEAKER. The joint session will the Speaker’s rostrum. The Honorable Sam Farr of California come to order. The Honorable Keith Ellison of Minnesota The Assistant to the Sergeant at The Honorable Lucille Roybal-Allard of The Chair appoints as members of Arms announced the Cabinet of the California the committee on the part of the House President of the United States. The Honorable Susan Davis of California to escort the President of the United The members of the Cabinet of the The Honorable Gwen Moore of Wisconsin States into the Chamber: President of the United States entered The Honorable Jim McDermott of Wash- The gentleman from Virginia (Mr. the Hall of the House of Representa- ington CANTOR); tives and took the seats reserved for The Honorable Dina Titus of Nevada The gentleman from California (Mr. them in front of the Speaker’s rostrum. Thank you for your attention to these ap- MCCARTHY); At 9 o’clock and 10 minutes p.m., the pointments. The gentleman from Oregon (Mr. Sincerely, Sergeant at Arms, the Honorable Paul WALDEN); NANCY PELOSI, D. Irving, announced the President of Democratic Leader. The gentleman from Oklahoma (Mr. the United States. LANKFORD); The President of the United States, f The gentlewoman from Kansas (Ms. escorted by the committee of Senators b 1715 JENKINS); and Representatives, entered the Hall The gentlewoman from North Caro- ANNOUNCEMENT BY THE SPEAKER of the House of Representatives and lina (Ms. FOXX); PRO TEMPORE stood at the Clerk’s desk. The gentlewoman from California (Applause, the Members rising.) The SPEAKER pro tempore. After (Ms. PELOSI); The SPEAKER. Members of the Con- consultation among the Speaker and The gentleman from Maryland (Mr. gress, I have the high privilege and the the majority and minority leaders, and HOYER); distinct honor of presenting to you the with their consent, the Chair an- The gentleman from South Carolina President of the United States. nounces that, when the two Houses (Mr. CLYBURN); (Applause, the Members rising.) meet tonight in joint session to hear The gentleman from California (Mr. The PRESIDENT. Mr. Speaker, Mr. an address by the President of the BECERRA); Vice President, Members of Congress, United States, only the doors imme- The gentleman from New York (Mr. my fellow Americans: diately opposite the Speaker and those CROWLEY); Today in America, a teacher spent immediately to his left and right will The gentleman from New York (Mr. extra time with a student who needed be open. ISRAEL); and it, and did her part to lift America’s No one will be allowed on the floor of The gentlewoman from Connecticut graduation rate to its highest levels in the House who does not have the privi- (Ms. DELAURO). more than three decades. lege of the floor of the House. Due to The VICE PRESIDENT. The Presi- An entrepreneur flipped on the lights the large attendance that is antici- dent of the Senate, at the direction of in her tech startup, and did her part to

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1474 CONGRESSIONAL RECORD — HOUSE January 28, 2014 add to the more than 8 million new on creating new jobs, not creating new are tired of stale political arguments jobs our businesses have created over crises. and are moving this country forward. the past 4 years. In the coming months, let’s see They believe and I believe that, here in An autoworker fine-tuned some of where else we can make progress to- America, our success should depend not the best, most fuel-efficient cars in the gether. Let’s make this a year of ac- on accident of birth but the strength of world, and did his part to help America tion. That is what most Americans our work ethic and the scope of our wean itself off foreign oil. want—for all of us in this Chamber to dreams. That is what drew our fore- A farmer prepared for the spring focus on their lives, their hopes, their bears here. It is how the daughter of a after the strongest 5-year stretch of aspirations; and what I believe unites factory worker is CEO of America’s farm exports in our history. A rural the people of this Nation, regardless of largest automaker, how the son of a doctor gave a young child the first pre- race or region or party, young or old, barkeeper is Speaker of the House, how scription to treat asthma that his rich or poor, is the simple, profound be- the son of a single mom can be Presi- mother could afford. A man took the lief in opportunity for all—the notion dent of the greatest Nation on Earth. bus home from the graveyard shift, that, if you work hard and take respon- Now, opportunity is who we are, and bone-tired but dreaming big dreams for sibility, you can get ahead in America. the defining project of our generation his son. And in tight-knit communities Let’s face it. That belief has suffered must be to restore that promise. all across America, fathers and moth- some serious blows. Over more than We know where to start: the best ers will tuck in their kids, put an arm three decades, even before the Great measure of opportunity is access to a around their spouse, remember fallen Recession hit, massive shifts in tech- good job. With the economy picking up comrades, and give thanks for being nology and global competition had speed, companies say they intend to home from a war that, after 12 long eliminated a lot of good, middle class hire more people this year, and over years, is finally coming to an end. jobs and weakened the economic foun- half of big manufacturers say they are Tonight, this Chamber speaks with dations that families depend on. thinking of in-sourcing jobs from one voice to the people we represent: it Today, after 4 years of economic abroad. is you, our citizens, who make the growth, corporate profits and stock So let’s make that decision easier for state of our Union strong. prices have rarely been higher, and more companies. Both Democrats and Here are the results of your efforts: those at the top have never done bet- Republicans have argued that our Tax the lowest unemployment rate in over ter, but average wages have barely Code is riddled with wasteful, com- 5 years. A rebounding housing market. budged. Inequality has deepened. Up- plicated loopholes that punish busi- A manufacturing sector that’s adding ward mobility has stalled. The cold, nesses investing here and reward com- jobs for the first time since the 1990s. hard fact is that, even in the midst of panies that keep profits abroad. Let’s More oil produced at home than we buy recovery, too many Americans are flip that equation. Let’s work together from the rest of the world—the first working more than ever just to get by, to close those loopholes, end those in- time that’s happened in nearly 20 let alone to get ahead, and too many centives to ship jobs overseas, and years. Our deficits—cut by more than still aren’t working at all. lower tax rates for businesses that cre- half. And for the first time in over a So our job is to reverse these trends. ate jobs right here at home. decade, business leaders around the It won’t happen right away, and we Moreover, we can take the money we world have declared that China is no won’t agree on everything; but what I save with this transition to tax reform longer the world’s number one place to offer tonight is a set of concrete, prac- to create jobs rebuilding our roads, up- invest; America is. tical proposals to speed up growth, grading our ports, unclogging our com- That’s why I believe this can be a strengthen the middle class, and build mutes because, in today’s global econ- breakthrough year for America. After 5 new ladders of opportunity into the omy, first-class jobs gravitate to first- years of grit and determined effort, the middle class. Some require congres- class infrastructure. We will need Con- United States is better positioned for sional action, and I am eager to work gress to protect more than 3 million the 21st century than any other nation with all of you; but America does not jobs by finishing transportation and on Earth. stand still, and neither will I, so wher- waterways bills this summer—that can The question for everyone in this ever and whenever I can take steps happen—but I will act on my own to Chamber, running through every deci- without legislation to expand oppor- slash bureaucracy and streamline the sion we make this year, is whether we tunity for more American families, permitting process for key projects so are going to help or hinder this that is what I am going to do. we can get more construction workers progress. For several years now, this As usual, our First Lady sets a good on the job as fast as possible. town has been consumed by a ran- example. Michelle’s Let’s Move part- We also have the chance right now to corous argument over the proper size of nership with schools, businesses, and beat other countries in the race for the the Federal Government. It’s an impor- local leaders has helped bring down next wave of high-tech manufacturing tant debate—one that dates back to childhood obesity rates for the first jobs. My administration has launched our very founding. But when that de- time in 30 years, and that is an two hubs for high-tech manufac- bate prevents us from carrying out achievement that will improve lives turing—in Raleigh, North Carolina, even the most basic functions of our and reduce health care costs for dec- and in Youngstown, Ohio—where we democracy—when our differences shut ades to come. The Joining Forces alli- have connected businesses to research down government or threaten the full ance that Michelle and Jill Biden universities that can help America lead faith and credit of the United States— launched has already encouraged em- the world in advanced technologies. then we are not doing right by the ployers to hire or train nearly 400,000 Tonight, I am announcing we will American people. veterans and military spouses. Taking launch six more this year. Bipartisan As President, I am committed to a page from that playbook, the White bills in both Houses could double the making Washington work better and House just organized a College Oppor- number of these hubs and the jobs they rebuilding the trust of the people who tunity Summit where already 150 uni- create. So get those bills to my desk. sent us here. And I believe most of you versities, businesses, and nonprofits Put more Americans back to work. are too. have made concrete commitments to Let’s do more to help the entre- Last month, thanks to the work of reduce inequality and access to higher preneurs and small business owners Democrats and Republicans, Congress education and to help every hard- who create most new jobs in America. finally produced a budget that undoes working kid go to college and succeed Over the past 5 years, my administra- some of last year’s severe cuts to prior- when they get to campus. Across the tion has made more loans to small ities like education. Nobody got every- country, we are partnering with may- business owners than any other, and thing they wanted, and we can still do ors, Governors, and State legislatures when 98 percent of our exporters are more to invest in this country’s future on issues from homelessness to mar- small businesses, new trade partner- while bringing down our deficit in a riage equality. ships with Europe and the Asia-Pacific balanced way, but the budget com- The point is there are millions of will help them create even more jobs. promise should leave us freer to focus Americans outside of Washington who We need to work together on tools like

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1475 bipartisan trade promotion authority Taken together, our energy policy is more on-the-job training and appren- to protect our workers, protect our en- creating jobs and leading to a cleaner, ticeships that set a young worker on a vironment, and open new markets to safer planet. Over the past 8 years, the trajectory for life. It means connecting new goods stamped ‘‘Made in the United States has reduced our total companies to community colleges that USA.’’ Listen, China and Europe aren’t carbon pollution more than any other can help design training to fill their standing on the sidelines, and neither nation on Earth. But we have to act specific needs. And if Congress wants should we. with more urgency because a changing to help, you can concentrate funding We know that the Nation that goes climate is already harming Western on proven programs that connect more ‘‘all in’’ on innovation today will own communities struggling with drought ready-to-work Americans with ready- the global economy tomorrow. This is and coastal cities dealing with floods. to-be-filled jobs. an edge America cannot surrender. That’s why I directed my administra- I am also convinced we can help Federally funded research helped lead tion to work with States, utilities, and Americans return to the workforce to the ideas and inventions behind others to set new standards on the faster by reforming unemployment in- Google and smartphones, and that is amount of carbon pollution our power surance so that it is more effective in why Congress should undo the damage plants are allowed to dump into the today’s economy. But first, this Con- done by last year’s cuts to basic re- air. gress needs to restore the unemploy- search—so we can unleash the next The shift to a cleaner energy econ- ment insurance you just let expire for great American discovery. There are omy won’t happen overnight, and it 1.6 million people. entire industries to be built based on will require some tough choices along Let me tell you why. vaccines that stay ahead of drug-resist- the way. But the debate is settled. Cli- Misty DeMars is a mother of two ant bacteria or paper-thin material mate change is a fact. And when our young boys. She had been steadily em- that is stronger than steel, and let’s children’s children look us in the eye ployed since she was a teenager. She pass a patent reform bill that allows and ask if we did all we could to leave put herself through college. She had our businesses to stay focused on inno- them a safer, more stable world, with never collected unemployment bene- vation, not costly and needless litiga- new sources of energy, I want us to be fits—but she had been paying taxes. tion. able to say, yes, we did. In May, she and her husband used Now, one of the biggest factors in Finally, if we are serious about eco- their life savings to buy their first bringing more jobs back is our commit- nomic growth, it is time to heed the home. A week later, budget cuts ment to American energy. The all-of- call of business leaders, labor leaders, claimed the job she loved. Last month, the-above energy strategy I announced faith leaders, and law enforcement and when their unemployment insurance a few years ago is working, and today, fix our broken immigration system. was cut off, she sat down and wrote me America is closer to energy independ- Republicans and Democrats in the Sen- a letter—the kind I get every day. ence than we have been in decades. ate have acted. I know that Members of ‘‘We are the face of the unemploy- One of the reasons why is natural both parties in the House want to do ment crisis,’’ she wrote. ‘‘I am not de- gas. If extracted safely, it is the bridge the same. pendent on the government . . .Our fuel that can power our economy with Independent economists say immi- country depends on people like us who less of the carbon pollution that causes gration reform will grow our economy build careers, contribute to society . . . climate change. Businesses plan to in- and shrink our deficit by almost $1 tril- care about our neighbors . . . I am con- vest almost $100 billion in new fac- lion in the next two decades. And for fident that in time I will find a job . . . tories that use natural gas. I will cut good reason. When people come here to I will pay my taxes, and we will raise red tape to help States get those fac- fulfill their dreams—to study, invent, our children in their own home in the tories built and put folks to work, and and contribute to our culture—they community we love. Please give us this this Congress can help by putting peo- make our country a more attractive chance.’’ ple to work building fueling stations place for businesses to locate and cre- Congress, give these hardworking, re- that shift more cars and trucks from ate jobs for everybody. So let’s get im- sponsible Americans that chance. Give foreign oil to American natural gas. migration reform done this year. Let’s them that chance. Give them the Meanwhile, my administration will get it done. It’s time. chance. They need our help right now, keep working with the industry to sus- The ideas I have outlined so far can but more important, this country tain production and job growth while speed up growth and create more jobs. needs them in the game. That’s why strengthening protection of our air, But in this rapidly changing economy, I’ve been asking CEOs to give more our water, and our communities. And we have to make sure that every Amer- long-term unemployed workers a fair while we are at it, I will use my au- ican has the skills to fill those jobs. shot at new jobs, a new chance to sup- thority to protect more of our pristine The good news is, we know how to do port their families. And, in fact, this Federal lands for future generations. it. Two years ago, as the auto industry week many will come to the White It is not just oil and natural gas pro- came roaring back, Andra Rush opened House to make that commitment real. duction that’s booming. We are becom- up a manufacturing firm in Detroit. Tonight, I ask every business leader in ing a global leader in solar, too. Every She knew that Ford needed parts for America to join us and do the same, be- 4 minutes, another American home or the best-selling truck in America, and cause we are stronger when America business goes solar, every panel she knew how to make those parts. She fields a full team. pounded into place by a worker whose just needed the workforce. Of course, it’s not enough to train to- job cannot be outsourced. Let’s con- So she dialed up what we call an day’s workforce. We also have to pre- tinue that progress with a smarter tax American Job Center—places where pare tomorrow’s workforce by guaran- policy that stops giving $4 billion a folks can walk in to get the help or teeing every child access to a world- year to fossil fuel industries that don’t training they need to find a new job, or class education. need it so that we can invest more in a better job. She was flooded with new Estiven Rodriguez couldn’t speak a fuels of the future that do. workers. And today, Detroit Manufac- word of English when he moved to New And even as we have increased en- turing Systems has more than 700 em- York City at age 9. But last month, ergy production, we have partnered ployees. thanks to the support of great teachers with businesses, builders, and local What Andra and her employees expe- and an innovative tutoring program, he communities to reduce the energy we rienced is how it should be for every led a march of his classmates through consume. When we rescued our auto- employer—and every job seeker. So to- a crowd of cheering parents and neigh- makers, for example, we worked with night, I have asked Vice President bors from their high school to the post them to set higher fuel-efficiency BIDEN to lead an across-the-board re- office where they mailed off their col- standards for our cars. In the coming form of America’s training programs to lege applications. And this son of a fac- months, I will build on that success by make sure they have one mission: train tory worker just found out he’s going setting new standards for our trucks so Americans with the skills employers to college this fall. we can keep driving down oil imports need and match them to good jobs that Five years ago, we set out to change and what we pay at the pump. need to be filled right now. That means the odds for all our kids. We worked

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1476 CONGRESSIONAL RECORD — HOUSE January 28, 2014 with lenders to reform student loans; The bottom line is, Michelle and I Today, the Federal minimum wage is and, today, more young people are want every child to have the same worth about 20 percent less than it was earning college degrees than ever be- chance this country gave us; but we when Ronald Reagan first stood here. fore. Race to the Top, with the help of know our opportunity agenda won’t be TOM HARKIN and GEORGE MILLER have a Governors from both parties, has complete, and too many young people bill to fix that by lifting the minimum helped States raise expectations and entering the workforce today will see wage to $10.10. It is easy to remember— performance. Teachers and principals the American Dream as an empty 10, 10. This will help families. It will in schools from Tennessee to Wash- promise, unless we also do more to give businesses customers with more ington, D.C., are making big strides in make sure our economy honors the dig- money to spend. It does not involve preparing students with the skills for nity of work, and hard work pays off any new bureaucratic program. So join the new economy, problem-solving, for every single American. the rest of the country. Say ‘‘yes.’’ critical thinking, science, technology, Now, today, women make up about Give America a raise. Give them a engineering, math. half our workforce; but they still make raise. Now, some of this change is hard. It 77 cents for every dollar a man earns. There are other steps we can take to requires everything from more chal- That is wrong and, in 2014, it’s an em- help families make ends meet, and few lenging curriculums and more demand- barrassment. Women deserve equal pay are more effective at reducing inequal- ing parents to better support for teach- for equal work. She deserves to have a ity and helping families pull them- ers and new ways to measure how well baby without sacrificing her job. A selves up through hard work than the our kids think, not how well they can mother deserves a day off to care for a earned income tax credit. Right now, it fill in a bubble on a test. But it is sick child or a sick parent without run- helps about half of all parents at some worth it, and it is working. ning into hardship. And you know point. Think about that. It helps about The problem is, we’re still not reach- what? A father does too. It is time to half of all parents in America at some ing enough kids, and we’re not reach- do away with workplace policies that point in their lives. But I agree with ing them in time, and that has to belong in a ‘‘Mad Men’’ episode. This Republicans like Senator RUBIO that it change. year, let’s all come together, Congress, Research shows that one of the best doesn’t do enough for single workers the White House, businesses from Wall who don’t have kids. So let’s work to- investments we can make in a child’s Street to Main Street, to give every life is high-quality early education. gether to strengthen the credit, reward woman the opportunity she deserves, work, and help more Americans get Last year, I asked this Congress to help because I believe when women succeed, States make high-quality pre-K avail- ahead. America succeeds. Let’s do more to help Americans save able to every 4-year-old; and as a par- Now, women hold a majority of ent, as well as the President, I repeat for retirement. Today, most workers lower-wage jobs, but they’re not the don’t have a pension. A Social Security that request tonight. But in the mean- only ones stifled by stagnant wages. time, 30 States have raised pre-K fund- check often isn’t enough on its own. Americans understand that some peo- And while the stock market has dou- ing on their own. They know we can’t ple will earn more money than others, wait. So just as we worked with States bled over the last 5 years, that doesn’t and we don’t resent those who, by vir- help folks who don’t have 401(k)s. to reform our schools, this year we’ll tue of their efforts, achieve incredible invest in new partnerships with States That is why tomorrow, I will direct success. That’s what America’s all the Treasury to create a new way for and communities across the country in about. But Americans overwhelmingly a race to the top for our youngest chil- working Americans to start their own agree that no one who works full-time retirement savings: MyRA. It is a new dren. And as Congress decides what it’s should ever have to raise a family in going to do, I’m going to pull together savings bond that encourages folks to poverty. build a nest egg. MyRA guarantees a a coalition of elected officials, business In the year since I asked this Con- decent return with no risk of losing leaders, and philanthropists willing to gress to raise the minimum wage, five what you put in. And if this Congress help more kids access the high-quality States have passed laws to raise theirs. wants to help, work with me to fix an pre-K that they need. It is right for Many businesses have done it on their upside-down Tax Code that gives big America. We need to get this done. own. Nick Chute is here today with his tax breaks to help the wealthy save but Last year, I also pledged to connect boss, John Sorrano. John’s an owner of 99 percent of our students to high-speed Punch Pizza in Minneapolis, and Nick does little to nothing for middle class broadband over the next 4 years. To- helps make the dough. Only now, he Americans. Offer every American access to an night, I can announce that, with the makes more of it. John just gave his automatic IRA on the job so they can support of the FCC and companies like employees a raise, to 10 bucks an hour, save at work, just like everybody in Apple, Microsoft, Sprint, and Verizon, and that’s a decision that has eased this Chamber can. And since the most we’ve got a down payment to start con- their financial stress and boosted their important investment many families necting more than 15,000 schools and 20 morale. million students over the next 2 years, Tonight, I ask more of America’s make is their home, send me legisla- without adding a dime to the deficit. business leaders to follow John’s lead. tion that protects taxpayers from foot- We’re working to redesign high Do what you can to raise your employ- ing the bill for a housing crisis ever schools and partner them with colleges ees’ wages. It’s good for the economy. again and keeps the dream of home- and employers that offer the real-world It’s good for America. ownership alive for future generations. education and hands-on training that To every mayor, Governor, State leg- One last point on financial security. can lead directly to a job and career. islator in America, I say, you don’t For decades, few things exposed hard- We’re shaking up our system of higher have to wait for Congress to act. Amer- working families to economic hardship education to give parents more infor- icans will support you if you take this more than a broken health care sys- mation and colleges more incentives to on. And as the Chief Executive, I in- tem. And in case you haven’t heard, we offer better value, so that no middle tend to lead by example. Profitable are in the process of fixing that. class kid is priced out of a college edu- corporations like Costco see higher A preexisting condition used to mean cation. We’re offering millions the op- wages as the smart way to boost pro- that someone like Amanda Shelley, a portunity to cap their monthly student ductivity and reduce turnover. We physician assistant and single mom loan payments to 10 percent of their in- should too. from Arizona, couldn’t get health in- come, and I want to work with Con- In the coming weeks, I will issue an surance. But on January 1, she got cov- gress to see how we can help even more executive order requiring Federal con- ered. On January 3, she felt a sharp Americans who feel trapped by student tractors to pay their federally funded pain. On January 6, she had emergency loan debt. And I’m reaching out to employees a fair wage of at least $10.10 surgery. Just 1 week earlier, Amanda some of America’s leading foundations an hour—because if you cook our said, that surgery would have meant and corporations on a new initiative to troops’ meals or wash their dishes, you bankruptcy. That is what health insur- help more young men of color facing should not have to live in poverty. ance reform is all about, the peace of especially tough odds to stay on track Of course, to reach millions more, mind that, if misfortune strikes, you and reach their full potential. Congress does need to get onboard. don’t have to lose everything.

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1477 Already, because of the Affordable gether and has offered reforms so that mander in Chief, I have used force Care Act, more than 3 million Ameri- no one has to wait for more than a half when needed to protect the American cans under age 26 have gained coverage hour to vote. Let’s support these ef- people, and I will never hesitate to do under their parents’ plans. More than 9 forts. It should be the power of our so as long as I hold this office. But I million Americans have signed up for vote, not the size of our bank account, will not send our troops into harm’s private health insurance or Medicaid that drives our democracy. way unless it is truly necessary, nor coverage—9 million. Citizenship means standing up for will I allow our sons and daughters to And here is another number: zero. the lives that gun violence steals from be mired in open-ended conflicts. We Because of this law, no American— us each day. I have seen the courage of must fight the battles that need to be none, zero—can ever again be dropped parents, students, pastors, and police fought, not those that terrorists prefer or denied coverage for a preexisting officers all over this country who say from us—large-scale deployments that condition like asthma or back pain or ‘‘we are not afraid,’’ and I intend to drain our strength and may ultimately cancer. No woman can ever be charged keep trying, with or without Congress, feed extremism. more just because she is a woman. And to help stop more tragedies from vis- So, even as we actively and aggres- we did all this while adding years to iting innocent Americans in our movie sively pursue terrorist networks— Medicare’s finances, keeping Medicare theaters, in our shopping malls, or through more targeted efforts and by premiums flat, and lowering prescrip- schools like Sandy Hook. building the capacity of our foreign tion costs for millions of seniors. Citizenship demands a sense of com- partners—America must move off a Now, I do not expect to convince my mon purpose, participation in the hard permanent war footing. That’s why I Republican friends on the merits of work of self-government, an obligation have imposed prudent limits on the use this law, but I know that the American to serve our communities. And I know of drones, for we will not be safer if people are not interested in refighting this Chamber agrees that few Ameri- people abroad believe we strike within old battles. So, again, if you have spe- cans give more to their country than their countries without regard for the cific plans to cut costs, cover more our diplomats and the men and women consequence. That’s why, working with people, and increase choice, tell Amer- of the United States Armed Forces. this Congress, I will reform our surveil- ica what you would do differently. Tonight, because of the extraor- lance programs, because the vital work Let’s see if the numbers add up. But dinary troops and civilians who risk of our intelligence community depends let’s not have another 40-something and lay down their lives to keep us on public confidence, here and abroad, votes to repeal a law that is already free, the United States is more secure. that the privacy of ordinary people is helping millions of Americans like When I took office, nearly 180,000 not being violated. Amanda. The first 40 were plenty. We Americans were serving in Iraq and Af- And with the Afghan war ending, this all owe it to the American people to ghanistan. Today, all our troops are needs to be the year Congress lifts the say what we are for, not just what we out of Iraq. More than 60,000 of our remaining restrictions on detainee are against. troops have already come home from transfers and we close the prison at And if you want to know the real im- Afghanistan. With Afghan forces now Guantanamo Bay—because we counter pact this law is having, just talk to in the lead for their own security, our terrorism not just through intelligence Governor Steve Beshear of Kentucky troops have moved to a support role. and military actions but by remaining who is here tonight. Now, Kentucky is Together with our allies, we will com- true to our constitutional ideals and not the most liberal part of the coun- plete our mission there by the end of setting an example for the rest of the try. That is not where I got my highest this year, and America’s longest war world. vote totals. But he is like a man pos- will finally be over. You see, in a world of complex sessed when it comes to covering his After 2014, we will support a unified threats, our security and our leader- Commonwealth’s families. ‘‘They are Afghanistan as it takes responsibility ship depends on all elements of our our neighbors and our friends,’’ he said. for its own future. If the Afghan Gov- power, including strong and principled ‘‘They are people we shop and go to ernment signs a security agreement diplomacy. American diplomacy has church with, farmers out on the trac- that we have negotiated, a small force rallied more than 50 countries to pre- tors, grocery clerks. They are people of Americans could remain in Afghani- vent nuclear materials from falling who go to work every morning praying stan with NATO allies to carry out two into the wrong hands and allowed us to they don’t get sick. No one deserves to narrow missions: training and assisting reduce our own reliance on Cold War live that way.’’ Afghan forces, and counterterrorism stockpiles. American diplomacy, Steve’s right. And that’s why, to- operations to pursue any remnants of backed by the threat of force, is why night, I ask every American who knows al Qaeda. For while our relationship Syria’s chemical weapons are being someone without health insurance to with Afghanistan will change, one eliminated, and we will continue to help them get covered by March 31. thing will not: our resolve that terror- work with the international commu- Help them get covered. Moms, get on ists do not launch attacks against our nity to usher in the future the Syrian your kids to sign up. Kids, call your country. people deserve—a future free of dicta- mom and walk her through the applica- The fact is that danger remains. torship, terror, and fear. tion. It will give her some peace of While we have put al Qaeda’s core lead- As we speak, American diplomacy is mind—plus, she’ll appreciate hearing ership on a path to defeat, the threat supporting Israelis and Palestinians as from you. has evolved as al Qaeda affiliates and they engage in the difficult but nec- After all, that’s the spirit that has other extremists take root in different essary talks to end the conflict there; always moved this Nation forward. It’s parts of the world. In Yemen, Somalia, to achieve dignity and an independent the spirit of citizenship, the recogni- Iraq, and Mali, we have to keep work- state for Palestinians, and lasting tion that through hard work and re- ing with partners to disrupt and dis- peace and security for the State of sponsibility we can pursue our indi- able those networks. In Syria, we’ll Israel—a Jewish State that knows vidual dreams but still come together support the opposition that rejects the America will always be at their side. as one American family to make sure agenda of terrorist networks. Here at And it is American diplomacy, the next generation can pursue its home, we’ll keep strengthening our de- backed by pressure, that has halted the dreams as well. fenses and combat new threats like progress of Iran’s nuclear program— Citizenship means standing up for ev- cyberattacks. And as we reform our de- and rolled back parts of that program— eryone’s right to vote. Last year, part fense budget, we’ll have to keep faith for the very first time in a decade. As of the Voting Rights Act was weak- with our men and women in uniform we gather here tonight, Iran has begun ened, but conservative Republicans and and invest in the capabilities they need to eliminate its stockpile of higher lev- liberal Democrats are working to- to succeed in future missions. els of enriched uranium. It is not in- gether to strengthen it. And the bipar- We have to remain vigilant. But I stalling advanced centrifuges. Unprece- tisan commission I appointed, chaired strongly believe our leadership and our dented inspections help the world by my campaign lawyer and Governor security cannot depend on our out- verify, every day, that Iran is not Romney’s campaign lawyer, came to- standing military alone. As Com- building a bomb. And with our allies

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1478 CONGRESSIONAL RECORD — HOUSE January 28, 2014 and partners, we are engaged in nego- We do these things because they help Sometimes we stumble; we make mis- tiations to see if we can peacefully promote our long-term security, and takes; we get frustrated or discour- achieve a goal we all share: preventing we do them because we believe in the aged. But for more than 200 years, we Iran from obtaining a nuclear weapon. inherent dignity and equality of every have put those things aside and placed These negotiations will be difficult. human being, regardless of race or reli- our collective shoulder to the wheel of They may not succeed. We are clear- gion, creed or sexual orientation. And progress—to create and build and ex- eyed about Iran’s support for terrorist next week, the world will see one ex- pand the possibilities of individual organizations like Hezbollah, which pression of that commitment when achievement; to free other nations threaten our allies, and we are clear Team USA marches the red, white, and from tyranny and fear; to promote jus- about the mistrust between our na- blue into the Olympic Stadium and tice and fairness and equality under tions, mistrust that cannot be wished brings home the gold. the law, so that the words set to paper away. But these negotiations don’t rely My fellow Americans, no other coun- by our Founders are made real for on trust; any long-term deal we agree try in the world does what we do. On every citizen. The America we want for to must be based on verifiable action every issue, the world turns to us, not our kids—a rising America where hon- that convinces us and the international simply because of the size of our econ- est work is plentiful and communities community that Iran is not building a omy or our military might—but be- are strong; where prosperity is widely nuclear bomb. If John F. Kennedy and cause of the ideals we stand for and the shared and opportunity for all lets us Ronald Reagan could negotiate with burdens we bear to advance them. go as far as our dreams and toil will the Soviet Union, then surely a strong No one knows this better than those take us—none of it is easy. and confident America can negotiate who serve in uniform. As this time of But if we work together, if we sum- with less powerful adversaries today. war draws to a close, a new generation mon what is best in us, the way Cory The sanctions that we put in place of heroes returns to civilian life. We summoned what was best in him, with helped make this opportunity possible. will keep slashing that backlog so our our feet planted firmly in today but But let me be clear: if this Congress veterans receive the benefits they have our eyes cast towards tomorrow, I sends me a new sanctions bill now that earned and our wounded warriors re- know it is within our reach. threatens to derail these talks, I will ceive the health care—including the Believe it. God bless you, and God bless the veto it. For the sake of our national se- mental health care—that they need. United States of America. curity, we must give diplomacy a We will keep working to help all of our chance to succeed. If Iran’s leaders do (Applause, the Members rising.) veterans translate their skills and At 10 o’clock and 20 minutes p.m., not seize this opportunity, then I will leadership into jobs here at home, and the President of the United States, ac- be the first to call for more sanctions we will all continue to join forces to companied by the committee of escort, and stand ready to exercise all options honor and support our remarkable retired from the Hall of the House of to make sure Iran does not build a nu- military families. Representatives. clear weapon. But if Iran’s leaders do Let me tell you about one of those The Assistant to the Sergeant at seize the chance—and we will know families I have come to know. Arms escorted the invited guests from soon enough—then Iran could take an I first met Cory Remsburg, a proud the Chamber in the following order: important step to rejoin the commu- Army Ranger, at Omaha Beach on the The members of the President’s Cabi- nity of nations, and we will have re- 65th anniversary of D-day. Along with net; the Chief Justice of the United solved one of the leading security chal- some of his fellow Rangers, he walked States and the Associate Justices of lenges of our time without the risks of me through the program. He was a the Supreme Court; the Acting Dean of war. strong, impressive young man with an the Diplomatic Corps. Finally, let’s remember that our easy manner. He was sharp as a tack. The SPEAKER. The Chair declares leadership is defined not just by our de- We joked around and took pictures, the joint session of the two Houses now fense against threats, but by the enor- and I told him to stay in touch. dissolved. mous opportunities to do good and pro- A few months later, on his 10th de- Accordingly, at 10 o’clock and 27 mote understanding around the globe— ployment, Cory was nearly killed by a minutes p.m., the joint session of the to forge greater cooperation, to expand massive roadside bomb in Afghanistan. two Houses was dissolved. new markets, to free people from fear His comrades found him in a canal, The Members of the Senate retired to and want. And no one is better posi- face down, under water, shrapnel in his their Chamber. tioned to take advantage of those op- brain. f portunities than America. For months, he lay in a coma. The Our alliance with Europe remains the MESSAGE OF THE PRESIDENT RE- next time I met him, in the hospital, FERRED TO THE COMMITTEE OF strongest the world has ever known. he couldn’t speak; he could barely From Tunisia to Burma, we are sup- THE WHOLE HOUSE ON THE move. Over the years, he has endured STATE OF THE UNION porting those who are willing to do the dozens of surgeries and procedures and hard work of building democracy. In hours of grueling rehab every day. Mr. CANTOR. Mr. Speaker, I move Ukraine, we stand for the principle Even now, Cory is still blind in one that the message of the President be that all people have the right to ex- eye. He still struggles on his left side. referred to the Committee of the Whole press themselves freely and peacefully But slowly, steadily, with the support House on the state of the Union and or- and have a say in their country’s fu- of caregivers like his dad, Craig, and dered printed. ture. Across Africa, we are bringing to- the community around him, Cory has The motion was agreed to. gether businesses and governments to grown stronger. Day by day, he has f double access to electricity and help learned to speak again and stand again LEAVE OF ABSENCE end extreme poverty. In the Americas, and walk again—and he is working to- By unanimous consent, leave of ab- we are building new ties of commerce, ward the day when he can serve his sence was granted to: but we are also expanding cultural and country again. Mr. WESTMORELAND (at the request of educational exchanges among young ‘‘My recovery has not been easy,’’ he Mr. CANTOR) for today on account of people. And we will continue to focus says. ‘‘Nothing in life that’s worth any- medical reasons. on the Asia-Pacific, where we support thing is easy.’’ Mr. RUSH (at the request of Ms. our allies, shape a future of greater se- Cory is here tonight; and like the PELOSI) for January 27 through Janu- curity and prosperity, and extend a Army he loves, like the America he ary 29 on account of attending to fam- hand to those devastated by disaster— serves, Sergeant First Class Cory ily acute medical care and hospitaliza- as we did in the Philippines, when our Remsburg never gives up, and he does tion. marines and civilians rushed to aid not quit. f those battered by a typhoon, and who My fellow Americans, men and were greeted with words like, ‘‘We will women like Cory remind us that Amer- ADJOURNMENT never forget your kindness,’’ and, ‘‘God ica has never come easy. Our freedom, Mr. CANTOR. Mr. Speaker, I move bless America.’’ our democracy, has never been easy. that the House do now adjourn.

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1479 The motion was agreed to; accord- AO67) received January 14, 2014, pursuant to H.R. 3937. A bill to evaluate and report on ingly (at 10 o’clock and 27 minutes 5 U.S.C. 801(a)(1)(A); to the Committee on the feasibility and effectiveness of using nat- p.m.), under its previous order, the Veterans’ Affairs. ural gas as a fuel source in long haul trucks; 4589. A letter from the Director, Regula- to the Committee on Transportation and In- House adjourned until tomorrow, tion Policy and Management, Office of the frastructure, and in addition to the Com- Wednesday, January 29, 2014, at 9 a.m. General Counsel, Department of Veterans Af- mittee on Energy and Commerce, for a pe- f fairs, transmitting the Department’s final riod to be subsequently determined by the rule — VA Compensation Service and Pen- Speaker, in each case for consideration of EXECUTIVE COMMUNICATIONS, sion and Fiduciary Service Nomenclature such provisions as fall within the jurisdic- ETC. Changes (RIN: 2900-AO64) received January tion of the committee concerned. Under clause 2 of rule XIV, executive 14, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to By Mr. GRAVES of Missouri (for him- communications were taken from the the Committee on Veterans’ Affairs. self and Mr. TERRY): H.R. 3938. A bill to direct the Secretary of Speaker’s table and referred as follows: 4590. A letter from the Chief, Trade and Commercial Regulations Branch, Depart- Transportation to designate natural gas fuel- 4578. A letter from the Director, Naval Re- ment of Homeland Security, transmitting ing corridors in the United States for long actors, Department of Defense, transmitting the Department’s final rule — Import Re- haul truck traffic, and for other purposes; to a report entitled, ‘‘Environmental Moni- strictions Imposed on Certain Archae- the Committee on Transportation and Infra- toring and Disposal of Radioactive Wastes ological and Ecclesiastical Ethnological Ma- structure. From U.S. Naval Nuclear-Powered Ships and terial from Bulgaria [CBP Dec. 14-01] (RIN: By Mr. NEAL: Their Support Facilities’’; to the Committee 1515-AD95) received January 15, 2014, pursu- H.R. 3939. A bill to amend the Internal Rev- on Armed Services. ant to 5 U.S.C. 801(a)(1)(A); to the Committee enue Code of 1986 to jumpstart the sluggish economy, finance critical infrastructure in- 4579. A letter from the Secretary, Depart- on Ways and Means. ment of Energy, transmitting a proposal re- 4591. A letter from the Chief, Publications vestments, fight income inequality and cre- garding the decision by the United States and Regulations, Internal Revenue Service, ate jobs, and for other purposes; to the Com- mittee on Ways and Means, and in addition Court of Appeals in National Association of transmitting the Service’s final rule — Pre- to the Committees on Transportation and In- Regulatory Utility Commissioners v. United vailing State Assumed Interest Rates (Rev. frastructure, and Education and the Work- States Department of Energy (Nos. 11-1066 Rule. 2014-4) received January 15, 2014, pursu- force, for a period to be subsequently deter- and 11-1068; D.C. Cir. 2013); to the Committee ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. mined by the Speaker, in each case for con- on Ways and Means. sideration of such provisions as fall within 4580. A letter from the Secretary, Depart- 4592. A letter from the Chief, Publications the jurisdiction of the committee concerned. ment of Health and Human Services, trans- and Regulations, Internal Revenue Service, By Mr. GRAVES of Missouri (for him- mitting a Report to Congress on the Evalua- transmitting the Service’s final rule — Cur- tion of the Medicaid Emergency Psychiatric self and Mr. TERRY): rent Refundings of Recovery Zone Facility H.R. 3940. A bill to amend title 23, United Demonstration; to the Committee on Energy Bonds [Notice 2014-9] received January 15, and Commerce. States Code, with respect to weight limita- 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the tions for natural gas vehicles, and for other 4581. A letter from the Deputy Bureau Committee on Ways and Means. Chief, Wireline Competition Bureau, Federal purposes; to the Committee on Transpor- 4593. A letter from the Chief, Publications tation and Infrastructure. Communications Commission, transmitting and Regulations Branch, Internal Revenue By Mr. GRAYSON: the Commission’s final rule — Rural Call Service, transmitting the Service’s final rule H.R. 3941. A bill to amend the Internal Rev- Completion [WC Docket No.: 13-39] received — Sales-Based Royalties and Vendor Allow- enue Code of 1986 to extend for one year the January 16, 2014, pursuant to 5 U.S.C. ances [TD: 9652] (RIN: 1545-BI57) received deduction for mortgage insurance premiums; 801(a)(1)(A); to the Committee on Energy and January 15, 2014, pursuant to 5 U.S.C. to the Committee on Ways and Means. Commerce. 801(a)(1)(A); to the Committee on Ways and By Mr. GRAYSON: 4582. A letter from the Secretary, Depart- Means. H.R. 3942. A bill to amend the Internal Rev- ment of Commerce, transmitting Periodic 4594. A letter from the Chief, Publications enue Code of 1986 to extend for one year the Report on the National Emergency Caused and Regulations Branch, Internal Revenue deduction of state and local general sales by the Lapse of the Export Administration Service, transmitting the Service’s final rule taxes; to the Committee on Ways and Means. Act of 1979 for February 26, 2013–August 25, — Computation of, and Rules Relating to, By Mr. GRAYSON: 2013; to the Committee on Foreign Affairs. Medical Loss Ratio [TD 9651] (RIN: 1545- H.R. 3943. A bill to amend the Internal Rev- 4583. A letter from the Chair, Equal Em- BL05) received January 15, 2014, pursuant to enue Code of 1986 to extend for one year the ployment Opportunity Commission, trans- 5 U.S.C. 801(a)(1)(A); to the Committee on above-the-line deduction for qualified tuition mitting the semiannual report on the activi- Ways and Means. and related expenses; to the Committee on ties of the Inspector General and the semi- 4595. A letter from the Chief, Publications Ways and Means. annual management report for the period and Regulations Branch, Internal Revenue By Mr. GRAYSON: ending September 30, 2013; to the Committee Service, transmitting the Service’s final rule H.R. 3944. A bill to amend the Internal Rev- on Oversight and Government Reform. — Exclusion from Income of Payments to enue Code of 1986 to extend for one year tax- 4584. A letter from the Administrator, Gen- Care Providers from Medicaid Waiver Pro- free distributions from individual retirement eral Services Administration, transmitting a grams [Notice 2014-7] received January 15, plans for charitable purposes; to the Com- semiannual management report to the Con- 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Ways and Means. gress for the period April 1, 2013 to Sep- Committee on Ways and Means. By Mr. GRAYSON: tember 30, 2013; to the Committee on Over- 4596. A letter from the Chief, Publications H.R. 3945. A bill to amend the Internal Rev- sight and Government Reform. and Regulations Branch, Internal Revenue enue Code of 1986 to extend for one year the 4585. A letter from the Chairman, Merit Service, transmitting the Service’s final rule business research credit; to the Committee Systems Protection Board, transmitting a — Bond Premium Carryforward [TD 9653] on Ways and Means. report entitled ‘‘Preserving the Integrity of (RIN: 1545-BL28) received January 15, 2014, By Mr. GRAYSON: H.R. 3946. A bill to amend the Internal Rev- the Federal Merit Systems: Understanding pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- enue Code of 1986 to extend for one year the and Addressing Perceptions of Favoritism’’, mittee on Ways and Means. pursuant to 5 U.S.C. 1204(a)(3); to the Com- employer wage credit for employees who are f active duty members of the uniformed serv- mittee on Oversight and Government Re- ices; to the Committee on Ways and Means. form. PUBLIC BILLS AND RESOLUTIONS By Mr. GRAYSON: 4586. A letter from the Clerk, Court of Ap- Under clause 2 of rule XII, public H.R. 3947. A bill to amend the Internal Rev- peals, transmitting an opinion of the United bills and resolutions of the following enue Code of 1986 to extend for one year the States Court of Appeals regarding Katherine work opportunity tax credit; to the Com- Elizabeth Barnet, docket no. 13-612; to the titles were introduced and severally re- ferred, as follows: mittee on Ways and Means. Committee on the Judiciary. By Mr. GRAYSON: 4587. A letter from the Secretary, Depart- By Mr. VAN HOLLEN (for himself and H.R. 3948. A bill to amend the Internal Rev- ment of Transportation, transmitting the Mr. LEVIN): enue Code of 1986 to extend for one year the Department’s report entitled, ‘‘2013 Status of H.R. 3936. A bill to provide for the exten- 15-year straight-line cost recovery for quali- the Nation’s Highways, Bridges and Transit: sion of certain unemployment benefits, and fied leasehold improvements, qualified res- Conditions and Performance’’; to the Com- for other purposes; to the Committee on taurant buildings and improvements, and mittee on Transportation and Infrastruc- Ways and Means, and in addition to the Com- qualified retail improvements; to the Com- ture. mittee on Transportation and Infrastruc- mittee on Ways and Means. 4588. A letter from the Director, Regula- ture, for a period to be subsequently deter- By Mr. GRAYSON: tion Policy and Management, Office of the mined by the Speaker, in each case for con- H.R. 3949. A bill to amend the Internal Rev- General Counsel, Department of Veterans Af- sideration of such provisions as fall within enue Code of 1986 to extend for one year the fairs, transmitting the Department’s final the jurisdiction of the committee concerned. enhanced charitable deduction for contribu- rule — Loan Guaranty: Minimum Property By Mr. GRAVES of Missouri (for him- tions of food inventory; to the Committee on and Construction Requirements (RIN: 2900- self and Mr. TERRY): Ways and Means.

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE H1480 CONGRESSIONAL RECORD — HOUSE January 28, 2014 By Mr. GRAYSON: By Mr. VAN HOLLEN: Article 1, Section 8, of the U.S. Constitu- H.R. 3950. A bill to amend the Internal Rev- H.R. 3936. tion. enue Code of 1986 to extend for one year the Congress has the power to enact this legis- By Mr. GRAYSON: credit for energy-efficient existing homes; to lation pursuant to the following: H.R. 3945. the Committee on Ways and Means. Article I, Section 8 of the U.S. Constitu- Congress has the power to enact this legis- By Mr. GRAYSON: tion. lation pursuant to the following: H.R. 3951. A bill to amend the Internal Rev- By Mr. GRAVES of Missouri: Article 1, Section 8, of the U.S. Constitu- enue Code of 1986 to extend for one year the H.R. 3937. tion. credit for energy-efficient new homes; to the Congress has the power to enact this legis- By Mr. GRAYSON: Committee on Ways and Means. lation pursuant to the following: H.R. 3946. By Mr. GRAYSON: Article 1 Section 8 Congress has the power to enact this legis- H.R. 3952. A bill to amend the Internal Rev- ‘‘. . . to regulate commerce . . . among the lation pursuant to the following: enue Code of 1986 to extend for one year the several States . . .’’ Article 1, Section 8, of the U.S. Constitu- credits for energy-efficient appliances; to the ‘‘. . . to make all Laws which shall be nec- tion. Committee on Ways and Means. essary and proper for carrying into execution By Mr. GRAYSON: By Mr. CARTWRIGHT: the foregoing powers . . .’’ H.R. 3947. H.R. 3953. A bill to amend title I of the Pa- This legislation seeks to promote the use Congress has the power to enact this legis- tient Protection and Affordable Care Act of natural gas in the trucking industry, a lation pursuant to the following: concerning the notice requirements regard- vital mode of transporting goods across the Article 1, Section 8, of the U.S. Constitu- ing the extent of health plan coverage of country. The use of such a cheap, domestic tion. abortion; to the Committee on Energy and source of energy will be beneficial to both By Mr. GRAYSON: Commerce. businesses and consumers. Therefore, it will H.R. 3948. By Mrs. BEATTY (for herself, Mrs. affect the commerce of the U.S. in a positive Congress has the power to enact this legis- WAGNER, Mr. RANGEL, Mr. CONYERS, way. lation pursuant to the following: Ms. KELLY of Illinois, and Ms. WILSON By Mr. GRAVES of Missouri: Article 1, Section 8, of the U.S. Constitu- of Florida): H.R. 3938. tion. H.R. 3954. A bill to provide for systemic re- Congress has the power to enact this legis- By Mr. GRAYSON: lation pursuant to the following: search, surveillance, treatment, prevention, H.R. 3949. Article 1 Section 8 awareness, development of rules of play, Congress has the power to enact this legis- ‘‘. . . to regulate commerce . . . among the standards, and dissemination of information lation pursuant to the following: several States . . .’’ with respect to sports-related and other con- Article 1, Section 8, of the U.S. Constitu- ‘‘. . . to make all Laws which shall be nec- cussions; to the Committee on Energy and tion. essary and proper for carrying into execution Commerce, and in addition to the Commit- By Mr. GRAYSON: tees on Armed Services, and Education and the foregoing powers . . .’’ This legislation seeks to promote the use H.R. 3950. the Workforce, for a period to be subse- Congress has the power to enact this legis- quently determined by the Speaker, in each of natural gas in the trucking industry, a vital mode of transporting goods across the lation pursuant to the following: case for consideration of such provisions as Article 1, Section 8, of the U.S. Constitu- fall within the jurisdiction of the committee country. The use of such a cheap, domestic source of energy will be beneficial to both tion. concerned. By Mr. GRAYSON: By Ms. KELLY of Illinois: businesses and consumers. Therefore, it will affect the commerce of the U.S. in a positive H.R. 3951. H.R. 3955. A bill to direct the Secretary of Congress has the power to enact this legis- Labor to establish a pilot program through way. By Mr. NEAL: lation pursuant to the following: the Workforce Investment Act of 1998 to pro- Article 1, Section 8, of the U.S. Constitu- vide older individuals with training in com- H.R. 3939. Congress has the power to enact this legis- tion. puter literacy, advanced computer oper- By Mr. GRAYSON: ations, and resume writing; to the Com- lation pursuant to the following: Clause 1 of Section 8 of Article 1 and the H.R. 3952. mittee on Education and the Workforce. 16th Amendment to the U.S. Constitution Congress has the power to enact this legis- By Ms. KELLY of Illinois: By Mr. GRAVES of Missouri: lation pursuant to the following: H.R. 3956. A bill to amend the Small Busi- H.R. 3940. Article 1, Section 8, of the U.S. Constitu- ness Investment Act of 1958 to authorize the Congress has the power to enact this legis- tion. Small Business Administrator to make lation pursuant to the following: By Mr. CARTWRIGHT: grants for economic growth, business reten- Article 1 Section 8 H.R. 3953. tion and business recruitment to economi- ‘‘. . . to regulate commerce . . . among the Congress has the power to enact this legis- cally underserved communities; to the Com- several States . . .’’ lation pursuant to the following: mittee on Small Business. ‘‘. . . to make all Laws which shall be nec- Article I, Section 8, Clause 3 (relating to By Mr. MEEKS (for himself, Mr. essary and proper for carrying into execution the power of Congress to regulate Commerce BISHOP of New York, Ms. CLARKE of the foregoing powers . . .’’ with foreign Nations, and among the several New York, Mr. COLLINS of New York, This legislation seeks to promote the use States, and with the Indian Tribes.) Mr. CROWLEY, Mr. KING of New York, of natural gas in the trucking industry, a By Mrs. BEATTY: Mr. ISRAEL, Mrs. MCCARTHY of New vital mode of transporting goods across the H.R. 3954. ´ York, Ms. MENG, Ms. VELAZQUEZ, Mr. country. The use of such a cheap, domestic Congress has the power to enact this legis- JEFFRIES, Mr. NADLER, Mr. GRIMM, source of energy will be beneficial to both lation pursuant to the following: Mrs. CAROLYN B. MALONEY of New businesses and consumers. Therefore, it will The constitutional authority on which this York, Mr. RANGEL, Mr. SERRANO, Mr. affect the commerce of the U.S. in a positive bill rests is the power of Congress to regulate ENGEL, Mrs. LOWEY, Mr. SEAN PAT- way. Commerce with foreign Nations, and among RICK MALONEY of New York, Mr. GIB- By Mr. GRAYSON: the several States, and within the Indian SON, Mr. TONKO, Mr. OWENS, Mr. H.R. 3941. Tribes, as enumerated in Article I, Section 8, HANNA, Mr. REED, Mr. MAFFEI, Ms. Congress has the power to enact this legis- Clause 3 of the United States Constitution. SLAUGHTER, and Mr. HIGGINS): lation pursuant to the following: By Ms. KELLY of Illinois: H.R. 3957. A bill to designate the facility of Article 1, Section 8, of the U.S. Constitu- H.R. 3955. the United States Postal Service located at tion. Congress has the power to enact this legis- 218-10 Merrick Boulevard in Springfield Gar- By Mr. GRAYSON: lation pursuant to the following: dens, New York, as the ‘‘Cynthia Jenkins H.R. 3942. Article I, section 8 of the Constitution of Post Office Building’’; to the Committee on Congress has the power to enact this legis- the United States Oversight and Government Reform. lation pursuant to the following: By Ms. KELLY of Illinois: f Article 1, Section 8, of the U.S. Constitu- H.R. 3956. tion. Congress has the power to enact this legis- CONSTITUTIONAL AUTHORITY By Mr. GRAYSON: lation pursuant to the following: STATEMENT H.R. 3943. Article I, Section 8 of the U.S. Constitu- Pursuant to clause 7 of rule XII of Congress has the power to enact this legis- tion the Rules of the House of Representa- lation pursuant to the following: By Mr. MEEKS: tives, the following statements are sub- Article 1, Section 8, of the U.S. Constitu- H.R. 3957. tion. Congress has the power to enact this legis- mitted regarding the specific powers By Mr. GRAYSON: lation pursuant to the following: granted to Congress in the Constitu- H.R. 3944. Article I, Section 8, Clause 7 tion to enact the accompanying bill or Congress has the power to enact this legis- Congress shall have the power to establish joint resolution. lation pursuant to the following: Post Offices and post roads.

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — HOUSE H1481 ADDITIONAL SPONSORS H.R. 2123: Mr. GENE GREEN of Texas. H.R. 3857: Mr. LANCE. H.R. 2203: Mr. FARENTHOLD. H.R. 3864: Mr. TIBERI. Under clause 7 of rule XII, sponsors H.R. 2220: Mr. COLLINS of Georgia. H.R. 3865: Mr. GOODLATTE, Mr. CARTER, Mr. were added to public bills and resolu- H.R. 2235: Ms. CLARK of Massachusetts. OLSON, Mr. PRICE of Georgia, Mr. SCALISE, tions as follows: H.R. 2509: Mr. HONDA and Mr. JOHNSON of Mr. NUNNELEE, and Mr. STIVERS. H.R. 351: Mr. CONAWAY. Georgia. H.R. 3867: Mr. POCAN, Mr. RIBBLE, Ms. H.R. 366: Mr. ROTHFUS and Mr. SHIMKUS. H.R. 2548: Mr. PERRY. BROWN of Florida, Mr. MICHAUD, Mr. H.R. 422: Mr. KING of Iowa. H.R. 2616: Mr. LIPINSKI. CA´ RDENAS, Mr. VARGAS, Mr. GRIMM, Mr. H.R. 425: Mr. COLLINS of Georgia. H.R. 2643: Mr. GRAVES of Missouri and Mr. VEASEY, Mr. THOMPSON of California, Ms. H.R. 435: Mr. CASTRO of Texas. BARBER. MATSUI, Mr. HUFFMAN, Ms. SCHAKOWSKY, and H.R. 436: Mr. MCHENRY. H.R. 2647: Mr. GRIFFITH of Virginia. Mr. PIERLUISI. H.R. 455: Ms. DELBENE, Mr. DEUTCH, Mr. H.R. 2663: Ms. ESTY and Ms. DEGETTE. H.R. 3876: Mr. LEWIS. H.R. 2710: Mr. STEWART. CLEAVER, Mr. LEWIS, and Mr. LOEBSACK. H.R. 3878: Mr. MURPHY of Florida, Mr. H.R. 2737: Mr. NEAL. H.R. 543: Mr. FINCHER. FARR, Ms. WILSON of Florida, and Mr. H.R. 2801: Mr. POMPEO and Mr. NOLAN. H.R. 562: Mr. HINOJOSA. LOWENTHAL. H.R. 2892: Mr. STIVERS. H.R. 610: Mr. REED. H.R. 3899: Mr. HONDA, Ms. MATSUI, and Mr. H.R. 2907: Ms. KUSTER. H.R. 611: Mr. REED. FITZPATRICK. H.R. 2990: Mr. ENYART, Mr. GEORGE MILLER H.R. 628: Mr. LEWIS, Ms. LOFGREN, and Mr. H.R. 3914: Ms. ROYBAL-ALLARD, Mr. HONDA, of California, Mr. LIPINSKI, and Mr. CART- VEASEY. Ms. LEE of California, Mr. MCGOVERN, Mr. WRIGHT. H.R. 645: Mr. QUIGLEY. FARR, and Ms. EDWARDS. H.R. 3015: Mr. JOHNSON of Georgia. H.R. 713: Mr. HASTINGS of Florida, Mr. ITUS EEKS H.R. 3077: Mr. COTTON, Mr. PEARCE, and H.R. 3921: Ms. T , Mr. M , Mr. CAPUANO, and Ms. ROYBAL-ALLARD. ARGAS EE ROOKS V , and Ms. L of California. H.R. 719: Mr. GRIMM. Mrs. B of Indiana. H.R. 3303: Mr. GUTHRIE and Mr. SWALWELL H.R. 3930: Mr. NUGENT, Mr. STEWART, Ms. H.R. 792: Mr. COTTON. HANABUSA, Mr. STIVERS, Mr. WALZ, Mr. H.R. 809: Mr. GRAVES of Missouri. of California. UNCAN CRENSHAW, Mr. DENT, Mr. LUETKEMEYER, Mr. H.R. 831: Mrs. NAPOLITANO, Ms. VELA´ ZQUEZ, H.R. 3306: Mr. D of South Carolina. H.R. 3318: Mr. QUIGLEY. GRIFFIN of Arkansas, and Mr. HUNTER. and Mr. COOPER. H.R. 3322: Mr. CAPUANO and Mr. POCAN. H.R. 3931: Mr. MARINO and Mr. PERRY. H.R. 921: Mrs. NEGRETE MCLEOD. H.R. 3344: Mr. COHEN. H. J. Res. 34: Mr. SCHNEIDER. H.R. 924: Mr. MEEKS. H.R. 3361: Mr. KENNEDY, Mr. SHERMAN, and H. Con. Res. 52: Mrs. NAPOLITANO. H.R. 938: Mr. BYRNE. Mr. GARRETT. H. Con. Res. 78: Mr. VARGAS and Mr. H.R. 962: Mr. CAPUANO. H.R. 3367: Mr. MCINTYRE and Mr. YOUNG of SERRANO. H.R. 1010: Ms. DUCKWORTH and Mr. COOPER. Indiana. H. Res. 109: Mr. FALEOMAVAEGA and Mr. H.R. 1015: Mr. VARGAS. H.R. 3370: Mr. KIND. CAPUANO. H.R. 1078: Mr. SCHOCK. H.R. 3395: Mrs. ELLMERS. H. Res. 190: Mr. NEAL. H.R. 1089: Mr. POCAN. H.R. 3461: Ms. BROWNLEY of California and H. Res. 302: Mr. TERRY and Mr. VISCLOSKY. H.R. 1091: Mr. ROTHFUS and Mr. SMITH of Mr. BISHOP of New York. H. Res. 387: Mr. PITTENGER. Nebraska. H.R. 3485: Mr. AUSTIN SCOTT of Georgia. H. Res. 442: Mr. MULVANEY, Mr. LANKFORD, H.R. 1129: Mr. BARRow of Georgia. H.R. 3489: Mr. STIVERS. Mr. ROHRABACHER, Mr. KINGSTON, Mr. H.R. 1130: Mr. DUNCAN of South Carolina. H.R. 3493: Mr. DENHAM. MARCHANT, Mr. HUELSKAMP, Mr. DAINES, Mr. H.R. 1146: Mr. STIVERS. H.R. 3505: Ms. VELA´ ZQUEZ and Mr. RUNYAN. BENISHEK, Mr. SHUSTER, and Mr. GRAVES of H.R. 1148: Mr. STIVERS. H.R. 3508: Mr. KIND. Georgia. H.R. 1209: Mr. SWALWELL of California. H.R. 3530: Mr. ROSKAM. H. Res. 447: Ms. DELAURO, Mr. BRADY of H.R. 1213: Mr. HONDA. H.R. 3578: Mr. SMITH of Texas. Pennsylvania, Mr. LOWENTHAL, Mr. GIBSON, H.R. 1254: Mr. BENTIVOLIO. H.R. 3590: Mr. YOUNG of Indiana and Mr. Mr. FRANKS of Arizona, Mr. GUTIE´ RREZ, Mr. H.R. 1280: Mr. ROE of Tennessee, Mr. WEBER NUNNELEE. TONKO, Mr. HIMES, Mr. RANGEL, Mrs. NAPOLI- of Texas, and Mr. FLORES. H.R. 3600: Mrs. ELLMERS. TANO, Mr. GARAMENDI, Mr. MCGOVERN, Ms. H.R. 1281: Mr. JOHNSON of Georgia and Mr. H.R. 3635: Mr. GRAVES of Georgia, Mr. SCHAKOWSKY, Ms. ESTY, and Mr. LOWENTHAL. CRENSHAW, Mr. GRIFFITH of Virginia, and Mr. FITZPATRICK. H.R. 1339: Mr. STIVERS. NUNNELEE. H.R. 1507: Ms. KELLY of Illinois and Mr. H.R. 3649: Mr. CARSON of Indiana and Mr. COFFMAN. TAKANO. f H.R. 1515: Mr. CRENSHAW. H.R. 3658: Mr. WOLF. H.R. 1528: Mr. COBLE. H.R. 3685: Mrs. ROBY and Mr. NUNNELEE. DELETIONS OF SPONSORS FROM H.R. 1666: Mr. STIVERS. H.R. 3689: Mr. LONG, Mr. JONES, Mr. WEST- PUBLIC BILLS AND RESOLUTIONS H.R. 1690: Ms. TITUS. MORELAND, Mr. THOMPSON of Pennsylvania, H.R. 1701: Mr. CRAWFORD. Mr. CARTER, Mr. CONAWAY, Mr. STIVERS, Mr. Under clause 7 of rule XII, sponsors H.R. 1726: Mr. CARSON of Indiana, Mr. TIBERI, Mr. YOUNG of Alaska, Mr. GINGREY of were deleted from public bills and reso- CLEAVER, Ms. HANABUSA, Mr. NUNES, and Mr. Georgia, Mr. AUSTIN SCOTT of Georgia, Mr. lutions as follows: RAHALL. BISHOP of Utah, Mr. KINZINGER of Illinois, H.R. 1094: Mr. PAULSEN. H.R. 1732: Mr. BARRow of Georgia and Mrs. Mr. BENTIVOLIO, and Mr. CRENSHAW. DAVIS of California. H.R. 3718: Mr. HECK of Nevada. f H.R. 1750: Mr. FITZPATRICK, Mr. PERRY, and H.R. 3726: Mr. VARGAS. Mr. LANKFORD. H.R. 3734: Mr. CARTWRIGHT. H.R. 1755: Mr. GRIMM. H.R. 3738: Mr. LANGEVIN. PETITIONS, ETC. H.R. 1812: Mr. RANGEL and Mr. KINZINGER H.R. 3740: Ms. JACKSON LEE. Under clause 3 of rule XII, of Illinois. H.R. 3741: Ms. NORTON and Ms. SHEA-POR- H.R. 1830: Ms. CLARK of Massachusetts. TER. 68. The SPEAKER presented a petition of H.R. 1852: Ms. DELBENE. H.R. 3792: Mr. FLORES. Washington Township, Long Valley, New H.R. 1869: Mr. GARCIA. H.R. 3810: Mr. VARGAS. Jersey, relative to Resolution No. R-166-13 H.R. 1918: Mr. CA´ RDENAS, Mr. MURPHY of H.R. 3824: Mr. PASTOR of Arizona. urging the Congress to invest additional fed- Florida, Mr. RYAN of Ohio, Mr. NUNES, Ms. H.R. 3852: Mr. POCAN. eral dollars in maintaining the highways and SEWELL of Alabama, and Mr. JONES. H.R. 3854: Mr. BARLETTA. improving the transportation infrastructure H.R. 2029: Mr. POCAN. H.R. 3855: Mr. HOLT, Ms. NORTON, Mr. in the State of New Jersey; which was re- H.R. 2037: Mr. POCAN. GRAYSON, Mr. JONES, Mr. HONDA, Mr. RIBBLE, ferred to the Committee on Transportation H.R. 2058: Mr. LOEBSACK. Ms. LOFGREN, and Ms. CASTOR of Florida. and Infrastructure.

VerDate Mar 15 2010 06:24 Feb 01, 2014 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\RECORD14\H28JA4.REC H28JA4 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, SECOND SESSION

Vol. 160 WASHINGTON, TUESDAY, JANUARY 28, 2014 No. 16 Senate The Senate met at 10 a.m. and was MEASURE PLACED ON THE to it for a long time. We are very close called to order by the President pro CALENDAR—S. 1963 to a consent agreement to move for- tempore (Mr. LEAHY). Mr. REID. Mr. President, I under- ward on the bill with a few relevant stand that S. 1963 is at the desk and amendments. PRAYER We are going to move forward with due for a second reading. the consent agreement or move for- The Chaplain, Dr. Barry C. Black, of- The PRESIDENT pro tempore. The ward with the bill. This bill is going to fered the following prayer: clerk will read the bill by title for the move forward this week. I hope we can Let us pray. second time. work out something today to move for- Eternal God, You are always right, The bill clerk read as follows: ward. Once again, I commend Senators just, and fair. We sing of Your stead- A bill (S. 1963) to repeal Section 403 of the fast love and proclaim Your faithful- MENENDEZ, LANDRIEU, and ISAKSON for Bipartisan Budget Act of 2013. their hard work. ness to all generations. Today, inspire Mr. REID. Mr. President, could I ask f our lawmakers to walk in the light of who the sponsors of this legislation Your countenance. Abide with them so are? Who is sponsoring it? RECOGNITION OF THE MINORITY that they will not be brought to grief The PRESIDENT pro tempore. Sen- LEADER but will avoid the pitfalls that lead to ators PRYOR, HAGAN, SHAHEEN, and The PRESIDING OFFICER (Mr. ruin. Lord, empower them to glorify BEGICH. BOOKER). The Republican leader is rec- You in all they think, say, and do as Mr. REID. Mr. President, I object to ognized. they remember that all they have and any further proceedings with respect to f are is a gift from You. This is the day this bill. STATE OF THE UNION that You have made. We will rejoice The PRESIDENT pro tempore. Objec- and be glad in You, the source of our tion having been heard, the bill will be Mr. MCCONNELL. Mr. President, to- hope and joy. placed on the calendar. night Members of both parties will wel- We pray in Your holy Name. Amen. come the President to the Capitol as he f f lays out his plans for the year. We look TRIBUTE TO DIANE SKVARLA, forward to hearing what he has to say. PLEDGE OF ALLEGIANCE SENATE CURATOR We also look forward to hearing what Congresswoman MC ORRIS ODGERS The President pro tempore led the Mr. REID. Mr. President, I congratu- M R has to say, too. She is a leader in our Pledge of Allegiance, as follows: late Diane Skvarla on her retirement party with a compelling story, some- I pledge allegiance to the Flag of the after 20 years of service dedicated serv- one who truly understands what it United States of America, and to the Repub- ice as the Senate Curator. means to overcome adversity, someone lic for which it stands, one nation under God, Every day people from across the who is dedicated to helping every sin- indivisible, with liberty and justice for all. country—students on field trips, tour- gle American realize her greatest po- f ists, dignitaries, staffers and Senators tential. The people of Washington’s alike—appreciate the historic treas- RECOGNITION OF THE MAJORITY Fifth District are lucky to have her, ures displayed in the hallways of the LEADER and so are we. Capitol. As for the President’s speech, this is The PRESIDENT pro tempore. The These works of fine art and crafts- a pivotal moment in the Obama Presi- majority leader is recognized. manship are symbols of our democracy. dency. We are now entering our sixth f For two decades Diane has been the year with President Obama at the helm steward of these treasures. of our economy, the sixth year of his SCHEDULE I thank Diane for her dedication, and economic policies. At this point we Mr. REID. Mr. President, following I wish her the best in her future en- have seen just about everything in the my remarks and those of the Repub- deavors. President’s tool box. We had a years- lican leader, the Senate will resume f long clinic on the failures of lib- consideration of the motion to proceed eralism: the government stimulus, the to S. 1926, the flood insurance bill, FLOOD INSURANCE taxes, the regulations, the centraliza- postcloture. Mr. REID. Mr. President, I am grati- tion, and the government control. It The Senate will recess from 12:30 to fied that we were able to get enough just has not worked. 2:15 today to allow for our weekly cau- votes on the flood insurance bill to get So 74 percent of the American people cus meetings. us this far. We have been trying to get say it still feels as if the country is in

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

S493

.

VerDate Mar 15 2010 02:06 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.000 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE S494 CONGRESSIONAL RECORD — SENATE January 28, 2014 a recession because to them it still trade promotion legislation, something More than a quarter million Kentuck- feels like it. As the majority leader the President has said is a priority, and ians lost the plans that they had and likes to say, the rich have gotten rich- work aggressively to clinch the kind of presumably wanted to keep, despite the er and the poor have gotten poorer, and job-creating trade agreements our al- President’s promises to the contrary. ladders into the middle class have been lies in places such as Canada and Eu- This is a law that caused premiums to kicked away, sawed off, and literally rope and Australia have already been increase an average of 47 percent in regulated into oblivion. seeking. Kentucky and in some cases more than This is the legacy of the Obama econ- He could work with us to reduce the 100 percent. This is a law that in some omy, as we stand here at the start of debt and deficit to ensure the programs parts of my State is limiting choices to 2014. But it does not have to be the leg- Americans count on will be there when health care coverage to just two com- acy President Obama leaves behind in they retire, to make government panies in the individual exchange mar- January of 2017, and that is why to- smarter and leaner, and to unshackle ket. night’s address is so important—be- the growth potential of small busi- At what cost to the taxpayer for all cause it will give us the clearest indi- nesses and entrepreneurs to address the cation yet of whether the President is massive dissatisfaction out there with of this? It is $253 million. That is how ready to embrace the future or whether the size and the scope of government. much Washington has spent so far for he will, once again, take the easy If President Obama wants to score an these results in my State—a quarter of route, the sort of reflexive liberal easy win for the middle class, he could a billion dollars to essentially limit route, and just pivot back to the failed simply put the politics aside and ap- care, cancel plans, and increase costs. policies of the past. The choice the prove the Keystone pipeline. The Key- Kentucky has gotten more money to President now confronts is a pretty stone pipeline is thousands of Amer- set up its exchange than every State basic one. Does he want to be a hero to ican jobs very soon. With regard to the except for California, New York, Or- the left or a champion for the middle Keystone pipeline, he will not even egon, and Washington—that is a lot of class? He can’t be both. He has to need to use the phone—just the pen. money—and they still only enrolled 30 choose. One stroke and the Keystone pipeline percent of the people they were sup- He could double down on the failed is approved. posed to at this point. How in the world policies that brought us to this point. I know the Keystone issue is difficult could that be considered a success? It would make his base pretty happy, I for him because it involves a choice be- So President Obama and Governor am sure, but we certainly know where tween pleasing the left and helping the Beshear can keep telling Americans to that path leads for the middle class. middle class, but that is exactly the ‘‘get over it’’ if they don’t like this Folks can try to package it any way type of decision he needs to make. He law, but sooner or later they are going they like—say it is a new focus on in- needs to make it now. It is emblematic to have to come to terms with reality. come stagnation that has gotten so of the larger choices he will need to They are going to have to accept that much worse under this President’s make about the direction of our coun- watch. But it is essentially the same try too, because for all of his talk of ObamaCare hasn’t worked as the ad- path we have been on since he took of- going around Congress, he would not ministration promised in Kentucky fice. The point is this. Americans do have to if he actually tried to work and across America, and it is time to not need a new message; they need a with the people’s elected representa- start over with real reform. new direction. The problem is not the tives every now and then. I am saying That is why tonight I hope the Presi- packaging. It never has been. It is the don’t talk about using the phone, just dent will make change. I hope he will policies themselves, and President use the phone and please be serious announce his willingness to work with Obama is the only person who can force when you call. both parties to start over with real bi- that turn in direction. He is the only Take the income inequality issue we partisan reform that can actually one who can lead it. hear he will address tonight. Is this lower costs and improve quality of He could reach to the center tonight going to be all rhetoric or is he actu- care. That is the kind of reform Ken- and embrace change over the broken ally serious, because he is correct to tuckians and Americans want, and that status quo, embrace hope over stale point out that the past few years have is the way President Obama can show ideology—ideology that has led not been very tough on the middle class. As he is serious about having a year of ac- just to stagnant incomes but to lower I indicated, median household income tion. This time next year we will be median incomes, to dramatic increases has dropped by thousands since he took able to judge if he was serious. in the number of folks forced to take office. Republicans want to work with If the President is still talking about part-time work when what they really him on this issue but only if he is seri- unemployment benefits next January want is full-time work, to greater long- ous about it. He could show us he is by rather than how to manage new term unemployment, and to more pov- calling for more choices for underprivi- growth, if he is still forced to address erty. He could ask Members of both leged children trapped in failing the pain of ObamaCare rather than parties to help him make 2014 a year of schools or he could agree to work with touting the benefits of bipartisan real action rather than just a talking Senator RAND and me to implement health care reform, if we are trapped in point. Economic Freedom Zones in our poor- these endless cul de sacs of Keystone If he does, he is going to find he has est communities. and trade and tax reform, then we will a lot of support from Republicans be- Here is something else: He could know what choice the President made. cause we want to work with him to get work with us to relieve the pain We will know the special interests won things done, and we always have. We ObamaCare is causing for so many and the middle class lost. will be listening closely to see if he is Americans across the country, across finally prepared to meet us in the po- all income brackets. I asked him last I hope we won’t get there. I hope he litical middle so we can finally get year to prepare Americans for the con- will reach out tonight. I hope he will be some important work done for the mid- sequences of this law. He did not do it. serious. I hope he will help us chart a dle class. Let’s be honest; there is a lot Today those consequences are plain for new path for the American people both that can be done. anyone to see. parties can support. That may sound For instance, he could call on Senate Just last night I hosted a tele-town- like a fantasy to some on the hard left Democrats to stop blocking all the job- hall meeting where Kentuckians shared who think tonight is all about them, creation bills the House of Representa- their stories about the stress that but the fact is there have always been tives has already passed. He could call ObamaCare is causing them and their good ideas the two parties can agree on for revenue-neutral tax reform that families: restricted access to doctors in Washington—ideas that would make would abolish loopholes, lower tax and hospitals, lost jobs, lower wages, life easier, not harder, for working rates for everyone, and jump-start job fewer choices, and higher costs. I as- Americans. Until now the President creation where it counts—in the pri- sure you these folks will not be ap- has mostly chosen to ignore them. vate sector. He could push his party to plauding when the President is trying Here is hoping for something different join Republicans supporting bipartisan to spin this law as a success tonight. tonight.

VerDate Mar 15 2010 02:06 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.002 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S495 TRIBUTE TO DIANE SKVARLA Henry Clay, from my State, that was was drafted in the conference com- Mr. MCCONNELL. Mr. President, I given to the Senate after being discov- mittee has resulted in disastrous re- wish to say a fond farewell to the Sen- ered in the basement of a historical so- sults. ate’s long-term curator Diane Skvarla, ciety. This magnificent painting of Some of us knew that 2 years ago and who has been such a tremendous asset Clay now hangs in the stairway off the started working literally the moment to the institution over the years and a Brumidi corridor. The restoration of the conference bill was passed to begin very good friend to our office as well. the Old Senate Chamber was also a changing it. So we have worked dili- All of our dealings with Diane over the proud achievement. gently and together and built a great years have been marked by her great The entire Senate family is grateful coalition. I thank the 200 organizations professionalism and her deep knowl- to Diane for her many years of devoted that quickly came together over the edge of and respect for the Senate and service to this institution. Through her last year and a half—as quickly as any its history. work, she has helped preserve and of these things can happen in a prac- Diane and her staff have been invalu- bring to life the shared objects of our tical sense—to understand what went able in the multiyear restoration of the collective history as a people—precious wrong in the first bill and how we Strom Thurmond room and keeping up objects that belong to all Americans could fix it so we could accomplish two the rest of our historic suite. My staff and to our posterity. Her legacy is lit- important goals for the National Flood has always enjoyed working with Diane erally all around us. Insurance Program: first, that the pro- and her staff, and I hope we have been We thank her for her work and wish gram could be self-sustaining. In other as gracious in return. her and her husband Chris all the very words, it could pay for itself with lim- For a lot of young people who wring best in the years ahead. ited or minimal taxpayer burden. their hands or wander around for a f The other equally important goal— while after college, Diane started and the Presiding Officer, who rep- RESERVATION OF LEADER TIME working full time in the Senate the resents New Jersey, knows, as I do, Monday after she graduated and has The PRESIDING OFFICER. Under how important this is—is that the pro- been here off and on ever since. the previous order, the leadership time gram would be affordable to middle- She witnessed a lot of changes in the is reserved. class families. If it is not affordable to curator’s office over the years. When f middle-class families, they will not Diane started here full time in 1979, participate in it and the program will there were only three staffers in the of- HOMEOWNER FLOOD INSURANCE go bankrupt due to lack of participa- fice, but in the years leading up to and AFFORDABILITY ACT OF 2014— tion. after the Nation’s bicentennial when MOTION TO PROCEED The idea of insurance is to have a preservation came back into vogue, The PRESIDING OFFICER. Under large pool to spread the risk, and that there was no shortage of new work. the previous order, the Senate will re- is how an insurance system works. If Diane went on to earn a master’s de- sume consideration of the motion to we don’t fix it, it is going to make that gree in museum studies from George proceed to S. 1926, which the clerk will pool get smaller and smaller and small- Washington University in 1987, and it report. er. Because people will not be able to paid off when she helped put together a The bill clerk read as follows: afford it, the program will collapse and major exhibit for the Senate’s own bi- Motion to proceed to the consideration of the taxpayers will be saddled with centennial in 1989. Diane collaborated Calendar No. 294, S. 1926, a bill to delay the debt. on the exhibit with Don Ritchie, and implementation of certain provisions of the The goal of our coalition—led by Sen- together they set a new high standard Biggert-Waters Flood Insurance Reform Act ator MENENDEZ, the senior Senator for projects of this kind. At the time of 2012 and to reform the National Associa- from New Jersey who is on the Bank- Diane was the associate curator and tion of Registered Agents and Brokers, and ing Committee and has been one of the for other purposes. Don was the associate historian. They great spokesmen and leaders for this both rose through the ranks of their re- The PRESIDING OFFICER. The Sen- bill, and Senator ISAKSON from Geor- spective offices, so it has been a fruit- ator from Louisiana. gia, who is literally the most respected ful collaboration for many years. Ms. LANDRIEU. Mr. President, I Member in this whole body on issues Diane spent most of her early child- wish to speak for up to 10 minutes. I related to real estate because he had hood in England where she first learned think we are in morning business. one of the largest real estate compa- the sport of dressage. She gave up The PRESIDING OFFICER. The Sen- nies in Atlanta and knows the issue horses during college at Colgate Uni- ate is moving to proceed to consider S. well. He is very respected on both sides versity in upstate New York and went 1926. of the aisle. These two gentlemen have back to England in 1991 to become cer- Ms. LANDRIEU. Wonderful. I thank led this effort and have built a bipar- tified in teaching the sport. She kept the Presiding Officer. I will then speak tisan coalition. up her riding after she returned to the on the bill that is before us. So we are now ready this week, of all States and came back to the Senate as I appreciate the cooperation of so weeks. It is the State of the Union head curator in late 1994, replacing the many Members who voted last night to week. We would have probably pre- widely admired Jim Ketchum. move forward on the debate of the fix ferred another week, but that is how With Jim’s support and encourage- to Biggert-Waters. We had a very this worked out. We are ready to de- ment, Diane learned the ropes and has strong and very impressive vote. I bate the bill on the floor of the Senate. doggedly pursued the legislative man- think 83 Members, Republicans and At last count, when we left, there were date of the Senate curator’s office ever Democrats, came together from all about six or seven relevant amend- since, and that mandate is to protect, parts of the country, from all different ments. We are only going to accept rel- preserve, and educate. areas and districts and backgrounds to evant amendments to this bill. We are Some of the biggest challenges Diane vote to move forward on the debate on not going to accept amendments on has faced have involved dealing with flood insurance. I am grateful. other subjects by Members who are at- disasters. In 1983, a bomb planted near We have been working on this for tempting to derail the Senate, get us the Senate Chamber destroyed portions about a year and a half. It has been a off topic, et cetera, et cetera. We will of the corridor—including a portrait of tough slog because 2 years ago a bill only accept relevant amendments to Daniel Webster. Under Diane’s super- called Biggert-Waters was passed, this bill. vision, a conservator put the pieces named after the two cosponsors in the The happy thing is we think we only back together and restored it. House, Congresswoman Biggert and have about seven or eight amendments. Other projects Diane has been par- Congresswoman WATERS. They passed a Some amendments are Republican, ticularly proud of over the years in- bill with very good intentions. They some amendments are Democratic. clude the publication of the U.S. Sen- were thinking they were going to We just received an amendment from ate Catalogue of Fine Art, a 481-page strengthen the flood insurance pro- one of the opponents of our bill, the book that took years to complete, and gram. The bill had wonderful inten- good Senator from Pennsylvania, who the restoration of a giant portrait of tions, but unfortunately, the way it has not been supportive of our bill and

VerDate Mar 15 2010 02:06 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.004 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE S496 CONGRESSIONAL RECORD — SENATE January 28, 2014 has not worked with the coalition and I have been more than transparent. I tions, and because FEMA can’t get its has not cooperated in any way. We got have been more than honest. I have flood maps right, because FEMA can’t his amendment an hour ago. We have come here more than any Senator. I get the affordability study done, they been actually waiting for a year and a don’t know if this is good or bad; it is are going to be kicked out of their half. the only way I know how to lead, which homes. Last May he opposed the bill, and we is to be forthright and honest with my- Talk about misguided regulation. I couldn’t even get to the debate because self, with my constituents, and with hope MITCH MCCONNELL, our Repub- he wasn’t happy with the direction we people who need to know what in the lican leader, talking about misguided were going. So that happened in May. heck is going on. I don’t know how else regulation, will put a little muscle into What is this month? It is January. We to do it. I am not going to apologize. I helping us. He has been cooperative, are now in the month of January, and am not going to read about how to do and I thank him. Senator REID has he opposed the bill in May. It set us this in a book. There are no books on been putting a lot of muscle into this, back 7 months. We tried to explain to this. This is about leadership from the and I thank him. the Senator from Pennsylvania that inside, and the only people who taught I hope people will come to the floor 74,000 people in his State have these me this were my parents. and speak about the importance of this policies and they too need help. Wheth- I am just saying, if anyone in this bill. We will figure out this amendment er he has been able to reconcile that Chamber thinks they are going to get process—all germane amendments— with his constituents I don’t know, but away with trying to give some flimsy- and get the final vote this week. This we literally asked him to please let us limsy excuse about how they didn’t get is going to get done this week, the easy know what we could do. We told him their amendment considered, how they way or the hard way, and we are done. we would be happy to meet with him. are upset with the leader, they will The vote is going to happen this week. The homebuilders and the realtors have to go through me, and I am not We are going to move this bill from the were willing to sit down and speak to moving because I have people all over floor to the President, who put out a him. We finally got a draft of his this country who are desperate. We statement—and his administration— amendment in the last hour. We are passed the wrong bill. We should not they didn’t have many positive things literally reading it for the first time. I have passed it. We must fix it, and we to say about this. Let me just say I don’t think that is cooperation, but he are going to fix it this week in the Sen- think their statement is misinformed. may have a different definition of it. ate. It is misguided. I am hoping the White We are reading that amendment now. I What the House does, what Speaker House will reconsider. The President is don’t believe this amendment is going BOEHNER does—he made some negative coming here tonight to speak about the to help our cause. I think it is going to comments about the bill last week. My importance of strengthening the mid- undermine what we are trying to do. comments back were the Speaker has dle class. I would think that allowing I will have more comments about the his hands full. He has been busy. I un- middle-class people to stay in their specifics of it, but the Senator from derstand it. I wouldn’t want his job. He homes would be a good place to start. Pennsylvania, for whatever reason, has has a tough job with a lot of issues to So I hope the administration will take not been cooperative the whole time. juggle. But I said, and I will say again, a second look and join us and help us We will be happy to vote on his amend- when this bill goes to the House, which to let middle-class families stay in ment. I think the amendment is going it will after it passes the Senate this their homes. to do great harm to the bill, and I week, he will hear from millions and Let me conclude. Colorado is a beau- think I would urge our coalition at this millions of Americans who paid their tiful State. I have been there many point to vote no, but I am going to mortgage every month, who went to times. However, not everybody can live look at it. in the mountains of Colorado. There Senator ISAKSON has just received a work every day, who honor their fam- ily by building homes in places they are some of us who have to live along copy of it in the last hour, and all I can rivers and streams and ports to build have been for generations, and they are do is ask our colleagues to be patient and to support the infrastructure that about ready to take those front-door while we review his 13-page amend- helps to make this country grow. My keys and turn them in to the local ment. We have 200 organizations that people who fish every day, who harvest bank and walk away from their house. have been working on this. We are try- the oysters, who put seafood on the Speaker BOEHNER is going to hear that. ing to be fair and get their input, and table, who bring those huge and mag- I hope those words, those expressions, then we will know how to proceed. nificent barges up and down the river, those pictures, those letters will hit his The bottom line is this: This week we can’t live in Vail, CO. I am sorry. They heart the way they have hit mine and are going to pass a flood insurance re- don’t like the snow and they couldn’t that he will have a softened heart and lief bill off the floor of the Senate. I afford to live there anyway. They live wish to put everybody on notice that an open mind and he will consider what in little places such as Burris and Ven- we have run out of patience. We have we are trying to do. ice and Plackman, and the lower ninth I realize our way may not be the been working on this for a year and a ward that got flooded out, every single most perfect way, but it is a good way, half. We were told before Christmas we home destroyed. They can go back if and if somebody wants to improve it, could have a vote, and then we were we use our science, our engineering, fine. But don’t scuttle it, pretending to told we could have a vote when we got our brains, and lead with our hearts be helping. Don’t scuttle it by pre- back. Then we were told we could have and our heads. This can work. But if tending to be for some kind of better a vote before we left. people are playing political games, if This is it. There is no more time. We approach. If there was a better ap- they are trying to score political are voting on this legislation this proach, we would have found it in the points or if they are not working hard week. We are either going to do it the last year and a half we have been enough to understand the issue, then I easy way or the hard way. We are ei- searching. We are not going to find it feel sorry for them because the public ther going to have a few amendments in the last 3 minutes of this debate. needs our help. the Republicans put up, the Democrats We are reviewing the Toomey amend- I yield the floor, and I suggest the ab- put up, and we get back to legislating ment. He has been the lead opponent of sence of a quorum. as we should or the leader is going to our effort. I don’t believe his amend- The PRESIDING OFFICER. The file cloture on this bill and we are ment is helpful, but until I read it, I clerk will call the roll. going to pass it without an amend- will not be able to give a definitive as- The bill clerk proceeded to call the ment. If one single Republican comes sessment. Senator ISAKSON will have to roll. to this floor and says they did not have give his views on it, as will Senator Mr. MERKLEY. Mr. President, I ask time to discuss their amendment, we MENENDEZ, and we will figure it out. unanimous consent that the order for will debate until the cows come home But we are going to bring relief to the the quorum call be rescinded. because I am not leaving this floor 5 million people who have done nothing The PRESIDING OFFICER. Without until every single person in America wrong—middle-class families, some of objection, it is so ordered. knows the games that can be played them very poor families—who have Mr. MERKLEY. Mr. President, I have here. been living in these places for genera- come to the floor to talk about the

VerDate Mar 15 2010 02:06 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.005 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S497 Homeowner Flood Insurance Afford- She thought about selling a few years secondary market for the debt owed ability Act. This bill is a bill that is de- ago but decided to stay in that house and, therefore, could pursue the own- signed to fix the damage that has been and keep that financial foundation. ers. done by the Biggert-Waters Act, and But now, with Biggert-Waters going It is wrong and counterproductive to this damage is extensive. This bill into effect, she has been caught be- squeeze middle-class homeowners such would freeze dramatic rate hikes, and tween two bad choices. If she stays in as Kelly when it will only result in these rate hikes have several impacts. her home, her flood insurance rates more foreclosures or families trapped We have, of course, the impact on will go up precipitously, making her in their homes unable to sell them. families who currently have flood in- home increasingly unaffordable and Making flood insurance more solvent surance who will be paying much high- squeezing an already tight budget. But is a laudable goal, but it is one we have er levels than they bargained for when should she try to sell, the new owner to approach in a manner that involves they bought their home and may not will face annual flood insurance pre- fairness over time. Achieving solvency be able to afford those much higher miums of $15,000 or more, making her by putting a huge burden, a huge finan- levels, raising questions about their home completely unaffordable for mid- cial shock on the backs of our middle- ability to stay in those homes. dle-class buyers. class families is not just wrong, it is a We have the impact on commercial Keep this in mind: For every $1,000 a financial disaster that is unfolding now enterprises and the fact that now that buyer pays in flood insurance per year, and will continue to unfold across this they are paying higher rates, they may the value of a home drops by about country. not feel they can add on to their busi- $20,000. So if the flood insurance is We cannot get to solvency by asking ness in that location. $15,000, we are talking about a value of families to pay sums they simply do Then we have the impact, of course, a home dropping $300,000. Many middle- not have or, as Kelly said, ‘‘You can’t on selling your property, whether you get blood from a stone.’’ class homes in Oregon are not priced at are a homeowner or you are a business, We need to immediately stop these $300,000. They might be valued at because the folks who might be buying dramatic rate hikes for our home- $200,000 or $220,000 or $250,000 or, in might have to jump to a full rate that owners and our businesses while FEMA more rural areas, $150,000 or $175,000. So would be many times—in some cases 10 goes back to the drawing board to fig- we can wipe out the complete value of times—the price the current owner is ure out how to make this program af- a home and certainly easily wipe out paying, and when that happens the fordable and effective for our middle- the equity a homeowner has built over property becomes unaffordable and, class families. a number of years. Essentially, you therefore, the value that one has in That is exactly what this bill does. have to give the home away. That their home or business drops dramati- This bill has several important provi- cally. makes no sense. sions that help ensure affordability and All of this is of great concern, and we To read from Kelly’s letter, she says: fairness for our middle-class families. need to reverse the features of Biggert- Here is where I see a problem. There is an The first is it delays implementation Waters that are causing this economic old saying, ‘‘you can’t get blood from a of flood insurance rate increases. It havoc. stone.’’ does so on primary residences and on This bill comes out of discussions She continues: businesses until FEMA can complete that were in my Subcommittee on Eco- I know I am not alone in my predicament an affordability study, propose regula- nomic Policy several months ago. This of barely getting by financially. tions to address the problem of afford- discussion is now led by Senator Middle income folks like me are squeezed ability, and give Congress time to from all sides. . . . MENENDEZ, and he has been ably as- weigh in. While living expenses rise every year, our sisted and partnered with Senator Second, unlike Biggert-Waters, the income generally does not raise enough to bill ensures that FEMA will truly have MARY LANDRIEU and Senator ISAKSON make up for it. . . . and Senator VITTER and I compliment We tighten our belts and wait for better the funding they need to complete a them all for being vocal advocates and times. So, the problem here is, we can’t af- comprehensive affordability study. instrumental in helping to move this ford to pay these, much higher rates. We just Third, this bill takes on a catch-22 in bill forward. don’t have the money. the current system, which is that when The Biggert-Waters Act, while well She continues in her analysis: homeowners face unaffordable rates intentioned, is creating massive bur- There are options, of course. We can come that they think are inaccurate, they dens for our middle-class homeowners up with many 10’s of thousands of dollars to have to pay out of their pocket for a in Oregon and certainly across the Na- raise our houses up and make them flood flood map appeal to prove that their tion. Flooding is something of an equal friendly. . . . premiums should be lowered. So when opportunity disaster. For some, it is But wait—we don’t have 10’s of thousands someone else makes a mistake, they the coastlines. For others, it is broad of dollars. And, we can’t sell—that’s the have to pay for that mistake, and that flood plains along major rivers. For beauty here. Who will buy a small, middle is wrong. income type home that has a flood insurance The studies necessary for an appeal others, it is narrow valleys and flash bill annually of 15–30k [a year]? floods. But in all of these situations, can cost between $500 and $2,000. It is a the common impact is dramatic devas- She continues: prohibitive cost for many families to tation. So what will we do, the over 1 million undertake. This bill ensures that any Something is very wrong though homeowners in this situation? To our utter homeowner who can successfully ap- when families are more worried about frustration and humiliation, many of us have peal a flood map finding will be reim- no choice but to walk away. . . . dramatic spikes in their flood insur- Whatever the attitudes about us are, most bursed by FEMA for their expense, ance premiums than they are worried of us are good Americans who believe in pay- making the system fairer for the home- about dramatic floods, and that is ing our debts. We have worked hard our en- owner and giving FEMA an added in- where my Oregon families are right tire lives, and asked for little or no help centive to get it right. now. I wish to share a letter from along the way. Finally, this bill does something very Kelly. She lives in Tigard. She says, in This will crush us, and since we don’t have important in creating a flood insurance her own words, she is ‘‘a middle class, the money to give, there is no benefit to be rate map advocate within FEMA, single mother currently working to get had. someone to educate and advocate for [her] daughter through college.’’ That is how she concludes her letter: homeowners. One of the complaints my She bought her home 13 years ago to ‘‘This will crush us. . . . ’’ She is right. office has heard is that FEMA has not provide stability for her daughter. This It will crush her family. It will crush been responsive to homeowners’ con- is a goal of so many parents, to have a millions of families across this coun- cerns or questions about changes in piece of the American dream, to have try. It will include foreclosures. It will their policy. the stability that goes with home own- include equity wiped out. It will result It creates this position. An advocate ership, to have the equity that you in families having to walk away from will do several things. The advocate build in your home as a financial res- their home and hope they are not pur- will educate policyholders about their ervoir with which to assist your chil- sued by their mortgage company that flood risks and their options in choos- dren going forward in life. will be unable to sell the home on a ing a policy. The advocate will assist

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The advocate will improve both sides of the aisle to take a look at tributed by the Federal taxpayers. outreach and coordination with local this issue, to support banning the anti- Housing and Urban Development ar- officials, community leaders, and Con- competitive features of the market gues that because housing authorities gress. that have led to these predatory pre- are State and local government enti- My colleagues Senators HOEVEN and miums on force-placed flood insurance. ties, there is no reason to scrutinize HEITKAMP have also done great work on In closing, I again thank my col- them from here in Washington, DC. As this bill to ensure that homeowners in leagues who have worked so hard. This far as I am concerned, HUD is missing certain communities are not hit by un- is an important issue, an incredibly im- the point for 4 billion reasons. Those fair rules on how their basements im- portant issue for families across Or- are dollar reasons. Taxpayer money pact a flood policy. egon. Let’s stop these dramatic rate should come with Federal oversight. I would like to address one other hikes. Let’s work together for an af- We need to make sure that the Federal issue that is not in this bill that hope- fordable flood insurance program that authorities who disburse it make sure fully I will be able to offer an amend- will be effective and fair for all Ameri- they oversee that it is spent in the ment on; that is, protection for con- cans. legal way—to help the people who need sumers whose policies are purchased by I yield the floor. the help. their mortgage servicer or their bank The PRESIDING OFFICER (Mr. I have been conducting oversight of rather than by themselves. This is the SCHATZ). The Senator from Iowa. the wasteful spending at housing au- issue of predatory force-placed pre- Mr. GRASSLEY. Mr. President, I ask thorities for almost 4 years. I have miums. unanimous consent to speak in morn- been urging the Obama administration Let me explain. Let’s say, for exam- ing business for 20 minutes. to look at what is happening and to ple, that you are notified by your The PRESIDING OFFICER. Without take action. But there is little if any servicer that they have reviewed the objection, it is so ordered. interest in the oversight of these Fed- eral dollars by the folks writing the records and they now consider you to INCOME INEQUALITY checks here in Washington, DC. They be in a flood plain they had not noticed Mr. GRASSLEY. I ask unanimous just want to send the checks and pat before and you have to get flood insur- consent that the letters I will be speak- themselves on the back. They do not ance. But that flood insurance, unsub- ing about be printed in the RECORD at want to talk about what actually hap- sidized, is so expensive you cannot af- the end of my remarks. Recently the Obama administration pens to the money once it is disbursed. ford it. So then the servicer says: Well, Federal funds end up feathering the has been talking a lot about income in- we are going to put on flood insurance nests of local housing bureaucrats in- equality and poverty. Yesterday I for you. The rate might be 5 to 10 times stead of housing the poor. I will show spoke about the issue, about the war on the market rate. In other words, the you how that is done. Here are some of poverty, its successes and its failures. homeowner who already cannot afford the most egregious examples of how in- As I said yesterday, the United States flood insurance is gouged by predatory effective the Department of Housing has spent trillions of dollars in the last premiums on force-placed insurance. and Urban Development has been at po- 50 years fighting the so-called war on Let’s consider that perhaps you had a licing local housing authorities. transition in your family. Maybe you poverty. I said yesterday that the re- Bradenton, FL, is an area of the have one partner paying the bills and sults have been marginal, in some country which was hit extremely hard another partner takes it over while the cases successful, reducing the poverty during the foreclosure crisis, but em- first partner is sick and you miss the rate from 19 percent down to the 15 per- ployees at Bradenton Housing Author- fact that your annual premium was due cent it is now. But a lot more needs to ity only have to work 4 days a week. on your flood insurance. So what hap- be done. They get 2 weeks off at Christmas, bo- pens? That lapse can trigger much Now, in the fight against the war on nuses in June and December, and the higher rates that you cannot afford. poverty, this administration, like a lot option to cash out up to a month of Then suddenly you are in the situation of administrations, wants to spend sick leave twice per year. They get free of force-placed insurance. more money on more programs. Some use of a car purchased by the housing How about if new maps are issued. of that may be justified, but that does authority. After 15 years of employ- The new maps now put you into a 100- not seem to fix the problems. If you ment, they get to keep the car when year flood plain that you were not in just hand this money out with no they leave or take $10,000 instead; it is previously. It is not that the geography strings and no oversight, it gets di- their choice. changed; it is that a different set of en- verted and misused. That is the pur- There are generous fringe benefits, gineers, doing a different study, dif- pose of my speaking today on the sub- but many housing authorities also pro- ferent assumptions about where the ject of public housing. vide very lucrative salaries. These sal- rain will fail, which creek will swell Wasted money does not help the aries far exceed the salaries of Federal the quickest, puts you into this 100- poor. There are a lot of people who employees right here in Washington, year flood plain. make a nice profit from the poverty of DC, who hand out the taxpayers’ So now what are you going to do? others. This administration has been money to the housing authorities. The You are going to be in this situation. helping a number of these profiteers biggest salary jackpot winner I have You cannot afford that insurance, that while the poor suffer. I want to be clear encountered so far is the Atlanta Hous- newly placed requirement for insur- as to some of these issues I am talking ing Authority. At least 22 employees ance, so the servicer or bank puts it on about—their genesis goes back to pre- there earn between $150,000 and $303,000 for you. Well, they should put it in at vious administrations as well. Through per year. The Atlanta Housing Author- a fair market rate, not at a rate which my oversight work, I have seen this ity benefits from a special HUD des- is 5 to 10 times the fair market rate happen over and over, that a few people ignation called ‘‘moving to work.’’ and which is designed to gouge. profit from trying to help the poor, but That program exempts designated I have an amendment that addresses the money does not go there. The De- housing authorities from certain re- this by saying the servicers or banks partment of Housing and Urban Devel- quirements, including salary justifica- cannot take fees—or, as some would opment hands out $4 billion in Federal tion. This is not just an isolated exam- say, ‘‘kickbacks’’—for placing this in- money every year to local housing au- ple. The executive director of the Ra- surance and therefore have an incen- thorities. This money is supposed to leigh, NC, housing authority receives tive to do a nonmarket rate policy that help provide clean, affordable, safe about $280,000 in salary and benefits, is 5 or 10 times higher than the actual housing for the poor. But, while no one plus up to 30 vacation days. He also ac- market rate. is watching, much of the money gets cumulates comp time for any hours he This is a significant problem in force- spent on high salaries and perks for the works over 71⁄2 hours per day. He has placed home insurance. Certainly, we people who run the housing authori- used over 20 days of comp time per year do not need to add to this problem by ties. These housing authorities have since 2009. Add that to his regular va- allowing predatory premiums on force- other sources of money. For most of cation time, and he is out of the office

VerDate Mar 15 2010 02:06 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.009 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S499 nearly 3 months per year. Nine months Redevelopment Officials. That alone I continue to send my oversight let- of work for $280,000 is an annualized costs more than $177,000 per year. ters to the Senate appropriators and salary of $375,000 per year. Very few The Atlanta Housing Authority spent the Senate banking committee. These taxpayer-funded jobs pay anything more than $480,000 since 2009 for the are the letters I received permission to close to that amount. employees to attend conferences and put in the RECORD at the end of my So what is the justification for such training sessions. In fact, the housing statement. high salaries, particularly considering authority paid over $68,000 in con- The Senate appropriators and the the fact that they are supposed to pro- ference fees to a software company Senate banking committee members vide safe, affordable housing for low-in- after giving them a multimillion-dollar have jurisdiction over the Department come people? After years of ignoring contract for a new computer system. of Housing and Urban Development. the issue, HUD finally capped Federal I wonder—I don’t know, but I think it They have the authority to do some- funding for executive salaries at is legitimate to question—if the hous- thing about these abuses. My col- $155,500 per employee. Of course, this ing authority executive director leagues need to know the extent of the was only after various local media and thought to ask for a discount. Many of problems, and that I am ready to work I exposed deep-rooted problems and the housing authorities with question- with the Members of this body to ad- pushed the Department of Housing and able spending don’t limit the abuses to dress these issues. Urban Development to act. But now salaries or travel. Employment at public housing au- housing authority executives have The Tampa Housing Authority pur- thorities should be about public serv- turned to creative accounting tricks to chased a new $7 million administrative ice. That is why we have a program get around that limit of $155,500 per office that includes nearly $3 million in serving the needs of low-income people. employee. Since some of their money renovations and upgrades. That could It is supposed to be providing clean, comes from other sources, the housing have helped hundreds, if not thousands, safe, affordable housing for those in authorities simply claim that any sal- of poor people needing the housing. need, not helping bureaucrats live high ary over the Federal limit comes from They are also paying nearly $800,000 in on the hog on the taxpayers’ dime. one of those other sources, whereas the salary and benefits for a public rela- As I said in my opening, this problem money from those other sources ought tions department while at the same didn’t start with this administration. to be used to help low-income people time paying an employee another There is a culture here that had to $170,369 as a PR consultant. start back a long time ago. But now, have affordable, clean, and safe hous- Other housing authorities are also bringing these problems to the atten- ing. spending exorbitant amounts for out- Because of my oversight letters on tion of this administration, I hope it side consultants. Some of these con- this subject, HUD recently notified the will take them seriously. If this admin- sultants are former employees of the housing authorities that they must istration is truly serious about income local housing authority. document the original source of the inequality—and not only using it for In 2013, the Pittsburgh Housing Au- political purposes—it would stop shov- funding used to pay salaries over the thority retained 10 law firms for a total Federal limit. That is good news, but eling taxpayers’ money out the door of $3.5 million over 3 years. One law with practically no oversight, no con- there are still larger problems. The De- firm has been representing the housing trols, no limits, and the waste of partment is still not making this sal- authority during inquiries by the De- money I have just expressed. If Presi- ary data public in a reasonable time- partment of Housing and Urban Devel- dent Obama is truly serious about in- frame. I will give an example. This ad- opment Office of Inspector General and come inequality, he would take the ministration refused to release the 2010 the city controller. money high-income public housing au- set of data for almost a year. I hope we Think about that. It is bad enough thorities waste and give it to the ben- do not have to wait a year to get the that taxpayers’ money meant to help efit of low-income patrons of public most recent data. the poor is wasted, but when the tax- housing to provide what the law is Like many of our Federal agencies, payer also pays the lawyers to defend meant to provide these people: safe, af- some housing authorities spend large the very organization from scrutiny fordable, healthy housing. amounts of money on travel for con- about whether the taxpayers’ money There being no objection, the mate- ferences and training. Some of that was wasted is even more outrageous. Of rial was ordered to be printed in the may be legitimate, but I am raising course, that adds insult to injury. RECORD, as follows: questions about the extent to which it In Philadelphia, outside lawyers is done and the amount of money that U.S. SENATE, blocked the inspector general’s office COMMITTEE ON THE JUDICIARY, is consumed. Staff and board members from assessing spending data for Washington, DC, July 16, 2013. often attend the same conferences months, and that cost the taxpayers Hon. SHAUN DONOVAN, throughout the United States year millions of dollars. Secretary, U.S. Department of Housing and after year. They often attend multiple The Pittsburgh Housing Authority Urban Development, Washington, DC. conferences in a single year. In addi- also paid an outside consulting firm DEAR SECRETARY DONOVAN: The Depart- tion to travel costs, housing authori- $1.25 million in the year 2012. The vice ment of Housing and Urban Development ties must pay a conference fee for each president at the consulting company (HUD) awarded high performer status to the Harris County Housing Authority (HCHA) attendee they send, often ranging from billed the housing authority $404,000 for ‘‘for eight consecutive years’’ between 2004 $400 at the low end to $1,000 per em- 2,400 hours of work. That is 48 hours a and 2011. In the 2009 Consolidated On-Site ployee at the higher end. week for a year. It is more than double Review, the HUD field office director, Dan That money could easily be used to the $168,000 salary of the housing au- Rodriguez, even stated that, HCHA ‘‘prac- improve conditions and make needed thority executive director. tices are some of the best throughout our re- repairs in public housing facilities. In- Harris County, TX, is one of the most gion.’’ Following revelations of possible mis- stead, it is frittered away on con- egregious examples of out-of-control management in 2012, Mr. Rodriguez then told ferences. In other words, forget the spending. In 2013, the HUD inspector the Houston Chronicle, ‘‘We didn’t expect low-income people they are supposed to general questioned the mismanage- that anything was actually going on here of ment of over $27 million in Federal concern.’’ He further stated, ‘‘We in the field be helping and spend the money some- office here have always had the privilege of place else. funding for Harris County. The IG pro- having one of the highest-performing hous- The Tampa Housing Authority has vided the following examples of fraud ing authorities in the country.’’ spent more than $860,000 since 2009 for and abuse: over $1.7 million in exces- On June 19, 2013, the HUD Office of Inspec- staff and board members to attend var- sive payroll expenses; $190,000 for stat- tor General (OIG) released an audit report ious conferences, seminars, and train- ues and monuments; $66,000 for employ- raising concerns about HCHA mismanage- ing programs—$860,000 that could have ees’ shirts embossed with logos; $27,000 ment of over $27 million in federal funding. been used to provide affordable housing for trophies, plaques, and awards; In addition to over $7 million spent on an un- authorized disaster assessment and over $8 for low-income people. Tampa also has $14,500 for a helicopter, a chartered bus, million for the now-defunct Patriots on the been sending 20 or more employees per and golf cart rentals for a grand open- Lake development, the OIG provided numer- year to conferences sponsored by the ing; and $18,000 for letters written by ous examples of fraud and abuse of taxpayer National Association of Housing and Abraham Lincoln. dollars. These include:

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Please ex- more than 500 work days outside the office. $66,000 for employee shirts embossed with plain why this has not been done and, given While THA may argue the necessity for the HCHA logos; the recent financial problems at HCHA and conference and training attendance, a vast $54,000 for apartment rental for housing billions provided for Hurricane Sandy ef- majority of these trips appear to be non-crit- consultants; forts, when we might expect an audit to be ical to housing authority business and give $24,000 for a book writing project about dis- conducted? the impression of being an excuse to take ex- aster housing; 4. It is my understanding that neither the pensive vacations paid for with taxpayer dol- $27,000 for trophies, plaques and awards; former HCHA executive director, Guy lars. $14,500 for helicopter, chartered bus and Rankin IV, nor his new company, Inter- Like other housing authorities I have been golf cart rentals for a grand opening; national Housing Solutions, has been sus- investigating, THA has been spending lim- $18,000 for letters written by Abraham Lin- pended or disbarred from receiving federal ited federal funding for other questionable coln; and funding through HUD. In fact, Mr. Rankin expenses. The executive director, Jerome Over $150,000 in missing electronic equip- may be trying to obtain or has already re- Ryans, receives an annual salary of $214,000 ment including computers and electronic ceived Hurricane Sandy funding even after plus a compensation package which puts him tablets. allegedly wasting millions in Hurricane Ike well over the $155,500 salary cap. Additional The OIG found that both HCHA manage- funding. examples include: a new $7 million adminis- ment and the Board failed to fulfill their Please state whether HUD has suspended trative office with nearly $3 million in ren- oversight responsibilities. Specifically, ‘‘the or disbarred Mr. Rankin and/or International ovations and upgrades, nearly $800,000 on sal- Authority expended funds for many items Housing Solutions, as well as other bad hous- ary and benefits for the public relations de- that were not reasonable or necessary and ing authority actors, from receiving federal partment while paying $170,369 for a PR con- did not support the Authority’s mission.’’ funding. sultant, $2.8 million in outside legal fees Moreover, ‘‘they neglected their manage- Please also explain what steps HUD is tak- since 2009 while one outside lawyer is also ment and oversight responsibilities; wasted ing to ensure that Hurricane Sandy funding married to a housing authority employee. Authority funds, at times for personal gain; is used as Congress intended and not lost to In August, Executive Director Ryans com- circumvented existing internal controls; and waste, fraud and abuse. plained that ‘‘the agency will also lose ap- manipulated accounting records. These con- 5. What specific changes have been and will proximately 1 million dollars in administra- ditions occurred because the Authority’s be made to the housing authority assessment tive fees that cover operational costs due to management and Board failed to exercise program that will address the many defi- sequestration.’’ He also stated that ‘‘it is our their fiduciary responsibilities and did not ciencies in the current self-assessment pro- goal to continually find ways or opportuni- act in the best interest of the Authority.’’ gram? When will these changes be fully im- ties to reduce overall departmental costs.’’ I HUD also failed to ensure that millions in plemented? strongly suggest that Mr. Ryans and HUD Disaster Housing Assistance Program 6. Currently, the housing authorities’ fi- start by curtailing attendance at conferences (DHAP) funding, awarded following Hurri- nancial and management audits are paid for and training seminars, excessive salaries, cane Ike, were used properly or as intended. by the housing authorities themselves, consulting and legal fees. Instead, HCHA awarded a lucrative con- which may result in conflicts of interest. Please provide the following: sulting contract to the former HCHA Board What alternatives to auditor contracting 1. Please describe the steps being taken by chairman Odysseus Lanier’s firm just two awards and payments are being considered HUD to rein in excessive spending on travel, months after he resigned from the Board. by in order to ensure that the auditors are conferences and training at THA and other The conflict-of-interest waiting period is one serving the taxpayers instead of housing au- housing authorities across the country and explain why those steps have been ineffec- year. Mr. Lanier’s consulting firm received thority management? ‘‘$11.3 million from HCHA, according to Thank you in advance for your prompt at- tive in preventing the abuses described agency director Tom McCasland, most of it tention to this matter. I would appreciate re- above. 2. The complete annual compensation for work on some sort of multi-state disaster ceiving your response to this matter by July packages of all THA employees, including response survey that nobody wanted. Harris 31, 2013. Should you have any questions re- salaries, bonuses and any other compensa- County tried to get $7 million in reimburse- garding this matter, please do not hesitate tion (health care, retirement, etc). ment for it from the Federal Emergency to contact Janet Drew of my staff. 3. A copy of most recent employment con- Management Agency, but was denied, ac- Sincerely, tracts for the executive director and all THA cording to the audit.’’ Additionally, in 2008 CHARLES E. GRASSLEY, financial statements filed with HUD, includ- the housing authority purchased at least five Ranking Member, ing any statements made about executive di- high-end SUVs which were subsequently do- Committee on the Judiciary. rector salary and all benefits. nated to the Harris County Office of Emer- 4. Complete documentation of the remod- gency Management and earmarked for five U.S. SENATE, eling expenditures for the new headquarters specific employees. COMMITTEE ON THE JUDICIARY, building. Purchasing $18,000 historic documents, Washington, DC, November 20, 2013 5. The total number of credit cards issued spending $190,000 on statues and monuments, Hon. SHAUN DONOVAN, to THA, including any provided to THA and paying for chartered helicopter flights is Secretary, Department of Housing and Urban board members. not a hallmark of ‘‘one of the highest per- Development, Washington, DC. 6. All legal bills and professional service forming housing authorities in the country.’’ DEAR SECRETARY DONOVAN: I have been and consulting fees paid by the PHAs. Please This is money that should have been used to raising concerns about questionable spending also document all conflict of interest waiv- provide clean, safe, and affordable housing at public housing authorities (PHA) across ers. for those in need. HUD must take greater the United States. I have questioned exces- 7. A list of all take-home vehicles provided steps to safeguard taxpayer dollars, espe- sive travel spending at public housing au- by the housing authorities and the names of cially during this time of budget cuts due to thorities in the past, but the Tampa Housing the employees who drive them. sequestration. Please provide the following Authority (THA), a HUD high performer, ap- Thank you in advance for your prompt at- information: pears to have far surpassed those housing au- tention to this matter. I would appreciate 1. What steps are being taken by HUD to thorities in travel and conference spending. your response by December 6, 2013. Should recoup as much of the $27 million in ques- Recent investigative reports by Channel 10 you have any questions, please do not hesi- tionable spending outlined in the OIG audit News in Tampa found that THA has spent in tate to contact Janet Drew of my staff. report? excess of $860,000 since 2009 for staff and Sincerely, Given the efforts that Mr. Rankin and Board members to attend various con- CHARLES E. GRASSLEY, other officials at HCHA took to hide their ferences, seminars and training programs. Ranking Member. questionable spending, have criminal refer- According to travel documents provided by rals been made to the Department of Jus- THA (see attached), staff and board members U.S. SENATE, tice? If so, for what offenses? Who has been often attend the same conferences through- COMMITTE ON THE JUDICIARY, referred? out the United States, some for the same or- Washington, DC, January 8, 2014. 2. I have raised concerns about unreported ganizations year after year, and often attend Hon. SHAUN DONOVAN, conflicts-of-interest at HCHA and other multiple conferences in a single year. In ad- Secretary, Department of Housing and Urban housing authorities that have cost taxpayers dition to travel costs, THA pays a conference Development, Washington, DC. millions. What steps are being taken by HUD fee for each attendee, ranging between $400 DEAR SECRETARY DONOVAN: The Dayton to tighten up conflict-of-interest reporting and $1000. Every dollar that goes to airfare, Daily News recently reported questionable requirements and increased oversight to re- meals, lodging and conference fees, is an- management decisions at the Dayton (Ohio) duce the questionable payments in the fu- other dollar that cannot be used to help Housing Authority, renamed Greater Dayton ture? house homeless Tampa Bay residents. Premier Management (GDPM). I want to en- 3. It is my understanding that HUD has Additionally, these trips amount to thou- sure that HUD taxpayer dollars are used for conducted no oversight of the billions in Dis- sands of man hours spent away from the of- safe, affordable housing instead of question- aster Housing Assistance Program (DHAP) fice and not serving the citizens of Tampa. able compensation packages.

VerDate Mar 15 2010 02:06 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.004 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S501 According to the article, the GDPM Board tive director of the Raleigh, North Carolina Conflict of Interest waivers filed by the RHA of Commissioners recently fired the interim Housing Authority (RHA) and his extremely and RHA board with HUD. CEO, Al Prude. Mr. Prude was removed by a generous salary and fringe benefits. Specifi- 7. Provide all travel records for all employ- Board resolution which stated that the hous- cally, we are concerned that the RHA—a ees at RHA as well as the RHA board mem- ing authority ‘‘is going to a ‘new business HUD ‘‘high performer’’—allows its executive bers. model’ that consists of four agency directors director, Steve Beam, to be on paid vacation 8. Please provide the names of all nonprofit acting as a team that will meet twice a day from the housing authority for nearly three affiliates with ties to RHA. Please include to run the agency.’’ Instead of hiring a new months a year to pursue his outside hobbies the names of all officers and their salary/ CEO immediately, the housing authority is and interests. benefit packages. paying the four department heads each an According to the article, Mr. Beam is one Accordingly, please provide responses by additional $1,000 per week to cover the CEO of the most highly paid housing authority no later than January 24, 2014. If you have duties. At that rate, the housing authority is executive directors in the country. His com- any questions regarding this letter, please spending $16,000 per month or $192,000 per pensation package, which includes ‘‘salary, have your respective staff members contact year for the department directors to cover bonuses, longevity payments and car allow- Janet Drew with Senator Grassley or Kris the CEO duties, with no time frame for nam- ance,’’ totals approximately $280,000 per Denzel with Congressman Holding. ing a replacement. The former CEO was paid year. This year, the RHA board also in- Sincerely, just over $123,000 per year which now looks creased his annual vacation time from 24 CHARLES E. GRASSLEY, like a bargain. days to 30 days per year. In return for the U.S. Senator. It also appears that prior to his removal, high salary, Mr. Beam is only required to GEORGE HOLDING, Mr. Prude received two very lucrative pay work 7.5 hours per day. U.S. Congressman. raises on one day last year. The first bumped In addition to the generous salary and va- his salary ‘‘from $98,542 to $123,157 on Aug. cation days he receives through his contract, U.S. SENATE, 30, 2012, along with a check for back pay Mr. Beam also accumulates comp-time for COMMITTEE ON THE JUDICIARY, through June 1, when he was appointed in- any hours he works over 7.5 hours. This ben- Washington, DC, January 16, 2014. terim CEO.’’ The second was an increase efit is extremely unusual for such a highly Hon. SHAUN DONOVAN, ‘‘from $81,000 to $98,542, retroactive to the paid manager and Mr. Beam has used it to Secretary, U.S. Department of Housing and date of his hire on Jan. 31, 2011.’’ He also re- rack up over four months of paid vacation Urban Development, Washington, DC. ceived a lump-sum payment for back pay from 2010 to the present. In fact, because of DEAR SECRETARY DONOVAN: A recent series back to his hire date. The raises were signed Mr. Beam’s unique 7.5 hour work day, over of articles in the Bradenton Herald describe by himself, the board chairman and the chief the course of one year he accrues an addi- very serious financial mismanagement issues financial officer. tional two weeks of comp-time simply by at the Bradenton (Florida) Housing Author- Although the GDPM Board decided to ter- working a traditional eight hour day. All ity (BHA). Specifically BHA—a HUD ‘‘high minate Mr. Prude, the decision to pay the told, he used 22.5 comp days in 2009, 23.5 in performer’’—has provided lucrative em- department heads to cover his duties indefi- 2010, 20 in 2011, 20.5 in 2012, and only 14 ployee compensation packages that helped nitely appears to be even more expensive through October 2013. put the housing authority $400,000 in debt. than the previous CEO. Therefore, I am re- It appears however, that despite these ex- HUD has already removed both employees questing the following information for the tremely generous benefits, Mr. Beam still for attendance and vacation time infrac- period of 2008 to the present: uses government funded time to indulge his tions, but there appear to be other financial 1. Please provide an explanation for why a interest in magic tricks, which he referred to and management problems as well. housing authority is allowed to pay an addi- as his ‘‘business/hobby’’ in a statement to The BHA employee manual contains very tional $16,000 per month for four individuals the News & Observer. The newspaper questionable provisions for take-home vehi- to act as CEO. Please also document how spotlighted several examples of Mr. Beam’s cles, lucrative bonus and leave policies, and HUD intends to enforce the $155,000 salary using work time to pursue his hobby includ- retirement benefits. According to an October limit when the duties are split among sev- ing posting to a website called ‘‘The Magic 6, 2013 Bradenton Herald article, at least half ´ eral individuals. Cafe.’’ Given that the RHA board specifically of the ten person staff have take-home vehi- 2. The complete annual compensation gives Mr. Beam months of vacation unavail- cles. According to page 49 of the BHA em- packages of all GDPM employees, including able to other housing authority executives in ployee handbook, the take-home vehicles are salaries, bonuses, retroactive pay, separation order to pursue his interest in magic, it is ‘‘available for both business and personal pay and any other compensation (health extremely concerning that Mr. Beam was un- use,’’ and ‘‘BHA issues a fuel credit card for care, retirement, etc.). able to confine his ‘‘business/hobby’’ to his each vehicle user.’’ Additionally, the em- 3. Provide a list of all legal bills and pro- multiple months of vacation which suggests ployee is required to ‘‘arrange for routine ve- fessional service and consulting fees paid by the RHA does not have sufficient oversight hicle servicing . . . through the Development GDPM. controls over Mr. Beam’s activities. Director’’ and the vehicle must be ‘‘cleaned 4. Please document any Conflict of Interest The RHA executive director and board be- every other week inside and out at a des- waivers filed by the GDPM and Board of lieve that RHA functions well while the ex- ignated car wash.’’ Commissioners with HUD. ecutive director is away from the office for If employees with fifteen or more years of 5. What additional oversight is being con- nearly three months a year mainly because service like their take-home vehicles, they ducted by HUD regarding payments to out- RHA has a ‘‘capable’’ deputy executive direc- have the option of keeping them when they side consultants and law firms by all housing tor to pick up the slack. As the RHA receives retire or voluntarily leave. According to the authorities across the country to ensure that the vast majority of its funds from HUD, it employee handbook, the employee ‘‘will be all federal funds, including stimulus and dis- is important for HUD to hold Mr. Beam and entitled to either the vehicle that they are aster funds, are protected against waste, the RHA board accountable for their actions. driving at the time of the separation or fraud and abuse? Please be specific. To examine the extent of HUD’s oversight $10,000.’’ Moreover, the policy provides that 6. Provide all travel records for all employ- over Mr. Beam in the RHA, please answer ‘‘if said vehicle is leased, the Housing Au- ees at GDPM as well as the GDPM Board the following questions and provide the re- thority will immediately pay the lease in members. quested documents: 7. Please provide the names of all nonprofit 1. An explanation for why Mr. Beam is al- full.’’ Interestingly, the policy places no affiliates with ties to GDPM. Please include lowed to accumulate up to three weeks of limit on the value of the vehicle or the lease the names of all officers and their salary/ comp time while working less than the to be paid off. benefit packages. standard 40 hour work week. Most BHA employees are given two bo- Accordingly, please provide responses by 2. An explanation for how RHA is deemed a nuses every year, one in June and one in De- no later than January 24, 2014. If you have ‘‘high performer’’ when the executive direc- cember. According to the employee hand- any questions regarding this letter, please tor is away from the office for nearly three book, employees who have been with BHA have your respective staff members contact months per year. for at least a year are eligible for a bonus of Janet Drew. 3. The complete list of annual compensa- up to ten percent which is determined by the Sincerely, tion packages of all RHA employees, includ- executive director. The bonus is paid in June CHARLES E. GRASSLEY, ing salaries, bonuses, longevity pay, car al- and even employees who retire or volun- Ranking Member. lowance and/or take-home vehicle, vacation tarily leave during the year receive a pro- and comp time and any other compensation rated bonus. According to an October 20, CONGRESS OF THE UNITED STATES, (health care, retirement, etc). 2013, Bradenton Herald article, BHA insti- Washington, DC, January 9, 2014. 4. Please review and document the execu- tuted a new bonus policy in February 2013, Hon. SHAUN DONOVAN, tive director’s use of RHA office equipment without Board approval, that gave every em- Secretary, U.S. Department of Housing and to conduct non-RHA business. ployee a ten percent raise in March 2013. The Urban Development, Washington, DC. 5. Provide a list of all legal bills and pro- second bonus, a longevity award, is paid in DEAR SECRETARY DONOVAN: Recent reports fessional service and consulting fees paid by December of each year (see Table below). in the Raleigh News & Observer, which we RHA. Even employees who voluntarily left BHA have attached to this letter, have shone a 6. Please provide copies of all employee fi- after five or more years of employment are light on the situation surrounding the execu- nancial disclosure forms and document any paid a prorated amount.

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For service of at least: But less than: The Amount is: The assistant legislative clerk pro- quired are burdensome on the organiza- ceeded to call the roll. tions and groups and individuals who 2 years ...... 3 years ...... $100 3 years ...... 4 years ...... $200 Mr. BLUMENTHAL. Madam Presi- are forced to carry on that fight. 4 years ...... 5 years ...... $300 dent, I ask unanimous consent that the I know about that fight because I 5 years ...... 10 years ...... 1 Weeks Pay 10 years ...... 15 years ...... Two Weeks Pay order for the quorum call be rescinded. helped to wage it as an attorney gen- 15 years ...... 20 years ...... Three Weeks Pay The PRESIDING OFFICER (Ms. eral in the State of Connecticut for 20 20 years ...... 4 Weeks Pay HEITKAMP). Without objection, it is so years. I am very proud that I enforced The BHA has very liberal leave policies in- ordered. many of the laws that are designed to cluding 15 hours of vacation and 15 hours of WOMEN’S HEALTH PROTECTION ACT protect a woman’s right to choose, in- sick leave per month and bonus vacation Mr. BLUMENTHAL. Madam Presi- cluding the FACE statute. I was the hours after five years of service. Although dent, this month we recognize the 41st first attorney general to enforce the the employee handbook allows for two days anniversary of the Supreme Court deci- FACE statute. off for Christmas and one for New Year’s We have many issues that are now Day, BHA had been closing between Decem- sion in Roe v. Wade, a ruling that as- sured every woman her constitutional before the Supreme Court, such as the ber 20th and January 2nd for the Christmas McCullen v. Coakley case—which I and New Year’s holidays. Plus, an employee right to make her own decision about can, according to the employee handbook, whether and when to have a child based hope will be decided—to uphold the cash out between 40 and 160 sick leave hours on her fundamental right to have her buffer zone that makes women’s rights twice per year and may convert vacation privacy protected. real against the intimidation and de- hours to sick leave hours in order to cash I had the honor to clerk for the au- terrents that anti-choice groups try to them out. In fact, the Bradenton Herald esti- thor of Roe v. Wade, Justice Harry bring. mates that the former executive could cash Making these rights real—the right Blackmun, shortly after that decision out ‘‘between $7127.50 and $28,510 at a time’’ of privacy, the right to be left alone— in 1974. Few of us expected we would be so he could have pocketed an extra $14,225 to is the fundamental reason that we have here 41 years later facing the kind of $57,020 per year. introduced the Women’s Health Protec- Meanwhile, BHA board members failed due attacks—in fact, the onslaught on tion Act. diligence and oversight responsibilities. The women’s health care and on their right board consistently passed ‘‘resolutions with- The President tonight will talk about to privacy—that we see again and many of the most important issues out seeing the language’’ and the chairman again and again on the part of States, now wants to review employee policies only that matter to this country, including after the executive director was fired. An- and even in this Congress. economic opportunity, job creation, re- other board member stated ‘‘HUD is the offi- Today the House of Representatives covery from the deepest recession in cial agency.’’ And, ‘‘They didn’t call me and will debate and probably vote on a bill recent history; giving people a greater say, ‘Did you know your budget is in def- that would severely restrict—very sense of confidence and trust in their icit.’ ’’ practically constrict—a women’s right ability to gain the skills they need to To examine the extent of HUD’s oversight to choose. H.R. 7 is a threat to that over BHA management, please answer the move forward in their lives. Economic right of privacy. Instead of moving for- mobility in this country is one of the following questions and provide the re- ward in protecting women’s health, all quested documents from years 2008 to greatest challenges we face for our present: too often we have seen ongoing at- children and our grandchildren. Those 1. A copy of the former BHA executive di- tacks. After four decades, this judg- issues of job creation and economic rector’s most recent employment contract. ment is threatened by onerous and on- growth are what we should be debating, 2. The total amount of salary and com- going limitations repeatedly passed by pensation paid to the former executive direc- not H.R. 7, not the restrictions at the State legislators and this body. State level that seek to inhibit and im- tor. I am very proud to be joined today by 3. The complete annual compensation pay- pede the ability of a woman to exercise ments to all BHA employees, including sala- two of my most distinguished col- her fundamental right to privacy. Let’s ries, bonuses, longevity awards and cashed leagues, Senator MURRAY of the State keep in mind what is important to the out sick time any other compensation of Washington and Senator BALDWIN of American people who sense deeply, be- (health care, retirement, take-home vehicle). Wisconsin, who have been tireless cause it is part of our cultural DNA, 4. The total number and description of champions for women’s rights—for our BHA take-home vehicles. The number of part of our fundamental reason for constitutional rights—and for women’s being as a nation, that we have a right BHA vehicles or $10,000 payments given as a health care. I am humbled and admir- retirement/separation benefit, as well as to privacy over a personal decision whether or not the housing authority paid ing of the work they have already done that should be made by a woman in off the vehicle lease. and the work we have ahead of us. consultation with her doctor, her 5. The total number of fuel and other cred- With their support, I have intro- health care provider, and her family, it cards authorized by BHA. Please include duced—particularly with the active without interference from government the names of each employee provided with a work of Senator BALDWIN—a measure bureaucrats or politicians. That is fuel or other credit card, and the monthly that will proactively and preventively what is important. Ending the chilling fuel charges paid by BHA. protect women’s rights against this on- 6. In addition to every Friday, please docu- effect of those State restrictions is also ment every week day (both full and half) per slaught at the State level. one of the goals—the chilling effect year that the BHA has been closed and for The Women’s Health Protection Act that deters women from exercising what reason. is designed to stop restrictions that those rights, making those rights real, 7. A list of all legal bills and professional purportedly protect women’s health protecting a woman’s right to decide service and consulting fees paid by BHA, in- but really use that cause as a ruse and whether and when to have a child. cluding all vehicle service bills. a ploy to impose physical layouts on Every pregnant woman faces her own 8. Please provide all financial disclosure clinics, admitting privileges on doc- forms completed by BHA employees and doc- unique circumstances and challenges, ument any Conflict of Interest waivers filed tors, and other kinds of severely bur- and she has a right to make her own by the BHA and Board of Commissioners densome restrictions—such as decision based on her own values, guid- with HUD. ultrasound requirements when there is ance from a physician she trusts, a 9. Provide all travel records for employees no real medical reason for them—and family member she loves and her per- at BHA as well as the BHA Board members. basically apply to abortion health care sonal goals and what is right for her Accordingly, please provide responses by the same kinds of restrictions with no no later than January 31, 2014. If you have family. any questions regarding this letter, please more limitations than are required for In the 40 years since Roe v. Wade, the have your respective staff members contact medically comparable procedures. That attacks on this right have not been Janet Drew. is the basic principle. slowed; they have merely evolved, and Sincerely, The goal is to push back the offensive they have taken new forms. I stand CHARLES E. GRASSLEY, onslaught on women’s health care. We with my colleagues today and ask that Ranking Member. want to be on the offense rather than we recognize together these pervasive Mr. GRASSLEY. I yield the floor, the defense because undoubtedly most threats, that we counter them and and I suggest the absence of a quorum. of these restrictions, if not all, will stand together in fighting back. The PRESIDING OFFICER. The eventually be struck down by the I am very proud to stand with Sen- clerk will call the roll. courts. The resources which are re- ator BALDWIN and Senator MURRAY,

VerDate Mar 15 2010 02:06 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.006 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S503 and I am proud to yield for Senator signed it, the admitting privileges pro- I yield the floor. BALDWIN. vision would have reduced women’s ac- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- cess to safe and legal abortions in Wis- ator from Washington. ator from Wisconsin. consin by 66 percent, closing several Mrs. MURRAY. Madam President, I Ms. BALDWIN. Madam President, I health care clinics and leaving women thank my colleagues from Connecticut thank the Senator from Connecticut. out in the cold. But unfortunately for and Wisconsin for their strong voices Last week marked the 41st anniver- this woman in Middleton, the court in support of a woman’s right to make sary of the landmark Supreme Court order did not come fast enough and the her own health care decisions in this decision in Roe v. Wade, which af- Governor’s law disrupted her family country. I appreciate them being here firmed that women have the right to during a deeply personal and trying today to talk about that and to stand make their own personal health care time. with me to remind our colleagues that decisions and to have access to safe and The threat in Wisconsin and in 41 years ago last week, just about 400 legal reproductive care. States across the country is clear. yards from where we are standing The anniversary of Roe should com- Politicians are doing this because they today, the course of history for women memorate how far our country has pro- think they know better than women in the United States was changed for- gressed in the last 40 years in safe- and their doctors. The fact is they ever. guarding women’s reproductive free- don’t. It is not the job of politicians to After over one century of struggle, a doms and access to quality health care. play doctor and to dictate how these new generation of American women But today I rise to recognize that his- professionals practice medicine, nor is had access to safe and legal abortion. tory has been made in another way; it their job to intrude in the private With one case, American women gained that is, turning back the clock. lives and important health decisions of Americans across the country expect the ability to make their own decisions American families. about their own health care and their to have access to high-quality, depend- That is why I am proud to stand with able health care when they and their own bodies. At a time when some Mem- my colleagues, including my good bers of this body were far too young to families need it. Unfortunately, for friend from Connecticut and my good women across this country, this access remember, women stood up to the re- friend from Washington State, and strictive laws of States and the Federal has come under attack. challenge these attacks on women’s As my colleagues and I have worked Government and to the men who at freedoms. I am proud to have intro- that time wrote them. to reform our health care system, to duced the Women’s Health Protection I would like to think that after four expand access to quality, affordable Act because every American woman de- decades, many of those who want to health care, too many States have en- serves the freedom to exercise her con- make women’s health care decisions acted record numbers of laws that re- stitutional rights by making personal for them have come to grips with the strict a woman’s access to comprehen- health decisions for herself and for her fact that Roe v. Wade is settled law. sive reproductive health services and family with a trusted doctor and with- But unfortunately that notion is the freedom to make her own health out political interference. care decisions. In the past 3 years, Our bill makes it clear that States quickly shattered with one look at our States across the country have enacted can no longer enact laws that unduly legislatures across the country and ef- a total of 205 provisions that restrict limit access to reproductive health forts right here in Congress. In fact, to- women’s access to safe abortion serv- care and that do nothing to further morrow the House of Representatives ices. In 2013 alone, States enacted 70 of women’s health or safety. The Women’s is slated to vote on their misleadingly these measures. Health Protection Act creates Federal named ‘‘No Taxpayer Funding for In my home State of Wisconsin, we protections against State restrictions Abortion Act.’’ That bill severely un- are now ranked as one of the worst that fail to ensure women’s health and dermines a woman’s access to insur- States when it comes to a woman’s re- intrude upon personal decisionmaking. ance coverage of comprehensive health productive rights, thanks to our Re- It promotes and protects a woman’s in- care and fails to allow her to get the publican Governor and legislature. Wis- dividual constitutional rights and care she needs, even when her own consin women, families, and their doc- guarantees that she can make her own health is at risk. It is nothing more tors are facing a slew of new and rad- responsible health care decisions no than an attempt to eliminate access to ical restrictions to health services matter where she lives. abortion services while restricting a mandated by one-party—Republican— Elected officials should not put poli- woman’s ability to make personal deci- rule in my State. tics before women’s health and wom- sions about her own care. I guess we Most recently, our Governor has en- en’s safety. Women are more than ca- shouldn’t be surprised. acted four new restrictions on women’s pable of making their own personal The truth is that the tide of these po- access to safe and legal abortion care medical decisions without consulting litically driven, extreme, and unconsti- in our State. For one, he signed a law their legislator. Every woman in Amer- tutional laws continues to rise. In 2013, that not only forces women to undergo ica deserves the freedom to plan her our Nation saw yet another record- unnecessary medical procedures but own family, to make her own health breaking year of State legislatures also imposes unreasonable require- care decisions, and to have access to passing restrictive legislation barring ments on doctors who deliver care to essential and quality women’s health women’s access to abortion services. In women. care services. We need to act now to fact, in the past 3 years, the United I recently heard from a mother in guarantee that women will continue to States has enacted more of these re- Middleton, WI. She found out her baby have that freedom. strictions than in the previous 10 years had severe fetal anomalies and would Today I stand with 33 of my Senate combined. That means that now, more not survive delivery. She had to under- colleagues and 99 Members of the than ever, it is our job to protect this go an emergency termination, and a House of Representatives to move our decision for women, to fight for wom- clinic in Milwaukee was the only place country forward with the Women’s en’s health, and to ensure that wom- that would do the procedure. But be- Health Protection Act and to safeguard en’s health does not become a political cause the Governor was set to sign this women’s constitutional rights under football. law imposing unreasonable require- Roe. We need to act now to protect a For that reason today I will, along ments on providers, the clinic was pre- woman’s access to care and her con- with 18 other Members of my caucus, paring to close its doors and wouldn’t stitutional rights, no matter where she file a brief with the Supreme Court of schedule her for an appointment. She lives, by enacting the Women’s Health the United States in the case of Hobby and her husband were forced to find Protection Act. Lobby Stores, Inc., v. Sebelius. Just as childcare for their two sons and leave Again, I thank my colleagues, in par- in the many attempts before this case, the State and travel to Minnesota just ticular my good friend from Con- there are those out there who would to get the medical care she needed. If necticut, in leading us in this discus- like the American public to believe not for a Federal court order blocking sion on the Senate floor but also with that this conversation is anything but the law shortly after the Governor the introduction of the bill. an attack on women’s health care. To

VerDate Mar 15 2010 02:06 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.014 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE S504 CONGRESSIONAL RECORD — SENATE January 28, 2014 them, it is a debate about freedom—ex- slope that could lead to employers cut- level highs; income inequality is at the cept, of course, for the freedom of ting off coverage for childhood immu- highest point literally in 86 years; women to access their own care. nizations, if they object to it, or pre- household income has dropped by near- It is no different than when we are natal care for children born to unmar- ly $4,000 since the President took of- told that attacks on abortion rights ried parents, if they thought that was fice. aren’t an infringement on a woman’s wrong, or an employee’s ability to ac- I would like to quote from a piece right to choose, they are about religion cess HIV treatment. that was published on Sunday. It said or States’ rights, or when we are told I am proud to be joined in this effort this: that restricting emergency contracep- by 18 other Senators who were here The last five years have been cataclysmic. tion isn’t about limiting women’s abil- when Congress enacted the religious . . . The average income of the top 1 percent ity to make their own family planning protections through the Religious of earners increased about 31.4 percent from decisions, it is about protecting phar- Freedom Restoration Act in 1993 and 2009 to 2012, while wages for the other 99 per- macists, or when last week we were who also were here when Congress cent essentially stood still. The proportion told that a certain former Republican made access to women’s health avail- of economic gains going to the very wealthy Governor’s comments about women’s able through the Affordable Care Act under the Obama administration is greater than it was under Mr. Bush. libido was a ‘‘tone’’ issue rather than a in 2010. They are Senators who know direct reflection of the Republican Par- that Congress never intended for a cor- Those are not Republican talking ty’s misguided and arcane policies. poration—or furthermore, its share- points. That is from a column pub- The truth is this is about contracep- holders—to restrict a woman’s access lished in the New York Times. The col- tion. This is an attempt to limit a to preventive health care, because we umn goes on to state: woman’s ability to access care. This is all know that improving access to The rich-poor gap in the United States is about women. birth control is good health policy and now greater than in any other industrialized Allowing a woman’s boss to call the good economic policy. We know it will country. Upward mobility, a staple of the shots about her access to birth control American Dream, is eroding compared with mean healthier women, healthier chil- more than a few nations. should be inconceivable to all Ameri- dren, and healthier families. And we cans in this day and age and takes us know it will save money for businesses That again is from the New York back to a place in history when women and consumers. Times. had no voice or no choice. So today we are taking another step Whether the author intended it that In fact, contraception was included forward to uphold the promise we made way, it is a pretty damning indictment as a required preventive service in the to women and provide this access of the economic policies of the past 5 Affordable Care Act on the rec- broadly, and I believe our Nation will years. ommendation of the independent, non- be better for it. So I am glad to hear that the Presi- profit Institute of Medicine and other I yield the floor. dent is planning to focus on income in- medical experts because it is essential The PRESIDING OFFICER. The Sen- equality and economic opportunity to- to the health of women and their fami- ator from South Dakota. night. These statistics make it very lies. After many years of research, we Mr. THUNE. Madam President, I ask clear just how important it is we have know ensuring access for effective unanimous consent to speak for no that discussion right now. And they birth control has a direct impact on longer than 15 minutes. also make it clear we cannot continue improving the lives of women and fam- The PRESIDING OFFICER. Without the economic policies of the past 5 ilies in America. We have been able to objection, it is so ordered. years because these policies have clear- directly link it to declines in maternal STATE OF THE UNION ADDRESS ly failed. and infant mortality, reduced risk of Mr. THUNE. Madam President, to- The President has tried throwing ovarian cancer, better overall health night the President of the United taxpayer money at the problem—wit- care outcomes for women, and far States will come before the Congress ness the failed trillion-dollar stimulus fewer unintended pregnancies and abor- and make his State of the Union Ad- bill. He has tried economic bandaids tions, which is a goal we should all dress. That is an annual ritual we go that attempt to alleviate some of the share. through around here every year, and I symptoms of economic stagnation But what is at stake in this case be- have been through State of the Union without doing anything to address the fore the Supreme Court is whether a speeches through multiple administra- cause. Neither of those strategies has CEO’s personal belief trumps a wom- tions. I sort of liken them to somebody been successful in doing the one thing an’s right to access free or low-cost making New Year’s resolutions at the that will turn our economy around; contraception under the Affordable beginning of the new year, filled with that is, creating full-time, well-paying Care Act. Every American deserves to lots of rhetoric and promises, most of jobs for the American people. have access to high-quality health care which get left on the cutting-room Extending unemployment benefits or coverage, regardless of where they floor when the speech concludes. But offering food stamps may provide work, and each of us should have the that being said, it is something that short-term relief, but no government right to make our own medical and re- gives the President an opportunity to assistance is going to provide a stable, ligious decisions without being dic- lay out his agenda for the coming year. secure, prosperous future like a good tated to or limited by our employer. Rumor has it that this year the job will. Real long-term economic secu- Contraceptive coverage is supported by President’s speech is going to focus on rity and prosperity comes when fami- the vast majority of Americans who income inequality and economic oppor- lies have access to stable well-paying understand how important it is for tunity. Well, that is good to hear be- jobs, with the potential for advance- women and families. cause these last 5 years of the Obama ment. In weighing this case, my hope is the administration have been devastating If we really want to help Americans, Court realizes that women working for to Americans who are trying to ad- if we really want to get our economy private companies should be afforded vance economically. growing, that is where our focus needs the same access to medical care re- Nobody can deny that the President to be: creating the kind of environment gardless of who signs their paycheck. inherited a difficult economic situa- where job creation can flourish. That We cannot allow for-profit, secular tion. I think we would all concede that means making it easier and less expen- corporations or their shareholders to at the very outset. But he has had now sive for businesses—particularly small deny female employees’ access to com- 5 years, going on 6, to make things bet- businesses, which create a majority of prehensive women’s health care under ter. Unfortunately, he has not made the jobs in this country—to expand and the guise of a religious exemption. It is much progress. hire new workers. as if we are saying that because you For the majority of Americans, Unfortunately, the President has are a CEO or a shareholder in a cor- things do not look much better today spent much of his Presidency making poration, your rights are more impor- than they did 5 years ago. The econ- it more difficult. ObamaCare, for exam- tant than your employees who happen omy still is not working; unemploy- ple, saddled businesses with a host of to be women. That is a very slippery ment remains at historic recession- new taxes and regulations that have

VerDate Mar 15 2010 02:06 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.015 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S505 made it difficult or in some cases im- Of course, no discussion of relief for cost increases—there are new regula- possible for businesses to hire new em- middle-class Americans and job cre- tions coming out today that are going ployees. ators is complete without discussing to put new requirements and regula- CBS reported in December that—and ObamaCare, which is putting an intol- tions on existing coal-fired powerplants I quote—‘‘Nearly half of U.S. compa- erable burden on middle-class families that are going to drive electricity costs nies said they are reluctant to hire and small businesses. through the roof for people whom I rep- full-time employees because of the I am not very hopeful that the Presi- resent in South Dakota. [ObamaCare] law.’’ That is not how you dent is going to announce his intention Fifty percent of the electricity in want businesses to feel if you are look- tonight of working with Congress to re- South Dakota comes from coal-fired ing to encourage them to grow and cre- pair some of the worst parts of his sig- power. We are told the administration ate jobs. nature law, but for all Americans’ is coming out with regulations that are So I am hoping that this evening the sake, I hope he does. going to apply those same things that President will turn away from the poli- Around the country, families are apply to new plants to existing coal- cies that have made nearly half of U.S. reeling under the impact of fired power. So you are going to have companies too worried to hire new full- ObamaCare: higher insurance pre- not only new plants that are going to time employees and turn toward poli- miums, higher out-of-pocket costs, re- be prevented from being constructed cies that will enable real job creation duced access to doctors and hospitals. but those that are existing that are in our economy. Meanwhile, businesses are cutting going to have to modify their plants at According to his advisors, the Presi- workers’ hours, eliminating health enormous cost, in many cases with dent wants 2014 to be a year of action. care plans, or declining to expand their technologies that do not exist. All that Republicans could not agree more, and businesses to protect themselves from does is put people out of work and there are a number of actions we think ObamaCare’s burdensome taxes and makes it more expensive for middle- the President can take, and I hope he regulations. class Americans to make ends meet. will announce them tonight. There is bipartisan support for more One thing Republicans and Demo- If you want to do something about than one change to ObamaCare, and income inequality, provide good-paying crats agree on, and would like the there is particularly strong support for President to do, is grant immediate ap- jobs for middle-class families in this repealing the job-killing medical de- country. Put policies in place that proval of the Keystone pipeline. Ac- vice tax, which is forcing medical de- cording to the President’s own State make it less expensive, less difficult to vice companies to send American jobs Department, the Keystone pipeline create those jobs, and then drive down overseas. the cost for middle-class Americans would support 42,000 jobs that would In March of last year, the Senate provide $2 billion—$2 billion—in wages rather than raising them—rather than voted 79 to 20—79 to 20—against the having higher energy costs, higher and earnings without taxpayers having tax. More than 30 Democrats voted for to spend a dime. All that is required for health care costs, higher this, higher repeal. If the President is really serious the creation of these jobs is the Presi- that, all because of policies coming out about putting Americans back to work, dent’s approval, which he has of Washington. he will announce his intention of work- inexplicably delayed now for 5 years, We can do better. The President has ing with Congress to repeal this job-de- despite numerous reports testifying to not always shown his eagerness to stroying portion of his legislation. the benefits of the project and its low work with Congress in the past. I am Last month almost 350,000 Americans environmental impact. told that tonight he is going to talk The President’s staff has spent a lot gave up looking for jobs and dropped about all the things he can do unilater- of time over the last week talking out of the labor force altogether. That ally. I hope that tonight’s State of the about the President’s intention of act- is 350,000 Americans in 1 month—1 Union Address will mark a new start. ing without Congress when Congress month—who gave up looking for a job. Republicans are ready to get to work. I disagrees with him. Well, here is some- The labor force participation rate is hope the President is too. I yield the thing the President can legitimately do at its lowest level in 36 years. More floor. than 10 million Americans are looking unilaterally. He has the authority to RECESS for work, and nearly 4 million of them open the door to these 42,000 jobs, and The PRESIDING OFFICER. Under have been unemployed for more than 6 I hope this evening he will announce the previous order, the Senate stands months. In fact, if you had the labor his intention of acting on approval of in recess until 2:15 p.m. participation rate today that we had the Keystone pipeline. There upon, the Senate, at 12:45 p.m., when the President took office, the un- Another thing I hope the President recessed until 2:15 p.m. and reassem- employment rate today would be about will do tonight is encourage the major- bled when called to order by the Pre- 11 percent. ity leader to take up dozens of jobs siding Officer (Ms. BALDWIN). bills that have been passed by the It is definitely—it is definitely—time House of Representatives. Many of for a year of action. It is time to leave f these bills passed the House with bipar- behind the economic bandaids of the HOMEOWNER FLOOD INSURANCE tisan support and could pass the Sen- past 5 years and focus on policies that AFFORDABILITY ACT OF 2014— ate the same way. There is no good rea- will not address just the symptoms but MOTION TO PROCEED—Continued son why the majority leader has de- the cause of our weak economic The PRESIDING OFFICER. The Sen- cided to let them languish. Surely we growth. ator from Tennessee. could take up a few of those bills. The We need to remove the obstacles fac- President ought to call on his party to ing our Nation’s job creators so that SCHOLARSHIPS FOR KIDS ACT pass these bills to get Americans back struggling Americans can finally get Mr. ALEXANDER. Madam President, to work. back to work. We need to help create a this morning the Senator from South In the same spirit, I hope the Presi- future where every American has the Carolina, Mr. SCOTT, and I went to the dent will call on his party in the Sen- opportunity for a well-paying, full- American Enterprise Institute and out- ate to approve trade promotion author- time job, with the possibility of ad- lined two bills that together represent ity legislation, which would help create vancement. You are not going to see the most ambitious proposals ever to U.S. jobs by giving farmers, ranchers, that as long as the policies coming out enable States to use Federal dollars to entrepreneurs, and job creators in this of Washington, DC, and this adminis- allow parents to find a better school country access to 1 billion new con- tration make it more expensive and for their child. sumers around the globe. more difficult to create jobs for the I would like to take a few minutes to Republicans hope the President will American people. talk about my proposal, which is called use that phone of his that he keeps And you are not going to do anything the Scholarships for Kids Act, and the talking about to call the majority about income inequality if you drive context in which we find ourselves leader here in the Senate and encour- people’s cost of living higher, which is today as we look forward to the Presi- age him to pass trade promotion au- what ObamaCare’s premium increases, dent’s State of the Union address. I thority as soon as possible. higher out-of-pocket increases, energy- would also like to briefly mention the

VerDate Mar 15 2010 02:06 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.017 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE S506 CONGRESSIONAL RECORD — SENATE January 28, 2014 proposal of Senator SCOTT from South Scholarships for Kids would benefit form, outside developers will bring hundreds Carolina. He has already introduced his only children that fit the Federal defi- of thousands of applications to the table.’’ bill. He will be on the floor at another nition of ‘‘poverty’’ which is about one- Already 16 States have begun a vari- time to talk about it. But these are big fifth of all school children. That is be- ety of innovative programs supporting ideas. Together they represent re- cause it would pin the $2,100 scholar- private school choice. Private organi- directing about 35 billion Federal dol- ship to the blouse or the shirt of the zations in many parts of our country lars that are now being spent through a child, and it would follow that child to supplement these efforts. Scholarships series of programs and instead spend the school the child attends. For Kids, allowing $2,100 Federal schol- them in a way that better fits the age Allowing Federal dollars to follow arships to follow 11 million children, in which we find ourselves, an age in students to a school has been a success- would enable other school choice inno- which the best Federal investments ful strategy in American education for vations in the same way that devel- can be made in things that enable more than 70 years. Last year, $33 bil- opers rushed to provide applications for Americans to do things for ourselves to lion in Federal Pell Grants and $106 bil- the iPhone platform. make our lives better and happier and lion in Federal loans followed students Senator TIM SCOTT has proposed what safer and longer. to the public and private colleges of he calls the CHOICE Act. It would Let me talk first about Scholarships their choice. Since the GI bill began in allow 11 billion other Federal dollars for Kids. I ask unanimous consent that 1944, these vouchers—that is what they that the Federal Government now an article describing the bill be printed are—have helped to create a market- spends through programs for children following my remarks. place of about 6,000 autonomous insti- with disabilities to follow these 6 mil- The legislation that I am introducing tutions and a higher education system lion children to the schools their par- today would allow approximately 11 that is regarded by almost everyone as ents believe provide the best services. million new Federal scholarships to the best in the world. So there might be a child in Ten- follow low-income children to any Our elementary and secondary edu- nessee or Wisconsin or South Carolina school their parents choose as long as cation system is not the best in the who is eligible for both—the Scholar- it is accredited. It is not a Federal world. U.S. 15-year-olds rank 28th in ship For Kids, because he or she comes mandate. It would enable States to cre- science and 36th in math. I believe one from a family that fits the Federal pov- ate those choice options. But it would reason for this is that more than 93 erty definition. So there is $2,100. Then, mean about a $2,100 scholarship of Fed- percent of the dollars that we spend if that child is also disabled, the child eral dollars on top of the money that through the Federal Government for might be eligible for a scholarship States already spend on elementary higher education follows students to under the CHOICE Act of several thou- and secondary education for each child. sand dollars. That would then be in ad- The State of Tennessee, for example, the colleges of their choice, but Fed- dition to the amount of money that spends nearly $8,000 per child on public eral dollars do not automatically fol- South Carolina, let’s say, spends on elementary and secondary education. low students to the elementary or sec- education per child, which is in the This would be providing a $2,100 schol- ondary school of their choice. Instead, with our elementary schools neighborhood of $9,000. arship to the one-fifth of students who So to take the case of Tennessee are low income and allowing that and our middle schools and our high again, $8,000 or so for the State, $2,100 money to follow them to the school schools, money is sent directly to the more Federal dollars through Scholar- they attend. schools. Local government monopolies Our country is united, not by race, run most of those schools. They tell ship For Kids, a few more thousand but by a set of principles upon which most students exactly which school to dollars, depending upon circumstances, we agree. One of the most important of attend. There is little choice and no K- for the scholarship under Senator these is the principle of equal oppor- through-12 marketplace as there is in SCOTT’s proposal, and you have a sig- tunity. For me, equal opportunity higher education. Again, in higher edu- nificant amount of money that a par- means creating an environment where cation, you have 6,000 autonomous in- ent could use to follow a child to the the largest number of people can begin stitutions. You have generous amounts school that helps that child succeed. at the same starting line. I believe this of Federal dollars. They can follow you Especially in the case of children is a real answer to the inequality in to the college or university of your with disabilities, that seems to make America that we hear so much about, choice, whether it is public or private so much good sense to me. Senator giving children more opportunity to at- or nonprofit or for-profit, as long as it SCOTT tells a poignant story of a young tend a better school. is accredited. So students may go to girl in South Carolina who was in a The Scholarships for Kids Act will Harvard, Yeshiva or Notre Dame, or to kindergarten. She has Down syndrome. cost $24 billion a year. It will be paid Nashville’s Auto Diesel College or to She was in a kindergarten that helped for by redirecting about 41 percent of the University of Tennessee or to the her succeed. But then her parents all the dollars we now directly spend community college nearby. The former moved. They had to fight for a year to on Federal elementary and secondary Librarian of Congress, Daniel Boorstin, get her new school to treat her in a education programs. About 90 percent often wrote that American creativity mainstream way. Then they realized of all of the spending on our elemen- has flourished during ‘‘fertile verges,’’ that the school they had been fighting tary and secondary schools is State times when Americans became more for a year was the one they were count- and local spending, and about 10 per- self-aware and creative. ing on. cent is Federal spending. This is 41 per- In his book, ‘‘Breakout,’’ Newt Ging- Why not let that family take the cent of that 10 percent. rich argues that society is on the edge $13,000, $14,000, $15,000 or $16,000 for that It includes all of the money the Fed- of such an era, the Internet age, an age child with Down syndrome, pick a eral Government spends on elementary where everything will change, like ev- school that treasures that child, and and secondary education except money erything changed at the time of the let the money follow the child to the for children with disabilities—and Sen- new internal combustion engine. school the child attends. ator SCOTT’s legislation addresses that. Newt Gingrich in his book cites com- So a student with a disability and It does not touch the Student School puter handbook writer Tim O’Reilly for from a low-income family would ben- Lunch Program. It does not affect Fed- his suggestion about how the Internet efit under both programs. As I said eral research in education, and it does could transform government. Here is when I began my remarks, taken to- not affect Impact Aid. how Tim O’Reilly says we ought to do gether with Senator SCOTT’s proposal, The whole purpose of Federal aid to our job as we try to help use the gov- Scholarship For Kids constitutes the elementary and secondary education is ernment to help Americans during this most ambitious proposal ever to use to help low-income students. But un- period of time: existing Federal dollars to enable fortunately, often the Federal dollars The best way for government to operate is States to expand school choice. are diverted to schools with wealthier to figure out what kinds of things are Importantly, this is not a Federal students. The left and the right both enablers of society and make investments in mandate. Washington is full of politi- have noticed this and would like to those things. The same way that Apple fig- cians who fly an hour or an hour and a change it. ured out, ‘‘If we turn the IPhone into a plat- half from their home town, and they

VerDate Mar 15 2010 02:06 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.026 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S507 get here and think they have suddenly proposal for school choice was from jobs, more job training, and more gotten smarter. They have a good idea Ted Sizer, then Harvard University’s choices for low-income parents of bet- and they say: Oh, let’s apply that in education dean. He suggested a $5,000 ter schools for their children so they Wisconsin and in Tennessee and in scholarship in his poor children’s bill of can get a better job. South Carolina. I try not to do that. I rights. That $5,000 scholarship would be Instead of a higher minimum wage, am a very strong believer, for example, worth two or three times as much which actually reduces the number of in teacher evaluations. I led the fight today. jobs, we would liberate the free enter- for teacher evaluations as Governor of In 1992, when I was the U.S. Sec- prise system of the wet blanket of Tennessee 30 years ago. We were the retary of Education, President George ObamaCare, other Obama rules and first State to do it. When I came to H. W. Bush proposed a GI bill for kids, regulations, and create many more jobs Washington people said: Well then, you a $1⁄2 billion Federal pilot program for with good wages. Instead of more com- will want to make everybody do that? States creating school choice opportu- pensation for long-term unemploy- My answer was no, I will not. States nities. Yet despite its success in higher ment, we would say let’s have more job have the opportunity to be right, and education, and despite the fact that it training so they can take one of these they have the opportunity to be wrong. has had powerful advocates on both the good new jobs we propose to create. The last thing Tennessee needs is the left and the right, the word ‘‘voucher’’ Then, instead of directing the money Federal Government peering over the remains a bad word among most of the to a model that hasn’t worked as well shoulders of communities and school kindergarten-through-12th-grade edu- over the last 70 years, let us take the districts and legislators and governors cation establishment, and the idea has Federal dollars we are now spending on and school boards who are trying to not spread widely. Equal opportunity elementary and secondary education work out the very difficult problem of in America should mean that everyone, and let them follow low-income chil- teacher evaluations. It is the holy grail as much as possible, has the same dren and disabled children to the of education reform as far as I am con- starting line. schools of their parents’ choice, So cerned, but it should not be mandated During this week celebrating school they have an opportunity to go to a from Washington. I very much believe choice, there would be no better way to better school, just as children who in school choice, but it should not be help children move up from the back of aren’t disabled and with parents who mandated from Washington. So under the line than by allowing States to use have more money do. Scholarships For Kids, States still Federal dollars to create 11 million op- We will be arguing that a better would govern pupil assignments, decid- portunities to choose a better school. agenda for income equality to realize ing, for example, whether parents could STATE OF THE NATION the American dream, to help Ameri- choose private schools. If I may conclude with a word about cans move from the back to the front When I was Secretary of Education the context in which we find ourselves of the line, is more jobs, more job op- years ago, Milwaukee was in the midst today, Senator SCOTT and I made our portunities, and more choices of better of a major program to try to give low- remarks today at American Enterprise schools for low-income children. That income parents more choice of schools, Institute. I am speaking on the floor of agenda is especially right for the age including private schools. So along the Senate on a very important day in we are in. with President George H. W. Bush, we our country’s history. It is not only I mentioned the discussion Daniel proposed what we called a GI bill for National School Choice Week, but it is Boorstin had about America’s fertile kids to allow Milwaukee and Wisconsin the day the President of the United verges, Newt Gingrich’s new book, and to do it if it wished to do it. But it did States makes his annual state of the the suggestion by the computer pro- not impose what we thought was a Union address. Every President has grammer that the best way for govern- good idea from Washington. Under done that except two—as the Senate ment to operate is not with Wash- Scholarship For Kids, schools that par- historian told us today—and those two ington mandates or Washington pro- ents chose for their child with their died before it was time to make the ad- grams but to spend money on things $2,100 scholarship would have to be ac- dress, so it is a tradition that goes that enable each of us as Americans to credited. Federal civil rights rules back to the beginning of the country. do things for ourselves—to live a would apply. My proposal does not af- We will all go over to the House of Rep- happier life, to live a better life, to live fect school lunches. There also is an resentatives, listen carefully, and the a wealthier life, to live a safer life. independent evaluation after 5 years so country will watch to listen to what I hope in the remarks I have made that Congress can assess the effective- the President has to say. today that I have done that, because ness of the new tool for innovation. We are told the issue the President we have 70 years of experience with In remarks that Senator SCOTT and I will address is the one of income in- such programs in education. I would made this morning, the issue of private equality. If that is what he does, that argue there may be no more successful schools came up, which always does is certainly an appropriate issue for social program in American history when we talk about expanding school any American President. Because if than the GI bill for veterans. It began choice. But in this case, we are not equal opportunity is central to the 70 years ago in 1944. It did not send necessarily talking about private American character, so is the idea of money to the University of Chicago, schools. Most schools are public the American dream, the idea that Tennessee, Michigan, and Harvard. It schools. I would assume that most of anything is possible, that anyone can followed the soldier, the airman, and these $2,100 scholarships would follow go from the back to the front of the the Navy veteran to the college of his students to the school they attend, line with hard work; and equal oppor- or her choice. We began that practice which would be a public school. tunity, therefore, helps to create a in 1944. We continue it with the Pell So if a State chose to create a pro- starting line from which we move. grants today. We continue it with the gram whereby its low-income citizens If the President makes that proposal, student loans today. Why should we could choose a private school, as long I think we know the kind of agenda we not follow it with the Federal dollars as it was accredited, that would be ap- are likely to hear. It will have to do we spend for elementary and secondary propriate under the law. Why shouldn’t with a higher minimum wage that education? a low-income family have the same op- would actually cost jobs. It will have If Federal dollars following students portunities for a better school for its to do with more compensation for per- to the colleges of their choice helped to child that a wealthier family, who may petual unemployment. It will have to produce the finest higher education move to a different part of town or do with canceling more health insur- system in the world, why should we not may be able to afford a private school, ance policies, which is what allow States to try to create the best does? ObamaCare will be doing in 2014—much schools in the world for our children— The idea of allowing dollars to follow more so than it did in 2013. especially our low-income children? students to the school of their choice There is another agenda, another pic- I hope my colleagues on both sides of has not exclusively been an idea of the ture, another vision of how we can help the aisle will recognize this isn’t the left or of the right in our country. In the largest number of Americans real- proposal of the left or the right. I don’t the late 1960s, the most conspicuous ize the American dream; that is, more know many Democrats who want to get

VerDate Mar 15 2010 02:06 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.027 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE S508 CONGRESSIONAL RECORD — SENATE January 28, 2014 rid of Pell grants or student loans. out, Newt Gingrich argues that society is on care bill. I was sitting in the Chair yes- They are vouchers, pure and simple, the edge of such an era and cites computer terday when one of our colleagues, Sen- that have lasted for 70 years and may handbook writer Tim O’Reilly’s suggestion ator HATCH, came to the floor to talk be the most successful social program for how the Internet could transform govern- about a new proposal—I would prob- ment. we have. Why not allow States in this ‘‘The best way for government to operate,’’ ably argue the first proposal from Re- Internet age to take the Federal dol- O’Reilly says, ‘‘is to figure out what kinds of publicans in 1,406 days to actually talk lars we are already spending for low-in- things are enablers of society and make in- about what their vision—what Repub- come children and make sure the vestments in those things. The same way licans’ vision—for health care reform money gets directly to them—and for that Apple figured out, ‘If we turn the would be. This is just a framework, not disabled children, and make sure it iPhone into a platform, outside developers a bill, that has been suggested by our will bring hundreds of thousands of applica- goes to directly to them—and give colleagues, Senator HATCH and Senator tions to the table.’ ’’ their parents an opportunity to exer- Already 16 states have begun a variety of COBURN and Senator BURR. So I wanted cise the same kinds of decisions innovative programs supporting private to come to the floor to talk about the wealthier parents do? They would say: school choice. Private organizations supple- implications of this framework for af- What school would be the best school ment these efforts. Allowing $2,100 federal fordability and patient protections all for my child. scholarships to follow 11 million children across this country. Would that not be a way to help a would enable other school choice innova- First of all, I give some credit to our young American get a leg up on mov- tions, in the same way that developers colleagues because it has been 1,406 ing to the same starting line that chil- rushed to provide applications for the iPhone platform. days of complaints, of politics, of ob- dren from wealthier families have—and Sen. Tim Scott (R-S.C.) has proposed the fuscation, of obstruction. So for the maybe even a chance to move to the CHOICE Act, allowing 11 billion other dollars first time we are at least beginning to head of the line? the federal government now spends through see what the Republican vision is for I hope my colleagues and American the program for children with disabilities to the future of health care in this coun- people will take a good look at the follow those 6 million children to the schools try. Although we don’t have a bill—all Scholarships for Kids Act, and Senator their parents believe provide the best serv- we have at this point is a framework— ices. SCOTT’s CHOICE Act. Together they it is a pretty scary future because the constitute the most ambitious proposal A student who is both low income and has a disability would benefit under both pro- proposal from our Republican col- ever to use existing Federal dollars to grams. Especially when taken together with leagues would dramatically increase enable States, and to allow parents— Sen. Scott’s proposal, ‘‘Scholarships for the cost of health care for millions of especially low-income parents—to Kids’’ constitutes the most ambitious pro- Americans and would put the insurance choose a better school for their child. posal ever to use existing federal dollars to companies back in charge of our health There is no better way to create oppor- enable states to expand school choice. care. Under ‘‘Scholarships for Kids,’’ states still tunity in America. So for a few minutes I wish to talk in There being no objection, the mate- would govern pupil assignment, deciding, for real terms about what this proposal rial was ordered to be printed in the example, whether parents could choose pri- vate schools. Schools chosen would have to will actually do for health care in this RECORD, as follows: be accredited. Federal civil rights rules country. I only have a few minutes, so ″ 11 MILLION $2,100 ‘‘SCHOLARSHIPS FOR KIDS : would apply. The proposal does not affect it is hard to go through the litany of A REAL ANSWER TO INEQUALITY school lunches. So that Congress can assess backward steps we would take were we Today I am introducing legislation that the effectiveness of this new tool for innova- to adopt the proposal that has been would allow $2,100 federal scholarships to fol- tion, there is an independent evaluation low 11 million low-income children to any after five years. laid out by a couple of our very brave public or private accredited school of their In the late 1960s, Ted Sizer, then Harvard Republican colleagues. parents’ choice. University’s education dean, suggested a But the first thing it would do is it This is a real answer to inequality in $5,000 scholarship in his ‘‘Poor Children’s Bill would reinstate the fact that being a America: giving more children more oppor- of Rights.’’ In 1992, when I was U.S. edu- woman for decades in this country was tunity to attend a better school. cation secretary, President George H.W. considered to be a preexisting condi- The ‘‘Scholarships for Kids Act’’ will cost Bush proposed a ‘‘GI Bill for Kids,’’ a half- $24 billion a year—paid for by redirecting 41 billion-federal-dollar pilot program for tion. The health care reform bill says percent of the dollars now directly spent on states creating school choice opportunities. very simply there can be no difference federal K–12 education programs. Often these Yet, despite its success in higher education, in the amount of money one pays for dollars are diverted to wealthier schools. voucher remains a bad word among most of health care based on gender. The facts ‘‘Scholarships for Kids’’ would benefit only the K–12 educational establishment and the are plain: Women have historically children of families that fit the federal defi- idea has not spread widely. paid 50 percent more in terms of health nition of poverty, which is about one-fifth of Equal opportunity in America should mean care costs than men have across this all school children. that everyone has the same starting line. country; $1 billion more is the total Allowing federal dollars to follow students During this week celebrating school choice, has been a successful strategy in American there would be no better way to help chil- amount of money women have paid education for 70 years. Last year, $33 billion dren move up from the back of the line than more than men simply because insur- in federal Pell grants and $106 billion in by allowing states to use federal dollars to ance companies believe that being a loans followed students to public and private create 11 million new opportunities to choose woman is a preexisting condition. That colleges. Since the GI Bill began in 1944, a better school. is no longer the law of the land. Women these vouchers have helped create a market- Mr. ALEXANDER. I yield the floor. pay the same rate as men. There is no place of 6,000 autonomous higher education difference based on gender. But that institutions—the best in the world. HEALTH CARE REFORM Our elementary and secondary education Mr. MURPHY. Madam President, it would be eliminated by this plan. Once system is not the best in the world. U.S. 15- has been 1,406 days since the President again, being a woman could be consid- year olds rank 28th in science and 36th in signed into law the Affordable Care ered a preexisting condition. math. I believe one reason for this is that Act. Since that time, about 10 million Second, annual limits on the ability while more than 93 percent of federal dollars Americans who have not had access to to recoup the cost of your health care spent for higher education follow students to from your insurance company would be colleges of their choice, federal dollars do affordable insurance have gotten it and not automatically follow K–12 students to patients have been reempowered, along reimposed. The health care bill says: schools of their choice. with their doctors, to take control of Listen. It isn’t fair that you buy an in- Instead, money is sent directly to schools. their own health care, taking power surance policy, and when you get very Local government monopolies run most away from the insurance company sick, you are told at some point mid- schools and tell most students which school which had run our medical lives for too way through the year your insurance is to attend. There is little choice and no K–12 long. up. That is not real insurance. The idea marketplace as there is in higher education. The Presiding Officer and I lived of insurance is that we all pool our Former Librarian of Congress Daniel Boorstin often wrote that American cre- through dozens of votes in the House of risks together, and then if one of us, ativity has flourished during ‘‘fertile Representatives to repeal the bill, as through no fault of our own, gets sick, verges,’’ times when citizens became more the Senate saw as well, but absolutely we actually get those insurance bills self-aware and creative. In his book Break- no genuine effort to replace the health paid.

VerDate Mar 15 2010 03:04 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.028 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S509 The Affordable Care Act says there the poverty level is pretty measly in millions of Americans were left out of can’t be any more of those annual lim- this country. If someone is making 300 the rolls and the ranks of those who its, but the proposal from our Repub- percent of the poverty level, they are are insured and insurance companies lican friends says that annual limits making $34,000 a year. I don’t know dictated the day-to-day, week-to-week, can come back from insurance compa- about the State of the Presiding Offi- and month-to-month health care that nies. To someone such as Debra Gauvin cer, but in Connecticut it is hard to put is so critical to the lives of middle- from Connecticut, who had a $20,000 food on the table on a consistent basis class families. limit and who was diagnosed with at $34,000 a year. Then to have no help I yield the floor. stage II breast cancer and hit her limit from the government to buy insurance The PRESIDING OFFICER. The Sen- about halfway through the year and essentially means we will have a huge ator from Wyoming. then incurred about $18,000 of addi- class of people making $30,000 to $40,000 THE ECONOMY tional costs, causing her to basically a year who under the Affordable Care Mr. BARRASSO. Madam President, forgo treatment, that was a painful re- Act are getting helped by insurance tonight President Obama is going to ality of an insurance plan not deliv- but whom under this alternative plan deliver his State of the Union Address. ering on insurance simply because she will get no help. It will be in front of Congress and the got so sick she had big costs. That But here is how it is even worse. The TV cameras, and he will be talking to would once again be the reality. The Republican alternative we have seen the American people as well. He and Republican plan would once again this framework on says that one of the his advisers are probably working right ways we are going to pay for this is by allow for annual limits. now on some last-minute sound bites Our friends talk about the fact that taxing people for the health care they and applause lines. But I would say, in- are getting. Right now, if someone gets they address the issue of preexisting stead of that, they should be working health care coverage through their em- conditions, but they don’t. They truly on an agenda that actually helps unem- ployer, which 150 million Americans don’t. Because all their plan says is ployed Americans, an agenda that will do, they get to essentially exclude that that if you switch plans and you have get our economy back on track. no gap, the new plan has to cover what- money from taxation. They get those The President doesn’t have very ever illness you may have. But that is benefits in pretax dollars. The Repub- many big opportunities left to do this. not how life works. There are 89 mil- licans have said: Well, we are going to He is quickly becoming a lameduck lion Americans, in an average year, allow that to happen but only for about President. The President is going to be- who have at least a 1-month gap in cov- 65 percent of your benefit. So just come a lameduck even faster if he erage. That 1-month gap in coverage under half of your health care is now comes to the Capitol tonight and deliv- under the Republican plan—the one going to be taxable. That is a massive ers a lengthy speech that just attacks shown to us in a basic framework— tax increase on the people of this coun- Republicans. try. would allow for preexisting condition The economic recession ended 41⁄2 We can debate whether there is pol- discrimination to once again be the years ago. Many Americans have still icy wisdom in limiting the tax exclu- law. not seen their careers or their finances sion of health care, but let us just Betty Berger, one of my constitu- or their quality of life improve. That is admit that if you are going to fund ents, had insurance her entire life ex- what Americans are looking for. Unfor- your proposal based on eliminating the cept for basically about a 1- or 2-month tunately, they haven’t found it because tax exclusion of employer-sponsored period of time where her husband was of the Obama economy. That is what benefits to employees, then you are switching jobs. During that time, their dramatically raising taxes on middle- the Obama economy has done to Amer- son was diagnosed with cancer. The class Americans all across this coun- icans. Millions of Americans have actually, new insurance company at her hus- try. band’s new employer wouldn’t cover So while I give a lot of credit to the regrettably, given up looking for work. the preexisting condition, and the Senators who have put this framework They are falling further and further be- Bergers lost everything. They lost out there, because it is the first time hind, further and further away from their home, they lost their savings, and we have seen any alternative, it is a achieving the dreams they have had. Is their lives were financially ruined. pretty miserable alternative for con- the President going to tell those people The Affordable Care Act ends that sumers all across this country who he has no new ideas about how to actu- nightmare for families. Fifty percent have finally for the first time, because ally help them? of bankruptcies in this country are of the Affordable Care Act, gotten ac- President Obama is failing. He is fail- caused by medical debt. The Repub- cess to affordable insurance and for ing to make it easier for the American lican plan does not fix the preexisting countless more Americans who have economy to recover and he is failing to condition discrimination. All it says is, been insured and who finally feel as help Americans who desperately want if you don’t have any change, any gap though all of the tricks and the gim- to work. He is failing because he is fo- in your coverage, then the new insur- micks they have seen from insurance cused on things such as extending ance company has to cover your pre- companies, such as excluding people emergency unemployment benefits and existing condition. But for millions of from coverage because of a preexisting raising the minimum wage. While an families that is not how life works. condition or putting an annual limit on unemployment check can be a vital Lastly, although the Republican plan their coverage, that those days are safety net for families, it is not a long- does acknowledge the basic underlying over. term solution for what is becoming a wisdom of the Affordable Care Act is So as we go into the debate about the part-time economy under President right, in that the best way to get cov- effective implementation of the Afford- Obama. erage to people is to give them a tax able Care Act and as we talk about Tonight the President can deliver yet credit with which to go buy private in- these alternatives that are now being another partisan political speech—he surance—that is the foundation of the promoted, it is important we do that may get a standing ovation here and Affordable Care Act, and the Repub- with eyes wide open. Nobody on our there from the most liberal side of the lican alternative that our colleagues side of the aisle who supported the aisle—or he can do what he should do introduced basically adopts that as health care bill is going to tell you it as President: focus on solutions with their framework for expanding cov- is perfect. No one on our side of the proven bipartisan support. erage as well—it is at a much lesser aisle is going to defend every step of The President has made a point of subsidy rate, with much greater tax the implementation, but it is changing saying lately that 2014 will be, as he consequences to Americans than the the lives of millions of Americans. It is calls it, a year of action. He said he in- Affordable Care Act has in it. reducing the overall health care ex- tends to act on his own, without wait- For instance, the Republican alter- penditure of this government, and it is ing for Congress. I believe that would native says, if you hit 300 percent of putting Americans back in charge of be the wrong course. President Obama the poverty level, that is it, no more their health care. has had trouble getting some of his subsidy. Well, 300 percent sounds like a Now is not the time to be discussing policies through Congress, and the lot. Three hundred is a big number. But going back to the good old days when main reason is the American people do

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How about people who were We have had too much of the Presi- go visit four States: Maryland, Penn- charged with implementing the poli- dent’s politics of division. sylvania, Wisconsin, and then Ten- cies of the administration, whether it The politics of division is hurting the nessee—four States, eight U.S. Sen- is the Web site contractor or whom- economy and it is hurting the country. ators. When we take a look at who ever. The Web site contractor finally Democrats and Republicans on Capitol they are, four are Republicans, four are did get fired and a new one hired, so I Hill already agree on ideas to get Democrats. All 8 of them—4 Democrats assume that sooner or later the Web America and Americans back to work. and 4 Republicans—were part of the 79 site will actually work as advertised. There are many policies that Presi- Members of this body who voted to re- But that still leaves us with the flaws dent Obama can talk about in his peal the medical device tax. in the underlying policy, which will speech tonight that will not require When the President’s spokesman the not work. The American people under- him to go around Congress but, rather, other day on Sunday’s TV shows said stand that and they are looking to to come to Congress. I would like to the President is going to use his phone Washington for help, saying please de- suggest three of them that he should and his pen, I would say he ought to liver us from this epic failure which is announce tonight. use the phone to call the eight Sen- not what we were promised. In the First is the Keystone XL Pipeline. ators to say: I am going to use my pen, event there is not a response to that The President should say he will stop after you vote to repeal the medical de- that they deem credible, I promise blocking construction of the Keystone vice tax, to sign that into law. That is there will be an accounting come No- XL Pipeline. His own State Depart- something which would show biparti- vember 2014. ment says that the pipeline construc- sanship on the part of the President as The President said repeatedly that tion could support over 42,000 jobs well as really help with our economy. under his signature health care law, if across the country, and a bipartisan Nearly 21 million Americans are out you liked the coverage you had you group of 62 Senators, 62 Members of of work or they are trapped in part- could keep it. Public opinion polls then this body, backs the project. Early in time jobs. It is time for President showed that roughly 90 percent of the 2013 President Obama met with Senate Obama to talk less about divisive ways American people liked their health Republicans. He told us we would have to redistribute Americans’ prosperity care coverage. Why in the world did we an answer about the pipeline by the and more about helping all Americans undermine or did ObamaCare under- end of the year. That was 2013. The increase their own prosperity. America mine the existing coverage people liked year has come, gone, and the Keystone is a strong and resilient nation. We can just in order to cover more people, XL Pipeline approval is still sitting on which in fact it did not do. We know the President’s desk. The American overcome the Obama economy, and we people deserve an answer, and the an- will. We can overcome—and we will— ObamaCare has forced millions of swer should be yes. the bad policies of this administration. Americans to lose their preferred cov- Second, the President really should The President should come tonight to erage, the coverage they said they address his reckless Environmental the Capitol and say he is willing to liked back in 2009. The President re- Protection Agency—the EPA—and how help Americans return to prosperity. peatedly said ObamaCare will reduce its regulations are putting Americans If the President announces these your premiums, make them lower—for out of work. Recently the EPA released three policies tonight, the country and a family of 4, about $2,500. The stories new requirements for powerplants. The the economy will benefit and a bipar- we see, day after day, of American citi- requirements are unachievable and tisan group of Republicans and Demo- zens signing up on the health care ex- they are unnecessary. Ironically, the crats will all be able to stand and ap- changes is just the opposite. They are EPA did this on the exact same day as plaud. experiencing premium shock, and the the 50th anniversary of the start of the I yield the floor. fact is it is going to continue to get war on poverty declared by LBJ. These The PRESIDING OFFICER (Mr. nothing but worse as people realize harsh new regulations are going to MANCHIN.) The Republican whip. that the ones who are signing up for cause energy costs to go up, and they Mr. CORNYN. Mr. President, I would ObamaCare are older, sicker Americans are going to cause people to lose their also like to address the matter of the and that young healthy Americans are jobs as coal plants are forced to close. President’s State of the Union speech simply taking a pass, saying I cannot The job losses and higher prices are tonight. I am sure that, as has been the afford it and if I have a problem I will going to fall most heavily on people rule, President Obama will make an el- take care of it later. struggling in Appalachia and across oquent speech. He is very good at that. Premiums are going to continue to coal country. Higher energy costs There is just one problem: The Presi- skyrocket, and Americans who are clearly hurt our economy. The Presi- dent’s credibility has been shattered. looking for more affordable health care dent must sensibly rein in his EPA be- Indeed, on issue after issue we see a coverage will find out that indeed it fore it does even more economic dam- massive gap between his rhetoric and has been priced beyond their ability to age. the reality. You might say that the pay. Third, the President should support two biggest challenges the President Here is the rub. The President said— bipartisan efforts to repeal his medical faces tonight are those two challenges. and I think this was the implicit, un- device tax. This is a destructive tax, One is to his credibility, and the other derlying promise of ObamaCare: If you and it was part of the health care law. is to his competence and the com- pass ObamaCare, Congress, everybody It has been estimated by some that the petence of the Federal Government, ac- will have coverage. We will have uni- tax puts thousands of American jobs at tually, to be able to deliver on the versal coverage. The Congressional risk because it helps to push manufac- promises it makes. Budget Office has projected that turing overseas. An amendment to re- The most obvious example is the ObamaCare, even if it were imple- peal that medical device tax passed health care law, which we have heard a mented to perfection, exactly as the right here in the Senate last year with lot about and will continue to hear a proponents and the President had ex- a bipartisan vote of 79 to 20. With all lot about in this ensuing year. I was pected, it would still leave 30 million the changes President Obama has made visiting with one health insurance people uninsured—30 million people un- to his health care law, it is barely rec- company executive who told me that insured. ognizable. Repealing this tax would be basically the bad news is going to con- The President said this new law a change that actually helps Ameri- tinue to unroll and unravel over the would bring a greater sense of cer- cans and not just the President’s poll coming months. There will be nowhere tainty to the U.S. health care system. numbers. to hide. Instead, we see one of the credit rating There are many things the President Perhaps what people want most from agencies actually slashing the credit can talk about tonight that have this Washington, DC, is accountability. I rating of America’s health insurers,

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We all learned in high school your health information that is pro- and national debt. That is the reason about the checks and balances of the tected already by Federal law—if you we now have a national debt in excess three coequal branches of government. plug it into the ObamaCare Web site it of $17 trillion. The President can’t spend a penny is going to be safe and secure. Cyber That is more than any of us can pos- without Congress appropriating the experts have testified, particularly in sibly conceive. When President Obama money. the House of Representatives, that the became President, the national debt If we take him at his word, and he security of the Web site is worse today was about $10 trillion. That is bad really wants to do something about the than it was several months ago. There enough. But in the last 5 years it has economy and reduce our dependence on is no guarantee that if you put your gone up $6.6 trillion—or more than $6.6 imported oil from dangerous sources personal information, your private in- trillion. It is no coincidence that he abroad, he could use that pen he talked formation, your confidential informa- has presided over the weakest recovery about to authorize the Canadian-Amer- tion into the Web site, it is going to be and highest unemployment since the ican connection of the Keystone XL protected. Great Depression back in the 1930s. Pipeline. You would then see a lot of President Obama has this very Here is the real surprise: I remember the oil and energy produced in Canada, strange idea that the best way to get when Secretary Sebelius appeared be- which is combined with the energy the economy going is to raise taxes and fore the Senate Finance Committee added to that pipeline, make its way spend more money. It is just not work- just a couple of months ago. I asked down to southeast Texas where the re- ing. As a matter of fact, we have great her about the navigator program. You fineries will turn it into gasoline and debates in Congress about the role and remember, the navigator program was jet fuel, and in the process create thou- the size of the Federal Government. supposed to get people to help you sign But perhaps the best example of why sands of new jobs. up for ObamaCare. I said: There is no Rather than using that pen to put big government does not work has been background check, is there, to be a people back to work and make sure the lousy economy, the slow economic that we have safe sources of energy, his navigator. growth, the high unemployment, and She said no. administration is working behind the the number of people who have actu- I asked: So is it possible that a con- scenes to kill the Keystone XL Pipe- ally dropped out of the workforce. victed felon could be a navigator, The Bureau of Labor Statistics has line. Politics is the only explanation. somebody you are giving your personal this figure that it calculates. It is The President should not be sur- information to, to help you sign up for called the labor participation rate. You prised at what this Wall Street Journal ObamaCare? can Google Bureau of Labor Statistics poll showed this morning—that most of To her credit she said, in all candor: or labor participation rate. That will the voters disapprove of how he han- Yes; that is possible. show you that the percentage of people dled the economy. Likewise, he should I nearly fell out of my chair. between the ages of 25 and 54 who are not be surprised that trust in the Fed- ObamaCare’s broken promises have actively engaged and looking for work eral Government has also fallen to his- caused enormous pain and anxiety in is lower today than it was at the height toric lows; that is the credibility prob- millions of Americans in Texas and all of the recession in 2008. Another 347,000 lem. You can’t promise the Sun and around the country. We see from the people dropped out of the workforce in the Moon and deliver squat and expect Wall Street Journal poll that came out December alone. people to trust you next time when you this morning, which had to be a wake- I know when we look at the unem- make another promise. up call to the administration and its ployment rates that are released from Then there is this. The Obama ad- allies, the American people are anx- time to time, we see the rate coming ministration has repeatedly ignored or ious, they are dissatisfied, they are down a little bit, and we say: That is waived laws that prove inconvenient— wondering what has gone so terribly great. The unemployment rate is com- from ObamaCare to immigration to wrong in Washington, DC, and ing down. The problem is that in De- welfare reform to education, energy, ObamaCare is exhibit 1. That is why we cember alone almost 350,000 people quit and drug policy. are committed on this side of the aisle looking for work. They gave up. We One of the most frequent questions to working with our colleagues, when know that nearly 4 million people who my constituents ask me back home in they are ready to talk to us, and to re- are still looking for work have been Texas is: How can the President do placing ObamaCare with patient-cen- out of a job for more than 6 months. that? I thought we were a Nation that tered alternatives that will actually That is not an economy to be proud of. believed in the rule of law, that the law bring down the cost and make it more Let me just contrast that with what applied to everybody in America no affordable. happened in the 1980s during the matter how humble your station in life What better way to get more people Reagan recovery. Typically, what or how exalted—whether you are the covered than to make it more afford- economists will tell you is that when commander in chief. I guess we have to able and to make sure government does we have a recession, it is sort of a V revisit that when the President picks not make these private decisions for us shape. So when it hits bottom, it actu- and chooses which laws he wants to en- and our family when it comes to health ally bounces up pretty quickly because force. Of course, Congress can pass care but that we, families, get to make there is nothing but the upside left to laws. That is what Congress does. that decision in consultation with go. Yet this recession has been more of The executive branch is the one that their family doctor. a U shape. In other words, we hit bot- is supposed to enforce the law. So un- When you begin to scrape the sur- tom, and we are still bouncing along less someone files a lawsuit—not Eric face, the President’s problem of credi- the bottom. We haven’t seen the kind Holder in the Department of Justice, bility and competence—those are the of economic growth that we need to get one of the most politicized Depart- two crises he confronts tonight as he people back to work, to grow our econ- ments of Justice I can even remember. addresses the Nation—all we have to omy, and to get our budget balanced. I When some private organization or in- do, beyond ObamaCare, is look at what think the reason for that is some of the dividual—such as the one who recently is happening in the economy. After very policies I talked about a moment challenged the contraception mandate raising taxes $1.7 trillion, that was ago. It is due to the same misguided in ObamaCare that was recently stayed about 1 year ago, during the time policies that the President has advo- by the Supreme Court of the United President Obama has been President of cated and will no doubt talk about States—or some association or busi- the United States, the national debt again tonight in his State of the Union ness files a lawsuit that culminates in has gone up $6.6 trillion. But my Address. a judgment of a court years later, but

VerDate Mar 15 2010 02:06 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.023 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE S512 CONGRESSIONAL RECORD — SENATE January 28, 2014 for that, there really isn’t much of a petitive advantage economically, mor- is not too late to change. His own check on President Obama. But that ally, and otherwise, but it is being un- record is what has destroyed his credi- can change, and the voters know how dermined. bility, as well as caused people to ques- to do it: By changing who is in charge Republicans are not the only ones tion his competence and the Federal in the Senate in November. that are worried about the President’s Government’s ability to actually de- Here is another place where the willingness to bypass the normal legis- liver on the extravagant promises he President overreached and recently had lative process. Yesterday my colleague has made time and time again. his hands slapped by the courts. This from Maine, a Democratic caucus I yield the floor and suggest the ab- had to do with his claimed authority to member, urged the White House not to sence of a quorum. do another end run around Congress to treat Congress as—what he called—an The PRESIDING OFFICER. The make recessed appointments. We all afterthought. clerk will call the roll. know that under the Constitution the In that spirit, I would like to remind The assistant legislative clerk pro- advise and consent function of the Sen- the President of something he said just ceeded to call the roll. ate is to act on the President’s nomi- a few months ago. He said: The PRESIDING OFFICER. The Sen- nees and to vote to confirm them or ator from Illinois. We’ve got this Constitution; we’ve got this Mr. DURBIN. Mr. President, I ask not. Again, in a case of the President whole thing about separation of powers. So trying to go it alone, the court of ap- there is no shortcut to politics, and there’s unanimous consent that the order for peals slapped down his attempt to do no shortcut to democracy. the quorum call be rescinded. The PRESIDING OFFICER. Without this end run around the Constitution That is what the President of the objection, it is so ordered. and the advise and consent rule of the United States said just a few months Mr. DURBIN. Mr. President, I grew Senate. But that didn’t stop him. Now ago. Yet now he is claiming: I have a up in East Saint Louis, IL, on the he is threatening to take even more phone, I have a pen, and I’m going to banks of the Mississippi River. As a unilateral action: I have my phone, I go it alone. I would like to remind him child, it was a dominant feature in my have a pen—he is ready to do it again. of something he also said back in 2006, life—crossing that river, watching that That is not how the Federal Govern- which is very similar. He said: river. It didn’t take long as I grew up ment is supposed to operate. The Founders designed this system, as to realize that that river has a mind of For example, after the President frustrating as it is, to make sure that there’s its own. made these unconstitutional recess ap- a broad consensus before the country moves Last year, because of drought condi- forward. pointments, the DC Circuit of Appeals tions in the Midwest, the Mississippi ruled on them and said: If the Presi- I couldn’t agree more with the River was so low in January and Feb- dent’s claim to make that appointment Barack Obama of 2006 or the Barack ruary of 2013 that the Army Corps of would be upheld, it would ‘‘eviscerate Obama of a few months ago, but I Engineers had to come out on an emer- the Constitution’s separation of pow- couldn’t disagree more with President gency basis and literally scour the bot- ers’’—the three coequal branches of Barack Obama of today who somehow tom of the river of rock formation so government, checks and balances. has this fantasy—it is nothing better that navigation could continue. We What could be more fundamental to than a fantasy—that somehow he can were worried that we would have to our form of government? The court of rise above Congress and the Constitu- shut down this major economic artery appeals said that if they upheld the tion and the separation of powers and in the Midwest because the river was so President’s claimed power to make don the robe of a virtual dictator, force low. The Army did a great job. The those appointments, it would ‘‘evis- new laws down our throat or force the navigation continued with only slight cerate the Constitution’s separation of country in a direction that it doesn’t delays and no major interruptions. powers.’’ want to go. It is a fantasy. It ain’t Within 60 to 90 days, that same river We know how important the role of gonna happen. was at flood stage. That is what those checks and balances is in our form of Yet on issue after issue the President of us who grew up in the Midwest come government and in our democracy. In- still likes to tell the American people to expect and understand—the unpre- deed, our democracy would not be able that he can move forward without any dictability of that river. As we grew up to survive without them. The people regard to consensus or constitutional and started to look around, we realized who founded this great country knew checks and balances. It is a terrible there were bluffs behind us that at one that the greatest threat to their free- mistake, and I wish he would recon- point were the banks of this great river dom and their individual liberties and sider. and that we were living in the flood their most basic rights was the con- In addition to its assault on the sepa- plain, if you will—that area close to centration of power, so that is why ration of powers, this administration the river that once was totally under they separated power at the Federal has targeted other enemies, such as its water, way back when. and State level in the Tenth Amend- intrusive monitoring of journalists’ So there were flooding episodes, as ment, but they also separated the phone records. It has attempted to most communities went through, and power at the Federal level between the shake down private companies to get efforts made to deal with that flooding, judicial, executive, and the legislative them to fund ObamaCare. It has fos- including the building of levees. Those branches. Yet this President and his tered a culture of intimidation and levees, for the most part, on the Illi- administration have shown repeated punished whistleblowers. There have nois side of the river have been reli- contempt for the checks and balances been scandals from Benghazi to Fast able. Some have questioned whether that are so essential to our form of and Furious and those responsible for they can meet 500-year standards or government. the attempt to intimidate the Amer- these epic floods, and I think the ques- I have said many times that no Presi- ican people—or some part of the Amer- tion is well worth asking. But the fact dent has the authority to disregard or ican people—from participating in the is that the efforts made on the Illinois selectively enforce the law based on po- political process through the IRS scan- side—I can’t speak for others, but at litical expediency. If he or she can, dal. least in that region—have really been then we are nothing better than a ba- We know this administration has re- up to the task and we have not had se- nana republic. We are no longer a Na- peatedly obstructed the investigations rious flooding in a long time in that tion that believes in the rule of law, and refused to cooperate with the in- part of the world. which has really been the competitive quiries that would bring the facts out Because of concerns raised by the edge that this country has had over into the light of day so we can all know Army Corps of Engineers about wheth- other countries. People know if you what happened, make sure that those er these levees that protect the towns come and do business in the United responsible are held accountable and, and businesses and families were up to States, you are going to have access to more importantly, make sure it never the job, something remarkable oc- the courts, your contracts are going to happens again. curred. Leaders who lived in the coun- be enforced, and the laws that are writ- I am confident that this is not the ties—and I will be more specific in a ten will actually be enforced by an im- record President Obama will talk about moment—closest to that area got to- partial judiciary. That gives us a com- tonight. Although this is his record, it gether and said, We are not going to

VerDate Mar 15 2010 02:06 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.024 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S513 wait on the Federal Government. We ance Program policyholders there have taken the initiative to help protect are going to impose a tax on ourselves their premiums subsidized. This meant themselves from the risk of flooding, and raise tens of millions of dollars to that instead of paying $500 a year, they because not every community is en- start fortifying these levees to protect were paying about $150. It made it gaged as directly with this threat as our towns and businesses. I don’t know more affordable to them. However, the they have been. My constituents in if that has ever happened anywhere new increases that are anticipated this part of the country, for the most else. We have to salute them. They could be as much as 400 percent. part, cannot afford to buy flood insur- weren’t waiting for Uncle Sam to show In Granite City, IL, policyholders ance at the new levels and the new up and ride to the rescue; they took it paid $585 last year for flood insurance, rates. into their own hands. Well, I salute but with the new increases, the pre- I agree with the effort underway by them because they did raise the money miums are expected to rise to $1,500 or Senators MENENDEZ, ISAKSON, LAN- and they are prepared and they are for- even $2,000 a year. For some people, DRIEU, and others to slow down these tifying those levees. $2,000 a year may not sound like a sac- increases, and that is why I am sup- I love the Army Corps of Engineers. rifice. But for hard-working families in porting their effort. But we need to do They came to our rescue last year. But small homes they have worked hard to this with our eyes wide open. The Na- the locals have asked the Army Corps buy and build, another $2,000 a year can tional Flood Insurance Program is not of Engineers to come in and certify make some real impact on their lives. going to keep up with the costs of re- these levees, that they are stronger Additionally, 30,000 new structures in covery from severe weather events that now than they ever were, and the Army Metro East could be newly mapped into we see on the horizon. Corps has been slow to do it. It is frus- a flood plain when FEMA finally final- The National Flood Insurance Pro- trating. The locals are doing every- izes its flood maps. These homeowners gram provides nearly 6 million business thing we could ask of them and they could end up paying $500 to $2,000 a owners, homeowners, and renters $1.2 aren’t getting at least a timely re- year for flood insurance. Allowing their trillion in coverage. The problem is the sponse from the Army Corps of Engi- premiums to rise so high so quickly is program simply doesn’t collect enough neers. So, as a consequence, we are liv- unacceptable, especially given how the money to cover the costs of rebuilding ing in this uncertain world. people in Metro East have worked to- communities from floods, hurricanes, All of these businesses, all of these gether over the last 7 years at signifi- and other disasters. towns, all of these families in this so- cant expense to themselves to improve The flood insurance program will be called flood plain believe they are pro- the 74-mile levee system. more than $20 billion in debt after tected by the levees, the levees have In 2007, the Army Corps notified making payments for Superstorm not been certified by the Corps, and Metro East locals that their levees Sandy. If we in Congress continue to now comes the new National Flood In- needed improvement. The next year ignore the structural weakness in the surance Program which says to the FEMA notified them that much of the flood insurance program, that deficit, area would be mapped into a flood that debt, that shortfall is going to people living there that they are going plain, triggering mandatory flood in- grow in the future. We can and should, to have to pay higher premiums for surance purchase requirements unless sadly, expect more intense extreme flood protection in the future. The peo- the levee was improved. In response, weather events. According to computer ple rightly said, Wait a minute. We are the three Metro East counties I men- models, the changing climate means paying higher sales taxes; we voted to tioned earlier—Madison, Monroe, and the storms we are seeing will become pay higher sales taxes to protect our- St. Clair, where I grew up—taxed them- stronger and more extreme in the fu- selves, and now we are being told we selves to pay for the improvements to ture, causing even greater amounts of still have to pay higher premiums. their levees. They raised $150 million. I damage. Nationwide, the financial con- That gets to the heart of why we are on believe this type of local commitment sequences of weather-related disasters the floor discussing the National Flood is unprecedented. I don’t know if any- and climate change hit an historic high Insurance Program. one else is doing this. They did it. in 2012, causing over $55 billion in dam- Now I wish to say a few words about There have been a number of set- ages. my position on this issue because it is backs, but when they occurred, I have I had a hearing on this issue, and I one I have struggled with, to try to tried to work with the Army Corps and thought: If I bring in environmental- find the right answer in light of what I with my colleagues in Congress to get ists, a lot of folks will discount it com- think is an extraordinary, if not he- these projects back on track. I com- pletely when they start talking about roic, effort by local people to address mend the people in Metro East for climate change. They may not attend. their problem and not wait for the Fed- working together to honestly address They may walk out of the room. So in- eral Government, their frustration of the threat of flooding. No community stead I brought in people from the not having at least a timely coopera- wants to go through the pain and loss property and casualty industry, the in- tion by the Army Corps of Engineers, of damaging flooding. The Presiding surance industry. What do they do for and now the prospect that the pre- Officer has been through it in West Vir- a living? They watch the weather. miums for their flood insurance are ginia. I have been through it. Twenty They watch it more closely than any going to go up despite their best efforts years ago, in 1993, there was horrific politician ever did, and they decide to protect themselves. If they were flooding on the Mississippi River and adequate premiums to cover the re- doing nothing, standing back and say- there have been several instances serves needed to protect from these ing, This isn’t our worry; if something since. I was out there piling up the weather disasters. bad happens, Washington will ride to sandbags with a lot of folks trying to The story they told us was: Get the rescue, that is one thing. But they protect homes and businesses. ready. The weather is going to get are doing something specific that costs These communities in Metro East are more extreme, and the costs and dam- them money and they are trying to actively doing something to prevent ages are going to grow dramatically. protect themselves. the recurrence of that kind of a dis- Some insurance companies—major in- Rapid increases in flood insurance aster. So while the locals continue to surance companies—have walked away premiums, which are on the horizon, work with the Army Corps to achieve from States, saying: There is just too are hard for many people in my State. the highest level of levee protection as much exposure there. We cannot For the people in Metro East, which is quickly as possible, I am going to con- charge premiums and collect enough to the area I just described which is on tinue to make their work a priority in create a reserve in the instance of a the eastern side of the Mississippi my efforts. Because the residents of natural disaster. River across from St. Louis—the south- Metro East have taken on a significant Now, that is the reality of the pri- western part of Illinois—for many of financial commitment to protect vate sector analysis of this issue. This them this increase in these premiums homes and businesses, I will work to is not some—pejorative term—tree- would be impossible for them to pay. ensure that flood insurance premiums hugging environmentalist musing Forty percent of the Metro East I have are affordable. about possibilities. These are hard- just described is mapped as flood plain, I wanted to draw attention to the hearted actuaries and accountants tak- and most of the National Flood Insur- way the residents of Metro East have ing a hard look at what the future

VerDate Mar 15 2010 02:06 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.031 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE S514 CONGRESSIONAL RECORD — SENATE January 28, 2014 holds. The private insurance industry ed. I have done that throughout my also to consumers and taxpayers. Un- has looked at the scientific data, and congressional career in the House and fortunately, as I stand here today, this they have made changes in the way Senate, stood up to help those regions farm bill does not meet those stand- they do business. They are adjusting of the country in trouble, from Cali- ards, and, taken as a whole, the con- their operations to prepare for worse fornia all the way to the east coast, ference report fails to move both Fed- weather and bigger losses. They have and I will do it again because I think it eral farm and food programs forward. begun raising premiums for wind, is an American family responsibility. I previously voted against the Senate earthquake, and flood insurance in There is a limitation to what this Na- bill, which looked too much in the areas where disasters are likely, ensur- tional Flood Insurance Program can rearview mirror for outdated programs, ing the rates accurately reflect the achieve. There is certainly a limit to but this report is even worse. Just lis- risk of damage. The industry has also how much working families can pay for ten to this: Last year’s House bill was begun to refuse insuring properties in these premiums. And we have to accept officially called the Federal Agri- states where there is just too much the reality that when these flooding culture Reform and Risk Management risk. In contrast, the Federal Govern- events occur, when these disasters Act—‘‘reform,’’ ‘‘risk management’’— ment has not adequately prepared to occur, we have to accept that responsi- and here in the Senate we passed the handle the growing number of severe bility. Agriculture Reform, Food, and Jobs weather events. I yield the floor. Act. The final report now is reduced to Well, Senator DURBIN, where does The PRESIDING OFFICER. The sen- the Agriculture Act, the farm bill. this leave you? You do not think your ior Senator from Kansas. Today I will focus my comments on people can afford to pay the higher pre- FARM BILL my three biggest concerns: commodity miums, and yet you do not think the Mr. ROBERTS. Mr. President, I rise subsidy programs, nutrition program reserves set aside for the flood insur- today to discuss the Agriculture Act of spending, and the lack of regulatory re- ance program are adequate. 2014. That is the new name of the farm forms so sorely needed. I think that is the reality of what bill. Considering we all commonly refer to this political vote is likely to show. After over 3 years of hard work by the legislation as the farm bill, my Yesterday the vote on the floor was the House and Senate Agriculture first concern and criticism is the new an overwhelming bipartisan vote to go Committees and other interested Mem- price loss coverage program. The acro- forward on this measure. We know the bers, we are finally nearing the finish nym for that is PLC. It is a subsidy Flood Insurance Program will not be line for this version of the Nation’s program. able to keep up with the damage in- farm and food policy. Back in 2012, 2 years ago, I was flicted on our communities. The cost— As all Kansans and all farmers and pleased that the Senate Agriculture asking homeowners and businesses to ranchers from every State know, the Committee and the full Senate passed pay dramatically more in flood insur- farm bill impacts not only our farmers a bipartisan commodity title that con- ance premiums—is too high to make and ranchers but also businesses up and tained real reform. We ended the cur- the National Flood Insurance Program down Main Street, as well as families rent countercyclical commodity sub- viable in the near future. in our rural towns and urban cities. sidy program and got the government We need to recognize that losses from Everyone in Kansas, people who work out of the business of sending signals future floods will likely cost more than in agriculture or are impacted by its to producers essentially telling them the National Flood Insurance Program success—which, by the way, is every which crops to plant by setting target can cover. And then—and that is why I single American—and my colleagues in price guarantees for producers—farm- think we need a dose of reality in this the Congress deserve to know why I ing for the government, not farming Chamber and on Capitol Hill—Congress was the only Senator on the conference for the market. Unfortunately, that re- has to step up. That is a reality. We committee not to sign the conference form was replaced in the latest Senate know these disasters are likely to report as of last night. I am here today bill with a new target price subsidy occur, and we cannot—will not—collect to fully explain my reasoning and why program, doubled down in the House the premiums necessary to create the I cannot and will not vote for this leg- version with even higher target prices, reserves to cover them. It will be our islation. and manipulated even more in the con- responsibility to ensure that help is It all comes down to this simple ference report to suit the desire of spe- there. Whether that disaster is in Kan- question: Does the new farm bill im- cific crops over the objections of others sas, Illinois, West Virginia, or any- prove agriculture in America? I believe in different regions. where across the United States, Con- the answer is, unfortunately, no. The new Price Loss Coverage Pro- gress cannot deny that help. While we all want to provide long- gram repeats a classic government sub- It is time that we seriously address overdue certainty to producers—some- sidy mistake: setting high fixed target the effects of climate change and thing lacking for over 400 days, for 2 prices or subsidies, which only guaran- rethink how we protect and provide years; a record—the conference missed tees overproduction, with long periods disaster assistance to communities on an opportunity for greater and nec- of low crop prices, leading to more ex- a regular basis. Those who choose to essary reforms to our Nation’s farm pensive farm programs funded directly ignore the overwhelming scientific evi- programs, Federal nutrition programs, by taxpayers. dence of climate change cannot ignore and burdensome regulations. Why do we have to go down that road the overwhelming accounting evidence We should not march backward and again? I have yet to hear one legiti- that the National Flood Insurance Pro- pass a farm bill with more government mate explanation for why Congress is gram will not be able to meet the in- subsidies, more regulations, and more about to tell all producers across this creasing expense of natural flooding waste. country that the Federal Government disasters. How on Earth did we get to this point will guarantee the price of your wheat Our votes—if we pass this measure today? at $5.50 per bushel—by the way, it is a before us—may spare families from an Back in 2011 Chairperson STABENOW little over $6 right now at the country unacceptable financial burden if flood and I started the process of writing a elevator in Dodge City—and rice at $14 premiums skyrocket, but they do not new farm bill with a field hearing in per hundredweight for the next 5 years spare us from the reality that the dam- her home State of Michigan. Later that regardless of what happens in the mar- ages from future flooding disasters will year we held another successful hear- ket. We have done this before, and we be nationalized, as the damages of ing in Wichita, KS. After more formal know it creates planting and mar- Katrina and Sandy were. hearings in the Senate and conversa- keting distortions instead of letting Those who vote for this Menendez- tions with Kansas producers, Michigan our producers respond to market condi- Isakson-Landrieu measure—as I will— producers, producers all over this coun- tions. are voting at the same time to nation- try, it was clear to me that this farm After the World Trade Organization— alize the cost and damages of future bill would have to be reform-oriented, the WTO—ruled against the United disasters, to say that this is going to be reduce the deficit, and be responsible— States for our cotton programs, I something we will respond to as need- not only to farmers and ranchers but thought we had learned a lesson. I have

VerDate Mar 15 2010 02:06 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.033 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S515 said it before and will say it again: The within the SNAP program. That is a 5- producers across the country and in WTO stove is hot. Why would we reach percent reduction over a 10-year period. every corner of Kansas was that crop out and touch it again? Remember that I do not see how the final legislation, insurance was their No. 1 one priority we are still required to pay Brazil mil- amounting to a 1-percent reduction in for the farm bill; secondly, they said lions of dollars a year under that deci- SNAP spending, is a fair compromise get the regulations off our backs. sion. between both versions of the legisla- The policies in the final bill protect The Amber Box subsidy programs in tion. This just does not add up. the commitment to producers by this bill will open American agri- In every single one of my townhall strengthening crop insurance as the culture to global trade disputes—which meetings in Kansas—and I know the cornerstone of our farm safety net, re- we have already lost and will likely Presiding Officer from West Virginia gardless of the size of their farm or the lose again if challenged. finds the same thing true in his home commodity they grow. As this bill To date, objections and solutions State—the first question fed-up pro- moves forward, the Risk Management from me and my colleagues—ranging ducers and business owners ask is, How Agency, RMA, will be busy offering ex- from South Dakota, Senator THUNE; can we stop or even slow down the on- panded coverage for commodities such Nebraska, Senator JOHANNS; Iowa, Sen- slaught—the onslaught—of regula- as cotton that have not traditionally ator GRASSLEY; and even Ohio, Rep- tions? participated in the program as much as resentative BOB GIBBS—have all fallen This farm bill had great potential to other crops. on deaf and stubborn ears. Our efforts help producers and ranchers and all of However, I am concerned that the to add market orientation to the price agriculture with reducing the crushing conservation compliance requirement loss coverage subsidy program, as well regulatory burden from the govern- included in the legislation on crop in- as attempts to end it outright, have all ment’s rules and requirements. They surance, not on cropping operations, been blocked and are certainly not re- just want relief. not on being a farmer but on crop in- flected in the final report. Despite years of work in both com- surance, will unnecessarily burden pro- I am equally unhappy with the final mittees and strong provisions in the ducers who are already good stewards outcome of the nutrition title of the House-passed farm bill, the final legis- of their land and already subjected to farm bill. lation lacks key, commonsense, and conservation requirements in the com- Partisan politics has unnecessarily sound science regulatory reforms. modity programs. This is a duplica- infiltrated this debate, with many I am more than disappointed that a tion—more paperwork. Members on the other side of the aisle WTO-compliant resolution to manda- As the western half of Kansas con- drawing a line in the sand at zero sav- tory country-of-origin labeling—it is tinues to linger in a historic drought, ings or real reform to the expensive called COOL—was not reached. As a re- the lack of livestock disaster programs and unrestricted Supplemental Nutri- sult, our livestock producers who were that expired in 2011 is truly upsetting. tion Assistance Program. That is already facing drought and high feed We should have never let the programs called SNAP. It is really the food prices, now are going to have to worry expire in the first place. We had an op- stamp program. Facts are stubborn about retaliatory actions by the Gov- portunity in 2012 to reauthorize them, things. Despite good intentions, ernments of Canada and Mexico. but the Senate failed to act, over my SNAP—food stamps—now makes up Our ranchers are equally troubled calls of action. more than 80 percent of the Depart- that provisions in the House bill direct- All of the livestock disaster pro- ment of Agriculture’s budget and was ing the USDA to refocus their efforts grams are finally retroactively author- previously exempted from across-the- on the Grain Inspection Packers and ized. But the assistance will be too lit- board sequestration cuts. Stockyards Act, the acronym for that tle and too late in many parts of cattle What we have here today is a bal- is GIPSA, they were excluded. Another country. Some have lost part of their looning and expensive set of Federal regulatory relief provision was already herds and even strains of cattle genet- nutrition programs, with a patchwork cleared by the full House and the Sen- ics. of eligibility standards, loopholes, and, ate ag committee would have ended the Unfortunately, as a Kansan, as well frankly, unneeded bonuses to State duplicative National Pollutant Dis- as a member of the Senate Agriculture governments for simply administering charge Elimination System. I will not Committee and the farm bill con- the program. If you administer the pro- try the acronym for that. ference committee, I am disappointed gram right, you get a bonus. These are pesticide permits required to say that the final policies of this I understand and sympathize with by the Environmental Protection farm bill do not outweigh the positives. the need for nutrition assistance for Agency. We had an opportunity to pro- While we all want to provide certainty hard-working families. I have cham- tect human health and eliminate dupli- to producers, the conference has missed pioned their efforts. However, we can- cative, unnecessary regulatory actions, an opportunity for greater and nec- not and simply should not box off and instead, despite all of our commit- essary reforms to our Nation’s farm SNAP from unnecessary and timely re- ments to work together to resolve the programs, Federal nutrition programs, forms. issue, we were all blocked from includ- and burdensome regulations. While the Senate version of the bill ing the simple and necessary regu- After over 3 years of debate, the chal- in 2012 and 2013 did tighten the Low In- latory relief. lenges that agriculture faces at home come Home Energy Assistance Pro- Each of these regulatory reforms had and across the world have only contin- gram—LIHEAP—loophole to save bipartisan support. But now producers ued to grow. We need 21st century poli- roughly $4 billion over 10 years, there across the country are left without an cies and innovative solutions. Instead, have always been additional needed re- explanation and, much worse, no need- this bill misses the mark and goes forms to the program. ed relief. I am shocked at how far some backward to protectionist programs. At the end of the 2012 Senate bill, I Members will go to protect this admin- The issues I raise deserve to be de- included my personal views in the re- istration’s regulatory agenda instead bated fully and publicly. I know time is port. I identified eight additional ways of protecting real hard-working Ameri- of the essence. Yet the full conference to rein in the out-of-control spending cans. committee met only once for opening and reinstitute program integrity for After all of that, let me point out statements last October. With all of the SNAP program. that with any large piece of legislation the ramifications of the farm bill, we Last year, in 2013, I introduced a one can usually find some positives to met once last October—for 3 minutes stand-alone piece of legislation that point to and today’s farm bill is no dif- apiece. would have saved a total of $36 billion ferent. While I support many of the In truth, the majority of this bill was in SNAP without ever touching indi- programs in the less talked about titles negotiated behind closed doors without vidual monthly benefits, and it failed of the farm bill, I am especially appre- the opportunity for votes, amendments on a party-line vote. ciative of the inclusion of strong crop or discussion. There is too much of Eventually, the House of Representa- insurance provisions and livestock dis- that around here. Producers, con- tives passed nearly $40 billion in sav- aster programs. The No. 1 issue we sumers, and our global trading part- ings—after intense debate over there— heard over and over again from our ners expected more. Unfortunately, the

VerDate Mar 15 2010 02:06 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.034 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE S516 CONGRESSIONAL RECORD — SENATE January 28, 2014 U.S. taxpayers deserve better than this gularly focused on academic achieve- pen. Kentucky’s school children are ca- conference report. I did not sign this ment, and give parents the opportunity pable of great things; let’s make sure conference report last night and cannot to choose the best school for their we empower their parents to help their in good conscience vote for this legisla- child. children succeed. tion. Both types of programs offer families But I will promise this to all of the the opportunity to send their child to f Members who worked so hard to at safer schools with a proven track least get a bill. I will continue to work record of success. They allow public TRIBUTE TO DR. LOUIS ARNOLD and advocate on behalf of advancing education dollars to follow the student agriculture. to the school of their parents’ choosing Mr. MCCONNELL. Mr. President, I I yield the floor. and improve student performance. come to the floor today in celebration Mr. REID. I suggest the absence of a Surely parents, not bureaucrats, are of the anniversary of Dr. Louis quorum. the best judges of what school is right Arnold’s birth. Dr. Arnold, or ‘‘the Fly- The PRESIDING OFFICER. The for their child. ing Evangelist’’ as he is known by clerk will call the roll. In Washington, DC, studies have many in our home State, was born 100 The assistant legislative clerk pro- shown that the city’s private school years ago on January 19, 1914, in Buck- ceeded to call the roll. scholarship program has increased eye, KY, and has spent his life in serv- Mr. REID. I ask unanimous consent graduation rates by 21 percent. In Indi- ice to the Baptist church. He is the that the order for the quorum call be ana, enrollment in the State’s private founding pastor of Clays Mill Road rescinded. school scholarship program has more Baptist Church. The PRESIDING OFFICER. Without than doubled this year, to nearly 20,000 objection, it is so ordered. students. Clearly parents in Indiana Dr. Arnold felt the call to preach early in life. At age 11, he began f are pleased with the availability of this option. preaching to his classmates while they MORNING BUSINESS Indiana charter school students also walked to and from school. Then, at 19, Mr. REID. Mr. President, I ask unan- saw improvements in learning for math he publicly announced his call to imous consent the Senate proceed to a and reading compared to their tradi- preach and held his first sermon in the period of morning business with Sen- tional public school counterparts. If In- Mitchellsburg Baptist Church. Fol- ators permitted to speak for up to 10 diana and Washington, DC, can offer lowing that first sermon—the story minutes each. their children better choices, why can’t goes—he gazed up into the stars with a The PRESIDING OFFICER. Without Kentucky do the same? Bible in hand and said, ‘‘Lord, I’d rath- objection, it is so ordered. A recent poll shows that 72 percent of er be a preacher than to be President of f Kentuckians favor charter schools, and the United States.’’ yet Kentucky is one of only seven NATIONAL SCHOOL CHOICE WEEK Dr. Arnold got the nickname ‘‘the States that does not allow them. I Flying Evangelist’’ during the second Mr. MCCONNELL. Mr. President, in agree with the vast majority of Ken- World War. Already the pastor of a America, education is one of the keys tuckians who favor charter schools and church in Lexington, KY, he was called to success—but too many Kentucky have supported Federal incentives for children are trapped in failing schools. States that permit them, and will con- to pastor another church in Cincinnati, This week is National School Choice tinue to do so. OH. The churches were separated by 85 Week, an ideal time to remember that For these reasons, I am a proud spon- miles of country road—too far of a school choice can be an important op- sor of legislation in the Senate that drive to be able to preach at both Sun- tion for children living in poverty. would expand school choice and allow day services. Undeterred, Dr. Arnold Over 10,000 young Kentuckians a year 11 million low-income students to take bought an interest in a small plane and drop out of school, with little likeli- Federal funding to the public or pri- learned to fly. Now, not only could he hood to return and reduced prospects vate school they choose. This would easily commute between the two for the future. Dropping out before give parents, not Washington or bloat- churches, but he could also fly to reviv- graduating high school very often sub- ed school bureaucracies, the power to als and churches across the region. He jects kids to added hardship. Studies decide how to best use the education even equipped his plane with a loud- by the U.S. Census Bureau show that money allocated for their children. It speaker so he could preach from the the average high school dropout earns would also ensure that students sky over cities and towns. 42 percent less than a high school grad- trapped in failing schools don’t have to Although Dr. Arnold was born in the uate without a college degree. And wait for those schools to get better to Commonwealth of Kentucky, his mes- these failures of our school system fall get a quality education. sage has spread far and wide. He has hardest on minority and low-income While I was encouraged to see Ken- his own radio broadcast, ‘‘Preaching at children. tucky’s ranking among States has im- Your Church,’’ and his paper, ‘‘The Ar- But the big government-educational proved, more is still needed. Last year, nold Report,’’ is mailed to all 50 States. complex too often cares more about the 18 of Kentucky’s 22 failing schools were He’s organized churches and revivals in bricks and mortar of a failing school in Jefferson County. Students trapped his home State of Kentucky as well as than the children attending it. Special in failing schools, such as those in the travelled abroad to places such as Mex- interests, like those of unions, can out- Louisville area, need options before ico, Central America, Europe, and the weigh the interests of individual stu- they fall too far behind. Bahamas. He’s written numerous books dents. School choice is a way out. For low- of sermon and Bible study, and dozens We need to provide increased oppor- income families, it can break the cycle of inspirational novels which have sold tunities for families to choose the edu- of poverty. Thanks to school choice, in all 50 States and several foreign cation environment that best meets many young men and women who countries. the needs of their children. School would otherwise not have had the op- choice programs do just that—they em- portunity to excel can grow up to be- Dr. Arnold celebrated his 100th birth- power parents. come leaders in their communities and day by preaching at the Clays Mill There are two types of school choice their country. Road Baptist Church; a remarkable programs. One program provides finan- The current one-size-fits-all edu- testament to his conviction and faith cial assistance for disadvantaged stu- cation system is not the best approach. that have not wavered in the more dents to enroll in private schools. The Our Commonwealth needs to make fun- than 80 years since his first sermon. I second charter schools—are public damental changes so that that every ask my Senate colleagues to join me in schools that are entrepreneurial and child has the opportunity to leave a recognizing Dr. Louis Arnold, an up- free from many of the constraints of failing school. I’m grateful for the or- standing Kentucky citizen, on the oc- school district bureaucracies. Rather ganizations across the Bluegrass State casion of his 100 years of life and his than focusing on red tape, they are sin- which are fighting to make that hap- unwavering devotion to his faith.

VerDate Mar 15 2010 02:06 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.042 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S517 TRIBUTE TO IRENE GAINER his nonviolent activism during the ation in 1992 and it is one of my proud- Mr. DURBIN. Mr. President, I want civil rights movement, a restaurant in est accomplishments here in the U.S. to congratulate Irene Gainer on her up- Kabul, Afghanistan, popular with for- Senate. coming retirement from Federal serv- eigners and expatriates, including This program was created by me and ice. Most of my colleagues know Irene Americans, was rocked by a terrorist together with my Defense Appropria- through her husband, Senate Sergeant attack, killing 21 people. tions colleagues Senator Ted Stevens Tragically, we lost one of our own at Arms Terry Gainer, but today Irene and Senator Daniel Inouye specifically from Illinois during this act of sense- gets the spotlight as I take a few min- in response to grassroots advocacy less violence: Ms. Alexis ‘‘Lexie’’ utes to recognize her impressive career. spearheaded by those who suffer from Kamerman, a Chicago native who for Many great things come from Chi- breast cancer, those who have survived years had dedicated herself to serving cago, including Irene, who was born it, and their families. The Department others and only the year prior had and raised in Chicago. Chicago is also of Defense runs one of the largest moved to Afghanistan, working with where she met her husband Terry and health systems in the country, serving the American University there to help started her first career as a nurse. She 9.6 million servicemembers, their fami- increase access to education for Afghan attended the College of St. Francis and lies and military retirees, and as a re- St. Bernard’s School of Nursing. Dur- girls and women. Lexie grew up in Chicago in my home sult offered a unique opportunity to ing the early years of their marriage, undertake Breast Cancer Research. Irene joined Terry as the Navy moved State. She was a 2004 graduate of the Latin School of Chicago, a 2008 grad- Military families suffer from the same them around the country from Rhode conditions and diseases that affect our Island to Virginia and then to Cali- uate of Knox College—where she was also an all-star conference water polo society at large, and they also have fornia. In each State Irene worked as a disproportionate rates of some diseases nurse, and to this day she maintains player—and she went on to receive her Masters in Higher Education from the as a result of their service. My col- her licenses and professional creden- leagues and I believed that offering po- tials in all three States. University of Arizona. Countless friends and family have de- tentially lifesaving research specifi- Irene also worked in Illinois hos- scribed Lexie as generous, fearless, and cally focused on this population was a pitals, including St. Bernard’s Hos- passionate about helping to create a logical step. pital, Christ Hospital, Central Commu- better world. It’s no surprise that the So we started with Breast Cancer re- nity Hospital, and for 14 years at the 27-year-old found herself in Kabul, search in 1992. In the 22 years this pro- Little Company of Mary Hospital. working as a student development spe- gram has been funded, we have spent In 1988, Irene started her second ca- cialist with American University of Af- almost $3 billion on Breast Cancer re- reer—she began law school at John ghanistan. American University of Af- search, and $7.5 billion overall on im- Marshall. Irene attended law school ghanistan has been committed for portant research on numerous condi- during the day, continued working years to extend high-quality, afford- tions through the Department of De- nights as a nurse at Little Company of able education for Afghans, especially fense. Millions of Americans, including Mary Hospital, and—did I mention?— girls, who may not have had access to those who receive their health care she and her husband were raising their it otherwise. from DOD, have been touched by condi- six children. Sadly, American University of Af- tions such as amyotrophic lateral scle- After law school graduation in 1990, ghanistan lost another member of its rosis—or Lou Gehrig’s disease—autism, Irene accepted a job as Clerk in the family in the same attack: 29-year-old lung cancer, multiple sclerosis, Circuit Court of Cook County. She also political science professor Alexandros neurofibromatosis, ovarian cancer, worked for the State of Illinois as As- Petersen from Washington, DC. He and prostate cancer, tuberous sclerosis sistant Director of Health and Energy Lexie both were too young, too bright, complex and many others. Policy, served as General Counsel and and too dedicated to helping others to Executive Director of the Illinois Alco- And what has that investment yield- be leaving the world so soon. holism and Drug Dependence Associa- ed? It has paid dividends, with break- Afghanistan has seen many ups and tion, and as an associate in a law firm. throughs in our understanding of downs over the years. But these hei- Irene and Terry moved to Wash- breast cancer. It led to the develop- nous attacks on innocent civilians, ington, DC in 1998. While living here in ment of the revolutionary drug people such as Lexie who work every DC, Irene has worked for the National Herceptin that is saving and pro- day to help the Afghan people achieve Treatment Accountability for Safer longing the lives of millions of Amer- a better future, are among the lowest Communities, Sibley Memorial Hos- ican women every day. DOD breast of lows. cancer research directly contributed to pital, and the Peace Corps. And for the My deepest sympathies go out to the discovery of a frequently mutated past 5 years, she has been Director of Lexie’s parents, Jack and Alison, and gene that contributes to several can- the Hearing Office for the Department the rest of her family, as well as the cers and the OncoVue breast cancer of Health and Human Services’ Office family at American University of Af- risk assessment test. of Medicare Hearings and Appeals. ghanistan and to all victims of the at- If Irene’s busy career is any indica- tack and their loved ones. It is only fit- But this program’s payoff has not tion, there is little chance she will ting that Knox College has created a been limited to breast cancer: Those spend much idle time in retirement. scholarship in Lexie’s name, a well-de- who receive Coenzyme Q10 treatment Between volunteering with her local served tribute for a young woman who for gulf war illness can thank DOD Catholic church and staying in touch was so dedicated to others and to the medical research. The prostate cancer with her six children spread around the value of education during her all-too- treatment Zytiga received FDA ap- world, she is sure to stay active. short life. proval in 2011 due to the rapid early- I thank Irene for her many years of f phase clinical testing funded by DOD. Federal service and wish her all the Research jointly funded by CDMRP, best in retirement. And I especially DEPARTMENT OF DEFENSE the National Institutes of Health— hope that she and Terry find lots of MEDICAL RESEARCH NIH—and the Defense Advanced Re- time to spend with their 14 grand- Mr. HARKIN. Mr. President, I rise search Projects Agency are creating children. today to correct some unfortunate re- advanced prosthetics that are accu- f marks made on the floor this month rately recreating the movement of the and reaffirm my long-standing support human hand—which in recent trial al- REMEMBERING ALEXIS ‘‘LEXIE’’ for the medical research programs at lowed a quadriplegic to feed herself for KAMERMAN the Department of Defense, most of the first time in years. These are just Mr. DURBIN. Mr. President, on Janu- which fall under the Congressionally a few small examples of the many re- ary 17, just days before our Nation ob- Directed Medical Research Program, or search, diagnosis, and treatment served a day in remembrance of Martin CDMRP. This program has led to major breakthroughs this research has Luther King, Jr., a man recognized for scientific breakthroughs since its cre- brought about.

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The result was that participants plan also highlights anticipated mile- bers and veterans who suffer from trau- who received cognitive training re- stones in prevention of the disease. matic brain injury, tinnitus, or vision ported significantly less difficulty with Lifestyle modifications and identifica- problems know that they can receive activities of daily living. Most patients tion of Alzheimer’s and dementia risk the most advanced treatment possible achieved improved reasoning and men- factors are included as part of the plan. thanks to this medical research. DOD tal processing speed at the end of the I have long been a tireless advocate medical research is also finding bio- study, the results of which may be in the fight against Alzheimer’s and de- markers to better treat mental illness, found in the January 13 online issue of mentia. As the chairman of the Senate so individual servicemembers do not the Journal of the American Geriatrics Special Committee on Aging, I am have to go through the trial and error Society. committed to doing whatever I can to of being prescribed psychotropic medi- These results echo findings from Sen- ensure the health and well-being of our cations that may or may not be effec- ate Special Committee on Aging in its seniors. Although much progress has tive for them. These research programs recent work on improving quality of been made, we still have a long way to are helping to provide a better quality life for seniors who suffer from Alz- go in ensuring the best possible quality of life for those who have recently heimer’s and dementia. The Commit- of life for Americans in their later served in Iraq and Afghanistan. tee’s 2012 report, entitled ‘‘Alzheimer’s years. For a number of years now, some in Disease and Dementia: A Comparison Congress have made the argument that of International Approaches,’’ stated f this program does not belong at the that ‘‘individuals who are cognitively ADDITIONAL STATEMENTS Department of Defense, suggesting active—such as individuals who regu- that these programs are duplicative larly read or do crossword puzzles—are and that this funding should be spent at a lower risk of developing mild cog- TRIBUTE TO LIEUTENANT elsewhere. In fact, the medical re- nitive impairment (MCI)—an early COLONEL CATHERINE M. BLACK search done at the Department of De- symptom of dementia and AD, Alz- ∑ fense is complementary to and coordi- heimer’s disease—because they have in- Mr. KIRK. Mr. President, I rise to nated with the research done at NIH, creased cognitive reserve.’’ pay tribute to my constituent LTC and other Federal agencies including The Senate Special Committee on Catherine M. Black for her exemplary the Department of Veterans Affairs. Aging is also committed to embracing dedication and service to the United While the medical research done at innovative brain health care advances States Army and to the United States DOD and NIH may have overlapping for seniors. During our committee’s re- of America. She has served for the last goals, including many research grants cent Healthy Aging Forum, various 2 years as a congressional budget liai- that have been jointly funded, CDMRP groups invested in senior health care son for the Secretary of the Army. has a different mandate, uses different shared novel ideas for better mental A native of Chicago, IL, Lieutenant criteria in selecting grants, and uses a health care and quality of life. These Colonel Black enlisted in the Army in unique two-tiered review process that included research and medical tech- the summer of 1994. She was selected as assures high quality of research. nology devices that sharpen senior the Soldier of the Year at Fort Gordon, I simply say to those critics of the memory, thinking, and cognitive proc- GA, and was subsequently selected for program, the outcomes speak for them- essing skills. Among these were Micro- the Officer Candidate School, earning a selves. Any suggestion that I believe soft Kinect software, which uses cog- commission as a finance officer in this program should have been created nitive and mental diagnostic, rehabili- April 1997. elsewhere or should be moved is incor- tative, and routine mental game-based Lieutenant Colonel Black has served rect, and I want to make sure the exercises to help improve senior brain in a broad range of duty stations and RECORD is clear on this point. health and fine motor skills. Loneli- assignments over her two decades of I thank my colleagues on the Defense ness, which adversely impacts brain service. As a Lieutenant, she served as Appropriations Subcommittee, Chair- health and increases risk for dementia a disbursing officer in a finance group man DURBIN and Ranking Member in seniors, can be minimized by engag- at Fort Bragg, NC. This culminated in COCHRAN, and the chair and ranking ing seniors with the Gerijoy avatar— a rotation through the U.S. Army member of the Appropriations Com- also showcased at the Healthy Aging Forces Center in Doha, Qatar. Fol- mittee, Senator MIKULSKI and Senator Forum—an interactive virtual pet com- lowing the horrific attacks on Sep- SHELBY, for providing $1.55 billion in panion that strengthens seniors’ men- tember 11, 2011, she provided financial funding for these critical and success- tal capabilities by providing opportuni- management services during the ful medical research programs in Fis- ties for meaningful interaction. ground invasion in support of Oper- cal Year 2014. I look forward to many The University of Florida Institute ation Enduring Freedom. more years of breakthrough medical on Aging, another invited exhibitor at As a Captain, Catherine Black served research conducted by the DOD that the Senate Health Aging Forum, is cur- as a finance detachment commander will directly address the needs of our rently conducting a LIFE, Lifestyle and battalion operations officer at Fort military members and that will have Interventions and Independence for El- Richardson, AK, and later as a finan- broad application to millions of Ameri- ders, study in which the effect of phys- cial management operations officer at cans. ical activity and/or aging health edu- Fort Belvoir, VA. After promotion to f cation on senior mobility and inde- major, she commanded the 126th Fi- pendence are being assessed. Cognitive nancial Management Unit for a year MENTAL EXERCISES FOR SENIORS function and impairment are also being and a half, while simultaneously serv- Mr. NELSON. Mr. President, today I examined as a part of the study. ing as the Battalion Executive Officer wish to call attention to the ACTIVE, The Senate Special Committee on for the Special Troops Battalion, 1st or Advanced Cognitive Training for Aging has conducted numerous hear- Sustainment Brigade at Fort Riley, Independent and Vital Elderly, study ings on Alzheimer’s in recent years, co- KS. She trained and deployed her three on mental exercises for seniors. The inciding with my cosponsorship of the financial management detachments to study, conducted by researchers at the HOPE for Alzheimer’s Act, S.709/ both Iraq and Afghanistan. She then University of Florida College of Public H.R.1507, which will improve diagnosis deployed her headquarters to Health and Health Professions, showed and care planning services for patients Kandahar, Afghanistan and stood up fi- that older adults who receive cognitive with Alzheimer’s. A panel of witnesses nancial operations throughout south- training can significantly improve from the government, academia, and ern Afghanistan. There she provided fi- their reasoning and mental processing the Alzheimer’s Association discussed nance support to joint and coalition

VerDate Mar 15 2010 04:59 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.040 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S519 forces and developed financial manage- businesses the support they need to sustain We have to think about the people in our ment infrastructure for the nation of their existence. state and their futures. How will they con- Afghanistan. Climate change is a pressing issue the tinue to succeed? If people want to continue Lieutenant Colonel Black was se- world is now facing and, as the United seeking jobs, they must go through a school- States, we need to lead the world in a ing process in order for them to feel satis- lected to serve as a congressional budg- greener direction. Carbon dioxide emissions et liaison officer in the Office of the fied. We want to grow strong and protect our are growing exponentially and are hurting views, so, taking control of our future will Assistant Secretary of the Army for fi- our environment and our people’s health. We make it stronger and brighter as a country. nancial management and comptroller. need to take meaningful steps to reduce our We have to start to address these topics She managed the Army’s military per- carbon dioxide emissions and put our energy first, so they won’t become a failure, but a sonnel and operations and maintenance and resources into renewable energy tech- success for our country. nologies. Not only will the environment ben- accounts, the Working Capital Fund, I believe education should be the govern- and activity at the depots and arsenals efit, but we will benefit economically as the prices of energy will be stable and affordable. ment’s biggest concern because of what it that support the Nation’s organic in- These goals may be difficult to achieve; can push our nation to accomplish. We have dustrial base, including Illinois’ Rock however, the result will benefit the country to make the common core strong, so that Island Arsenal. immensely and place us as a world leader in students know what to expect. We cannot Lieutenant Colonel Black’s leader- many aspects. These issues must be ad- just give up after a failure, we have to be de- ship throughout her career has posi- dressed, as they will improve the lives of termined and think more about of our fu- tively impacted her soldiers, peers, and every citizen and will allow us to strengthen ture. Marion Brady, who is a classroom superiors. As a budget liaison officer, our union. teacher, asked, ‘‘What knowledge is abso- she worked directly with the Senate lutely essential for every learner?’’ His ques- REBECCA PAIGE, SOUTH ROYALTON SCHOOL, tion is what we think the curriculum should and House Appropriations Committees GRADE 12 (FINALIST) be to everyone. I believe if any student is to educate and inform Senators, Rep- The rising cost of a college education is be- strong in a core of truly essential skills, resentatives, and staff for the United coming a chronic problem for everyone. We they can succeed in anything they want in States Army. want everyone to become a well-educated, their future. I believe enforcing the common Mr. President, on behalf of a grateful informed citizen, but are doing so at a steep core will help achieve our goals and lead to Nation, I thank and commend LTC price. We are paying an exorbitant amount courageous decisions. of money and are being left with large Catherine Black for two decades of Building a successful education program service to her country. I wish Cath- amounts of debt. For many families, having a high school will begin to strengthen the unemployment erine, her husband Geert Jacobs, and senior in the household brings mixed feelings rate in our country. I think benefits being her sons Alexander, Achilles, and Elias towards college. There is the excitement to- extended isn’t the right solution because all the best as they continue their jour- wards experiencing new things, but also the there are so many opportunities to go to- ney of service.∑ concern for how they will be able to afford a wards to be successful. If the government f college education. The worries start right at chooses to extend the benefits, we would be the beginning, before the senior is even ac- spending billions of dollars in a short VERMONT ESSAY WINNERS cepted. Having just finished my college ap- amount of time, which would not help our ∑ Mr. SANDERS. Mr. President, I ask plication, I estimate that I paid about $600 economy. We have to think about what’s to have printed in the RECORD finalist for application and testing fees. What do best for the individual, as well as the whole essays written by Vermont High these fees do to help with post-secondary country. It’s best if we continue to persevere School students as part of the Fourth education? Nothing. These fees are being by going to a job training facility to be more Annual State of the Union Essay con- used as a gamble for the right to a college successful. Making no extensions would lead education. There is nothing saying that the test conducted by my office. These 9 fi- people to create a successful life on their applicant will be guaranteed admittance to own, gain confidence, and rely on only them- nalists were selected from over 380 en- college, only the chance of it. There should selves. Leading people to search for a job is tries. be a movement passed that will eliminate all in their own hands and they need to have The essays follow: application, testing, and other miscellaneous courage in order to succeed in life. CARLY NEELD, CHAMPLAIN VALLEY UNION HIGH fees associated with the application process, To conclude, our country has to continue SCHOOL, GRADE 11 (FINALIST) so students have a chance to apply to the to grow as a whole in order to solve the con- It is a great privilege to be a citizen of the college they want without money to limit troversial issues. Making successful deci- United States. As citizens, we have a respon- them in the pursuit of a higher education. sions can permanently change the way the sibility to ensure that our government is Even once students have been accepted to country grows. Also, creating a confident used to improve lives. Although this country a college or university, the tuition should be country leads to less room for failure in the has achieved much, there are many aspects lowered or subsidized by the government. that can be improved. In particular, we need Pursuing education beyond high school long run. Let’s believe we can create a to work towards reducing the unemployment serves to help better society and, in turn, strong common core plan for education and a rate and take meaningful steps to stop cli- will help us out of the unstable state in non-extendable unemployment plan. I be- mate change. Addressing these two issues which we find ourselves. There are many lieve it can be done, it just takes time and now will go a long way towards helping cur- positive aspects about pursuing education hard work to get them. Let these two topics rent and future generations. beyond high school, but they are being out- not be an issue anymore and finally resolve The unemployment rate is at seven per- weighed by the financial repercussions of the them, so we all can grow to our best. cent. It is our obligation, as a nation, to decision to do so. This is not how the system lower this rate. By lowering the unemploy- should be run. We should not have to cringe ment rate, we could see a drop in crime and at the word college; we should embrace it be- ERIC TUCKER, SPAULDING HIGH SCHOOL, GRADE a reduction in poverty as more people are cause of the plethora of opportunities that it 11 (FINALIST) earning a steady income. Because of this will provide us. The year 2013 was a period of progress and steady income, there will be more tax rev- There seems to be a double standard in this setback. The government was shut down for enue which could then support safety net country. We want our citizens to pursue a sixteen days, the unemployment rate de- programs that help the impoverished. An in- higher education because the country will creased to seven percent, the lowest unem- creased employment rate will also cause an reap the benefits, yet we still limit the post- ployment rate in five years, The Affordable increased access to health care and other ne- secondary education to those that can afford Care Act (ObamaCare) was passed with it and not let everyone have the opportunity cessities to living, strengthening families mixed initial success, and many other influ- to a higher education. There needs to be a and communities. ential achievements and failures occurred. A In order to decrease the unemployment change, if anything is going to move for- new year is here, and now is the time to fur- rate, there are things in our country that ward. Therefore, let all fees be eliminated, ther develop 2013’s successes and solve its will need improvement and our support. Af- let there be lower tuition costs, and allow all problems. The best way to turn 2014 into a fordable childcare can benefit the employ- people a chance for a college education with- ment rate, as it allows parents to be free to out having to sign over their life in order to year of achievement is to unite Americans go to work. Access to higher education is get one. and Congress by offering multiple solutions also essential in increasing the employment to common disagreements and by discov- rate, as more people will be able to obtain KENDALL SPAULDING, MISSISQUOI VALLEY ering a series of common goals with the sup- higher paying jobs or start businesses that UNION MIDDLE, HIGH SCHOOL, GRADE 11 (FI- port of the entire nation. create jobs. Quality public education, espe- NALIST) One of the catastrophically unsolved prob- cially early childhood education, will build a ‘‘Success is not final, failure is not fatal: it lems in 2013 was the gap between Repub- strong workforce as jobs are created. It is is the courage to continue that counts,’’ said licans and Democrats in America. The gov- important to acknowledge the small busi- Winston Churchill. Churchill’s quote links ernment was shut down from October 1st to nesses that provide countless jobs and to en- two controversial issues that our country is October 16th, and it nearly defaulted on its sure that the government is giving these now facing, education and unemployment. bills during this harsh debt-ceiling debate.

VerDate Mar 15 2010 06:02 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.048 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE S520 CONGRESSIONAL RECORD — SENATE January 28, 2014 This could have been avoided, if multiple regulate our climate, they help to prevent The United States economy must improve choices were offered during these debates. soil erosion, and they provide a home for in- the state of our union. Government spending For example, the main reason the Repub- digenous people. BERNIE SANDERS needs to must also decrease to make room for citizens licans did not want to re-open the govern- help protect the forests not just in Vermont, in need of assistance. Without government ment is they strongly opposed the Demo- but all around the world. assistance the citizens turn against their cratic principle of a government-controlled Different environments around the world government and grow unhappy. The United are in danger because of climate change. One health insurance system (ObamaCare). One States should focus on decreasing govern- way that climate change is caused is by car- compromise, which could have solved this di- ment spending to improve the economy be- lemma, is making ObamaCare optional. This bon emissions. Air pollution causes climate change because when the air is polluted by cause without a stable economy, citizens suf- compromise never occurred because the fer and the state of the union crumbles. Democrats wanted ObamaCare nationalized all the CO2 that we are producing, it dam- with a fine on those who did not enlist and ages the ozone layer. Climate change also af- fects forests which causes damage to the ani- the Republicans wanted complete abolish- TREVOR MCNANEY, MILTON HIGH SCHOOL, GRADE mal population and their homes. The earth ment. Middle ground must be reached. 12 (FINALIST) Further connecting Congress and America isn’t an unlimited supply; we need to use will also help eliminate some of 2013’s larg- what we have carefully and conscientiously. Amidst not only our challenges in the past est problems. Sometimes Congress is split Senator BERNIE SANDERS should take a year, but in our progress as well, we as a na- because each Congressperson is acting on be- stronger stance in protecting the environ- tion have proved our unity and strength. We ment because climate change, deforestation half of his or her voters. At other times, such have confronted issues, such as gun control and air pollution are major problems dam- as the government shutdown, Republicans and gay marriage and have worked hard to aging our environment. These are all envi- and Democrats disagree on the best ways to figure out how to best deal with issues like ronmental issues that have social and eco- solve a problem. If Congress and the White these. We have proved ourselves as pioneers; nomic impacts. We only have one planet and House listened to the public more, then we need to use what we have carefully. we have explored the wonders of space and America can help its leaders tackle Amer- have developed amazing technologies new to ica’s most difficult problems. Utilize KYLEE DIMAGGIO, MISSISQUOI VALLEY UNION the world. I ask the American people, with Facebook, utilize Twitter, utilize easy, ac- HIGH SCHOOL, GRADE 11 (FINALIST) their strength and their unity, to confront cessible websites and conduct multiple sur- Barack Obama once said, ‘‘Change will not an entirely different issue. One that is so veys concerning many issues the country come if we wait for some other person or intertwined with our lives and society, yet faces. Have America decide if the debt ceil- some other time. We are the ones we’ve been one that is so ignored. I ask the people to ing should be raised; have America decide if waiting for. We are the change that we confront a world issue. Today, I ask that ObamaCare should be mandatory and exist- seek.’’ The American dream that many each and every individual of this nation to ent; have America become one of the medi- strive for is currently far out of reach for consider the impacts that our society has on ators of public dilemma. Stop having Repub- most. Our current economy is in such a dire the environment. licans elect Republicans and Democrats elect state that some are even predicting another We as a nation have come to understand Democrats; have Americans elect Ameri- economic depression. This economic issue is cans. vital to our future as a nation and impacts that in order to prosper, we need to work, Unification and success can also be created United States citizens directly. I also fear produce, and consume with our earnings. through generating nationally common that if this issue is not addressed before long Companies produce goods that are meant to goals. For example, the issue of clean energy the consequences may be great. Fossil fuel be broken and thrown away so that con- is a project being half-heartedly tackled by usage (along with other things) have aided in sumers will simply buy more of their prod- the government. Turn 2014 into the year that the increase of unemployment rates in the uct. I argue that we are smarter. A society the United States of America leads the world United States and the poor economy. I be- that values monetary gain at the demise and to a greener Earth. Begin the movement that lieve that if the president were to focus on destruction of the environment is one that creates 4.5 million jobs, stimulates the econ- the state of the economy many other issues will not last. Without a healthy environ- omy, and eliminates 1.2 billion tons of car- in the United States could be addressed as ment, we cannot have a healthy society. We bon emissions per year by 2030. This single well. are too scared to look at the destruction and goal can cause America to reap the benefits Although I believe that many people blame pollution that we are causing as a society of economic stimulation, energy-efficiency, the state of the economy on an excess of gov- and as a global economic system. I ask what and national unification. ernment spending, a huge expenditure of the is more fearful, deciding to make progress It is time for America to raise itself to new government is in the subsidization of fossil today or ignoring the issues of tomorrow? Ig- heights as a truly united nation. Allowing fuels. Not only are fossil fuels harmful to the noring until there are no longer any issues the public to help its leaders compromise environment, but they are extremely costly. to worry about, until the Earth itself has and work on common goals will bring this With the current economy, many citizens perished along with its inhabitants. Now is struggle to afford the prices of this resource. country together. Now is the time to unite our gateway and foundation to the future. the United States of America. Furthermore, the large amount of depend- We must change the way we live in order to ence on fossil fuels leaves this resource an live. MADISON GILLEY, MOUTH ABRAHAM UNION unreachable necessity. It is vital for the MIDDLE, HIGH SCHOOL, GRADE 9 (FINALIST) president to search for an alternative re- The exciting possibility is that we can There are many factors that impact our source because fossil fuels are currently too change. We hold more knowledge and re- environment. Air pollution, deforestation, costly for average citizens to afford. The sources than we ever have before. America, and climate change are just a few. These spe- president should be focused on finding an al- it is time that we put the environment first. cific problems are caused by humans. We ternative resource for fossil fuels to decrease It is time that we alter the way that we view have a responsibility to our planet, our- government spending and, in turn, improve and interact with the world around us. By selves, and to the other species that live here the economy. 2026, every home needs a solar panel and sev- with us. Senator BERNIE SANDERS should As a result of a poor economy, citizens are enty percent of the buildings we use need to take a stronger stance in protecting the en- finding it hard to live comfortably and fulfill use gray water. And by 2030, seventy-five per- vironment because it is important to the their ideas of the American dream. Govern- cent of the transportation industry needs to state and the world. ment spending reduces the amount of money use bio-fuels. By 2035, seventy percent of ve- Air pollution has a vast effect on climate the government is able or willing to provide hicles need to be electric and seventy per- change and the environment. In 2012 alone, to the unemployed. Theodore Roosevelt said, cent of America needs to be powered by clean the world produced 9.7 billion metric tons of ‘‘Behind the ostensible government sits en- renewable energy and resources. Dismiss the CO2 emissions (CO2Now). All of the carbon throned an invisible government owing no idea that it cannot be done, that we as a so- emissions that go into the air cause climate allegiance and acknowledging no responsi- ciety and the world cannot solve the prob- change because the atmosphere traps the bility to the people.’’ In saying this, Roo- lems that we have created. And most of all, sevelt infers that the president is not to CO2, which causes all the extra heat. The air, dismiss the notion that ’’it is not your prob- blame, it is the politicians below him that do in many places, is not very clean because of lem.’’ The problems are here, they are real, not allow him to make change. I believe that air pollution and smog. Some factories use and they are now. This world is our home, the government as a whole should be con- green energy so they do not put out as much let’s treat it like one. pollution as other factories. cerned with the outcome of such a poor econ- Deforestation, caused by logging, farming, omy. For example, jobs are extremely lim- mining, and development is also another im- ited, leaving unemployment rates higher EMIL KOENIG, VERMONT COMMONS SCHOOL, mense problem that needs to be addressed. than the United States have seen in years. GRADE 12 (FINALIST) Rain forests are being cut down at an alarm- The unemployed are finding it hard to live ing rate. These rainforests need to be pro- comfortably on the current unemployment This past year has posed many serious na- tected. Madagascar has lost 95% of its benefits. Therefore, the government, as a tional security and foreign policy challenges rainforests. Sumatra only has 15% of its whole, should be focused on extending unem- for the United States. The nation encoun- rainforests left. The Atlantic coast of Brazil ployment benefits to those in need. Citizens tered various issues like the Edward has lost 90–95% of its rainforest (Mongabay). are suffering because of the poor economy Snowden’s NSA leaks, chemical weapons Rainforests are important because they pro- and the government needs to take action to uses in the Syrian civil war, and a govern- vide a habitat for plants and animals, they avoid this. ment closing. While all of these issues are

VerDate Mar 15 2010 06:02 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.043 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S521 significant and have captured the headlines so that the oil or gas flows to the surface. Tonight, this chamber speaks with of the news media, we must also keep in The use of fracking has jumped to 25% of oil one voice to the people we represent: it mind the small issues that can potentially production, up from 1% in 2000. It has is you, our citizens, who make the transform into global conflicts. spurred hopes of an energy independent state of our Union strong. Currently, for example, one of the seem- United States, but there are many draw- Here are the results of your efforts: ingly more exotic issues threatening world backs, especially where the environment is peace involves the disputed Diaoyu (or concerned. Fracking endangers plants, live- The lowest unemployment rate in over Senkaku) Islands in the South China Sea. stock, and most importantly, human beings. 5 years. A rebounding housing market. Although these barren rocks might seem Refusal or reluctance to crack down on the A manufacturing sector that’s adding truly worthless, as they are uninhabited and fracking industry could seriously harm the jobs for the first time since the 1990s. lack natural resources, this fact did not stop health of the United States and its people. More oil produced at home than we buy China, Japan or South Korea from staking We must not let ourselves be lured by the from the rest of the world—the first conflicting claims and angrily criticizing economic benefits of fracking, and instead time that’s happened in nearly 20 each other, escalating a small territorial must examine it closely to determine if en- years. Our deficits—cut by more than issue into a potentially larger crisis. While ergy independence is worth the risk. China flaunts its growing dominance in the Of the 750 chemicals that can be used in half. And for the first time in over a region, the South Koreans and Japanese re- fracking fluid, 29 are carcinogens. In Wyo- decade, business leaders around the ject Beijing’s territorial claims. ming, Pennsylvania and other states, these world have declared that China is no In my conversations with various Chinese chemicals have contaminated drinking water longer the world’s number one place to people during my last year studying abroad in residential areas. If there is no way to invest; America is. in Beijing, most people strongly sided with change the chemical makeup of fracking That’s why I believe this can be a their government’s territorial claims. In al- fluid or illegalize fracking completely, mak- breakthrough year for America. After 5 ing sure the fracking industry is subject to most the same breath, they catalogued a years of grit and determined effort, the long list of grievances from the turbulent strict regulation is the next best course of history of Sino-Japanese relations. Many action. United States is better-positioned for still vividly recalled earlier atrocities, such Progress is being made, however. The the 21st century than any other nation as the ‘‘Rape of Nanjing,’’ When Japanese FRAC (Fracturing Responsibility and Aware- on Earth. troops stormed Nanjing, raping women and ness of Chemicals) Act was introduced in The question for everyone in this burying people alive. 2011, which shows that the issue has caught chamber, running through every deci- Chinese authorities play on these popular the attention of Congress. However, both the sion we make this year, is whether we fears, disseminating propaganda that blames House and Senate versions have yet to be are going to help or hinder this Japan for countless issues. Debates about passed. These bills need to be brought back to the attention of Congress, because as long progress. For several years now, this truly useless ocean rocks, therefore, become town has been consumed by a ran- conflated with deeply felt passions from the as the fracking industry is not subject to the past, which is why it is important to under- same regulation as every other, the natural corous argument over the proper size of stand the cultural and historical back- environment and citizens of the United the Federal Government. It’s an impor- grounds of various conflicts in order to re- States will continue to be at risk.∑ tant debate—one that dates back to solve them. f our very founding. But when that de- Because the situation now brewing in the bate prevents us from carrying out REPORT ON THE STATE OF THE South China Sea stems from deeply felt cul- even the most basic functions of our UNION DELIVERED TO A JOINT tural and historical origins, the situation is democracy—when our differences shut SESSION OF CONGRESS ON JANU- extremely volatile. When the United States down government or threaten the full flew two bombers over the islands to dem- ARY 28, 2014—PM 27 faith and credit of the United States— onstrate close ties with Japan, we may have The PRESIDING OFFICER laid be- raised the level of tension to a still higher then we are not doing right by the level. Following the flights by our bombers, fore the Senate the following message American people. the Chinese, the Japanese, and the Koreans from the President of the United As President, I’m committed to mak- all sent planes to fly over the islands, to States, together with an accompanying ing Washington work better, and re- demonstrate their respective ownership report; which was ordered to lie on the building the trust of the people who claims over of the islands. table: sent us here. I believe most of you are, As a nation, if we want to avoid potential too. Last month, thanks to the work of wars, the government should consider more To the Congress of the United States: peaceful options, such as encouraging nego- Mr. Speaker, Mr. Vice President, Democrats and Republicans, this Con- tiations, before sending in war planes. The Members of Congress, my fellow Amer- gress finally produced a budget that government must practice more diplomatic icans: undoes some of last year’s severe cuts conversations with Chinese, Japanese and Today in America, a teacher spent to priorities like education. Nobody Korean partners in order to reduce the likeli- extra time with a student who needed got everything they wanted, and we hood of war. Flying war planes over disputed it, and did her part to lift America’s can still do more to invest in this coun- islands never solves issues; it mainly risks graduation rate to its highest level in try’s future while bringing down our causing more tensions. deficit in a balanced way. But the In sum, to avoid international incidents, more than three decades. the United States must practice a more re- An entrepreneur flipped on the lights budget compromise should leave us sponsible system of foreign policy. The ten- in her tech startup, and did her part to freer to focus on creating new jobs, not sion of the East Asian region is only one ex- add to the more than eight million new creating new crises. ample of when America used force prior to jobs our businesses have created over In the coming months, let’s see engaging in other forms of international the past 4 years. where else we can make progress to- communication. Instead, the US government An autoworker fine-tuned some of gether. Let’s make this a year of ac- must assess historical and cultural back- the best, most fuel-efficient cars in the tion. That’s what most Americans grounds of various conflicts and first try to world, and did his part to help America want—for all of us in this chamber to resolve them through peaceful means, rather wean itself off foreign oil. focus on their lives, their hopes, their than skyrocket the likelihood of starting wars. A farmer prepared for the spring aspirations. And what I believe unites after the strongest five-year stretch of the people of this Nation, regardless of ABIGAIL MORRIS, CHAMPLAIN VALLEY UNION farm exports in our history. A rural race or region or party, young or old, HIGH SCHOOL, GRADE 11 (FINALIST) doctor gave a young child the first pre- rich or poor, is the simple, profound be- Many United States issues have been the scription to treat asthma that his lief in opportunity for all—the notion subject of attention from the media, citizens mother could afford. A man took the that if you work hard and take respon- and officials. However, in my opinion the en- bus home from the graveyard shift, sibility, you can get ahead. vironmental issues in the US have not had bone-tired but dreaming big dreams for Let’s face it: that belief has suffered their share of the spotlight. Small measures, his son. And in tight-knit communities some serious blows. Over more than whether involving policy or simple publicity, across America, fathers and mothers three decades, even before the Great could change the US environment for the will tuck in their kids, put an arm Recession hit, massive shifts in tech- better. One of these measures is increased regulation of the fracking industry. around their spouse, remember fallen nology and global competition had Hydraulic fracturing or ‘‘fracking’’ is the comrades, and give thanks for being eliminated a lot of good, middle-class process of gathering oil by forcing highly home from a war that, after 12 long jobs, and weakened the economic foun- pressurized fluid into oil or gas formations, years, is finally coming to an end. dations that families depend on.

VerDate Mar 15 2010 06:02 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JA6.043 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE S522 CONGRESSIONAL RECORD — SENATE January 28, 2014 Today, after 4 years of economic So let’s make that decision easier for ment to American energy. The all-of- growth, corporate profits and stock more companies. Both Democrats and the-above energy strategy I announced prices have rarely been higher, and Republicans have argued that our tax a few years ago is working, and today, those at the top have never done bet- code is riddled with wasteful, com- America is closer to energy independ- ter. But average wages have barely plicated loopholes that punish busi- ence than we’ve been in decades. budged. Inequality has deepened. Up- nesses investing here, and reward com- One of the reasons why is natural ward mobility has stalled. The cold, panies that keep profits abroad. Let’s gas—if extracted safely, it’s the bridge hard fact is that even in the midst of flip that equation. Let’s work together fuel that can power our economy with recovery, too many Americans are to close those loopholes, end those in- less of the carbon pollution that causes working more than ever just to get centives to ship jobs overseas, and climate change. Businesses plan to in- by—let alone get ahead. And too many lower tax rates for businesses that cre- vest almost $100 billion in new fac- still aren’t working at all. ate jobs here at home. tories that use natural gas. I’ll cut red Our job is to reverse these trends. It Moreover, we can take the money we tape to help States get those factories won’t happen right away, and we won’t save with this transition to tax reform built, and this Congress can help by agree on everything. But what I offer to create jobs rebuilding our roads, up- putting people to work building fueling tonight is a set of concrete, practical grading our ports, unclogging our com- stations that shift more cars and proposals to speed up growth, strength- mutes—because in today’s global econ- trucks from foreign oil to American en the middle class, and build new lad- omy, first-class jobs gravitate to first- natural gas. My Administration will ders of opportunity into the middle class infrastructure. We’ll need Con- keep working with the industry to sus- class. Some require Congressional ac- gress to protect more than three mil- tain production and job growth while tion, and I’m eager to work with all of lion jobs by finishing transportation strengthening protection of our air, and waterways bills this summer. But I you. But America does not stand still— our water, and our communities. And will act on my own to slash bureauc- and neither will I. So wherever and while we’re at it, I’ll use my authority racy and streamline the permitting whenever I can take steps without leg- to protect more of our pristine Federal process for key projects, so we can get islation to expand opportunity for lands for future generations. more construction workers on the job more American families, that’s what It’s not just oil and natural gas pro- as fast as possible. I’m going to do. We also have the chance, right now, duction that’s booming; we’re becom- As usual, our First Lady sets a good to beat other countries in the race for ing a global leader in solar, too. Every example. Michelle’s Let’s Move part- the next wave of high-tech manufac- 4 minutes, another American home or nership with schools, businesses, and turing jobs. My Administration has business goes solar; every panel local leaders has helped bring down launched two hubs for high-tech manu- pounded into place by a worker whose childhood obesity rates for the first facturing in Raleigh and Youngstown, job can’t be outsourced. Let’s continue time in 30 years—an achievement that where we’ve connected businesses to that progress with a smarter tax policy will improve lives and reduce health research universities that can help that stops giving $4 billion a year to care costs for decades to come. The America lead the world in advanced fossil fuel industries that don’t need it, Joining Forces alliance that Michelle technologies. Tonight, I’m announcing so that we can invest more in fuels of and Jill Biden launched has already en- we’ll launch six more this year. Bipar- the future that do. couraged employers to hire or train tisan bills in both houses could double And even as we’ve increased energy nearly 400,000 veterans and military the number of these hubs and the jobs production, we’ve partnered with busi- spouses. Taking a page from that play- they create. So get those bills to my nesses, builders, and local communities book, the White House just organized a desk and put more Americans back to to reduce the energy we consume. College Opportunity Summit where al- work. When we rescued our automakers, for ready, 150 universities, businesses, and Let’s do more to help the entre- example, we worked with them to set nonprofits have made concrete com- preneurs and small business owners higher fuel efficiency standards for our mitments to reduce inequality in ac- who create most new jobs in America. cars. In the coming months, I’ll build cess to higher education—and help Over the past 5 years, my Administra- on that success by setting new stand- every hardworking kid go to college tion has made more loans to small ards for our trucks, so we can keep and succeed when they get to campus. business owners than any other. And driving down oil imports and what we Across the country, we’re partnering when 98% of our exporters are small pay at the pump. with mayors, governors, and state leg- businesses, new trade partnerships Taken together, our energy policy is islatures on issues from homelessness with Europe and the Asia-Pacific will creating jobs and leading to a cleaner, to marriage equality. help them create more jobs. We need to safer planet. Over the past 8 years, the The point is, there are millions of work together on tools like bipartisan United States has reduced our total Americans outside Washington who are trade promotion authority to protect carbon pollution more than any other tired of stale political arguments, and our workers, protect our environment, nation on Earth. But we have to act are moving this country forward. They and open new markets to new goods with more urgency—because a chang- believe, and I believe, that here in stamped ‘‘Made in the USA.’’ China ing climate is already harming western America, our success should depend not and Europe aren’t standing on the side- communities struggling with drought, on accident of birth, but the strength lines. Neither should we. and coastal cities dealing with floods. of our work ethic and the scope of our We know that the nation that goes That’s why I directed my Administra- dreams. That’s what drew our forebears all-in on innovation today will own the tion to work with States, utilities, and here. It’s how the daughter of a factory global economy tomorrow. This is an others to set new standards on the worker is CEO of America’s largest edge America cannot surrender. Feder- amount of carbon pollution our power automaker; how the son of a barkeeper ally-funded research helped lead to the plants are allowed to dump into the is Speaker of the House; how the son of ideas and inventions behind Google and air. The shift to a cleaner energy econ- a single mom can be President of the smartphones. That’s why Congress omy won’t happen overnight, and it greatest nation on Earth. Opportunity should undo the damage done by last will require tough choices along the is who we are. And the defining project year’s cuts to basic research so we can way. But the debate is settled. Climate of our generation is to restore that unleash the next great American dis- change is a fact. And when our chil- promise. covery—whether it’s vaccines that stay dren’s children look us in the eye and We know where to start: the best ahead of drug-resistant bacteria, or ask if we did all we could to leave them measure of opportunity is access to a paper-thin material that’s stronger a safer, more stable world, with new good job. With the economy picking up than steel. And let’s pass a patent re- sources of energy, I want us to be able speed, companies say they intend to form bill that allows our businesses to to say yes, we did. hire more people this year. And over stay focused on innovation, not costly, Finally, if we are serious about eco- half of big manufacturers say they’re needless litigation. nomic growth, it is time to heed the thinking of insourcing jobs from Now, one of the biggest factors in call of business leaders, labor leaders, abroad. bringing more jobs back is our commit- faith leaders, and law enforcement—

VerDate Mar 15 2010 04:59 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.022 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S523 and fix our broken immigration sys- are the face of the unemployment cri- just as we worked with States to re- tem. Republicans and Democrats in the sis,’’ she wrote. ‘‘I am not dependent on form our schools, this year, we’ll invest Senate have acted. I know that mem- the government. . . . Our country de- in new partnerships with States and bers of both parties in the House want pends on people like us who build ca- communities across the country in a to do the same. Independent econo- reers, contribute to society . . . care race to the top for our youngest chil- mists say immigration reform will about our neighbors . . . I am confident dren. And as Congress decides what it’s grow our economy and shrink our defi- that in time I will find a job . . . I will going to do, I’m going to pull together cits by almost $1 trillion in the next pay my taxes, and we will raise our a coalition of elected officials, business two decades. And for good reason: children in their own home in the com- leaders, and philanthropists willing to When people come here to fulfill their munity we love. Please give us this help more kids access the high-quality dreams—to study, invent, and con- chance.’’ pre-K they need. tribute to our culture—they make our Congress, give these hardworking, re- Last year, I also pledged to connect country a more attractive place for sponsible Americans that chance. They 99 percent of our students to high-speed businesses to locate and create jobs for need our help, but more important, broadband over the next 4 years. To- everyone. So let’s get immigration re- this country needs them in the game. night, I can announce that with the form done this year. That’s why I’ve been asking CEOs to support of the FCC and companies like The ideas I’ve outlined so far can give more long-term unemployed work- Apple, Microsoft, Sprint, and Verizon, speed up growth and create more jobs. ers a fair shot at that new job and new we’ve got a down payment to start con- But in this rapidly-changing economy, chance to support their families; this necting more than 15,000 schools and 20 we have to make sure that every Amer- week, many will come to the White million students over the next 2 years, ican has the skills to fill those jobs. House to make that commitment real. without adding a dime to the deficit. The good news is, we know how to do Tonight, I ask every business leader in We’re working to redesign high it. Two years ago, as the auto industry America to join us and to do the schools and partner them with colleges came roaring back, Andra Rush opened same—because we are stronger when and employers that offer the real-world up a manufacturing firm in Detroit. America fields a full team. education and hands-on training that She knew that Ford needed parts for Of course, it’s not enough to train to- can lead directly to a job and career. the best-selling truck in America, and day’s workforce. We also have to pre- We’re shaking up our system of higher she knew how to make them. She just pare tomorrow’s workforce, by guaran- education to give parents more infor- needed the workforce. So she dialed up teeing every child access to a world- mation, and colleges more incentives what we call an American Job Center— class education. to offer better value, so that no middle- places where folks can walk in to get Estiven Rodriguez couldn’t speak a class kid is priced out of a college edu- the help or training they need to find a word of English when he moved to New cation. We’re offering millions the op- new job, or better job. She was flooded York City at age nine. But last month, portunity to cap their monthly student with new workers. And today, Detroit thanks to the support of great teachers loan payments to 10 percent of their in- Manufacturing Systems has more than and an innovative tutoring program, he come, and I want to work with Con- 700 employees. led a march of his classmates—through gress to see how we can help even more What Andra and her employees expe- a crowd of cheering parents and neigh- Americans who feel trapped by student. rienced is how it should be for every bors—from their high school to the loan debt. And I’m reaching out to employer—and every job seeker. So to- post office, where they mailed off their some of America’s leading foundations night, I’ve asked Vice President BIDEN college applications. And this son of a and corporations on a new initiative to to lead an across-the-board reform of factory worker just found out he’s help more young men of color facing America’s training programs to make going to college this fall. tough odds stay on track and reach sure they have one mission: Train Five years ago, we set out to change their full potential. Americans with the skills employers the odds for all our kids. We worked The bottom line is, Michelle and I need, and match them to good jobs with lenders to reform student loans, want every child to have the same that need to be filled right now. That and today, more young people are earn- chance this country gave us. But we means more on-the-job training, and ing college degrees than ever before. know our opportunity agenda won’t be more apprenticeships that set a young Race to the Top, with the help of gov- complete—and too many young people worker on an upward trajectory for ernors from both parties, has helped entering the workforce today will see life. It means connecting companies to States raise expectations and perform- the American Dream as an empty community colleges that can help de- ance. Teachers and principals in promise—unless we do more to make sign training to fill their specific schools from Tennessee to Washington, sure our economy honors the dignity of needs. And if Congress wants to help, D.C. are making big strides in pre- work, and hard work pays off for every you can concentrate funding on proven paring students with skills for the new single American. programs that connect more ready-to- economy—problem solving, critical Today, women make up about half work Americans with ready-to-be-filled thinking, science, technology, engi- our workforce. But they still make 77 jobs. neering, and math. Some of this change cents for every dollar a man earns. I’m also convinced we can help Amer- is hard. It requires everything from That is wrong, and in 2014, it’s an em- icans return to the workforce faster by more challenging curriculums and barrassment. A woman deserves equal reforming unemployment insurance so more demanding parents to better sup- pay for equal work. She deserves to that it’s more effective in today’s econ- port for teachers and new ways to have a baby without sacrificing her omy. But first, this Congress needs to measure how well our kids think, not job. A mother deserves a day off to care restore the unemployment insurance how well they can fill in a bubble on a for a sick child or sick parent without you just let expire for 1.6 million peo- test. But it’s worth it—and it’s work- running into hardship—and you know ple. ing. what, a father does, too. It’s time to do Let me tell you why. The problem is we’re still not reach- away with workplace policies that be- Misty DeMars is a mother of two ing enough kids, and we’re not reach- long in a ‘‘Mad Men’’ episode. This young boys. She’d been steadily em- ing them in time. That has to change. year, let’s all come together—Congress, ployed since she was a teenager. She Research shows that one of the best the White House, and businesses from put herself through college. She’d investments we can make in a child’s Wall Street to Main Street—to give never collected unemployment bene- life is high-quality early education. every woman the opportunity she de- fits. In May, she and her husband used Last year, I asked this Congress to help serves. Because I firmly believe when their life savings to buy their first States make high-quality pre-K avail- women succeed, America succeeds. home. A week later, budget cuts able to every four-year-old. As a parent Now, women hold a majority of claimed the job she loved. Last month, as well as a President, I repeat that re- lower-wage jobs—but they’re not the when their unemployment insurance quest tonight. But in the meantime, 30 only ones stifled by stagnant wages. was cut off, she sat down and wrote me states have raised pre-K funding on Americans understand that some peo- a letter—the kind I get every day. ‘‘We their own. They know we can’t wait. So ple will earn more than others, and we

VerDate Mar 15 2010 06:02 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.023 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE S524 CONGRESSIONAL RECORD — SENATE January 28, 2014 don’t resent those who, by virtue of nest egg. MyRA guarantees a decent comes to covering his commonwealth’s their efforts, achieve incredible suc- return with no risk of losing what you families. ‘‘They are our friends and cess. But Americans overwhelmingly put in. And if this Congress wants to neighbors,’’ he said. ‘‘They are people agree that no one who works full time help, work with me to fix an upside- we shop and go to church with—farm- should ever have to raise a family in down tax code that gives big tax breaks ers out on the tractors—grocery poverty. to help the wealthy save, but does lit- clerks—they are people who go to work In the year since I asked this Con- tle to nothing for middle-class Ameri- every morning praying they don’t get gress to raise the minimum wage, five cans. Offer every American access to sick. No one deserves to live that States have passed laws to raise theirs. an automatic IRA on the job, so they way.’’ Many businesses have done it on their can save at work just like everyone in Steve’s right. That’s why, tonight, I own. Nick Chute is here tonight with this Chamber can. And since the most ask every American who knows some- his boss, John Soranno. John’s an important investment many families one without health insurance to help owner of Punch Pizza in Minneapolis, make is their home, send me legisla- them get covered by March 31st. Moms, and Nick helps make the dough. Only tion that protects taxpayers from foot- get on your kids to sign up. Kids, call now he makes more of it: John just ing the bill for a housing crisis ever your mom and walk her through the gave his employees a raise, to ten again, and keeps the dream of home- application. It will give her some peace bucks an hour—a decision that eased ownership alive for future generations of mind—plus, she’ll appreciate hearing their financial stress and boosted their of Americans. from you. morale. One last point on financial security. After all, that’s the spirit that has Tonight, I ask more of America’s For decades, few things exposed hard- always moved this Nation forward. It’s business leaders to follow John’s lead working families to economic hardship the spirit of citizenship—the recogni- and do what you can to raise your em- more than a broken health care sys- tion that through hard work and re- ployees’ wages. To every mayor, gov- tem. And in case you haven’t heard, sponsibility, we can pursue our indi- ernor, and state legislator in America, we’re in the process of fixing that. vidual dreams, but still come together I say, you don’t have to wait for Con- A pre-existing condition used to as one American family to make sure gress to act; Americans will support mean that someone like Amanda Shel- the next generation can pursue its you if you take this on. And as a chief ley, a physician assistant and single dreams as well. executive, I intend to lead by example. mom from Arizona, couldn’t get health Citizenship means standing up for ev- Profitable corporations like Costco see insurance. But on January 1st, she got eryone’s right to vote. Last year, part higher wages as the smart way to boost covered. On January 3rd, she felt a of the Voting Rights Act was weak- productivity and reduce turnover. We sharp pain. On January 6th, she had ened. But conservative Republicans should too. In the coming weeks, I will emergency surgery. Just one week ear- and liberal Democrats are working to- issue an Executive Order requiring lier, Amanda said, that surgery gether to strengthen it; and the bipar- Federal contractors to pay their feder- would’ve meant bankruptcy. tisan commission I appointed last year ally-funded employees a fair wage of at That’s what health insurance reform has offered reforms so that no one has least $10.10 an hour—because if you is all about—the peace of mind that if to wait more than a half hour to vote. cook our troops’ meals or wash their misfortune strikes, you don’t have to Let’s support these efforts. It should be dishes, you shouldn’t have to live in lose everything. the power of our vote, not the size of poverty. Already, because of the Affordable our bank account, that drives our de- Of course, to reach millions more, Care Act, more than 3 million Ameri- mocracy. Congress needs to get on board. Today, cans under age 26 have gained coverage Citizenship means standing up for the Federal minimum wage is worth under their parents’ plans. the lives that gun violence steals from about 20 percent less than it was when More than nine million Americans us each day. I have seen the courage of Ronald Reagan first stood here. TOM have signed up for private health insur- parents, students, pastors, and police HARKIN and GEORGE MILLER have a bill ance or Medicaid coverage. officers all over this country who say to fix that by lifting the minimum And here’s another number: zero. Be- ‘‘we are not afraid,’’ and I intend to wage to $10.10. This will help families. cause of this law, no American can ever keep trying, with or without Congress, It will give businesses customers with again be dropped or denied coverage for to help stop more tragedies from vis- more money to spend. It doesn’t in- a preexisting condition like asthma, iting innocent Americans in our movie volve any new bureaucratic program. back pain, or cancer. No woman can theaters, shopping malls, or schools So join the rest of the country. Say ever be charged more just because she’s like Sandy Hook. yes. Give America a raise. a woman. And we did all this while Citizenship demands a sense of com- There are other steps we can take to adding years to Medicare’s finances, mon cause; participation in the hard help families make ends meet, and few keeping Medicare premiums flat, and work of self-government; an obligation are more effective at reducing inequal- lowering prescription costs for millions to serve to our communities. And I ity and helping families pull them- of seniors. know this chamber agrees that few selves up through hard work than the Now, I don’t expect to convince my Americans give more to their country Earned Income Tax Credit. Right now, Republican friends on the merits of than our diplomats and the men and it helps about half of all parents at this law. But I know that the American women of the United States Armed some point. But I agree with Repub- people aren’t interested in refighting Forces. licans like Senator RUBIO that it old battles. So again, if you have spe- Tonight, because of the extraor- doesn’t do enough for single workers cific plans to cut costs, cover more dinary troops and civilians who risk who don’t have kids, So let’s work to- people, and increase choice—tell Amer- and lay down their lives to keep us gether to strengthen the credit, reward ica what you’d do differently. Let’s see free, the United States is more secure. work, and help more Americans get if the numbers add up. But let’s not When I took office, nearly 180,000 ahead. have another forty-something votes to Americans were serving in Iraq and Af- Let’s do more to help Americans save repeal a law that’s already helping mil- ghanistan. Today, all our troops are for retirement. Today, most workers lions of Americans like Amanda. The out of Iraq. More than 60,000 of our don’t have a pension. A Social Security first forty were plenty. We got it. We troops have already come home from check often isn’t enough on its own. all owe it to the American people to Afghanistan. With Afghan forces now And while the stock market has dou- say what we’re for, not just what we’re in the lead for their own security, our bled over the last 5 years, that doesn’t against. troops have moved to a support role. help folks who don’t have 401Ks. That’s And if you want to know the real im- Together with our allies, we will com- why, tomorrow, I will direct the Treas- pact this law is having, just talk to plete our mission there by the end of ury to create a new way for working Governor Steve Beshear of Kentucky, this year, and America’s longest war Americans to start their own retire- who’s here tonight. Kentucky’s not the will finally be over. ment savings: MyRA. It’s a new savings most liberal part of the country, but After 2014, we will support a unified bond that encourages folks to build a he’s like a man possessed when it Afghanistan as it takes responsibility

VerDate Mar 15 2010 04:59 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.024 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S525 for its own future. If the Afghan gov- more than 50 countries to prevent nu- new markets, to free people from fear ernment signs a security agreement clear materials from falling into the and want. And no one is better posi- that we have negotiated, a small force wrong hands, and allowed us to reduce tioned to take advantage of those op- of Americans could remain in Afghani- our own reliance on Cold War stock- portunities than America. stan with NATO allies to carry out two piles. American diplomacy, backed by Our alliance with Europe remains the narrow missions: training and assisting the threat of force, is why Syria’s strongest the world has ever known. Afghan forces, and counterterrorism chemical weapons are being elimi- From Tunisia to Burma, we’re sup- operations to pursue any remnants of nated, and we will continue to work porting those who are willing to do the al Qaeda. For while our relationship with the international community to hard work of building democracy. In with Afghanistan will change, one usher in the future the Syrian people Ukraine, we stand for the principle thing will not: our resolve that terror- deserve—a future free of dictatorship, that all people have the right to ex- ists do not launch attacks against our terror and fear. As we speak, American press themselves freely and peacefully, country. diplomacy is supporting Israelis and and have a say in their country’s fu- The fact is, that danger remains. Palestinians as they engage in difficult ture. Across Africa, we’re bringing to- While we have put al Qaeda’s core lead- but necessary talks to end the conflict gether businesses and governments to ership on a path to defeat, the threat there; to achieve dignity and an inde- double access to electricity and help has evolved, as al Qaeda affiliates and pendent state for Palestinians, and end extreme poverty. In the Americas, other extremists take root in different lasting peace and security for the State we are building new ties of commerce, parts of the world. In Yemen, Somalia, of Israel—a Jewish state that knows but we’re also expanding cultural and Iraq, and Mali, we have to keep work- America will always be at their side. educational exchanges among young ing with partners to disrupt and dis- And it is American diplomacy, people. And we will continue to focus able these networks. In Syria, we’ll backed by pressure, that has halted the on the Asia-Pacific, where we support support the opposition that rejects the progress of Iran’s nuclear program— our allies, shape a future of greater se- agenda of terrorist networks. Here at and rolled parts of that program back— curity and prosperity, and extend a home, we’ll keep strengthening our de- for the very first time in a decade. As hand to those devastated by disaster— fenses, and combat new threats like we gather here tonight, Iran has begun as we did in the Philippines, when our cyberattacks. And as we reform our de- to eliminate its stockpile of higher lev- Marines and civilians rushed to aid fense budget, we have to keep faith els of enriched uranium. It is not in- those battered by a typhoon, and were with our men and women in uniform, stalling advanced centrifuges. Unprece- greeted with words like, ‘‘We will never and invest in the capabilities they need dented inspections help the world forget your kindness’’ and ‘‘God bless to succeed in future missions. verify, every day, that Iran is not America!’’ We have to remain vigilant. But I building a bomb. And with our allies We do these things because they help strongly believe our leadership and our and partners, we’re engaged in negotia- promote our long-term security. And security cannot depend on our military tions to see if we can peacefully we do them because we believe in the alone. As Commander in Chief, I have achieve a goal we all share: preventing inherent dignity and equality of every used force when needed to protect the Iran from obtaining a nuclear weapon. human being, regardless of race or reli- American people, and I will never hesi- These negotiations will be difficult. gion, creed or sexual orientation. And tate to do so as long as I hold this of- They may not succeed. We are clear- next week, the world will see one ex- fice. But I will not send our troops into eyed about Iran’s support for terrorist pression of that commitment—when harm’s way unless it’s truly necessary; organizations like Hezbollah, which Team USA marches the red, white, and nor will I allow our sons and daughters threaten our allies; and the mistrust blue into the Olympic Stadium—and to be mired in open-ended conflicts. We between our nations cannot be wished brings home the gold. must fight the battles that need to be away. But these negotiations do not My fellow Americans, no other coun- fought, not those that terrorists prefer rely on trust; any long-term deal we try in the world does what we do. On from us—large-scale deployments that agree to must be based on verifiable ac- every issue, the world turns to us, not drain our strength and may ultimately tion that convinces us and the inter- simply because of the size of our econ- feed extremism. national community that Iran is not omy or our military might—but be- So, even as we aggressively pursue building a nuclear bomb. It John F. cause of the ideals we stand for, and terrorist networks—through more tar- Kennedy and Ronald Reagan could ne- the burdens we bear to advance them. geted efforts and by building the capac- gotiate with the Soviet Union, then No one knows this better than those ity of our foreign partners—America surely a strong and confident America who serve in uniform. As this time of must move off a permanent war foot- can negotiate with less powerful adver- war draws to a close, a new generation ing. That’s why I’ve imposed prudent saries today. of heroes returns to civilian life. We’ll limits on the use of drones—for we will The sanctions that we put in place keep slashing that backlog so our vet- not be safer if people abroad believe we helped make this opportunity possible. erans receive the benefits they’ve strike within their countries without But let me be clear: if this Congress earned, and our wounded warriors re- regard for the consequence. That’s sends me a new sanctions bill now that ceive the health care—including the why, working with this Congress, I will threatens to derail these talks, I will mental health care—that they need. reform our surveillance programs—be- veto it. For the sake of our national se- We’ll keep working to help all our vet- cause the vital work of our intelligence curity, we must give diplomacy a erans translate their skills and leader- community depends on public con- chance to succeed. If Iran’s leaders do ship into jobs here at home. And we all fidence, here and abroad, that the pri- not seize this opportunity, then I will continue to join forces to honor and vacy of ordinary people is not being be the first to call for more sanctions, support our remarkable military fami- violated. And with the Afghan war end- and stand ready to exercise all options lies. ing, this needs to be the year Congress to make sure Iran does not build a nu- Let me tell you about one of those lifts the remaining restrictions on de- clear weapon. But if Iran’s leaders do families I’ve come to know. tainee transfers and we close the prison seize the chance, then Iran could take I first met Cory Remsburg, a proud at Guantanamo Bay—because we an important step to rejoin the com- Army Ranger, at Omaha Beach on the counter terrorism not just through in- munity of nations, and we will have re- 65th anniversary of D-Day. Along with telligence and military action, but by solved one of the leading security chal- some of his fellow Rangers, he walked remaining true to our Constitutional lenges of our time without the risks of me through the program—a strong, im- ideals, and setting an example for the war. pressive young man, with an easy man- rest of the world. Finally, let’s remember that our ner, sharp as a tack. We joked around, You see, in a world of complex leadership is defined not just by our de- and took pictures, and T. told him to threats, our security and leadership de- fense against threats, but by the enor- stay in touch. pends on all elements of our power—in- mous opportunities to do good and pro- A few months later, on his tenth de- cluding strong and principled diplo- mote understanding around the globe— ployment, Cory was nearly killed by a macy. American diplomacy has rallied to forge greater cooperation, to expand massive roadside bomb in Afghanistan.

VerDate Mar 15 2010 04:59 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.025 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE S526 CONGRESSIONAL RECORD — SENATE January 28, 2014 His comrades found him in a canal, System land in Los Padres National Forest 2014; to the Committee on Banking, Housing, face down, underwater, shrapnel in his in California, and for other purposes. and Urban Affairs. EC–4446. A communication from the Gen- brain. f eral Counsel of the Federal Housing Finance For months, he lay in a coma. The MEASURES REFERRED Agency, transmitting, pursuant to law, the next time I met him, in the hospital, report of a rule entitled ‘‘Golden Parachute he couldn’t speak; he could barely The following bills were read the first Payments’’ (RIN2590–AA08) received during move. Over the years, he’s endured doz- and the second times by unanimous adjournment of the Senate in the Office of ens of surgeries and procedures, and consent, and referred as indicated: the President of the Senate on January 23, hours of grueling rehab every day. H.R. 1684. An act to convey certain prop- 2014; to the Committee on Banking, Housing, Even now, Cory is still blind in one erty to the State of Wyoming to consolidate and Urban Affairs. the historic Ranch A, and for other purposes; EC–4447. A communication from the Direc- eye. He still struggles on his left side. tor of Human Resources, Environmental Pro- But slowly, steadily, with the support to the Committee on Energy and Natural Re- sources. tection Agency, transmitting, pursuant to of caregivers like his dad Craig, and H.R. 2166. An act to direct the Secretary of law, three (3) reports relative to vacancies in the community around him, Cory has the Interior and Secretary of Agriculture to the Environmental Protection Agency, re- grown stronger. Day by day, he’s expedite access to certain Federal lands ceived during adjournment of the Senate in learned to speak again and stand again under the administrative jurisdiction of each the Office of the President of the Senate on and walk again—and he’s working to- Secretary for good Samaritan search-and-re- January 23, 2014; to the Committee on Envi- covery missions, and for other purposes; to ronment and Public Works. ward the day when he can serve his EC–4448. A communication from the Direc- the Committee on Energy and Natural Re- country again. tor, Office of Sustainable Fisheries, Depart- sources. ‘‘My recovery has not been easy,’’ he ment of Commerce, transmitting, pursuant H.R. 3008. An act to provide for the convey- to law, the report of a rule entitled ‘‘Endan- says. ‘‘Nothing in life that’s worth any- ance of a small parcel of National Forest thing is easy.’’ gered and Threatened Species; Designation System land in Los Padres National Forest of a Nonessential Experimental Population Cory is here tonight. And like the in California, and for other purposes; to the Army he loves, like the America he of Central Valley Spring-Run Chinook Salm- Committee on Energy and Natural Re- on Below Friant Dam in the San Joaquin serves, Sergeant First Class Cory sources. River, CA’’ (RIN0648–BC68) received in the Remsburg never gives up, and he does f Office of the President of the Senate on Jan- not quit. uary 15, 2014; to the Committee on Environ- My fellow Americans, men and MEASURES PLACED ON THE ment and Public Works. women like Cory remind us that Amer- CALENDAR EC–4449. A communication from the Chief ica has never come easy. Our freedom, The following bill was read the sec- of the Publications and Regulations Branch, our democracy, has never been easy. ond time, and placed on the calendar: Internal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the Sometimes we stumble; we make mis- S. 1963. A bill to repeal section 403 of the report of a rule entitled ‘‘Bond Premium takes; we get frustrated or discour- Bipartisan Budget Act of 2013. Carryforward’’ ((RIN1545–BL28) (TD 9653)) re- aged. But for more than 200 years, we f ceived in the Office of the President of the have put those things aside and placed Senate on January 16, 2014; to the Committee our collective shoulder to the wheel of EXECUTIVE AND OTHER on Finance. progress—to create and build and ex- COMMUNICATIONS EC–4450. A communication from the Chief of the Publications and Regulations Branch, pand the possibilities of individual The following communications were Internal Revenue Service, Department of the achievement; to free other nations laid before the Senate, together with Treasury, transmitting, pursuant to law, the from tyranny and fear; to promote jus- accompanying papers, reports, and doc- report of a rule entitled ‘‘Sales-Based Royal- tice, and fairness, and equality under uments, and were referred as indicated: ties and Vendor Allowances’’ ((RIN1545–BI57) the law, so that the words set to paper EC–4441. A communication from the Acting (TD 9652)) received in the Office of the Presi- by our founders are made real for every Under Secretary of Defense (Personnel and dent of the Senate on January 16, 2014; to the citizen. The America we want for our Readiness), transmitting, pursuant to law, Committee on Finance. EC–4451. A communication from the Chief kids—a rising America where honest an interim response to the Conference Re- port 112–705 of the National Defense Author- of the Publications and Regulations Branch, work is plentiful and communities are Internal Revenue Service, Department of the strong; where prosperity is widely ization Act for 2013, Section 737; to the Com- mittee on Armed Services. Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Computation of, shared and opportunity for all lets us EC–4442. A communication from the Presi- and Rules Relating to, Medical Loss Ratio’’ go as far as our dreams and toil will dent of the United States of America, trans- ((RIN1545–BL05) (TD 9651)) received in the Of- take us—none of it is easy. But if we mitting, pursuant to law, a report relative to fice of the President of the Senate on Janu- work together; if we summon what is the continuation of the national emergency ary 16, 2014; to the Committee on Finance. best in us, with our feet planted firmly that was declared in Executive Order 12947 EC–4452. A communication from the Chief in today but our eyes cast towards to- with respect to terrorists who threaten to of the Publications and Regulations Branch, morrow—I know it’s within our reach. disrupt the Middle East peace process; to the Internal Revenue Service, Department of the Believe it. Committee on Banking, Housing, and Urban Treasury, transmitting, pursuant to law, the Affairs. report of a rule entitled ‘‘2014 Prevailing God bless you, and God bless the EC–4443. A communication from the Sec- United States of America. State Assumed Interest Rates’’ (Rev. Rul. retary of the Securities and Exchange Com- 2014–4) received in the Office of the President BARACK OBAMA. mission, transmitting, pursuant to law, the of the Senate on January 16, 2014; to the THE WHITE HOUSE, January 28, 2014. report of a rule entitled ‘‘Registration of Mu- Committee on Finance. f nicipal Advisors’’ (RIN3235–AK86) received in EC–4453. A communication from the Chief the Office of the President of the Senate on MESSAGE FROM THE HOUSE of the Publications and Regulations Branch, January 16, 2014; to the Committee on Bank- Internal Revenue Service, Department of the At 12:08 p.m., a message from the ing, Housing, and Urban Affairs. Treasury, transmitting, pursuant to law, the House of Representatives, delivered by EC–4444. A communication from the Chief report of a rule entitled ‘‘Exclusion from In- Mr. Novotny, one of its reading clerks, Counsel, Federal Emergency Management come of Payments to Care Providers from announced that the House passed the Agency, Department of Homeland Security, Medicaid Waiver Programs’’ (Notice 2014–7) transmitting, pursuant to law, the report of following bills, in which it requests the received in the Office of the President of the a rule entitled ‘‘Final Flood Elevation Deter- Senate on January 16, 2014; to the Committee concurrence of the Senate: minations’’ ((44 CFR Part 67) (Docket No. on Finance. H.R. 1684. An act to convey certain prop- FEMA–2013–0002)) received in the Office of EC–4454. A communication from the Chief erty to the State of Wyoming to consolidate the President of the Senate on January 15, of the Publications and Regulations Branch, the historic Ranch A, and for other purposes. 2014; to the Committee on Banking, Housing, Internal Revenue Service, Department of the H.R. 2166. An act to direct the Secretary of and Urban Affairs. Treasury, transmitting, pursuant to law, the the Interior and Secretary of Agriculture to EC–4445. A communication from the Gen- report of a rule entitled ‘‘Current Refundings expedite access to certain Federal lands eral Counsel of the Federal Housing Finance of Recovery Zone Facility Bonds’’ (Notice under the administrative jurisdiction of each Agency, transmitting, pursuant to law, the 2014–9) received in the Office of the President Secretary for good Samaritan search-and-re- report of a rule entitled ‘‘Executive Com- of the Senate on January 16, 2014; to the covery missions, and for other purposes. pensation’’ (RIN2590–AA12) received during Committee on Finance. H.R. 3008. An act to provide for the convey- adjournment of the Senate in the Office of EC–4455. A communication from the Acting ance of a small parcel of National Forest the President of the Senate on January 23, Assistant Secretary, Bureau of Political-

VerDate Mar 15 2010 04:59 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.025 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S527 Military Affairs, Department of State, trans- President of the Senate on January 15, 2014; that these nominations lie at the Sec- mitting, pursuant to law, an addendum to a to the Committee on Health, Education, retary’s desk for the information of certification, of the proposed sale or export Labor, and Pensions. Senators. of defense articles and/or defense services to f The PRESIDING OFFICER. Without a Middle East country regarding any possible objection, it is so ordered. affects such a sale might have relating to REPORTS OF COMMITTEES Israel’s Qualitative Military Edge over mili- Air Force nomination of Teresa G. Paris, tary threats to Israel (OSS–2014–0042); to the The following reports of committees to be Lieutenant Colonel. Committee on Foreign Relations. were submitted: Air Force nomination of Joel K. Warren, to EC–4456. A communication from the Assist- By Ms. CANTWELL, from the Committee be Lieutenant Colonel. ant Secretary, Legislative Affairs, Depart- on Indian Affairs, with an amendment in the Air Force nominations beginning with Jef- ment of State, transmitting, pursuant to nature of a substitute: frey P. Tan and ending with Cristalle A. Cox, law, a report relative to groups designated S. 611. A bill to make a technical amend- which nominations were received by the Sen- by the Secretary of State as Foreign Ter- ment to the T’uf Shur Bien Preservation ate and appeared in the Congressional rorist Organizations (OSS 2014–0043); to the Trust Area Act, and for other purposes Record on January 7, 2014. Committee on Foreign Relations. (Rept. No. 113–136). Air Force nominations beginning with EC–4457. A communication from the Assist- Robert D. Coxwell and ending with Scot L. ant Administrator, Bureau for Legislative f Williams, which nominations were received and Public Affairs, U.S. Agency for Inter- EXECUTIVE REPORTS OF by the Senate and appeared in the Congres- national Development (USAID), transmit- COMMITTEE sional Record on January 7, 2014. ting, pursuant to law, the Agency’s response Air Force nominations beginning with to the GAO report entitled ‘‘Central Amer- The following executive reports of Therese A. Bohusch and ending with James ica: U.S. Agencies Considered Various Fac- nominations were submitted: A. Stephenson, which nominations were re- tors in Funding Security Activities, but By Mr. LEVIN for the Committee on ceived by the Senate and appeared in the Need to Assess Progress in Achieving Inter- Armed Services. Congressional Record on January 9, 2014. agency Objectives’’; to the Committee on *Brad R. Carson, of Oklahoma, to be Under Air Force nominations beginning with Foreign Relations. Secretary of the Army. Richard T. Barker and ending with Ian P. EC–4458. A communication from the Assist- *William A. LaPlante, Jr., of Maryland, to Wiechert, which nominations were received ant Secretary, Legislative Affairs, Depart- be an Assistant Secretary of the Air Force. by the Senate and appeared in the Congres- ment of State, transmitting, pursuant to *Madelyn R. Creedon, of Indiana, to be sional Record on January 9, 2014. law, a report relative to section 36(c) of the Principal Deputy Administrator, National Air Force nominations beginning with Arms Export Control Act (DDTC 13–155); to Nuclear Security Administration. Jenara L. Allen and ending with Derrick A. the Committee on Foreign Relations. Air Force nomination of Col. Donald R. Zech, which nominations were received by EC–4459. A communication from the Assist- Lindberg, to be Brigadier General. the Senate and appeared in the Congres- ant Secretary, Legislative Affairs, Depart- Air Force nomination of Brig. Gen. Wil- sional Record on January 9, 2014. ment of State, transmitting, pursuant to liam D. Cobetto, to be Major General. Air Force nominations beginning with Erin law, twenty-nine (29) reports relative to va- Air Force nomination of Brig. Gen. Bart O. E. Artz and ending with Todd K. Zuber, cancies in the Department of State, received Iddins, to be Major General. which nominations were received by the Sen- in the Office of the President of the Senate Air Force nominations beginning with ate and appeared in the Congressional on January 16, 2014; to the Committee on Colonel Roy-Alan C. Agustin and ending Record on January 9, 2014. Foreign Relations. with Colonel Stephen C. Williams, which Air Force nominations beginning with EC–4460. A communication from the Chair- nominations were received by the Senate and Adam L. Ackerman and ending with Kristen man of the United States Nuclear Regu- appeared in the Congressional Record on P. Zeligs, which nominations were received latory Commission, transmitting, pursuant January 7, 2014. by the Senate and appeared in the Congres- to law, a report entitled ‘‘Report to Congress Air Force nominations beginning with sional Record on January 9, 2014. on the Current Disposition of Highly En- Colonel Dennis J. Gallegos and ending with Army nomination of David W. Bryant, to riched Uranium Exports Used as Fuel or Tar- Colonel John S. Tuohy, which nominations be Major. gets in Nuclear Research or Test Reactors’’; were received by the Senate and appeared in Army nominations beginning with Joseph to the Committee on Foreign Relations. B. Berger III and ending with William D. EC–4461. A communication from the Assist- the Congressional Record on January 9, 2014. Air Force nominations beginning with Smoot III, which nominations were received ant Legal Adviser for Treaty Affairs, Depart- by the Senate and appeared in the Congres- ment of State, transmitting, pursuant to the Colonel Paul D. Jacobs and ending with Colonel Andrew E. Salas, which nominations sional Record on January 7, 2014. Case-Zablocki Act, 1 U.S.C. 112b, as amended, Army nominations beginning with Joseph the report of the texts and background state- were received by the Senate and appeared in the Congressional Record on January 9, 2014. A. Anderson and ending with D011695, which ments of international agreements, other nominations were received by the Senate and than treaties (List 2014–0001—2014–0010); to Air Force nominations beginning with Brigadier General Jon K. Kelk and ending appeared in the Congressional Record on the Committee on Foreign Relations. January 9, 2014. EC–4462. A communication from the Execu- with Brigadier General Kenneth W. Wisian, Army nominations beginning with Victor tive Analyst, Office of the Secretary, Depart- which nominations were received by the Sen- M. Anda and ending with Joshua A. Worley, ment of Health and Human Services, trans- ate and appeared in the Congressional which nominations were received by the Sen- mitting, pursuant to law, four (4) reports rel- Record on January 9, 2014. ate and appeared in the Congressional ative to vacancies in the Department of Air Force nominations beginning with Record on January 9, 2014. Health and Human Services; to the Com- Brigadier General Daryl L. Bohac and ending Army nominations beginning with Tracy mittee on Health, Education, Labor, and with Brigadier General Robert S. Williams, K. Abenoja and ending with Daniel J. Yourk, Pensions. which nominations were received by the Sen- which nominations were received by the Sen- EC–4463. A communication from the Direc- ate and appeared in the Congressional ate and appeared in the Congressional tor of Regulations and Policy Management Record on January 9, 2014. Record on January 9, 2014. Staff, Food and Drug Administration, De- Air Force nominations beginning with Army nominations beginning with Harris partment of Health and Human Services, Brigadier General Christopher J. Bence and A. Abbasi and ending with David M. transmitting, pursuant to law, the report of ending with Brigadier General Mark W. Zupancic, which nominations were received a rule entitled ‘‘Medical Devices; Pediatric Westergren, which nominations were re- by the Senate and appeared in the Congres- Uses of Devices; Requirement for Submission ceived by the Senate and appeared in the sional Record on January 9, 2014. of Information on Pediatric Subpopulations Congressional Record on January 9, 2014. Army nominations beginning with Stephen That Suffer From a Disease or Condition Air Force nomination of Col. Paul W. E. Forsyth, Jr. and ending with Eric J. Frye, That a Device Is Intended To Treat, Diag- Tibbets IV, to be Brigadier General. which nominations were received by the Sen- nose, or Cure’’ ((RIN0910–AG29) (Docket No. Army nomination of Lt. Gen. David D. Hal- ate and appeared in the Congressional FDA–2009–N–0458)) received during adjourn- verson, to be Lieutenant General. Record on January 16, 2014. ment of the Senate in the Office of the Presi- Army nomination of Col. Stuart W. Risch, dent of the Senate on January 17, 2014; to the to be Brigadier General, Judge Advocate *Nomination was reported with rec- Committee on Health, Education, Labor, and General’s Corps. ommendation that it be confirmed sub- Pensions. Mr. LEVIN. Mr. President, for the ject to the nominee’s commitment to EC–4464. A communication from the Dep- Committee on Armed Services I report respond to requests to appear and tes- uty General Counsel, Office of the General favorably the following nomination tify before any duly constituted com- Counsel, Pension Benefit Guaranty Corpora- tion, transmitting, pursuant to law, the re- lists which were printed in the RECORD mittee of the Senate. port of a rule entitled ‘‘Payment of Pre- on the dates indicated, and ask unani- (Nominations without an asterisk miums; Large-Plan Flat-Rate Premium’’ mous consent, to save the expense of were reported with the recommenda- (RIN1212–AB26) received in the Office of the reprinting on the Executive Calendar tion that they be confirmed.)

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A bill to amend the East Bench Ir- S. 1012 Revenue Code of 1986 to make perma- rigation District Water Contract Extension At the request of Mr. BLUNT, the nent certain small business tax provi- Act to permit the Secretary of the Interior name of the Senator from Virginia (Mr. sions, and for other purposes. to extend the contract for certain water WARNER) was added as a cosponsor of S. S. 1697 services; to the Committee on Energy and 1012, a bill to amend title XVIII of the At the request of Mr. HARKIN, the Natural Resources. By Mr. BARRASSO: Social Security Act to improve oper- name of the Senator from Maryland S. 1966. A bill to provide for the restoration ations of recovery auditors under the (Mr. CARDIN) was added as a cosponsor of the economic and ecological health of Na- Medicare integrity program, to in- of S. 1697, a bill to support early learn- tional Forest System land and rural commu- crease transparency and accuracy in ing. nities, and for other purposes; to the Com- audits conducted by contractors, and S. 1704 mittee on Energy and Natural Resources. for other purposes. At the request of Mr. DURBIN, the By Mr. BARRASSO: S. 1022 name of the Senator from Hawaii (Mr. S. 1967. A bill to provide for the manage- ment of certain inventoried roadless areas, At the request of Mr. BROWN, the SCHATZ) was added as a cosponsor of S. and for other purposes; to the Committee on names of the Senator from Arkansas 1704, a bill to expand the use of open Energy and Natural Resources. (Mr. PRYOR) and the Senator from Ar- textbooks in order to achieve savings By Mr. ALEXANDER (for himself, Mr. kansas (Mr. BOOZMAN) were added as for students. COATS, Mr. CORNYN, and Mr. VITTER): cosponsors of S. 1022, a bill to amend S. 1862 S. 1968. A bill to allow States to let Federal title 46, United States Code, to extend At the request of Mr. BLUNT, the funds for the education of disadvantaged the exemption from the fire-retardant name of the Senator from Arkansas children follow low-income children to the (Mr. BOOZMAN) was added as a cospon- accredited or otherwise State-approved pub- materials construction requirement for lic school, private school, or supplemental vessels operating within the Boundary sor of S. 1862, a bill to grant the Con- educational services program they attend; to Line. gressional Gold Medal, collectively, to the Committee on Health, Education, Labor, S. 1137 the Monuments Men, in recognition of and Pensions. At the request of Mr. WYDEN, the their heroic role in the preservation, f name of the Senator from Georgia (Mr. protection, and restitution of monu- ments, works of art, and artifacts of SUBMISSION OF CONCURRENT AND ISAKSON) was added as a cosponsor of S. cultural importance during and fol- SENATE RESOLUTIONS 1137, a bill to amend title XVIII of the Social Security Act to modernize pay- lowing World War II. The following concurrent resolutions ments for ambulatory surgical centers S. 1896 and Senate resolutions were read, and under the Medicare program, and for At the request of Mr. BROWN, the referred (or acted upon), as indicated: other purposes. name of the Senator from Minnesota By Mr. BLUMENTHAL (for himself, LOBUCHAR S. 1174 (Ms. K ) was added as a co- Mr. PORTMAN, and Mr. BOOKER): sponsor of S. 1896, a bill to amend the S. Res. 340. A resolution expressing the At the request of Mr. BLUMENTHAL, the names of the Senator from Wash- Internal Revenue Code of 1986 to extend sense of the Senate that all necessary meas- the new markets tax credit and provide ures should be taken to protect children in ington (Mrs. MURRAY) and the Senator designated allocations for areas im- the United States from human trafficking, from New Hampshire (Ms. AYOTTE) especially during the upcoming Super Bowl, were added as cosponsors of S. 1174, a pacted by a decline in manufacturing. an event around which many children are bill to award a Congressional Gold S. 1902 trafficked for sex; to the Committee on the Medal to the 65th Infantry Regiment, At the request of Mr. BARRASSO, the Judiciary. known as the Borinqueneers. name of the Senator from Alaska (Ms. f MURKOWSKI) was added as a cosponsor S. 1186 of S. 1902, a bill to require notification ADDITIONAL COSPONSORS At the request of Ms. WARREN, the of individuals of breaches of personally name of the Senator from Massachu- S. 162 identifiable information through Ex- setts (Mr. MARKEY) was added as a co- At the request of Mr. FRANKEN, the changes under the Patient Protection sponsor of S. 1186, a bill to reauthorize name of the Senator from Massachu- and Affordable Care Act. the Essex National Heritage Area. setts (Mr. MARKEY) was added as a co- S. 1923 S. 1406 sponsor of S. 162, a bill to reauthorize At the request of Mr. MANCHIN, the and improve the Mentally Ill Offender At the request of Ms. AYOTTE, the name of the Senator from Oklahoma Treatment and Crime Reduction Act of name of the Senator from Colorado (Mr. COBURN) was added as a cosponsor 2004. (Mr. UDALL) was added as a cosponsor of S. 1923, a bill to amend the Securi- S. 655 of S. 1406, a bill to amend the Horse ties Exchange Act of 1934 to exempt At the request of Mrs. GILLIBRAND, Protection Act to designate additional from registration brokers performing the name of the Senator from Oregon unlawful acts under the Act, strength- services in connection with the trans- (Mr. MERKLEY) was added as a cospon- en penalties for violations of the Act, fer of ownership of smaller privately sor of S. 655, a bill to amend the Work- improve Department of Agriculture en- held companies. forcement of the Act, and for other force Investment Act of 1998 to author- S. 1926 purposes. ize the Secretary of Labor to provide At the request of Mr. MENENDEZ, the grants for Urban Jobs Programs, and S. 1456 names of the Senator from Minnesota for other purposes. At the request of Ms. AYOTTE, the (Mr. FRANKEN), the Senator from Flor- S. 738 name of the Senator from Montana ida (Mr. NELSON) and the Senator from At the request of Mr. WICKER, the (Mr. TESTER) was added as a cosponsor South Carolina (Mr. GRAHAM) were name of the Senator from Arkansas of S. 1456, a bill to award the Congres- added as cosponsors of S. 1926, a bill to (Mr. BOOZMAN) was added as a cospon- sional Gold Medal to Shimon Peres. delay the implementation of certain sor of S. 738, a bill to grant the Sec- S. 1507 provisions of the Biggert-Waters Flood retary of the Interior permanent au- At the request of Mr. MORAN, the Insurance Reform Act of 2012 and to re- thority to authorize States to issue name of the Senator from Colorado form the National Association of Reg- electronic duck stamps, and for other (Mr. UDALL) was added as a cosponsor istered Agents and Brokers, and for purposes. of S. 1507, a bill to amend the Internal other purposes.

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S. 1950 Whereas the average age of victims at the SA 2699. Ms. AYOTTE (for herself, Mr. At the request of Mr. SANDERS, the time of their entry into sex trafficking is be- GRAHAM, and Mr. WICKER) submitted an names of the Senator from Alaska (Mr. tween just 12 and 14 years old; amendment intended to be proposed by her Whereas sex trafficking victims are often to the bill S. 1926, supra; which was ordered BEGICH), the Senator from Connecticut abducted or lured into running away by traf- to lie on the table. (Mr. BLUMENTHAL), the Senator from fickers; SA 2700. Mr. HELLER (for himself and Mr. Ohio (Mr. BROWN), the Senator from Whereas sex trafficking victims are rou- LEE) submitted an amendment intended to Montana (Mr. TESTER), the Senator tinely raped and beaten, and sometimes even be proposed by him to the bill S. 1926, supra; from Hawaii (Mr. SCHATZ) and the Sen- branded; which was ordered to lie on the table. ator from Louisiana (Ms. LANDRIEU) Whereas the vast majority of child victims SA 2701. Mr. REID (for Mr. HARKIN (for were added as cosponsors of S. 1950, a of sex trafficking are children from the fos- himself, Mr. ROBERTS, Mr. BAUCUS, and Mr. ter care system, where they have often been HATCH)) proposed an amendment to the bill bill to improve the provision of med- S. 1302, to amend the Employee Retirement ical services and benefits to veterans, failed by the officials entrusted to protect them; Income Security Act of 1974 and the Internal and for other purposes. Whereas instances of sex trafficking occur Revenue Code of 1986 to provide for coopera- S. 1956 in every state, and tens of thousands of men, tive and small employer charity pension At the request of Mr. SCHATZ, the women, and children are brought to the plans. SA 2702. Mrs. HAGAN (for herself and Mr. name of the Senator from Alaska (Mr. United States every year and exploited for PRYOR) submitted an amendment intended to sex and labor by traffickers; BEGICH) was added as a cosponsor of S. be proposed by her to the bill S. 1926, to Whereas it is widely recognized that the 1956, a bill to direct the Secretary of delay the implementation of certain provi- beloved American tradition of the Super Defense to review the discharge char- sions of the Biggert-Waters Flood Insurance Bowl, an event that draws tens of thousands acterization of former members of the Reform Act of 2012 and to reform the Na- of fans to the host city, like other major rec- tional Association of Registered Agents and Armed Forces who were discharged by reational events, leads to a surge in the sex reason of the sexual orientation of the Brokers, and for other purposes; which was trafficking of underage girls and boys in the ordered to lie on the table. member, and for other purposes. host city; and SA 2703. Mr. REED submitted an amend- S. CON. RES. 26 Whereas traffickers aggressively advertise ment intended to be proposed by him to the At the request of Mr. BLUMENTHAL, and sell sex trafficking victims on websites bill S. 1926, supra; which was ordered to lie the names of the Senator from New like Backpage.com during the Super Bowl in on the table. order to meet the increased demand from Jersey (Mr. MENENDEZ) and the Sen- SA 2704. Mr. RUBIO submitted an amend- visitors to the host city: Now, therefore, be ment intended to be proposed by him to the ator from Louisiana (Ms. LANDRIEU) it bill S. 1926, supra; which was ordered to lie were added as cosponsors of S. Con. Resolved, That it is the sense of the Senate on the table. Res. 26, a concurrent resolution recog- that— SA 2705. Mr. KING (for himself and Ms. nizing the need to improve physical ac- (1) law enforcement officers, the juvenile COLLINS) submitted an amendment intended cess to many federally funded facilities justice system, social services, and the pub- to be proposed by him to the bill S. 1926, for all people of the United States, par- lic should recognize and treat all children supra; which was ordered to lie on the table. ticularly people with disabilities. being trafficked for sex as victims of human SA 2706. Mr. WHITEHOUSE submitted an trafficking each and every day of the year; amendment intended to be proposed by him S. RES. 333 and to the bill S. 1926, supra; which was ordered At the request of Mr. TOOMEY, the (2) Federal and State law enforcement to lie on the table. name of the Senator from Indiana (Mr. agencies should take all necessary measures SA 2707. Mr. TOOMEY submitted an COATS) was added as a cosponsor of S. to protect children in the United States from amendment intended to be proposed by him Res. 333, a resolution strongly recom- harm, including arresting and prosecuting to the bill S. 1926, supra; which was ordered mending that the United States re- both traffickers and buyers of children for to lie on the table. sex in accordance with the applicable State SA 2708. Mrs. GILLIBRAND submitted an negotiate the return of the Iraqi Jew- amendment intended to be proposed by her ish Archive to Iraq. and Federal laws against child abuse, statu- tory rape, and human trafficking, particu- to the bill S. 1926, supra; which was ordered At the request of Mr. BLUMENTHAL, larly during the festivities surrounding to lie on the table. the name of the Senator from Pennsyl- Super Bowl XLVIII. SA 2709. Mr. MERKLEY submitted an vania (Mr. CASEY) was added as a co- amendment intended to be proposed by him f sponsor of S. Res. 333, supra. to the bill S. 1926, supra; which was ordered to lie on the table. S. RES. 339 AMENDMENTS SUBMITTED AND At the request of Mr. FRANKEN, the PROPOSED f name of the Senator from Florida (Mr. SA 2692. Mr. COBURN submitted an amend- TEXT OF AMENDMENTS NELSON) was added as a cosponsor of S. ment intended to be proposed by him to the Mr. COBURN submitted an bill S. 1926, to delay the implementation of SA 2692. Res. 339, a resolution commemorating amendment intended to be proposed by the 150th anniversary of Mayo Clinic. certain provisions of the Biggert-Waters Flood Insurance Reform Act of 2012 and to him to the bill S. 1926, to delay the im- f reform the National Association of Reg- plementation of certain provisions of SUBMITTED RESOLUTIONS istered Agents and Brokers, and for other the Biggert-Waters Flood Insurance purposes; which was ordered to lie on the Reform Act of 2012 and to reform the table. National Association of Registered SENATE RESOLUTION 340—EX- SA 2693. Mr. COBURN submitted an amend- Agents and Brokers, and for other pur- ment intended to be proposed by him to the PRESSING THE SENSE OF THE poses; which was ordered to lie on the SENATE THAT ALL NECESSARY bill S. 1926, supra; which was ordered to lie on the table. table; as follows: MEASURES SHOULD BE TAKEN SA 2694. Mr. COBURN submitted an amend- On page 9, line 8, strike ‘‘18 months’’ and TO PROTECT CHILDREN IN THE ment intended to be proposed by him to the insert ‘‘3 months’’. UNITED STATES FROM HUMAN bill S. 1926, supra; which was ordered to lie TRAFFICKING, ESPECIALLY DUR- on the table. SA 2693. Mr. COBURN submitted an ING THE UPCOMING SUPER SA 2695. Mr. COBURN submitted an amend- amendment intended to be proposed by BOWL, AN EVENT AROUND ment intended to be proposed by him to the him to the bill S. 1926, to delay the im- WHICH MANY CHILDREN ARE bill S. 1926, supra; which was ordered to lie plementation of certain provisions of on the table. TRAFFICKED FOR SEX the Biggert-Waters Flood Insurance SA 2696. Mr. COBURN submitted an amend- Reform Act of 2012 and to reform the Mr. BLUMENTHAL (for himself, Mr. ment intended to be proposed by him to the National Association of Registered bill S. 1926, supra; which was ordered to lie PORTMAN, and Mr. BOOKER) submitted Agents and Brokers, and for other pur- the following resolution; which was re- on the table. SA 2697. Mr. COBURN (for himself and Mr. poses; which was ordered to lie on the ferred to the Committee on the Judici- table; as follows: ary: MCCAIN) submitted an amendment intended to be proposed by him to the bill S. 1926, At the end of title I, insert the following: ES S. R . 340 supra; which was ordered to lie on the table. SEC. 110. PREDISASTER HAZARD MITIGATION Whereas according to the Federal Bureau SA 2698. Mr. BLUNT submitted an amend- FUNDING. of Investigation, an estimated 200,000 to ment intended to be proposed by him to the Section 203(g) of the Robert T. Stafford 300,000 children in the United States are at bill S. 1926, supra; which was ordered to lie Disaster Relief and Emergency Assistance risk of commercial sexual exploitation; on the table. Act (42 U.S.C. 5133(g)) is amended—

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(1) in paragraph (9), by striking ‘‘and’’ at SEC. lll. MORTGAGE INTEREST DEDUCTION ‘‘(B) EFFECTIVE DATE OF OPT-IN.—An elec- the end; ALLOWED WITH RESPECT TO BOATS tion by a State, as described in section (2) by redesignating paragraph (10) as para- ONLY IF BOAT IS USED AS THE PRIN- 333(9)(A), to participate in the Association CIPAL RESIDENCE OF THE TAX- graph (11); and PAYER. under subparagraph (A) shall take effect (3) by inserting after paragraph (9) the fol- (a) IN GENERAL.—Subclause (II) of section upon the enactment of the legislation indi- lowing: 163(h)(4)(A)(i) of the Internal Revenue Code cating such election. ‘‘(10) the number of properties in the State of 1986 is amended by inserting ‘‘(other than ‘‘(C) NOTIFICATION OF OPT-IN.—A State, as or in a community located in an area rep- a boat)’’ after ‘‘1 other residence of the tax- described in section 333(9)(A), that has elect- resented by the local government with a risk payer’’. ed to participate in the Association under premium rate for flood insurance coverage (b) EFFECTIVE DATE.— subparagraph (A) shall notify the Board and provided under the National Flood Insurance (1) IN GENERAL.—The amendment made by the primary insurance regulatory authority Program (as established under the National this section shall apply to indebtedness in- of each State of such election. Flood Insurance Act of 1968 (42 U.S.C. 4001 et curred after the date that is 3 months after In section 334 of subtitle C of title III of seq.)) of not less than $10,000 per year; and’’. the date of the enactment of this Act. the Gramm-Leach-Bliley Act, as added by (2) SPECIAL RULE FOR REFINANCINGS.—For section 202(a), strike paragraph (9) and insert SA 2694. Mr. COBURN submitted an purposes of this subsection, indebtedness re- the following: amendment intended to be proposed by sulting from the refinancing of indebtedness ‘‘(9) STATE.—The term ‘State’— him to the bill S. 1926, to delay the im- shall be treated as incurred on the date the ‘‘(A) means any State, the District of Co- refinanced indebtedness was incurred (taking lumbia, any territory of the United States, plementation of certain provisions of into account the application of this para- Puerto Rico, Guam, American Samoa, the the Biggert-Waters Flood Insurance graph in the case of multiple refinancings) Trust Territory of the Pacific Islands, the Reform Act of 2012 and to reform the but only to the extent the indebtedness re- Virgin Islands, and the Northern Mariana Is- National Association of Registered sulting from such refinancing does not ex- lands; and Agents and Brokers, and for other pur- ceed the refinanced indebtedness. ‘‘(B) does not include any State (as de- poses; which was ordered to lie on the scribed in subparagraph (A)) that has made SA 2697. Mr. COBURN (for himself table; as follows: an election not to participate in the Associa- and Mr. MCCAIN) submitted an amend- tion under section 330(c)(1). On page 5, line 3, after the period insert the ment intended to be proposed by him following: ‘‘The prohibition established to the bill S. 1926, to delay the imple- SA 2698. Mr. BLUNT submitted an under this paragraph shall not apply to any mentation of certain provisions of the amendment intended to be proposed by residential property which is not the pri- him to the bill S. 1926, to delay the im- mary residence of an individual or any busi- Biggert-Waters Flood Insurance Re- ness property.’’. form Act of 2012 and to reform the Na- plementation of certain provisions of tional Association of Registered the Biggert-Waters Flood Insurance SA 2695. Mr. COBURN submitted an Agents and Brokers, and for other pur- Reform Act of 2012 and to reform the amendment intended to be proposed by poses; which was ordered to lie on the National Association of Registered him to the bill S. 1926, to delay the im- table; as follows: Agents and Brokers, and for other pur- plementation of certain provisions of At the end of section 330 of subtitle C of poses; which was ordered to lie on the title III of the Gramm-Leach-Bliley Act, as table; as follows: the Biggert-Waters Flood Insurance added by section 202(a), insert the following: At the end of title I, add the following: Reform Act of 2012 and to reform the ‘‘(c) STATE OPT-OUT-RIGHTS.— National Association of Registered ‘‘(1) IN GENERAL.—Any State, as described SEC. 1ll. HOME IMPROVEMENT FAIRNESS. Agents and Brokers, and for other pur- in section 333(9)(A), may elect not to partici- Section 1307(a)(2)(E)(ii) of the National poses; which was ordered to lie on the pate in the Association, and insurance pro- Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(2)(E)(ii)) is amended by striking ‘‘30 table; as follows: ducers doing business in that State shall be subject to all otherwise applicable insur- percent’’ and inserting ‘‘50 percent’’. On page 6, between lines 4 and 5, insert the ance-related laws, rules, and regulations of following: that State. SA 2699. Ms. AYOTTE (for herself, (4) ELIMINATION OF OUTSTANDING SUBSIDIES ‘‘(2) PROCEDURE.—A State, as described in Mr. GRAHAM, and Mr. WICKER) sub- FOR PRE-FIRM PROPERTIES.— section 333(9)(A), that elects not to partici- mitted an amendment intended to be (A) ELIMINATION OF SUBSIDY.—Notwith- pate in the Association under paragraph (1) proposed by her to the bill S. 1926, to standing any other provision of law, upon shall do so by enacting legislation indicating delay the implementation of certain the expiration of the period set forth under such election. provisions of the Biggert-Waters Flood paragraph (3), the Administrator may not es- ‘‘(3) EFFECTIVE DATE OF OPT-OUT.— timate any risk premium rate for flood in- ‘‘(A) IN GENERAL.—Except as provided in Insurance Reform Act of 2012 and to re- surance for any property subject to para- subparagraph (B), the effective date of an form the National Association of Reg- graph (2) of section 1307(a) of the National election by a State, as described in section istered Agents and Brokers, and for Flood Insurance Act of 1968 (42 U.S.C. 333(9)(A), not to participate in the Associa- other purposes; which was ordered to 4014(a)(2)) and not otherwise described in tion under paragraph (1) is 2 years after the lie on the table; as follows: subparagraphs (A) through (E) of such para- date on which the State enacts legislation At the appropriate place, insert the fol- graph, if such rate is less than that esti- under paragraph (2). lowing: mated under paragraph (1) of such section ‘‘(B) IMMEDIATELY EFFECTIVE OPT-OUT.—An 1307(a). election by a State, as described in section SEC. ll. REPEAL OF REDUCTIONS MADE BY BI- PARTISAN BUDGET ACT OF 2013. (B) PHASE-IN OF CHARGEABLE RISK PREMIUM 333(9)(A), not to participate in the Associa- RATE.—Upon the expiration of the period set tion under paragraph (1) shall take effect (a) REPEALS.— forth under paragraph (3), the chargeable upon the enactment of legislation under (1) ADJUSTMENT OF RETIREMENT PAY.—Sec- risk premium rate for flood insurance under paragraph (2) if such legislation is enacted tion 403 of the Bipartisan Budget Act of 2013 the National Flood Insurance Act of 1968 for not later than 180 days after the date of en- is repealed as of the date of the enactment of any property described under subparagraph actment of this Act. such Act. (A) shall be increased by 20 percent each ‘‘(4) EXCLUSION OF INSURANCE PRODUCERS.— (2) CONFORMING AMENDMENT.—Title X of year, until the risk premium rate for such No insurance producer, the home State, as the Department of Defense Appropriations property is equal to the full actuarial risk described in section 333(9)(A), of which has Act, 2014 (division C of Public Law 113–76) is premium rate for that property. made an election not to participate in the hereby repealed. Association under paragraph (1), may be- (b) SOCIAL SECURITY NUMBER REQUIRED TO CLAIM THE REFUNDABLE PORTION OF THE SA 2696. Mr. COBURN submitted an come a member of the Association. CHILD TAX CREDIT.— amendment intended to be proposed by ‘‘(5) NOTIFICATION OF OPT-OUT.—A State, as described in section 333(9)(A), that elects not (1) IN GENERAL.—Subsection (e) of section him to the bill S. 1926, to delay the im- to participate in the Association under para- 24 of the Internal Revenue Code of 1986 is plementation of certain provisions of graph (1) shall notify the Board and the pri- amended to read as follows: the Biggert-Waters Flood Insurance mary insurance regulatory authority of each ‘‘(e) IDENTIFICATION REQUIREMENT WITH RE- Reform Act of 2012 and to reform the State of such election. SPECT TO QUALIFYING CHILDREN.— National Association of Registered ‘‘(6) CHANGE IN ELECTION.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), Agents and Brokers, and for other pur- ‘‘(A) OPT-IN.—A State, as described in sec- no credit shall be allowed under this section poses; which was ordered to lie on the tion 333(9)(A), that has elected not to partici- to a taxpayer with respect to any qualifying pate in the Association under paragraph (1) child unless the taxpayer includes the name table; as follows: may elect to participate in the Association and taxpayer identification number of such At the appropriate place, insert the fol- by enacting legislation indicating such elec- qualifying child on the return of tax for the lowing: tion. taxable year.

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‘‘(2) REFUNDABLE PORTION.—Subsection TITLE I—AMENDMENTS TO EMPLOYEE ‘‘SEC. 306. MINIMUM FUNDING STANDARDS. (d)(1) shall not apply to any taxpayer with RETIREMENT INCOME SECURITY ACT ‘‘(a) GENERAL RULE.—For purposes of sec- respect to any qualifying child unless the OF 1974 AND OTHER PROVISIONS tion 302, the term ‘accumulated funding defi- taxpayer includes the name and social secu- Sec. 101. Definition of cooperative and small ciency’ for a CSEC plan means the excess of rity number of such qualifying child on the employer charity pension plans. the total charges to the funding standard ac- return of tax for the taxable year.’’. Sec. 102. Funding rules applicable to cooper- count for all plan years (beginning with the (2) OMISSION TREATED AS MATHEMATICAL OR ative and small employer char- first plan year to which section 302 applies) CLERICAL ERROR.—Subparagraph (I) of sec- ity pension plans. over the total credits to such account for tion 6213(g)(2) of the Internal Revenue Code Sec. 103. Elections. such years or, if less, the excess of the total of 1986 is amended to read as follows: Sec. 104. Transparency. charges to the alternative minimum funding ‘‘(I) an omission of a correct TIN under Sec. 105. Sponsor education and assistance. standard account for such plan years over section 24(e)(1) (relating to child tax credit) TITLE II—AMENDMENTS TO INTERNAL the total credits to such account for such or a correct Social Security number required REVENUE CODE OF 1986 years. under section 24(e)(2) (relating to refundable Sec. 201. Definition of cooperative and small ‘‘(b) FUNDING STANDARD ACCOUNT.— portion of child tax credit), to be included on ‘‘(1) ACCOUNT REQUIRED.—Each plan to a return,’’. employer charity pension plans. Sec. 202. Funding rules applicable to cooper- which this section applies shall establish and (3) EFFECTIVE DATE.—The amendments maintain a funding standard account. Such made by this subsection shall apply to tax- ative and small employer char- ity pension plans. account shall be credited and charged solely able years beginning after the date of the en- as provided in this section. actment of this Act. Sec. 203. Election not to be treated as a CSEC plan. ‘‘(2) CHARGES TO ACCOUNT.—For a plan year, the funding standard account shall be SEC. 2. CONGRESSIONAL FINDINGS AND DEC- charged with the sum of— SA 2700. Mr. HELLER (for himself LARATIONS OF POLICY. ‘‘(A) the normal cost of the plan for the and Mr. LEE) submitted an amendment Congress finds as follows: plan year, intended to be proposed by him to the (1) Defined benefit pension plans are a cost- ‘‘(B) the amounts necessary to amortize in bill S. 1926, to delay the implementa- effective way for cooperative associations equal annual installments (until fully amor- and charities to provide their employees tion of certain provisions of the tized)— with economic security in retirement. Biggert-Waters Flood Insurance Re- ‘‘(i) in the case of a plan in existence on (2) Many cooperative associations and form Act of 2012 and to reform the Na- January 1, 1974, the unfunded past service li- charitable organizations are only able to tional Association of Registered ability under the plan on the first day of the provide their employees with defined benefit first plan year to which section 302 applies, Agents and Brokers, and for other pur- pension plans because those organizations over a period of 40 plan years, poses; which was ordered to lie on the are able to pool their resources using the ‘‘(ii) in the case of a plan which comes into table; as follows: multiple employer plan structure. existence after January 1, 1974, but before (3) The pension funding rules should en- At the end of title I, add the following: the first day of the first plan year beginning courage cooperative associations and char- SEC. 1ll. AUTHORITY OF STATES TO REGULATE after December 31, 2013, the unfunded past ities to continue to provide their employees PRIVATE FLOOD INSURANCE. service liability under the plan on the first with pension benefits. Section 102(b)(7) of the Flood Disaster Pro- day of the first plan year to which section tection Act of 1973 (42 U.S.C. 4012a(b)(7)) is SEC. 3. EFFECTIVE DATE. 302 applies, over a period of 30 plan years, amended to read as follows: Unless otherwise specified in this Act, the ‘‘(iii) separately, with respect to each plan provisions of this Act shall apply to years ‘‘(7) PRIVATE FLOOD INSURANCE DEFINED.—In year, the net increase (if any) in unfunded this subsection, the term ‘private flood in- beginning after December 31, 2013. past service liability under the plan arising surance’ means an insurance policy that— TITLE I—AMENDMENTS TO EMPLOYEE from plan amendments adopted in such year, ‘‘(A) provides flood insurance coverage; RETIREMENT INCOME SECURITY ACT over a period of 15 plan years, ‘‘(B) is issued by an insurance company OF 1974 AND OTHER PROVISIONS ‘‘(iv) separately, with respect to each plan that is— SEC. 101. DEFINITION OF COOPERATIVE AND year, the net experience loss (if any) under ‘‘(i) licensed, admitted, or otherwise ap- SMALL EMPLOYER CHARITY PEN- the plan, over a period of 5 plan years, and proved to engage in the business of insurance SION PLANS. ‘‘(v) separately, with respect to each plan in the State or jurisdiction in which the in- Section 210 of the Employee Retirement year, the net loss (if any) resulting from sured building is located, by the insurance Income Security Act of 1974 (29 U.S.C. 1060) is changes in actuarial assumptions used under regulator of that State or jurisdiction; or amended by adding at the end the following the plan, over a period of 10 plan years, ‘‘(ii) eligible as a nonadmitted insurer to new subsection: ‘‘(C) the amount necessary to amortize provide insurance in the State or jurisdic- ‘‘(f) COOPERATIVE AND SMALL EMPLOYER each waived funding deficiency (within the tion where the property to be insured is lo- CHARITY PENSION PLANS.— meaning of section 302(c)(3)) for each prior cated, in accordance with section 524 of the ‘‘(1) IN GENERAL.—For purposes of this plan year in equal annual installments (until Dodd-Frank Wall Street Reform and Con- title, except as provided in this subsection, a fully amortized) over a period of 5 plan sumer Protection Act (15 U.S.C. 8204); and CSEC plan is an employee pension benefit years, ‘‘(C) is issued by an insurance company plan (other than a multiemployer plan) that ‘‘(D) the amount necessary to amortize in that is not otherwise disapproved as a sur- is a defined benefit plan— equal annual installments (until fully amor- plus lines insurer by the insurance regulator ‘‘(A) to which section 104 of the Pension tized) over a period of 5 plan years any of the State or jurisdiction where the prop- Protection Act of 2006 applies, without re- amount credited to the funding standard ac- erty to be insured is located.’’. gard to— count under paragraph (3)(D), and ‘‘(i) section 104(a)(2) of such Act; ‘‘(E) the amount necessary to amortize in SA 2701. Mr. REID (for Mr. HARKIN ‘‘(ii) the amendments to such section 104 equal annual installments (until fully amor- by section 202(b) of the Preservation of Ac- tized) over a period of 20 years the contribu- (for himself, Mr. ROBERTS, Mr. BAUCUS, cess to Care for Medicare Beneficiaries and tions which would be required to be made and Mr. HATCH)) proposed an amend- Pension Relief Act of 2010; and under the plan but for the provisions of sec- ment to the bill S. 1302, to amend the ‘‘(iii) paragraph (3)(B); or tion 302(c)(7)(A)(i)(I) (as in effect on the day Employee Retirement Income Security ‘‘(B) that, as of June 25, 2010, was main- before the enactment of the Pension Protec- Act of 1974 and the Internal Revenue tained by more than one employer and all of tion Act of 2006). Code of 1986 to provide for cooperative the employers were organizations described ‘‘(3) CREDITS TO ACCOUNT.—For a plan year, and small employer charity pension in section 501(c)(3) of the Internal Revenue the funding standard account shall be cred- plans; as follows: Code of 1986. ited with the sum of— ‘‘(2) AGGREGATION.—All employers that are ‘‘(A) the amount considered contributed by In lieu of the matter proposed to be in- treated as a single employer under sub- the employer to or under the plan for the serted, insert the following: section (b) or (c) of section 414 of the Inter- plan year, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. nal Revenue Code of 1986 shall be treated as ‘‘(B) the amount necessary to amortize in (a) SHORT TITLE.—This Act may be cited as a single employer for purposes of deter- equal annual installments (until fully amor- the ‘‘Cooperative and Small Employer Char- mining if a plan was maintained by more tized)— ity Pension Flexibility Act’’. than one employer under paragraph (1)(B).’’. ‘‘(i) separately, with respect to each plan year, the net decrease (if any) in unfunded (b) TABLE OF CONTENTS.—The table of con- SEC. 102. FUNDING RULES APPLICABLE TO COOP- tents of this Act is as follows: ERATIVE AND SMALL EMPLOYER past service liability under the plan arising CHARITY PENSION PLANS. from plan amendments adopted in such year, Sec. 1. Short title; table of contents. (a) IN GENERAL.—Part 3 of title I of the over a period of 15 plan years, Sec. 2. Congressional findings and declara- Employee Retirement Income Security Act ‘‘(ii) separately, with respect to each plan tions of policy. of 1974 (29 U.S.C. 1081 et seq.) is amended by year, the net experience gain (if any) under Sec. 3. Effective date. adding at the end the following new section: the plan, over a period of 5 plan years, and

VerDate Mar 15 2010 04:59 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.028 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE S532 CONGRESSIONAL RECORD — SENATE January 28, 2014 ‘‘(iii) separately, with respect to each plan (as in effect on the day before the enactment ‘‘(A) the funding standard account shall be year, the net gain (if any) resulting from of the Pension Protection Act of 2006). credited with the amount of such excess, and changes in actuarial assumptions used under ‘‘(3) ACTUARIAL ASSUMPTIONS MUST BE REA- ‘‘(B) all amounts described in paragraphs the plan, over a period of 10 plan years, SONABLE.—For purposes of this section, all (2)(B), (C), and (D) and (3)(B) of subsection (b) ‘‘(C) the amount of the waived funding de- costs, liabilities, rates of interest, and other which are required to be amortized shall be ficiency (within the meaning of section factors under the plan shall be determined considered fully amortized for purposes of 302(c)(3)) for the plan year, and on the basis of actuarial assumptions and such paragraphs. ‘‘(D) in the case of a plan year for which methods— ‘‘(7) FULL-FUNDING LIMITATION.—For pur- the accumulated funding deficiency is deter- ‘‘(A) each of which is reasonable (taking poses of paragraph (6), the term ‘full-funding mined under the funding standard account if into account the experience of the plan and limitation’ means the excess (if any) of— such plan year follows a plan year for which reasonable expectations), and ‘‘(A) the accrued liability (including nor- such deficiency was determined under the al- ‘‘(B) which, in combination, offer the actu- mal cost) under the plan (determined under ternative minimum funding standard, the ex- ary’s best estimate of anticipated experience the entry age normal funding method if such cess (if any) of any debit balance in the fund- under the plan. accrued liability cannot be directly cal- ing standard account (determined without ‘‘(4) TREATMENT OF CERTAIN CHANGES AS EX- culated under the funding method used for regard to this subparagraph) over any debit PERIENCE GAIN OR LOSS.—For purposes of this the plan), over balance in the alternative minimum funding section, if— ‘‘(B) the lesser of— standard account. ‘‘(A) a change in benefits under the Social ‘‘(i) the fair market value of the plan’s as- ‘‘(4) COMBINING AND OFFSETTING AMOUNTS Security Act or in other retirement benefits sets, or TO BE AMORTIZED.—Under regulations pre- created under Federal or State law, or ‘‘(ii) the value of such assets determined scribed by the Secretary of the Treasury, ‘‘(B) a change in the definition of the term under paragraph (2). amounts required to be amortized under ‘wages’ under section 3121 of the Internal ‘‘(C) MINIMUM AMOUNT.— paragraph (2) or paragraph (3), as the case Revenue Code of 1986 or a change in the ‘‘(i) IN GENERAL.—In no event shall the full- may be— amount of such wages taken into account funding limitation determined under sub- ‘‘(A) may be combined into one amount under regulations prescribed for purposes of paragraph (A) be less than the excess (if any) under such paragraph to be amortized over a section 401(a)(5) of such Code, period determined on the basis of the re- results in an increase or decrease in accrued of— maining amortization period for all items liability under a plan, such increase or de- ‘‘(I) 90 percent of the current liability (de- entering into such combined amount, and crease shall be treated as an experience loss termined without regard to paragraph (4) of ‘‘(B) may be offset against amounts re- or gain. subsection (h)) of the plan (including the ex- pected increase in such current liability due quired to be amortized under the other such ‘‘(5) FUNDING METHOD AND PLAN YEAR.— paragraph, with the resulting amount to be ‘‘(A) FUNDING METHODS AVAILABLE.—All to benefits accruing during the plan year), amortized over a period determined on the funding methods available to CSEC plans over basis of the remaining amortization periods under section 302 (as in effect on the day be- ‘‘(II) the value of the plan’s assets deter- for all items entering into whichever of the fore the enactment of the Pension Protec- mined under paragraph (2). two amounts being offset is the greater. tion Act of 2006) shall continue to be avail- ‘‘(ii) ASSETS.—For purposes of clause (i), ‘‘(5) INTEREST.— able under this section. assets shall not be reduced by any credit bal- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(B) CHANGES.—If the funding method for a ance in the funding standard account. subparagraph (B), the funding standard ac- plan is changed, the new funding method ‘‘(8) ANNUAL VALUATION.— count (and items therein) shall be charged or shall become the funding method used to de- ‘‘(A) IN GENERAL.—For purposes of this sec- credited (as determined under regulations termine costs and liabilities under the plan tion, a determination of experience gains and prescribed by the Secretary of the Treasury) only if the change is approved by the Sec- losses and a valuation of the plan’s liability with interest at the appropriate rate con- retary of the Treasury. If the plan year for a shall be made not less frequently than once sistent with the rate or rates of interest used plan is changed, the new plan year shall be- every year, except that such determination under the plan to determine costs. come the plan year for the plan only if the shall be made more frequently to the extent ‘‘(B) EXCEPTION.—The interest rate used for change is approved by the Secretary of the required in particular cases under regula- purposes of computing the amortization Treasury. tions prescribed by the Secretary of the charge described in subsection (b)(2)(C) or for ‘‘(C) APPROVAL REQUIRED FOR CERTAIN Treasury. purposes of any arrangement under sub- CHANGES IN ASSUMPTIONS BY CERTAIN SINGLE- ‘‘(B) VALUATION DATE.— section (d) for any plan year shall be the EMPLOYER PLANS SUBJECT TO ADDITIONAL ‘‘(i) CURRENT YEAR.—Except as provided in greater of— FUNDING REQUIREMENT.— clause (ii), the valuation referred to in sub- ‘‘(i) 150 percent of the Federal mid-term ‘‘(i) IN GENERAL.—No actuarial assumption paragraph (A) shall be made as of a date rate (as in effect under section 1274 of the In- (other than the assumptions described in within the plan year to which the valuation ternal Revenue Code of 1986 for the 1st subsection (h)(3)) used to determine the cur- refers or within one month prior to the be- month of such plan year), or rent liability for a plan to which this sub- ginning of such year. ‘‘(ii) the rate of interest determined under paragraph applies may be changed without ‘‘(ii) USE OF PRIOR YEAR VALUATION.—The subparagraph (A). the approval of the Secretary of the Treas- valuation referred to in subparagraph (A) ‘‘(6) AMORTIZATION SCHEDULES IN EFFECT.— ury. may be made as of a date within the plan Amortization schedules for amounts de- ‘‘(ii) PLANS TO WHICH SUBPARAGRAPH AP- year prior to the year to which the valuation scribed in paragraphs (2) and (3) that are in PLIES.—This subparagraph shall apply to a refers if, as of such date, the value of the as- effect as of the last day of the last plan year plan only if— sets of the plan are not less than 100 percent beginning before January 1, 2014, by reason ‘‘(I) the plan is a CSEC plan, of the plan’s current liability. of section 104 of the Pension Protection Act ‘‘(II) the aggregate unfunded vested bene- ‘‘(iii) ADJUSTMENTS.—Information under of 2006 shall remain in effect pursuant to fits as of the close of the preceding plan year clause (ii) shall, in accordance with regula- their terms and this section, except that (as determined under section tions, be actuarially adjusted to reflect sig- such amounts shall not be amortized again 4006(a)(3)(E)(iii)) of such plan and all other nificant differences in participants. under this section. plans maintained by the contributing spon- ‘‘(iv) LIMITATION.—A change in funding ‘‘(c) SPECIAL RULES.— sors (as defined in section 4001(a)(13)) and method to use a prior year valuation, as pro- ‘‘(1) DETERMINATIONS TO BE MADE UNDER members of such sponsors’ controlled groups vided in clause (ii), may not be made unless FUNDING METHOD.—For purposes of this sec- (as defined in section 4001(a)(14)) which are as of the valuation date within the prior plan tion, normal costs, accrued liability, past covered by title IV (disregarding plans with year, the value of the assets of the plan are service liabilities, and experience gains and no unfunded vested benefits) exceed not less than 125 percent of the plan’s cur- losses shall be determined under the funding $50,000,000, and rent liability. method used to determine costs under the ‘‘(III) the change in assumptions (deter- ‘‘(9) TIME WHEN CERTAIN CONTRIBUTIONS plan. mined after taking into account any changes DEEMED MADE.—For purposes of this section, ‘‘(2) VALUATION OF ASSETS.— in interest rate and mortality table) results any contributions for a plan year made by an ‘‘(A) IN GENERAL.—For purposes of this sec- in a decrease in the funding shortfall of the employer during the period— tion, the value of the plan’s assets shall be plan for the current plan year that exceeds ‘‘(A) beginning on the day after the last determined on the basis of any reasonable $50,000,000, or that exceeds $5,000,000 and that day of such plan year, and actuarial method of valuation which takes is 5 percent or more of the current liability ‘‘(B) ending on the day which is 81⁄2 months into account fair market value and which is of the plan before such change. after the close of the plan year, permitted under regulations prescribed by ‘‘(6) FULL FUNDING.—If, as of the close of a shall be deemed to have been made on such the Secretary of the Treasury. plan year, a plan would (without regard to last day. ‘‘(B) DEDICATED BOND PORTFOLIO.—The Sec- this paragraph) have an accumulated funding ‘‘(10) ANTICIPATION OF BENEFIT INCREASES retary of the Treasury may by regulations deficiency (determined without regard to the EFFECTIVE IN THE FUTURE.—In determining provide that the value of any dedicated bond alternative minimum funding standard ac- projected benefits, the funding method of a portfolio of a plan shall be determined by count permitted under subsection (e)) in ex- collectively bargained CSEC plan described using the interest rate under section 302(b)(5) cess of the full funding limitation— in section 413(a) of the Internal Revenue

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Code of 1986 shall anticipate benefit in- ‘‘(i) the required installment, over ‘‘(D) LIMITATION ON INCREASE.—If the creases scheduled to take effect during the ‘‘(ii) the amount (if any) of the installment amount of any required installment is in- term of the collective bargaining agreement contributed to or under the plan on or before creased by reason of subparagraph (A), in no applicable to the plan. the due date for the installment. event shall such increase exceed the amount ‘‘(d) EXTENSION OF AMORTIZATION PERI- ‘‘(B) PERIOD OF UNDERPAYMENT.—The pe- which, when added to prior installments for ODS.—The period of years required to amor- riod for which interest is charged under this the plan year, is necessary to increase the tize any unfunded liability (described in any subsection with regard to any portion of the funded current liability percentage (taking clause of subsection (b)(2)(B)) of any plan underpayment shall run from the due date into account the expected increase in cur- may be extended by the Secretary of the for the installment to the date on which rent liability due to benefits accruing during Treasury for a period of time (not in excess such portion is contributed to or under the the plan year) to 100 percent. of 10 years) if such Secretary determines plan (determined without regard to sub- ‘‘(E) DEFINITIONS.—For purposes of this that such extension would carry out the pur- section (c)(9)). paragraph— poses of this Act and provide adequate pro- ‘‘(C) ORDER OF CREDITING CONTRIBUTIONS.— ‘‘(i) LIQUIDITY SHORTFALL.—The term ‘li- tection for participants under the plan and For purposes of subparagraph (A)(ii), con- quidity shortfall’ means, with respect to any their beneficiaries, and if such Secretary de- tributions shall be credited against unpaid required installment, an amount equal to the termines that the failure to permit such ex- required installments in the order in which excess (as of the last day of the quarter for tension would result in— such installments are required to be paid. which such installment is made) of the base ‘‘(1) a substantial risk to the voluntary ‘‘(3) NUMBER OF REQUIRED INSTALLMENTS; amount with respect to such quarter over continuation of the plan, or DUE DATES.—For purposes of this sub- the value (as of such last day) of the plan’s ‘‘(2) a substantial curtailment of pension section— liquid assets. benefit levels or employee compensation. ‘‘(A) PAYABLE IN 4 INSTALLMENTS.—There ‘‘(ii) BASE AMOUNT.— ‘‘(e) ALTERNATIVE MINIMUM FUNDING shall be 4 required installments for each plan ‘‘(I) IN GENERAL.—The term ‘base amount’ STANDARD.— year. means, with respect to any quarter, an ‘‘(1) IN GENERAL .—A CSEC plan which uses ‘‘(B) TIME FOR PAYMENT OF INSTALL- amount equal to 3 times the sum of the ad- a funding method that requires contribu- MENTS.— justed disbursements from the plan for the 12 tions in all years not less than those re- months ending on the last day of such quar- quired under the entry age normal funding ‘‘In the case of the fol- ter. method may maintain an alternative min- lowing required install- The due date is: ‘‘(II) SPECIAL RULE.—If the amount deter- imum funding standard account for any plan ments: mined under subclause (I) exceeds an amount year. Such account shall be credited and 1st ...... April 15 charged solely as provided in this subsection. equal to 2 times the sum of the adjusted dis- 2nd ...... July 15 bursements from the plan for the 36 months ‘‘(2) CHARGES AND CREDITS TO ACCOUNT.— 3rd ...... October 15 For a plan year the alternative minimum ending on the last day of the quarter and an 4th ...... January 15 of the fol- enrolled actuary certifies to the satisfaction funding standard account shall be— lowing year. ‘‘(A) charged with the sum of— of the Secretary of the Treasury that such ‘‘(i) the lesser of normal cost under the ‘‘(4) AMOUNT OF REQUIRED INSTALLMENT.— excess is the result of nonrecurring cir- funding method used under the plan or nor- For purposes of this subsection— cumstances, the base amount with respect to mal cost determined under the unit credit ‘‘(A) IN GENERAL.—The amount of any re- such quarter shall be determined without re- method, quired installment shall be 25 percent of the gard to amounts related to those non- ‘‘(ii) the excess, if any, of the present value required annual payment. recurring circumstances. of accrued benefits under the plan over the ‘‘(B) REQUIRED ANNUAL PAYMENT.—For pur- ‘‘(iii) DISBURSEMENTS FROM THE PLAN.—The fair market value of the assets, and poses of subparagraph (A), the term ‘required term ‘disbursements from the plan’ means ‘‘(iii) an amount equal to the excess (if annual payment’ means the lesser of— all disbursements from the trust, including any) of credits to the alternative minimum ‘‘(i) 90 percent of the amount required to be purchases of annuities, payments of single standard account for all prior plan years contributed to or under the plan by the em- sums and other benefits, and administrative over charges to such account for all such ployer for the plan year under section 302 expenses. years, and (without regard to any waiver under sub- ‘‘(iv) ADJUSTED DISBURSEMENTS.—The term ‘‘(B) credited with the amount considered section (c) thereof), or ‘adjusted disbursements’ means disburse- contributed by the employer to or under the ‘‘(ii) 100 percent of the amount so required ments from the plan reduced by the product plan for the plan year. for the preceding plan year. of— ‘‘(3) INTEREST.—The alternative minimum Clause (ii) shall not apply if the preceding ‘‘(I) the plan’s funded current liability per- funding standard account (and items therein) plan year was not a year of 12 months. centage for the plan year, and shall be charged or credited with interest in ‘‘(5) LIQUIDITY REQUIREMENT.— ‘‘(II) the sum of the purchases of annuities, the manner provided under subsection (b)(5) ‘‘(A) IN GENERAL.—A plan to which this payments of single sums, and such other dis- with respect to the funding standard ac- paragraph applies shall be treated as failing bursements as the Secretary of the Treasury count. to pay the full amount of any required in- shall provide in regulations. ‘‘(f) QUARTERLY CONTRIBUTIONS RE- stallment to the extent that the value of the ‘‘(v) LIQUID ASSETS.—The term ‘liquid as- QUIRED.— liquid assets paid in such installment is less sets’ means cash, marketable securities and ‘‘(1) IN GENERAL.—If a CSEC plan which has than the liquidity shortfall (whether or not such other assets as specified by the Sec- a funded current liability percentage for the such liquidity shortfall exceeds the amount retary of the Treasury in regulations. preceding plan year of less than 100 percent of such installment required to be paid but ‘‘(vi) QUARTER.—The term ‘quarter’ means, fails to pay the full amount of a required in- for this paragraph). with respect to any required installment, the stallment for the plan year, then the rate of ‘‘(B) PLANS TO WHICH PARAGRAPH APPLIES.— 3-month period preceding the month in interest charged to the funding standard ac- This paragraph shall apply to a CSEC plan which the due date for such installment oc- count under subsection (b)(5) with respect to other than a plan described in section curs. the amount of the underpayment for the pe- 302(d)(6)(A) (as in effect on the day before the ‘‘(F) REGULATIONS.—The Secretary of the riod of the underpayment shall be equal to enactment of the Pension Protection Act of Treasury may prescribe such regulations as the greater of— 2006) which— are necessary to carry out this paragraph. ‘‘(A) 175 percent of the Federal mid-term ‘‘(i) is required to pay installments under ‘‘(6) FISCAL YEARS AND SHORT YEARS.— rate (as in effect under section 1274 of the In- this subsection for a plan year, and ‘‘(A) FISCAL YEARS.—In applying this sub- ternal Revenue Code of 1986 for the 1st ‘‘(ii) has a liquidity shortfall for any quar- section to a plan year beginning on any date month of such plan year), or ter during such plan year. other than January 1, there shall be sub- ‘‘(B) the rate of interest used under the ‘‘(C) PERIOD OF UNDERPAYMENT.—For pur- stituted for the months specified in this sub- plan in determining costs. poses of paragraph (1), any portion of an in- section, the months which correspond there- ‘‘(2) AMOUNT OF UNDERPAYMENT, PERIOD OF stallment that is treated as not paid under to. UNDERPAYMENT.—For purposes of paragraph subparagraph (A) shall continue to be treat- ‘‘(B) SHORT PLAN YEAR.—This subsection (1)— ed as unpaid until the close of the quarter in shall be applied to plan years of less than 12 ‘‘(A) AMOUNT.—The amount of the under- which the due date for such installment oc- months in accordance with regulations pre- payment shall be the excess of— curs. scribed by the Secretary of the Treasury.

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‘‘(g) IMPOSITION OF LIEN WHERE FAILURE TO ‘‘(6) DEFINITIONS.—For purposes of this sub- ities occur in plan years beginning before MAKE REQUIRED CONTRIBUTIONS.— section— January 1, 1995, and for individuals whose ‘‘(1) IN GENERAL.—In the case of a plan to ‘‘(A) DUE DATE; REQUIRED INSTALLMENT.— disabilities occur in plan years beginning on which this section applies, if— The terms ‘due date’ and ‘required install- or after such date. ‘‘(A) any person fails to make a required ment’ have the meanings given such terms ‘‘(ii) SPECIAL RULE FOR DISABILITIES OCCUR- installment under subsection (f) or any other by subsection (f), except that in the case of RING AFTER 1994.—In the case of disabilities payment required under this section before a payment other than a required install- occurring in plan years beginning after De- the due date for such installment or other ment, the due date shall be the date such cember 31, 1994, the tables under clause (i) payment, and payment is required to be made under this shall apply only with respect to individuals ‘‘(B) the unpaid balance of such install- section. described in such subclause who are disabled ment or other payment (including interest), ‘‘(B) CONTROLLED GROUP.—The term ‘con- within the meaning of title II of the Social when added to the aggregate unpaid balance trolled group’ means any group treated as a Security Act and the regulations thereunder. of all preceding such installments or other single employer under subsections (b), (c), ‘‘(4) CERTAIN SERVICE DISREGARDED.— payments for which payment was not made (m), and (o) of section 414 of the Internal ‘‘(A) IN GENERAL.—In the case of a partici- before the due date (including interest), ex- Revenue Code of 1986. pant to whom this paragraph applies, only ceeds $1,000,000, ‘‘(h) CURRENT LIABILITY.—For purposes of the applicable percentage of the years of then there shall be a lien in favor of the plan this section— service before such individual became a par- in the amount determined under paragraph ‘‘(1) IN GENERAL.—The term ‘current liabil- ticipant shall be taken into account in com- (3) upon all property and rights to property, ity’ means all liabilities to employees and puting the current liability of the plan. whether real or personal, belonging to such their beneficiaries under the plan. ‘‘(B) APPLICABLE PERCENTAGE.—For pur- ‘‘(2) TREATMENT OF UNPREDICTABLE CONTIN- person and any other person who is a mem- poses of this subparagraph, the applicable GENT EVENT BENEFITS.— ber of the same controlled group of which percentage shall be determined as follows: ‘‘(A) IN GENERAL.—For purposes of para- such person is a member. graph (1), any unpredictable contingent ‘‘(2) PLANS TO WHICH SUBSECTION APPLIES.— ‘‘If the years of participa- event benefit shall not be taken into account The applicable percent- This subsection shall apply to a CSEC plan tion age is: until the event on which the benefit is con- are: for any plan year for which the funded cur- tingent occurs. rent liability percentage of such plan is less 1 ...... 20 ‘‘(B) UNPREDICTABLE CONTINGENT EVENT than 100 percent. This subsection shall not 2 ...... 40 BENEFIT.—The term ‘unpredictable contin- apply to any plan to which section 4021 does 3 ...... 60 gent event benefit’ means any benefit con- not apply (as such section is in effect on the 4 ...... 80 tingent on an event other than— 5 or more ...... 100. date of the enactment of the Retirement ‘‘(i) age, service, compensation, death, or ‘‘(C) PARTICIPANTS TO WHOM PARAGRAPH AP- Protection Act of 1994). disability, or ‘‘(3) AMOUNT OF LIEN.—For purposes of ‘‘(ii) an event which is reasonably and reli- PLIES.—This subparagraph shall apply to any paragraph (1), the amount of the lien shall be ably predictable (as determined by the Sec- participant who, at the time of becoming a equal to the aggregate unpaid balance of re- retary of the Treasury). participant— quired installments and other payments re- ‘‘(i) has not accrued any other benefit ‘‘(3) INTEREST RATE AND MORTALITY AS- under any defined benefit plan (whether or quired under this section (including inter- SUMPTIONS USED.— not terminated) maintained by the employer est)— ‘‘(A) INTEREST RATE.—The rate of interest ‘‘(A) for plan years beginning after 1987, used to determine current liability under or a member of the same controlled group of and this section shall be the third segment rate which the employer is a member, ‘‘(B) for which payment has not been made determined under section 303(h)(2)(C). ‘‘(ii) who first becomes a participant under before the due date. ‘‘(B) MORTALITY TABLES.— the plan in a plan year beginning after De- ‘‘(4) NOTICE OF FAILURE; LIEN.— ‘‘(i) SECRETARIAL AUTHORITY.—The Sec- cember 31, 1987, and ‘‘(A) NOTICE OF FAILURE.—A person com- retary of the Treasury may by regulation ‘‘(iii) has years of service greater than the mitting a failure described in paragraph (1) prescribe mortality tables to be used in de- minimum years of service necessary for eli- shall notify the Pension Benefit Guaranty termining current liability under this sub- gibility to participate in the plan. Corporation of such failure within 10 days of section. Such tables shall be based upon the ‘‘(D) ELECTION.—An employer may elect the due date for the required installment or actual experience of pension plans and pro- not to have this subparagraph apply. Such an other payment. jected trends in such experience. In pre- election, once made, may be revoked only ‘‘(B) PERIOD OF LIEN.—The lien imposed by scribing such tables, the Secretary of the with the consent of the Secretary of the paragraph (1) shall arise on the due date for Treasury shall take into account results of Treasury. the required installment or other payment available independent studies of mortality of ‘‘(i) FUNDED CURRENT LIABILITY PERCENT- and shall continue until the last day of the individuals covered by pension plans. AGE.—For purposes of this section, the term first plan year in which the plan ceases to be ‘‘(ii) PERIODIC REVIEW.—The Secretary of ‘funded current liability percentage’ means, described in paragraph (1)(B). Such lien shall the Treasury shall periodically (at least with respect to any plan year, the percent- continue to run without regard to whether every 5 years) review any tables in effect age which— such plan continues to be described in para- under this subsection and shall, to the ex- ‘‘(1) the value of the plan’s assets deter- graph (2) during the period referred to in the tent the Secretary of the Treasury deter- mined under subsection (c)(2), is of preceding sentence. mines necessary, by regulation update the ‘‘(2) the current liability under the plan. ‘‘(C) CERTAIN RULES TO APPLY.—Any tables to reflect the actual experience of amount with respect to which a lien is im- pension plans and projected trends in such ‘‘(j) FUNDING RESTORATION STATUS.—Not- posed under paragraph (1) shall be treated as experience. withstanding any other provisions of this taxes due and owing the United States and ‘‘(C) SEPARATE MORTALITY TABLES FOR THE section— rules similar to the rules of subsections (c), DISABLED.—Notwithstanding subparagraph ‘‘(1) NORMAL COST PAYMENT.— (d), and (e) of section 4068 shall apply with (B)— ‘‘(A) IN GENERAL.—In the case of a CSEC respect to a lien imposed by subsection (a) ‘‘(i) IN GENERAL.—In the case of plan years plan that is in funding restoration status for and the amount with respect to such lien. beginning after December 31, 1995, the Sec- a plan year, for purposes of section 302, the ‘‘(5) ENFORCEMENT.—Any lien created retary of the Treasury shall establish mor- term ‘accumulated funding deficiency’ under paragraph (1) may be perfected and en- tality tables which may be used (in lieu of means, for such plan year, the greater of— forced only by the Pension Benefit Guaranty the tables under subparagraph (B)) to deter- ‘‘(i) the amount described in subsection (a), Corporation, or at the direction of the Pen- mine current liability under this subsection or sion Benefit Guaranty Corporation, by any for individuals who are entitled to benefits ‘‘(ii) the excess of the normal cost of the contributing employer (or any member of under the plan on account of disability. The plan for the plan year over the amount actu- the controlled group of the contributing em- Secretary of the Treasury shall establish ally contributed to or under the plan for the ployer). separate tables for individuals whose disabil- plan year.

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‘‘(B) NORMAL COST.—In the case of a CSEC earned under the plan as of the beginning of (M) by striking ‘‘single-employer plan’’ in plan that uses a spread gain funding method, the plan year, based on the assumptions used subparagraph (A) of subsection (a)(2) and in for purposes of this subsection, the term by the plan pursuant to this section, includ- clause (i) of subsection (c)(1)(B) and inserting ‘normal cost’ means normal cost as deter- ing the interest rate described in subsection ‘‘single-employer plan (other than a CSEC mined under the entry age normal funding (b)(5)(A) (without regard to subsection plan)’’. method. (b)(5)(B)). (3) BENEFIT RESTRICTIONS.—Subsection (g) ‘‘(2) PLAN AMENDMENTS.—In the case of a ‘‘(D) SPREAD GAIN FUNDING METHOD.—The of section 206 of the Employee Retirement CSEC plan that is in funding restoration sta- term ‘spread gain funding method’ has the Income Security Act of 1974 (29 U.S.C. 1056) is tus for a plan year, no amendment to such meaning given such term under rules and amended by adding at the end thereof the plan may take effect during such plan year if forms issued by the Secretary of the Treas- following new paragraph: such amendment has the effect of increasing ury.’’. ‘‘(12) CSEC PLANS.—This subsection shall liabilities of the plan by means of increases not apply to a CSEC plan (as defined in sec- (b) SEPARATE RULES FOR CSEC PLANS.— in benefits, establishment of new benefits, tion 210(f)).’’. (1) IN GENERAL.—Paragraph (2) of section changing the rate of benefit accrual, or 302(a) of the Employee Retirement Income (4) BENEFIT INCREASES.—Paragraph (3) of changing the rate at which benefits become Security Act of 1974 (29 U.S.C. 1082(a)) is section 204(i) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1054(i)) nonforfeitable. This paragraph shall not amended by striking ‘‘and’’ at the end of sub- apply to any plan amendment that is re- is amended by striking ‘‘multiemployer paragraph (B), by striking the period at the quired to comply with any applicable law. plans’’ and inserting ‘‘multiemployer plans end of subparagraph (C) and inserting ‘‘, This paragraph shall cease to apply with re- or CSEC plans’’. and’’, and by inserting at the end thereof the spect to any plan year, effective as of the (5) SECTION 103.—Subparagraph (B) of sec- following new subparagraph: first day of the plan year (or if later, the ef- tion 103(d)(8) of the Employee Retirement In- ‘‘(D) in the case of a CSEC plan, the em- fective date of the amendment) upon pay- come Security Act of 1974 (29 U.S.C. ployers make contributions to or under the ment by the plan sponsor of a contribution 1023(d)(8)) is amended by striking ‘‘303(h) and plan for any plan year which, in the aggre- to the plan (in addition to any contribution 304(c)(3)’’ and inserting ‘‘303(h), 304(c)(3), and gate, are sufficient to ensure that the plan required under this section without regard to 306(c)(3)’’. does not have an accumulated funding defi- this paragraph) in an amount equal to the (6) SECTION 502.—Subsection (c) of section increase in the funding liability of the plan ciency under section 306 as of the end of the 502 of the Employee Retirement Income Se- attributable to the plan amendment. plan year.’’. curity Act of 1974 is amended— (2) CONFORMING AMENDMENTS.—Section 302 ‘‘(3) FUNDING RESTORATION PLAN.—The (A) by redesignating the last paragraph as sponsor of a CSEC plan shall establish a of the Employee Retirement Income Secu- paragraph (11), and written funding restoration plan within 180 rity Act of 1974 (29 U.S.C. 1082) is amended— (B) by adding at the end the following new days of the receipt by the plan sponsor of a (A) by striking ‘‘multiemployer plan’’ the paragraph: certification from the plan actuary that the first place it appears in clause (i) of sub- ‘‘(12) The Secretary may assess a civil pen- plan is in funding restoration status for a section (c)(1)(A) and the last place it appears alty against any sponsor of a CSEC plan of plan year. Such funding restoration plan in paragraph (2) of subsection (d), and insert- up to $100 a day from the date of the plan shall consist of actions that are calculated, ing ‘‘multiemployer plan or a CSEC plan’’, sponsor’s failure to comply with the require- based on reasonably anticipated experience (B) by striking ‘‘303(j)’’ in paragraph (1) of ments of section 306(j)(3) to establish or up- and reasonable actuarial assumptions, to in- subsection (b) and inserting ‘‘303(j) or under date a funding restoration plan.’’. crease the plan’s funded percentage to 100 section 306(f)’’, (7) SECTION 4003.—Subparagraph (B) of sec- percent over a period that is not longer than (C)(i) by striking ‘‘and’’ at the end of tion 4003(e)(1) of the Employee Retirement the greater of 7 years or the shortest amount clause (i) of subsection (c)(1)(B), Income Security Act of 1974 (29 U.S.C. of time practicable. Such funding restora- (ii) by striking the period at the end of 1303(e)(1)) is amended by striking tion plan shall take into account contribu- clause (ii) of subsection (c)(1)(B), and insert- ‘‘303(k)(1)(A) and (B) of this Act or section tions required under this section (without re- ing ‘‘, and’’, and 430(k)(1)(A) and (B) of the Internal Revenue gard to this paragraph). If a plan remains in (iii) by inserting the following new clause Code of 1986’’ and inserting ‘‘303(k)(1)(A) and funding restoration status for 2 or more after clause (ii) of subsection (c)(1)(B): (B) or 306(g)(1)(A) and (B) of this Act or sec- years, such funding restoration plan shall be ‘‘(iii) in the case of a CSEC plan, the fund- tion 430(k)(1)(A) and (B) or 433(g)(1)(A) and updated each year after the 1st such year ing standard account shall be credited under (B) of the Internal Revenue Code of 1986’’. within 180 days of receipt by the plan sponsor section 306(b)(3)(C) with the amount of the (8) SECTION 4010.—Paragraph (2) of section of a certification from the plan actuary that waived funding deficiency and such amount 4010(b) of the Employee Retirement Income the plan remains in funding restoration sta- shall be amortized as required under section Security Act of 1974 (29 U.S.C. 1310(b)) is tus for the plan year. 306(b)(2)(C).’’, amended by striking ‘‘303(k)(1)(A) and (B) of ‘‘(4) ANNUAL CERTIFICATION BY PLAN ACTU- (D) by striking ‘‘under paragraph (1)’’ in this Act or section 430(k)(1)(A) and (B) of the ARY.—Not later than the 90th day of each clause (i) of subsection (c)(4)(A) and insert- Internal Revenue Code of 1986’’ and inserting plan year of a CSEC plan, the plan actuary ing ‘‘under paragraph (1) or for granting an ‘‘303(k)(1)(A) and (B) or 306(g)(1)(A) and (B) of shall certify to the plan sponsor whether or extension under section 306(d)’’, this Act or section 430(k)(1)(A) and (B) or not the plan is in funding restoration status (E) by striking ‘‘waiver under this sub- 433(g)(1)(A) and (B) of the Internal Revenue for the plan year, based on the plan’s funded section’’ in subparagraph (B) of subsection Code of 1986’’. percentage as of the beginning of the plan (c)(4) and inserting ‘‘waiver under this sub- (9) SECTION 4071.—Section 4071 of the Em- year. For this purpose, the actuary may con- section or an extension under 306(d)’’, ployee Retirement Income Security Act of clusively rely on an estimate of— (F) by striking ‘‘waiver or modification’’ in 1974 (29 U.S.C. 1371) is amended by striking ‘‘(A) the plan’s funding liability, based on subclause (I) of subsection (c)(4)(B)(i) and in- ‘‘section 303(k)(4)’’ and inserting ‘‘section the funding liability of the plan for the pre- serting ‘‘waiver, modification, or extension’’, 303(k)(4) or 306(g)(4)’’. ceding plan year and on reasonable actuarial (G) by striking ‘‘waivers’’ in the heading of SEC. 103. ELECTIONS. estimates, assumptions, and methods, and subsection (c)(4)(C) and of clause (ii) of sub- (a) ELECTION NOT TO BE TREATED AS A ‘‘(B) the amount of any contributions rea- section (c)(4)(C) and inserting ‘‘waivers or CSEC PLAN.—Subsection (f) of section 210 of sonably anticipated to be made for the pre- extensions’’, the Employee Retirement Income Security ceding plan year. (H) by striking ‘‘section 304(d)’’ in subpara- Act of 1974, as added by section 101, is amend- Contributions described in subparagraph (B) graph (A) of subsection (c)(7) and in para- ed by adding at the end the following new shall be taken into account in determining graph (2) of subsection (d) and inserting ‘‘sec- paragraph: the plan’s funded percentage as of the begin- tion 304(d) or section 306(d)’’, ‘‘(3) ELECTION.— ning of the plan year. (I) by striking ‘‘and’’ at the end of sub- ‘‘(A) IN GENERAL.—If a plan falls within the ‘‘(5) DEFINITIONS.—For purposes of this sub- clause (I) of subsection (c)(4)(C)(i) and adding definition of a CSEC plan under this sub- section— ‘‘or the accumulated funding deficiency section (without regard to this paragraph), ‘‘(A) FUNDING RESTORATION STATUS.—A under section 306, whichever is applicable,’’, such plan shall be a CSEC plan unless the CSEC plan shall be treated as in funding res- (J) by striking ‘‘303(e)(2),’’ in subclause (II) plan sponsor elects not later than the close toration status for a plan year if the plan’s of subsection (c)(4)(C)(i) and inserting of the first plan year of the plan beginning funded percentage as of the beginning of ‘‘303(e)(2) or 306(b)(2)(C), whichever is appli- after December 31, 2013, not to be treated as such plan year is less than 80 percent. cable, and’’, a CSEC plan. An election under the pre- ‘‘(B) FUNDED PERCENTAGE.—The term ‘fund- (K) by adding immediately after subclause ceding sentence shall take effect for such ed percentage’ means the ratio (expressed as (II) of subsection (c)(4)(C)(i) the following plan year and, once made, may be revoked a percentage) which— new subclause: only with the consent of the Secretary of the ‘‘(i) the value of plan assets (as determined ‘‘(III) the total amounts not paid by reason Treasury. under subsection (c)(2)), bears to of an extension in effect under section ‘‘(B) SPECIAL RULE.—If a plan described in ‘‘(ii) the plan’s funding liability. 306(d),’’, subparagraph (A) is treated as a CSEC plan, ‘‘(C) FUNDING LIABILITY.—The term ‘fund- (L) by striking ‘‘for waivers of’’ in clause section 104 of the Pension Protection Act of ing liability’ for a plan year means the (ii) of subsection (c)(4)(C) and inserting ‘‘for 2006, as amended by the Preservation of Ac- present value of all benefits accrued or waivers or extensions with respect to’’, and cess to Care for Medicare Beneficiaries and

VerDate Mar 15 2010 05:19 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.027 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE S536 CONGRESSIONAL RECORD — SENATE January 28, 2014 Pension Relief Act of 2010, shall cease to ‘‘(ii) the plan sponsor had made the elec- (4) the plan, plan sponsor, administrator, apply to such plan as of the first date as of tion described in section 303(c)(2)(D)(i) of the or fiduciary remits one or more premium which such plan is treated as a CSEC plan.’’. Employee Retirement Income Security Act payments for the plan to the Pension Benefit (b) ELECTION TO CEASE TO BE TREATED AS of 1974 and in section 430(c)(2)(D)(i) of the In- Guaranty Corporation for a plan year begin- AN ELIGIBLE CHARITY PLAN.—Subsection (d) ternal Revenue Code of 1986 to have section ning after December 31, 2013. of section 104 of the Pension Protection Act 303(c)(2)(D)(i) of such Act and section (d) EFFECTIVE DATE.—The amendments of 2006, as added by section 202 of the Preser- 430(c)(2)(D)(iii) of such Code apply with re- made by this section shall apply as of the vation of Access to Care for Medicare Bene- spect to the shortfall amortization base for date of enactment of this Act. ficiaries and Pension Relief Act of 2010, is the first plan year beginning after December SEC. 104. TRANSPARENCY. 31, 2009, and amended— (a) NOTICE TO PARTICIPANTS.— ‘‘(iii) no event had occurred under para- (1) by striking ‘‘For purposes of’’ and in- (1) IN GENERAL.—Paragraph (2) of section graph (6) or (7) of section 303(c) of such Act serting ‘‘(1) IN GENERAL.—For purposes of’’, 101(f) of the Employee Retirement Income or paragraph (6) or (7) of section 430(c) of and Security Act of 1974 (29 U.S.C. 1021(f)) is such Code that, as of the first day of the first (2) by adding at the end the following: amended by adding at the end the following plan year beginning after December 31, 2013, ‘‘(2) ELECTION NOT TO BE AN ELIGIBLE CHAR- new subparagraph: would have modified the shortfall amortiza- ITY PLAN.—A plan sponsor may elect for a ‘‘(E) EFFECT OF CSEC PLAN RULES ON PLAN tion base or the shortfall amortization in- plan to cease to be treated as an eligible FUNDING.—In the case of a CSEC plan, each stallments with respect to the first plan year charity plan for plan years beginning after notice under paragraph (1) shall include— beginning after December 31, 2009. December 31, 2013. Such election shall be ‘‘(i) a statement that different rules apply ‘‘(F) For purposes of this paragraph, the 12- made at such time and in such form and to CSEC plans than apply to single-employer year amortization base is an amount, deter- manner as shall be prescribed by the Sec- plans, mined for the first plan year beginning after retary of the Treasury. Any such election ‘‘(ii) for the first 2 plan years beginning December 31, 2013, equal to the unamortized may be revoked only with the consent of the after December 31, 2013, a statement that, as principal amount of the shortfall amortiza- Secretary of the Treasury. a result of changes in the law made by the tion base (as defined in section 303(c)(3) of ‘‘(3) ELECTION TO USE FUNDING OPTIONS Cooperative and Small Employer Charity the Employee Retirement Income Security AVAILABLE TO OTHER PLAN SPONSORS.— Pension Flexibility Act, the contributions to Act of 1974 and section 430(c)(3) of the Inter- ‘‘(A) A plan sponsor that makes the elec- the plan may have changed, and nal Revenue Code of 1986) that would have tion described in paragraph (2) may elect for ‘‘(iii) in the case of a CSEC plan that is in applied to the plan for the first plan begin- a plan to apply the rules described in sub- funding restoration status for the plan year, ning after December 31, 2010, if— paragraphs (B), (C), and (D) for plan years be- a statement that the plan is in funding res- ‘‘(i) the plan had never been an eligible ginning after December 31, 2013. Such elec- toration status for such plan year. charity plan, tion shall be made at such time and in such A copy of the statement required under ‘‘(ii) the plan sponsor had made the elec- form and manner as shall be prescribed by clause (iii) shall be provided to the Sec- tion described in section 303(c)(2)(D)(i) of the the Secretary of the Treasury. Any such retary, the Secretary of the Treasury, and Employee Retirement Income Security Act election may be revoked only with the con- the Director of the Pension Benefit Guar- of 1974 and in section 430(c)(2)(D)(i) of the In- sent of the Secretary of the Treasury. anty Corporation.’’. ternal Revenue Code of 1986 to have section ‘‘(B) Under the rules described in this sub- (2) MODEL NOTICE.—The Secretary of Labor 303(c)(2)(D)(i) of such Act and section paragraph, for the first plan year beginning may modify the model notice required to be 430(c)(2)(D)(iii) of such Code apply with re- after December 31, 2013, a plan has— published under section 501(c) of the Pension spect to the shortfall amortization base for ‘‘(i) an 11-year shortfall amortization base, Protection Act of 2006 to include the infor- the first plan year beginning after December ‘‘(ii) a 12-year shortfall amortization base, mation described in section 101(f)(2)(E) of the 31, 2010, and and Employee Retirement Income Security Act ‘‘(iii) no event had occurred under para- ‘‘(iii) a 7-year shortfall amortization base. of 1974, as added by this subsection. ‘‘(C) Under the rules described in this sub- graph (6) or (7) of section 303(c) of such Act (b) NOTICE OF FAILURE TO MEET MINIMUM paragraph, section 303(c)(2)(A) and (B) of the or paragraph (6) or (7) of section 430(c) of FUNDING STANDARDS.— Employee Retirement Income Security Act such Code that, as of the first day of the first (1) PENDING WAIVERS.—Paragraph (2) of sec- of 1974, and section 430(c)(2)(A) and (B) of the plan year beginning after December 31, 2013, would have modified the shortfall amortiza- tion 101(d) of the Employee Retirement In- Internal Revenue Code of 1986 shall be ap- come Security Act of 1974 (29 U.S.C. 1021(d)) plied by— tion base or the shortfall amortization in- stallments with respect to the first plan year is amended by striking ‘‘303’’ and inserting ‘‘(i) in the case of an 11-year shortfall am- ‘‘303 or 306’’. ortization base, substituting ‘11-plan-year beginning after December 31, 2010. (2) DEFINITIONS.—Paragraph (3) of section period’ for ‘7-plan-year period’ wherever such ‘‘(G) For purposes of this paragraph, the 7- year shortfall amortization base is an 101(d) of the Employee Retirement Income phrase appears, and Security Act of 1974 (21 U.S.C. 1021(d)) is ‘‘(ii) in the case of a 12-year shortfall amor- amount, determined for the first plan year beginning after December 31, 2013, equal to— amended by striking ‘‘303(j)’’ and inserting tization base, substituting ‘12-plan-year pe- ‘‘303(j) or 306(f), whichever is applicable’’. riod’ for ‘7-plan-year period’ wherever such ‘‘(i) the shortfall amortization base for the (c) ADDITIONAL REPORTING REQUIRE- phrase appears. first plan year beginning after December 31, MENTS.—Section 103 of the Employee Retire- ‘‘(D) Under the rules described in this sub- 2013, without regard to this paragraph, minus ment Income Security Act of 1974 (29 U.S.C. paragraph, section 303(c)(7) of the Employee ‘‘(ii) the sum of the 11-year shortfall amor- 1023) is amended by adding at the end the fol- Retirement Income Security Act of 1974 and tization base and the 12-year shortfall amor- lowing new subsection: section 430(c)(7) of the Internal Revenue Code tization base. of 1986 shall apply to a plan for which an ‘‘(4) RETROACTIVE ELECTION.—Not later ‘‘(g) ADDITIONAL INFORMATION WITH RE- election has been made under subparagraph than December 31, 2014, a plan sponsor may SPECT TO MULTIPLE EMPLOYER PLANS.—With (A). Such provisions shall apply in the fol- make a one-time, irrevocable, retroactive respect to any multiple employer plan, an lowing manner: election to not be treated as an eligible char- annual report under this section for a plan ‘‘(i) The first plan year beginning after De- ity plan. Such election shall be effective for year shall include a list of participating em- cember 31, 2013, shall be treated as an elec- plan years beginning after December 31, 2007, ployers and a good faith estimate of the per- tion year, and no other plan years shall be so and shall be made by providing reasonable centage of total contributions made by such treated. notice to the Secretary of the Treasury.’’. participating employers during the plan year.’’. ‘‘(ii) All references in section 303(c)(7) of (c) DEEMED ELECTION.—For purposes of the such Act and section 430(c)(7) of such Code to Internal Revenue Code of 1986, sections SEC. 105. SPONSOR EDUCATION AND ASSIST- ‘February 28, 2010’ or ‘March 1, 2010’ shall be 4(b)(2) and 4021(b)(3) of the Employee Retire- ANCE. treated as references to ‘February 28, 2013’ or ment Income Security Act of 1974, and all (a) DEFINITION.—In this section, the term ‘March 1, 2013’, respectively. other purposes, a plan shall be deemed to ‘‘CSEC plan’’ has the meaning given that ‘‘(E) For purposes of this paragraph, the 11- have made an irrevocable election under sec- term in subsection (f)(1) of section 210 of the year amortization base is an amount, deter- tion 410(d) of the Internal Revenue Code of Employee Retirement Income Security Act mined for the first plan year beginning after 1986 if— of 1974 (29 U.S.C. 1060(f)(1)) (as added by this December 31, 2013, equal to the unamortized (1) the plan was established before January Act). principal amount of the shortfall amortiza- 1, 2014; (b) EDUCATION.—The Participant and Plan tion base (as defined in section 303(c)(3) of (2) the plan falls within the definition of a Sponsor Advocate established under section the Employee Retirement Income Security CSEC plan; 4004 of the Employee Retirement Income Se- Act of 1974 and section 430(c)(3) of the Inter- (3) the plan sponsor does not make an elec- curity Act of 1974 (29 U.S.C. 1304) shall make nal Revenue Code of 1986) that would have tion under section 210(f)(3)(A) of the Em- itself available to assist CSEC plan sponsors applied to the plan for the first plan begin- ployee Retirement Income Security Act of and participants as part of the duties it per- ning after December 31, 2009, if— 1974 and section 414(y)(3)(A) of the Internal forms under the general supervision of the ‘‘(i) the plan had never been an eligible Revenue Code of 1986, as added by this Act; Board of Directors under section 4004(b) of charity plan, and such Act (29 U.S.C. 1304(b)).

VerDate Mar 15 2010 05:19 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.027 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S537 TITLE II—AMENDMENTS TO INTERNAL ‘‘(v) separately, with respect to each plan section (d) for any plan year shall be the REVENUE CODE OF 1986 year, the net loss (if any) resulting from greater of— SEC. 201. DEFINITION OF COOPERATIVE AND changes in actuarial assumptions used under ‘‘(i) 150 percent of the Federal mid-term SMALL EMPLOYER CHARITY PEN- the plan, over a period of 10 plan years, rate (as in effect under section 1274 for the SION PLANS. ‘‘(C) the amount necessary to amortize 1st month of such plan year), or Section 414 of the Internal Revenue Code of each waived funding deficiency (within the ‘‘(ii) the rate of interest determined under 1986 is amended by adding at the end the fol- meaning of section 412(c)(3)) for each prior subparagraph (A). lowing new subsection: plan year in equal annual installments (until ‘‘(6) AMORTIZATION SCHEDULES IN EFFECT.— ‘‘(y) COOPERATIVE AND SMALL EMPLOYER fully amortized) over a period of 5 plan Amortization schedules for amounts de- CHARITY PENSION PLANS.— years, scribed in paragraphs (2) and (3) that are in ‘‘(1) IN GENERAL.—For purposes of this ‘‘(D) the amount necessary to amortize in effect as of the last day of the last plan year title, except as provided in this subsection, a equal annual installments (until fully amor- beginning before January 1, 2014, by reason CSEC plan is a defined benefit plan (other tized) over a period of 5 plan years any of section 104 of the Pension Protection Act than a multiemployer plan)— amount credited to the funding standard ac- of 2006 shall remain in effect pursuant to ‘‘(A) to which section 104 of the Pension count under paragraph (3)(D), and their terms and this section, except that Protection Act of 2006 applies, without re- ‘‘(E) the amount necessary to amortize in such amounts shall not be amortized again gard to— equal annual installments (until fully amor- under this section. tized) over a period of 20 years the contribu- ‘‘(i) section 104(a)(2) of such Act; ‘‘(c) SPECIAL RULES.— tions which would be required to be made ‘‘(ii) the amendments to such section 104 ‘‘(1) DETERMINATIONS TO BE MADE UNDER under the plan but for the provisions of sec- by section 202(b) of the Preservation of Ac- FUNDING METHOD.—For purposes of this sec- tion 412(c)(7)(A)(i)(I) (as in effect on the day cess to Care for Medicare Beneficiaries and tion, normal costs, accrued liability, past before the enactment of the Pension Protec- Pension Relief Act of 2010; and service liabilities, and experience gains and tion Act of 2006). ‘‘(iii) paragraph (3)(B); or losses shall be determined under the funding ‘‘(3) CREDITS TO ACCOUNT.—For a plan year, ‘‘(B) that, as of June 25, 2010, was main- method used to determine costs under the tained by more than one employer and all of the funding standard account shall be cred- ited with the sum of— plan. the employers were organizations described ‘‘(2) VALUATION OF ASSETS.— in section 501(c)(3). ‘‘(A) the amount considered contributed by the employer to or under the plan for the ‘‘(A) IN GENERAL.—For purposes of this sec- ‘‘(2) AGGREGATION.—All employers that are tion, the value of the plan’s assets shall be treated as a single employer under sub- plan year, ‘‘(B) the amount necessary to amortize in determined on the basis of any reasonable section (b) or (c) shall be treated as a single actuarial method of valuation which takes employer for purposes of determining if a equal annual installments (until fully amor- tized)— into account fair market value and which is plan was maintained by more than one em- ‘‘(i) separately, with respect to each plan permitted under regulations prescribed by ployer under paragraph (1)(B).’’. year, the net decrease (if any) in unfunded the Secretary. SEC. 202. FUNDING RULES APPLICABLE TO COOP- past service liability under the plan arising ‘‘(B) DEDICATED BOND PORTFOLIO.—The Sec- ERATIVE AND SMALL EMPLOYER from plan amendments adopted in such year, retary may by regulations provide that the CHARITY PENSION PLANS. over a period of 15 plan years, value of any dedicated bond portfolio of a (a) IN GENERAL.—Subpart A of part III of ‘‘(ii) separately, with respect to each plan plan shall be determined by using the inter- subchapter D of chapter 1 of subtitle A of the year, the net experience gain (if any) under est rate under section 412(b)(5) (as in effect Internal Revenue Code of 1986 is amended by the plan, over a period of 5 plan years, and on the day before the enactment of the Pen- adding at the end the following new section: ‘‘(iii) separately, with respect to each plan sion Protection Act of 2006). ‘‘SEC. 433. MINIMUM FUNDING STANDARDS. year, the net gain (if any) resulting from ‘‘(3) ACTUARIAL ASSUMPTIONS MUST BE REA- ‘‘(a) GENERAL RULE.—For purposes of sec- changes in actuarial assumptions used under SONABLE.—For purposes of this section, all tion 412, the term ‘accumulated funding defi- the plan, over a period of 10 plan years, costs, liabilities, rates of interest, and other ciency’ for a CSEC plan means the excess of ‘‘(C) the amount of the waived funding de- factors under the plan shall be determined the total charges to the funding standard ac- ficiency (within the meaning of section on the basis of actuarial assumptions and count for all plan years (beginning with the 412(c)(3)) for the plan year, and methods— first plan year to which section 412 applies) ‘‘(D) in the case of a plan year for which ‘‘(A) each of which is reasonable (taking over the total credits to such account for the accumulated funding deficiency is deter- into account the experience of the plan and such years or, if less, the excess of the total mined under the funding standard account if reasonable expectations), and charges to the alternative minimum funding such plan year follows a plan year for which ‘‘(B) which, in combination, offer the actu- standard account for such plan years over such deficiency was determined under the al- ary’s best estimate of anticipated experience the total credits to such account for such ternative minimum funding standard, the ex- under the plan. years. cess (if any) of any debit balance in the fund- ‘‘(4) TREATMENT OF CERTAIN CHANGES AS EX- ‘‘(b) FUNDING STANDARD ACCOUNT.— ing standard account (determined without PERIENCE GAIN OR LOSS.—For purposes of this ‘‘(1) ACCOUNT REQUIRED.—Each plan to regard to this subparagraph) over any debit section, if— which this section applies shall establish and balance in the alternative minimum funding ‘‘(A) a change in benefits under the Social maintain a funding standard account. Such standard account. Security Act or in other retirement benefits account shall be credited and charged solely ‘‘(4) COMBINING AND OFFSETTING AMOUNTS created under Federal or State law, or as provided in this section. TO BE AMORTIZED.—Under regulations pre- ‘‘(B) a change in the definition of the term ‘‘(2) CHARGES TO ACCOUNT.—For a plan year, scribed by the Secretary, amounts required ‘wages’ under section 3121 or a change in the the funding standard account shall be to be amortized under paragraph (2) or para- amount of such wages taken into account charged with the sum of— graph (3), as the case may be— under regulations prescribed for purposes of ‘‘(A) the normal cost of the plan for the ‘‘(A) may be combined into one amount section 401(a)(5), plan year, under such paragraph to be amortized over a results in an increase or decrease in accrued ‘‘(B) the amounts necessary to amortize in period determined on the basis of the re- liability under a plan, such increase or de- equal annual installments (until fully amor- maining amortization period for all items crease shall be treated as an experience loss tized)— entering into such combined amount, and or gain. ‘‘(i) in the case of a plan in existence on ‘‘(B) may be offset against amounts re- ‘‘(5) FUNDING METHOD AND PLAN YEAR.— January 1, 1974, the unfunded past service li- quired to be amortized under the other such ‘‘(A) FUNDING METHODS AVAILABLE.—All ability under the plan on the first day of the paragraph, with the resulting amount to be funding methods available to CSEC plans first plan year to which section 412 applies, amortized over a period determined on the under section 412 (as in effect on the day be- over a period of 40 plan years, basis of the remaining amortization periods fore the enactment of the Pension Protec- ‘‘(ii) in the case of a plan which comes into for all items entering into whichever of the tion Act of 2006) shall continue to be avail- existence after January 1, 1974, but before two amounts being offset is the greater. able under this section. the first day of the first plan year beginning ‘‘(5) INTEREST.— ‘‘(B) CHANGES.—If the funding method for a after December 31, 2013, the unfunded past ‘‘(A) IN GENERAL.—Except as provided in plan is changed, the new funding method service liability under the plan on the first subparagraph (B), the funding standard ac- shall become the funding method used to de- day of the first plan year to which section count (and items therein) shall be charged or termine costs and liabilities under the plan 412 applies, over a period of 30 plan years, credited (as determined under regulations only if the change is approved by the Sec- ‘‘(iii) separately, with respect to each plan prescribed by the Secretary) with interest at retary. If the plan year for a plan is changed, year, the net increase (if any) in unfunded the appropriate rate consistent with the rate the new plan year shall become the plan year past service liability under the plan arising or rates of interest used under the plan to for the plan only if the change is approved by from plan amendments adopted in such year, determine costs. the Secretary. over a period of 15 plan years, ‘‘(B) EXCEPTION.—The interest rate used for ‘‘(C) APPROVAL REQUIRED FOR CERTAIN ‘‘(iv) separately, with respect to each plan purposes of computing the amortization CHANGES IN ASSUMPTIONS BY CERTAIN SINGLE- year, the net experience loss (if any) under charge described in subsection (b)(2)(C) or for EMPLOYER PLANS SUBJECT TO ADDITIONAL the plan, over a period of 5 plan years, and purposes of any arrangement under sub- FUNDING REQUIREMENT.—

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‘‘(i) IN GENERAL.—No actuarial assumption every year, except that such determination ‘‘(A) charged with the sum of— (other than the assumptions described in shall be made more frequently to the extent ‘‘(i) the lesser of normal cost under the subsection (h)(3)) used to determine the cur- required in particular cases under regula- funding method used under the plan or nor- rent liability for a plan to which this sub- tions prescribed by the Secretary. mal cost determined under the unit credit paragraph applies may be changed without ‘‘(B) VALUATION DATE.— method, the approval of the Secretary. ‘‘(i) CURRENT YEAR.—Except as provided in ‘‘(ii) the excess, if any, of the present value ‘‘(ii) PLANS TO WHICH SUBPARAGRAPH AP- clause (ii), the valuation referred to in sub- of accrued benefits under the plan over the PLIES.—This subparagraph shall apply to a paragraph (A) shall be made as of a date fair market value of the assets, and plan only if— within the plan year to which the valuation ‘‘(iii) an amount equal to the excess (if ‘‘(I) the plan is a CSEC plan, refers or within one month prior to the be- any) of credits to the alternative minimum ‘‘(II) the aggregate unfunded vested bene- ginning of such year. standard account for all prior plan years fits as of the close of the preceding plan year ‘‘(ii) USE OF PRIOR YEAR VALUATION.—The over charges to such account for all such (as determined under section 4006(a)(3)(E)(iii) valuation referred to in subparagraph (A) years, and of the Employee Retirement Income Secu- may be made as of a date within the plan ‘‘(B) credited with the amount considered rity Act of 1974) of such plan and all other year prior to the year to which the valuation contributed by the employer to or under the plans maintained by the contributing spon- refers if, as of such date, the value of the as- plan for the plan year. sors (as defined in section 4001(a)(13) of such sets of the plan are not less than 100 percent ‘‘(3) INTEREST.—The alternative minimum Act) and members of such sponsors’ con- of the plan’s current liability. funding standard account (and items therein) trolled groups (as defined in section ‘‘(iii) ADJUSTMENTS.—Information under shall be charged or credited with interest in 4001(a)(14) of such Act) which are covered by clause (ii) shall, in accordance with regula- the manner provided under subsection (b)(5) title IV (disregarding plans with no unfunded tions, be actuarially adjusted to reflect sig- with respect to the funding standard ac- vested benefits) exceed $50,000,000, and nificant differences in participants. count. ‘‘(III) the change in assumptions (deter- ‘‘(iv) LIMITATION.—A change in funding ‘‘(f) QUARTERLY CONTRIBUTIONS RE- mined after taking into account any changes method to use a prior year valuation, as pro- QUIRED.— in interest rate and mortality table) results vided in clause (ii), may not be made unless ‘‘(1) IN GENERAL.—If a CSEC plan which has in a decrease in the funding shortfall of the as of the valuation date within the prior plan a funded current liability percentage for the plan for the current plan year that exceeds year, the value of the assets of the plan are preceding plan year of less than 100 percent $50,000,000, or that exceeds $5,000,000 and that not less than 125 percent of the plan’s cur- fails to pay the full amount of a required in- is 5 percent or more of the current liability rent liability. stallment for the plan year, then the rate of of the plan before such change. ‘‘(9) TIME WHEN CERTAIN CONTRIBUTIONS ‘‘(6) FULL FUNDING.—If, as of the close of a interest charged to the funding standard ac- DEEMED MADE.—For purposes of this section, count under subsection (b)(5) with respect to plan year, a plan would (without regard to any contributions for a plan year made by an the amount of the underpayment for the pe- this paragraph) have an accumulated funding employer during the period— riod of the underpayment shall be equal to deficiency (determined without regard to the ‘‘(A) beginning on the day after the last the greater of— alternative minimum funding standard ac- day of such plan year, and count permitted under subsection (e)) in ex- ‘‘(A) 175 percent of the Federal mid-term ‘‘(B) ending on the day which is 81⁄2 months cess of the full funding limitation— rate (as in effect under section 1274 for the after the close of the plan year, ‘‘(A) the funding standard account shall be 1st month of such plan year), or shall be deemed to have been made on such credited with the amount of such excess, and ‘‘(B) the rate of interest used under the last day. ‘‘(B) all amounts described in paragraphs plan in determining costs. ‘‘(10) ANTICIPATION OF BENEFIT INCREASES (2)(B), (C), and (D) and (3)(B) of subsection (b) ‘‘(2) AMOUNT OF UNDERPAYMENT, PERIOD OF EFFECTIVE IN THE FUTURE.—In determining which are required to be amortized shall be UNDERPAYMENT.—For purposes of paragraph projected benefits, the funding method of a considered fully amortized for purposes of (1)— collectively bargained CSEC plan described such paragraphs. ‘‘(A) AMOUNT.—The amount of the under- in section 413(a) shall anticipate benefit in- ‘‘(7) FULL-FUNDING LIMITATION.—For pur- payment shall be the excess of— creases scheduled to take effect during the poses of paragraph (6), the term ‘full-funding ‘‘(i) the required installment, over term of the collective bargaining agreement limitation’ means the excess (if any) of— ‘‘(ii) the amount (if any) of the installment applicable to the plan. ‘‘(A) the accrued liability (including nor- contributed to or under the plan on or before ‘‘(d) EXTENSION OF AMORTIZATION PERI- mal cost) under the plan (determined under the due date for the installment. ODS.—The period of years required to amor- the entry age normal funding method if such ‘‘(B) PERIOD OF UNDERPAYMENT.—The pe- tize any unfunded liability (described in any accrued liability cannot be directly cal- riod for which interest is charged under this clause of subsection (b)(2)(B)) of any plan culated under the funding method used for subsection with regard to any portion of the the plan), over may be extended by the Secretary for a pe- underpayment shall run from the due date ‘‘(B) the lesser of— riod of time (not in excess of 10 years) if the for the installment to the date on which ‘‘(i) the fair market value of the plan’s as- Secretary determines that such extension such portion is contributed to or under the sets, or would carry out the purposes of the Em- plan (determined without regard to sub- ‘‘(ii) the value of such assets determined ployee Retirement Income Security Act of section (c)(9)). under paragraph (2). 1974 and provide adequate protection for par- ‘‘(C) ORDER OF CREDITING CONTRIBUTIONS.— ‘‘(C) MINIMUM AMOUNT.— ticipants under the plan and their bene- For purposes of subparagraph (A)(ii), con- ‘‘(i) IN GENERAL.—In no event shall the full- ficiaries, and if the Secretary determines tributions shall be credited against unpaid funding limitation determined under sub- that the failure to permit such extension required installments in the order in which paragraph (A) be less than the excess (if any) would result in— such installments are required to be paid. of— ‘‘(1) a substantial risk to the voluntary ‘‘(3) NUMBER OF REQUIRED INSTALLMENTS; ‘‘(I) 90 percent of the current liability (de- continuation of the plan, or DUE DATES.—For purposes of this sub- termined without regard to paragraph (4) of ‘‘(2) a substantial curtailment of pension section— subsection (h)) of the plan (including the ex- benefit levels or employee compensation. ‘‘(A) PAYABLE IN 4 INSTALLMENTS.—There pected increase in such current liability due ‘‘(e) ALTERNATIVE MINIMUM FUNDING shall be 4 required installments for each plan to benefits accruing during the plan year), STANDARD.— year. over ‘‘(1) IN GENERAL.—A CSEC plan which uses ‘‘(B) TIME FOR PAYMENT OF INSTALL- ‘‘(II) the value of the plan’s assets deter- a funding method that requires contribu- MENTS.— mined under paragraph (2). tions in all years not less than those re- ‘‘(ii) ASSETS.—For purposes of clause (i), quired under the entry age normal funding ‘‘In the case of the fol- assets shall not be reduced by any credit bal- method may maintain an alternative min- lowing required install- The due date is: ance in the funding standard account. imum funding standard account for any plan ments: ‘‘(8) ANNUAL VALUATION.— year. Such account shall be credited and 1st ...... April 15 ‘‘(A) IN GENERAL.—For purposes of this sec- charged solely as provided in this subsection. 2nd ...... July 15 tion, a determination of experience gains and ‘‘(2) CHARGES AND CREDITS TO ACCOUNT.— 3rd ...... October 15 losses and a valuation of the plan’s liability For a plan year the alternative minimum 4th ...... January 15 of the fol- shall be made not less frequently than once funding standard account shall be— lowing year.

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‘‘(4) AMOUNT OF REQUIRED INSTALLMENT.— ‘‘(iv) ADJUSTED DISBURSEMENTS.—The term described in paragraph (1)(B). Such lien shall For purposes of this subsection— ‘adjusted disbursements’ means disburse- continue to run without regard to whether ‘‘(A) IN GENERAL.—The amount of any re- ments from the plan reduced by the product such plan continues to be described in para- quired installment shall be 25 percent of the of— graph (2) during the period referred to in the required annual payment. ‘‘(I) the plan’s funded current liability per- preceding sentence. ‘‘(B) REQUIRED ANNUAL PAYMENT.—For pur- centage for the plan year, and ‘‘(C) CERTAIN RULES TO APPLY.—Any poses of subparagraph (A), the term ‘required ‘‘(II) the sum of the purchases of annuities, amount with respect to which a lien is im- annual payment’ means the lesser of— payments of single sums, and such other dis- posed under paragraph (1) shall be treated as ‘‘(i) 90 percent of the amount required to be bursements as the Secretary shall provide in taxes due and owing the United States and contributed to or under the plan by the em- regulations. rules similar to the rules of subsections (c), ployer for the plan year under section 412 ‘‘(v) LIQUID ASSETS.—The term ‘liquid as- (d), and (e) of section 4068 of the Employee (without regard to any waiver under sub- sets’ means cash, marketable securities and Retirement Income Security Act of 1974 shall section (c) thereof), or such other assets as specified by the Sec- apply with respect to a lien imposed by sub- ‘‘(ii) 100 percent of the amount so required retary in regulations. section (a) and the amount with respect to for the preceding plan year. ‘‘(vi) QUARTER.—The term ‘quarter’ means, such lien. Clause (ii) shall not apply if the preceding with respect to any required installment, the ‘‘(5) ENFORCEMENT.—Any lien created plan year was not a year of 12 months. 3-month period preceding the month in under paragraph (1) may be perfected and en- ‘‘(5) LIQUIDITY REQUIREMENT.— which the due date for such installment oc- forced only by the Pension Benefit Guaranty ‘‘(A) IN GENERAL.—A plan to which this curs. Corporation, or at the direction of the Pen- paragraph applies shall be treated as failing ‘‘(F) REGULATIONS.—The Secretary may sion Benefit Guaranty Corporation, by any to pay the full amount of any required in- prescribe such regulations as are necessary contributing employer (or any member of stallment to the extent that the value of the to carry out this paragraph. the controlled group of the contributing em- liquid assets paid in such installment is less ‘‘(6) FISCAL YEARS AND SHORT YEARS.— ployer). than the liquidity shortfall (whether or not ‘‘(A) FISCAL YEARS.—In applying this sub- such liquidity shortfall exceeds the amount section to a plan year beginning on any date ‘‘(6) DEFINITIONS.—For purposes of this sub- of such installment required to be paid but other than January 1, there shall be sub- section— for this paragraph). stituted for the months specified in this sub- ‘‘(A) DUE DATE; REQUIRED INSTALLMENT.— ‘‘(B) PLANS TO WHICH PARAGRAPH APPLIES.— section, the months which correspond there- The terms ‘due date’ and ‘required install- This paragraph shall apply to a CSEC plan to. ment’ have the meanings given such terms other than a plan described in section ‘‘(B) SHORT PLAN YEAR.—This subsection by subsection (f), except that in the case of 412(l)(6)(A) (as in effect on the day before the shall be applied to plan years of less than 12 a payment other than a required install- enactment of the Pension Protection Act of months in accordance with regulations pre- ment, the due date shall be the date such 2006) which— scribed by the Secretary. payment is required to be made under this ‘‘(i) is required to pay installments under ‘‘(g) IMPOSITION OF LIEN WHERE FAILURE TO section. this subsection for a plan year, and MAKE REQUIRED CONTRIBUTIONS.— ‘‘(B) CONTROLLED GROUP.—The term ‘con- ‘‘(ii) has a liquidity shortfall for any quar- ‘‘(1) IN GENERAL.—In the case of a plan to trolled group’ means any group treated as a ter during such plan year. which this section applies, if— single employer under subsections (b), (c), ‘‘(C) PERIOD OF UNDERPAYMENT.—For pur- ‘‘(A) any person fails to make a required (m), and (o) of section 414. installment under subsection (f) or any other poses of paragraph (1), any portion of an in- ‘‘(h) CURRENT LIABILITY.—For purposes of payment required under this section before stallment that is treated as not paid under this section— subparagraph (A) shall continue to be treat- the due date for such installment or other ‘‘(1) IN GENERAL.—The term ‘current liabil- ed as unpaid until the close of the quarter in payment, and ity’ means all liabilities to employees and which the due date for such installment oc- ‘‘(B) the unpaid balance of such install- their beneficiaries under the plan. curs. ment or other payment (including interest), ‘‘(2) TREATMENT OF UNPREDICTABLE CONTIN- ‘‘(D) LIMITATION ON INCREASE.—If the when added to the aggregate unpaid balance amount of any required installment is in- of all preceding such installments or other GENT EVENT BENEFITS.— creased by reason of subparagraph (A), in no payments for which payment was not made ‘‘(A) IN GENERAL.—For purposes of para- event shall such increase exceed the amount before the due date (including interest), ex- graph (1), any unpredictable contingent which, when added to prior installments for ceeds $1,000,000, event benefit shall not be taken into account the plan year, is necessary to increase the then there shall be a lien in favor of the plan until the event on which the benefit is con- funded current liability percentage (taking in the amount determined under paragraph tingent occurs. into account the expected increase in cur- (3) upon all property and rights to property, ‘‘(B) UNPREDICTABLE CONTINGENT EVENT rent liability due to benefits accruing during whether real or personal, belonging to such BENEFIT.—The term ‘unpredictable contin- the plan year) to 100 percent. person and any other person who is a mem- gent event benefit’ means any benefit con- ‘‘(E) DEFINITIONS.—For purposes of this ber of the same controlled group of which tingent on an event other than— paragraph— such person is a member. ‘‘(i) age, service, compensation, death, or ‘‘(i) LIQUIDITY SHORTFALL.—The term ‘li- ‘‘(2) PLANS TO WHICH SUBSECTION APPLIES.— disability, or quidity shortfall’ means, with respect to any This subsection shall apply to a CSEC plan ‘‘(ii) an event which is reasonably and reli- required installment, an amount equal to the for any plan year for which the funded cur- ably predictable (as determined by the Sec- excess (as of the last day of the quarter for rent liability percentage of such plan is less retary). which such installment is made) of the base than 100 percent. This subsection shall not ‘‘(3) INTEREST RATE AND MORTALITY AS- amount with respect to such quarter over apply to any plan to which section 4021 of the SUMPTIONS USED.— the value (as of such last day) of the plan’s Employee Retirement Income Security Act ‘‘(A) INTEREST RATE.—The rate of interest liquid assets. of 1974 does not apply (as such section is in used to determine current liability under ‘‘(ii) BASE AMOUNT.— effect on the date of the enactment of the this section shall be the third segment rate ‘‘(I) IN GENERAL.—The term ‘base amount’ Retirement Protection Act of 1994). determined under section 430(h)(2)(C). means, with respect to any quarter, an ‘‘(3) AMOUNT OF LIEN.—For purposes of ‘‘(B) MORTALITY TABLES.— amount equal to 3 times the sum of the ad- paragraph (1), the amount of the lien shall be ‘‘(i) SECRETARIAL AUTHORITY.—The Sec- justed disbursements from the plan for the 12 equal to the aggregate unpaid balance of re- retary may by regulation prescribe mor- months ending on the last day of such quar- quired installments and other payments re- tality tables to be used in determining cur- ter. quired under this section (including inter- rent liability under this subsection. Such ta- ‘‘(II) SPECIAL RULE.—If the amount deter- est)— bles shall be based upon the actual experi- mined under subclause (I) exceeds an amount ‘‘(A) for plan years beginning after 1987, ence of pension plans and projected trends in equal to 2 times the sum of the adjusted dis- and such experience. In prescribing such tables, bursements from the plan for the 36 months ‘‘(B) for which payment has not been made the Secretary shall take into account results ending on the last day of the quarter and an before the due date. of available independent studies of mortality enrolled actuary certifies to the satisfaction ‘‘(4) NOTICE OF FAILURE; LIEN.— of individuals covered by pension plans. of the Secretary that such excess is the re- ‘‘(A) NOTICE OF FAILURE.—A person com- ‘‘(ii) PERIODIC REVIEW.—The Secretary sult of nonrecurring circumstances, the base mitting a failure described in paragraph (1) shall periodically (at least every 5 years) re- amount with respect to such quarter shall be shall notify the Pension Benefit Guaranty view any tables in effect under this sub- determined without regard to amounts re- Corporation of such failure within 10 days of section and shall, to the extent the Sec- lated to those nonrecurring circumstances. the due date for the required installment or retary determines necessary, by regulation ‘‘(iii) DISBURSEMENTS FROM THE PLAN.—The other payment. update the tables to reflect the actual expe- term ‘disbursements from the plan’ means ‘‘(B) PERIOD OF LIEN.—The lien imposed by rience of pension plans and projected trends all disbursements from the trust, including paragraph (1) shall arise on the due date for in such experience. purchases of annuities, payments of single the required installment or other payment ‘‘(C) SEPARATE MORTALITY TABLES FOR THE sums and other benefits, and administrative and shall continue until the last day of the DISABLED.—Notwithstanding subparagraph expenses. first plan year in which the plan ceases to be (B)—

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‘‘(i) IN GENERAL.—In the case of plan years ‘‘(i) the amount described in subsection (a), the plan’s funded percentage as of the begin- beginning after December 31, 1995, the Sec- or ning of the plan year. retary shall establish mortality tables which ‘‘(ii) the excess of the normal cost of the ‘‘(5) DEFINITIONS.—For purposes of this sub- may be used (in lieu of the tables under sub- plan for the plan year over the amount actu- section— paragraph (B)) to determine current liability ally contributed to or under the plan for the ‘‘(A) FUNDING RESTORATION STATUS.—A under this subsection for individuals who are plan year. CSEC plan shall be treated as in funding res- entitled to benefits under the plan on ac- ‘‘(B) NORMAL COST.—In the case of a CSEC toration status for a plan year if the plan’s count of disability. The Secretary shall es- plan that uses a spread gain funding method, funded percentage as of the beginning of tablish separate tables for individuals whose for purposes of this subsection, the term such plan year is less than 80 percent. disabilities occur in plan years beginning be- ‘normal cost’ means normal cost as deter- ‘‘(B) FUNDED PERCENTAGE.—The term ‘fund- fore January 1, 1995, and for individuals mined under the entry age normal funding ed percentage’ means the ratio (expressed as whose disabilities occur in plan years begin- method. a percentage) which— ning on or after such date. ‘‘(2) PLAN AMENDMENTS.—In the case of a ‘‘(i) the value of plan assets (as determined ‘‘(ii) SPECIAL RULE FOR DISABILITIES OCCUR- CSEC plan that is in funding restoration sta- under subsection (c)(2)), bears to RING AFTER 1994.—In the case of disabilities tus for a plan year, no amendment to such ‘‘(ii) the plan’s funding liability. occurring in plan years beginning after De- plan may take effect during such plan year if ‘‘(C) FUNDING LIABILITY.—The term ‘fund- cember 31, 1994, the tables under clause (i) such amendment has the effect of increasing ing liability’ for a plan year means the shall apply only with respect to individuals liabilities of the plan by means of increases present value of all benefits accrued or described in such subclause who are disabled in benefits, establishment of new benefits, earned under the plan as of the beginning of within the meaning of title II of the Social changing the rate of benefit accrual, or the plan year, based on the assumptions used Security Act and the regulations thereunder. changing the rate at which benefits become by the plan pursuant to this section, includ- ‘‘(4) CERTAIN SERVICE DISREGARDED.— nonforfeitable. This paragraph shall not ing the interest rate described in subsection ‘‘(A) IN GENERAL.—In the case of a partici- apply to any plan amendment that is re- (b)(5)(A) (without regard to subsection pant to whom this paragraph applies, only quired to comply with any applicable law. (b)(5)(B)). the applicable percentage of the years of This paragraph shall cease to apply with re- ‘‘(D) SPREAD GAIN FUNDING METHOD.—The service before such individual became a par- spect to any plan year, effective as of the term ‘spread gain funding method’ has the ticipant shall be taken into account in com- first day of the plan year (or if later, the ef- meaning given such term under rules and puting the current liability of the plan. fective date of the amendment) upon pay- forms issued by the Secretary. ‘‘(B) APPLICABLE PERCENTAGE.—For pur- ment by the plan sponsor of a contribution ‘‘(E) PLAN SPONSOR.—The term ‘plan spon- poses of this subparagraph, the applicable to the plan (in addition to any contribution sor’ means, with respect to a CSEC plan, the percentage shall be determined as follows: required under this section without regard to association, committee, joint board of trust- this paragraph) in an amount equal to the ees, or other similar group of representatives ‘‘If the years of participa- increase in the funding liability of the plan The applicable percent- of the parties who establish or maintain the tion attributable to the plan amendment. are: age is: plan.’’. ‘‘(3) FUNDING RESTORATION PLAN.—The 1 ...... 20 sponsor of a CSEC plan shall establish a (b) CSEC PLANS.—Section 413 of the Inter- 2 ...... 40 written funding restoration plan within 180 nal Revenue Code of 1986 is amended by add- 3 ...... 60 days of the receipt by the plan sponsor of a ing at the end the following new subsection: 4 ...... 80 certification from the plan actuary that the ‘‘(d) CSEC PLANS.—Notwithstanding any 5 or more ...... 100. plan is in funding restoration status for a other provision of this section, in the case of ‘‘(C) PARTICIPANTS TO WHOM PARAGRAPH AP- plan year. Such funding restoration plan a CSEC plan— PLIES.—This subparagraph shall apply to any shall consist of actions that are calculated, ‘‘(1) FUNDING.—The requirements of section participant who, at the time of becoming a based on reasonably anticipated experience 412 shall be determined as if all participants participant— and reasonable actuarial assumptions, to in- in the plan were employed by a single em- ‘‘(i) has not accrued any other benefit crease the plan’s funded percentage to 100 ployer. under any defined benefit plan (whether or percent over a period that is not longer than ‘‘(2) APPLICATION OF PROVISIONS.—Para- not terminated) maintained by the employer the greater of 7 years or the shortest amount graphs (1), (2), (3), and (5) of subsection (c) or a member of the same controlled group of of time practicable. Such funding restora- shall apply. which the employer is a member, tion plan shall take into account contribu- ‘‘(3) DEDUCTION LIMITATIONS.—Each appli- ‘‘(ii) who first becomes a participant under tions required under this section (without re- cable limitation provided by section 404(a) the plan in a plan year beginning after De- gard to this paragraph). If a plan remains in shall be determined as if all participants in cember 31, 1987, and funding restoration status for 2 or more the plan were employed by a single em- ‘‘(iii) has years of service greater than the years, such funding restoration plan shall be ployer. The amounts contributed to or under minimum years of service necessary for eli- updated each year after the 1st such year the plan by each employer who maintains gibility to participate in the plan. within 180 days of receipt by the plan sponsor the plan (for the portion of the taxable year ‘‘(D) ELECTION.—An employer may elect of a certification from the plan actuary that included within a plan year) shall be consid- not to have this subparagraph apply. Such an the plan remains in funding restoration sta- ered not to exceed such applicable limitation election, once made, may be revoked only tus for the plan year. if the anticipated employer contributions for with the consent of the Secretary. ‘‘(4) ANNUAL CERTIFICATION BY PLAN ACTU- such plan year of all employers (determined ‘‘(i) FUNDED CURRENT LIABILITY PERCENT- ARY.—Not later than the 90th day of each in a reasonable manner not inconsistent AGE.—For purposes of this section, the term plan year of a CSEC plan, the plan actuary with regulations prescribed by the Sec- ‘funded current liability percentage’ means, shall certify to the plan sponsor whether or retary) do not exceed such limitation. If such with respect to any plan year, the percent- not the plan is in funding restoration status anticipated contributions exceed such limi- age which— for the plan year, based on the plan’s funded tation, the portion of each such employer’s ‘‘(1) the value of the plan’s assets deter- percentage as of the beginning of the plan contributions which is not deductible under mined under subsection (c)(2), is of year. For this purpose, the actuary may con- section 404 shall be determined in accordance ‘‘(2) the current liability under the plan. clusively rely on an estimate of— with regulations prescribed by the Sec- ‘‘(j) FUNDING RESTORATION STATUS.—Not- ‘‘(A) the plan’s funding liability, based on retary. withstanding any other provisions of this the funding liability of the plan for the pre- ‘‘(4) ALLOCATIONS.—Allocations of amounts section— ceding plan year and on reasonable actuarial under paragraph (3) and subsection (c)(5) ‘‘(1) NORMAL COST PAYMENT.— estimates, assumptions, and methods, and among the employers maintaining the plan ‘‘(A) IN GENERAL.—In the case of a CSEC ‘‘(B) the amount of any contributions rea- shall not be inconsistent with the regula- plan that is in funding restoration status for sonably anticipated to be made for the pre- tions prescribed for this purpose by the Sec- a plan year, for purposes of section 412, the ceding plan year. retary.’’. term ‘accumulated funding deficiency’ Contributions described in subparagraph (B) means, for such plan year, the greater of— shall be taken into account in determining (c) SEPARATE RULES FOR CSEC PLANS.—

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(1) IN GENERAL.—Paragraph (2) of section serting ‘‘multiemployer plans or CSEC (ii) by striking ‘‘430(j)’’ in paragraph (1)(B) 412(a) of the Internal Revenue Code of 1986 is plans’’. and inserting ‘‘430(j) or 433(f), whichever is amended by striking ‘‘and’’ at the end of sub- (5) LIQUIDITY SHORTFALLS.— applicable’’, and paragraph (B), by striking the period at the (A) IN GENERAL.—Subparagraph (A) of sec- (iii) by striking ‘‘412(m)(5)’’ in paragraph end of subparagraph (C) and inserting ‘‘, tion 401(a)(32) of such Code is amended by (3)(A) and inserting ‘‘430(j) or 433(f), which- and’’, and by inserting at the end thereof the striking ‘‘430(j)(4)’’ each place it appears and ever is applicable’’. following new subparagraph: inserting ‘‘430(j)(4) or 433(f)(5)’’. (9) EXCISE TAX ON FAILURE TO ADOPT FUND- ‘‘(D) in the case of a CSEC plan, the em- (B) PERIOD OF SHORTFALL.—Subparagraph ING RESTORATION PLAN.—Section 4971 of such ployers make contributions to or under the (C) of section 401(a)(32) of such Code is Code is amended by redesignating subsection plan for any plan year which, in the aggre- amended by striking ‘‘430(j)(3) by reason of (h) as subsection (i), and by inserting after gate, are sufficient to ensure that the plan section 430(j)(4)(A) thereof’’ and inserting subsection (g) the following new subsection: ‘‘(h) FAILURE OF A CSEC PLAN SPONSOR TO does not have an accumulated funding defi- ‘‘430(j)(3) or 433(f) by reason of section ciency under section 433 as of the end of the ADOPT FUNDING RESTORATION PLAN.— 430(j)(4)(A) or 433(f)(5), respectively’’. plan year.’’. ‘‘(1) IN GENERAL.—In the case of a CSEC (6) DEDUCTION LIMITS.—Subsection (o) of (2) CONFORMING AMENDMENTS.—Section 412 plan that is in funding restoration status section 404 of such Code is amended by add- of such Code is amended— (within the meaning of section 433(j)(5)(A)), (A) by striking ‘‘multiemployer plan’’ in ing at the end the following new paragraph: there is hereby imposed a tax on the failure paragraph (A) of subsection (a)(2), in clause ‘‘(8) CSEC PLANS.—Solely for purposes of of such plan to adopt a funding restoration (i) of subsection (c)(1)(B), the first place it this subsection, a CSEC plan shall be treated plan within the time prescribed under sec- appears in clause (i) of subsection (c)(1)(A), as though section 430 applied to such plan tion 433(j)(3). and the last place it appears in paragraph (2) and the minimum required contribution for ‘‘(2) AMOUNT OF TAX.—The amount of the of subsection (d), and inserting ‘‘multiem- any plan year shall be the amount described tax imposed under paragraph (1) with respect ployer plan or a CSEC plan’’, in section 412(a)(2)(D).’’. to any plan sponsor for any taxable year (B) by striking ‘‘430(j)’’ in paragraph (1) of (7) SECTION 420.—Paragraph (5) of section shall be the amount equal to $100 multiplied subsection (b) and inserting ‘‘430(j) or under 420(e) of such Code is amended by striking by the number of days during the taxable section 433(f)’’, ‘‘section 430’’ each place it appears and in- year which are included in the period begin- (C)(i) by striking ‘‘and’’ at the end of serting ‘‘sections 430 and 433’’. ning on the day following the close of the clause (i) of subsection (c)(1)(B), (8) COORDINATION WITH SECTION 4971.— 180-day period described in section 433(j)(3) (ii) by striking the period at the end of (A) Subsection (a) of section 4971 of such and ending on the day on which the funding clause (ii) of subsection (c)(1)(B) and insert- Code is amended by striking ‘‘and’’ at the restoration plan is adopted. ing ‘‘, and’’, and end of paragraph (1), by striking the period ‘‘(3) WAIVER BY SECRETARY.—In the case of (iii) by inserting the following new clause at the end of paragraph (2) and inserting ‘‘, a failure described in paragraph (1) which the after clause (ii) of subsection (c)(1)(B): and’’, and by adding at the end thereof the Secretary determines is due to reasonable ‘‘(iii) in the case of a CSEC plan, the fund- following new paragraph: cause and not to willful neglect, the Sec- ing standard account shall be credited under ‘‘(3) in the case of a CSEC plan, 10 percent retary may waive a portion or all of the tax section 433(b)(3)(C) with the amount of the of the CSEC accumulated funding deficiency imposed by such paragraph. waived funding deficiency and such amount as of the end of the plan year ending with or ‘‘(4) LIABILITY FOR TAX.—The tax imposed shall be amortized as required under section within the taxable year.’’. by paragraph (1) shall be paid by the plan 433(b)(2)(C).’’, (B) Subsection (b) of section 4971 of such sponsor (within the meaning of section (D) by striking ‘‘under paragraph (1)’’ in Code is amended— 433(j)(5)(E)).’’. clause (i) of subsection (c)(4)(A) and insert- (i) by striking ‘‘or’’ at the end of paragraph (10) REPORTING.— ing ‘‘under paragraph (1) or for granting an (1), by adding ‘‘or’’ at the end of paragraph (A) IN GENERAL.—Paragraph (2) of section extension under section 433(d)’’, (2), and by inserting immediately after para- 6059(b) of such Code is amended by striking (E) by striking ‘‘waiver under this sub- graph (2) the following new paragraph: ‘‘430,’’ and inserting ‘‘430, the accumulated section’’ in subparagraph (B) of subsection ‘‘(3) a tax is imposed under subsection funding deficiency under section 433,’’. (c)(4) and inserting ‘‘waiver under this sub- (a)(3) on any CSEC accumulated funding de- (B) ASSUMPTIONS.—Subparagraph (B) of section or an extension under 433(d)’’, ficiency and the CSEC accumulated funding section 6059(b)(3) of such Code is amended by (F) by striking ‘‘waiver or modification’’ in deficiency is not corrected within the tax- striking ‘‘430(h)(1) or 431(c)(3)’’ and inserting subclause (I) of subsection (c)(4)(B)(i) and in- able period,’’, and ‘‘430(h)(1), 431(c)(3), or 433(c)(3)’’. serting ‘‘waiver, modification, or extension’’, (ii) by striking ‘‘minimum required con- SEC. 203. ELECTION NOT TO BE TREATED AS A (G) by striking ‘‘waivers’’ in the heading of tributions or accumulated funding defi- CSEC PLAN. subsection (c)(4)(C) and of clause (ii) of sub- ciency’’ and inserting ‘‘minimum required (a) IN GENERAL.—Section 414(y) of the In- section (c)(4)(C) and inserting ‘‘waivers or contribution, accumulated funding defi- ternal Revenue Code of 1986, as added by sec- extensions’’, ciency, or CSEC accumulated funding defi- tion 201, is amended by adding at the end the (H) by striking ‘‘section 431(d)’’ in subpara- ciency’’. following new paragraph: graph (A) of subsection (c)(7) and in para- (C) Subsection (c) of section 4971 of such ‘‘(3) ELECTION.— graph (2) of subsection (d) and inserting ‘‘sec- ‘‘(A) IN GENERAL.—If a plan falls within the tion 431(d) or section 433(d)’’, Code is amended— (i) by striking ‘‘accumulated funding defi- definition of a CSEC plan under this sub- (I) by striking ‘‘and’’ at the end of sub- section (without regard to this paragraph), clause (I) of subsection (c)(4)(C)(i) and insert- ciency’’ each place it appears in paragraph (2) and inserting ‘‘accumulated funding defi- such plan shall be a CSEC plan unless the ing ‘‘or the accumulated funding deficiency plan sponsor elects not later than the close under section 433, whichever is applicable,’’, ciency or CSEC accumulated funding defi- ciency’’, of the first plan year of the plan beginning (J) by striking ‘‘430(e)(2),’’ in subclause (II) after December 31, 2013, not to be treated as of subsection (c)(4)(C)(i) and inserting (ii) by striking ‘‘accumulated funding defi- ciency or unpaid minimum required con- a CSEC plan. An election under the pre- ‘‘430(e)(2) or 433(b)(2)(C), whichever is appli- ceding sentence shall take effect for such cable, and’’, tribution’’ each place it appears in paragraph (3) and inserting ‘‘accumulated funding defi- plan year and, once made, may be revoked (K) by adding immediately after subclause only with the consent of the Secretary. (II) of subsection (c)(4)(C)(i) the following ciency, CSEC accumulated funding defi- ciency, or unpaid minimum required con- ‘‘(B) SPECIAL RULE.—If a plan described in new subclause: subparagraph (A) is treated as a CSEC plan, ‘‘(III) the total amounts not paid by reason tribution’’, and (iii) by adding at the end the following new section 104 of the Pension Protection Act of of an extension in effect under section 2006, as amended by the Preservation of Ac- paragraph: 433(d),’’, and cess to Care for Medicare Beneficiaries and ‘‘(5) CSEC ACCUMULATED FUNDING DEFI- (L) by striking ‘‘for waivers of’’ in clause Pension Relief Act of 2010, shall cease to CIENCY.—The term ‘CSEC accumulated fund- (ii) of subsection (c)(4)(C) and inserting ‘‘for apply to such plan as of the first date as of ing deficiency’ means the accumulated fund- waivers or extensions with respect to’’. which such plan is treated as a CSEC plan.’’. ing deficiency determined under section (3) BENEFIT RESTRICTIONS.— (b) EFFECTIVE DATE.—The amendment (A) IN GENERAL.—Paragraph (29) of section 433.’’. made by this section shall apply as of the 401(a) of such Code is amended by striking (D) Paragraph (1) of section 4971(d) of such date of enactment of this Act. ‘‘multiemployer plan’’ and inserting ‘‘multi- Code is amended by striking ‘‘accumulated employer plan or a CSEC plan’’. funding deficiency or unpaid minimum re- SA 2702. Mrs. HAGAN (for herself and quired contribution’’ and inserting ‘‘accumu- (B) CONFORMING CHANGE.—Subsection (a) of Mr. PRYOR) submitted an amendment lated funding deficiency, CSEC accumulated section 436 of such Code is amended by strik- intended to be proposed by her to the ing ‘‘single-employer plan’’ and inserting funding deficiency, or unpaid minimum re- ‘‘single-employer plan (other than a CSEC quired contribution’’. bill S. 1926, to delay the implementa- plan)’’. (E) Subsection (f) of section 4971 of such tion of certain provisions of the (4) BENEFIT INCREASES.—Subparagraph (C) Code is amended— Biggert-Waters Flood Insurance Re- of section 401(a)(33) of such Code is amended (i) by striking ‘‘430(j)(4)’’ in paragraph (1) form Act of 2012 and to reform the Na- by striking ‘‘multiemployer plans’’ and in- and inserting ‘‘430(j)(4) or 433(f)’’, tional Association of Registered

VerDate Mar 15 2010 05:19 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.027 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE S542 CONGRESSIONAL RECORD — SENATE January 28, 2014 Agents and Brokers, and for other pur- on or after January 1, 2016, be subject to the (b) REPORT BY THE ADMINISTRATOR.— poses; which was ordered to lie on the requirements under section 102(d)(1)(A) of (1) REPORT REQUIRED.—Not later than 18 table; as follows: the Flood Disaster Protection Act of 1973, as months after the date of enactment of this amended; and Act, the Administrator shall submit to the At the end of title I, add the following: (III) the term ‘‘section 102(d)(1)(A) of the Committee on Banking, Housing, and Urban SEC. 1ll. EXCEPTIONS TO ESCROW REQUIRE- Flood Disaster Protection Act of 1973, as Affairs of the Senate and the Committee on MENT FOR FLOOD INSURANCE PAY- MENTS. amended’’ means section 102(d)(1)(A) of the Financial Services of the House of Rep- (a) IN GENERAL.—Section 102(d)(1) of the Flood Disaster Protection Act of 1973 (42 resentatives a report that contains the re- Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(d)(1)(A)), as amended by— sults and conclusions of the study conducted U.S.C. 4012a(d)(1)) is amended— (aa) section 100209(a) of the Biggert-Waters under subsection (a). (1) in subparagraph (A), in the second sen- Flood Insurance Reform Act of 2012 (Public (2) CONTENTS.—The report submitted under tence, by striking ‘‘subparagraph (C)’’ and Law 112–141; 126 Stat. 920); and paragraph (1) shall include recommendations inserting ‘‘subparagraph (B)’’; and (bb) subsection (a) of this section. for— (2) in subparagraph (B)— (ii) OPTION TO ESCROW FLOOD INSURANCE (A) the best manner to incorporate vol- (A) in clause (ii), by redesignating sub- PAYMENTS.—Each Federal entity for lending untary community-based flood insurance clauses (I) and (II) as items (aa) and (bb), re- regulation (after consultation and coordina- policies into the National Flood Insurance spectively, and adjusting the margins ac- tion with the Federal Financial Institutions Program; and cordingly; Examination Council) shall, by regulation, (B) a strategy to implement voluntary (B) by redesignating clauses (i) and (ii) as direct that each regulated lending institu- community-based flood insurance policies subclauses (I) and (II), respectively, and ad- tion or servicer of an outstanding loan shall that would encourage communities to under- justing the margins accordingly; offer and make available to a borrower the take flood mitigation activities, including (C) in the matter preceding subclause (I), option to have the borrower’s payment of the construction, reconstruction, or im- as redesignated by subparagraph (B), by premiums and fees for flood insurance under provement of levees, dams, or other flood striking ‘‘(A) or (B), if—’’ and inserting the the National Flood Insurance Act of 1968 (42 control structures. following: ‘‘(A)— U.S.C. 4001 et seq.), including the escrow of (c) REPORT BY COMPTROLLER GENERAL.— ‘‘(i) if—’’; such payments, be treated in the same man- Not later than 6 months after the date on (D) by striking the period at the end and ner provided under section 102(d)(1)(A) of the which the Administrator submits the report required under subsection (b), the Comp- inserting ‘‘; or’’; and Flood Disaster Protection Act of 1973, as troller General of the United States shall— (E) by adding at the end the following amended. (1) review the report submitted by the Ad- ‘‘(ii) in the case of a loan that— (2) REPEAL OF 2-YEAR DELAY ON APPLICA- ministrator; and ‘‘(I) is in a junior or subordinate position BILITY.—Subsection (b) of section 100209 of (2) submit to the Committee on Banking, to a senior lien secured by the same residen- the Biggert-Waters Flood Insurance Reform Housing, and Urban Affairs of the Senate and tial improved real estate or mobile home for Act of 2012 (Public Law 112–141; 126 Stat. 920) which flood insurance is being provided at is repealed. the Committee on Financial Services of the the time of the origination of the loan; (3) RULE OF CONSTRUCTION.—Nothing in this House of Representatives a report that con- ‘‘(II) is secured by residential improved section or the amendments made by this sec- tains— real estate or a mobile home that is part of tion shall be construed to supersede, during (A) an analysis of the report submitted by a condominium, cooperative, or other the period beginning on July 6, 2012 and end- the Administrator; project development, if the residential im- ing on December 31, 2015, the requirements (B) any comments or recommendations of proved real estate or mobile home is covered under section 102(d)(1) of the Flood Disaster the Comptroller General relating to the re- by a flood insurance policy that— Protection Act of 1973 (42 U.S.C. 4012a(d)(1)), port submitted by the Administrator; and ‘‘(aa) meets the requirements that the reg- as in effect on July 5, 2012. (C) any other recommendations of the ulated lending institution is required to en- Comptroller General relating to community- force under subsection (b)(1); SA 2703. Mr. REED submitted an based flood insurance policies. ‘‘(bb) is provided by the condominium asso- amendment intended to be proposed by ciation, cooperative, homeowners associa- him to the bill S. 1926, to delay the im- SA 2704. Mr. RUBIO submitted an tion, or other applicable group; and plementation of certain provisions of amendment intended to be proposed by ‘‘(cc) the premium for which is paid by the the Biggert-Waters Flood Insurance him to the bill S. 1926, to delay the im- condominium association, cooperative, Reform Act of 2012 and to reform the plementation of certain provisions of homeowners association, or other applicable National Association of Registered the Biggert-Waters Flood Insurance group as a common expense; Agents and Brokers, and for other pur- Reform Act of 2012 and to reform the ‘‘(III) is secured by residential improved poses; which was ordered to lie on the National Association of Registered real estate or a mobile home that is used as table; as follows: Agents and Brokers, and for other pur- collateral for a business purpose; poses; which was ordered to lie on the ‘‘(IV) is a home equity line of credit; At the end, add the following: ‘‘(V) is a nonperforming loan; or SEC. ll. STUDY OF VOLUNTARY COMMUNITY- table; as follows: ‘‘(VI) has a term of not longer than 12 BASED FLOOD INSURANCE OPTIONS. At the end of section 103, add the fol- months.’’. (a) STUDY.— lowing: (b) APPLICABILITY.— (1) STUDY REQUIRED.—The Administrator (h) DISCLOSURE.— (1) IN GENERAL.— shall conduct a study to assess options, (1) CHANGE IN RATES UNDER BIGGERT- (A) REQUIRED APPLICATION.—The amend- methods, and strategies for making available WATERS.—Not later than the date that is 6 ments to section 102(d)(1) of the Flood Dis- voluntary community-based flood insurance months before the date on which any change aster Protection Act of 1973 (42 U.S.C. policies through the National Flood Insur- in risk premium rates for flood insurance 4012a(d)(1)) made by section 100209(a) of the ance Program. coverage under the National Flood Insurance Biggert-Waters Flood Insurance Reform Act (2) CONSIDERATIONS.—The study conducted Program resulting from the amendment of 2012 (Public Law 112–141; 126 Stat. 920) and under paragraph (1) shall— made by section 100207 of the Biggert-Waters by subsection (a) of this section shall apply (A) take into consideration and analyze Flood Insurance Reform Act of 2012 (Public to any loan that is originated, refinanced, in- how voluntary community-based flood insur- Law 112–141; 126 Stat. 919) is implemented, creased, extended, or renewed on or after ance policies— the Administrator shall make publicly avail- January 1, 2016. (i) would affect communities having vary- able the rate tables and underwriting guide- (B) OPTIONAL APPLICATION.— ing economic bases, geographic locations, lines that provide the basis for the change. (i) DEFINITIONS.—In this subparagraph— flood hazard characteristics or classifica- (2) CHANGE IN RATES UNDER THIS ACT.—Not (I) the terms ‘‘Federal entity for lending tions, and flood management approaches; later than the date that is 6 months before regulation’’, ‘‘improved real estate’’, ‘‘regu- and the date on which any change in risk pre- lated lending institution’’, and ‘‘servicer’’ (ii) could satisfy the applicable require- mium rates for flood insurance coverage have the meanings given the terms in sec- ments under section 102 of the Flood Dis- under the National Flood Insurance Program tion 3 of the Flood Disaster Protection Act aster Protection Act of 1973 (42 U.S.C. 4012a); resulting from this Act or any amendment of 1973 (42 U.S.C. 4003); and made by this Act is implemented, the Ad- (II) the term ‘‘outstanding loan’’ means a (B) evaluate the advisability of making ministrator shall make publicly available loan that— available voluntary community-based flood the rate tables and underwriting guidelines (aa) is outstanding as of January 1, 2016; insurance policies to communities, subdivi- that provide the basis for the change. (bb) is not subject to the requirement to sions of communities, and areas of residual (3) REPORT ON POLICY AND CLAIMS DATA.— escrow premiums and fees for flood insurance risk. (A) IN GENERAL.—Not later than 90 days under section 102(d)(1) of the Flood Disaster (3) CONSULTATION.—In conducting the after the date of enactment of this Act, the Protection Act of 1973 (42 U.S.C. 4012a(d)(1)) study required under paragraph (1), the Ad- Administrator shall submit to Congress a re- as in effect on July 5, 2012; and ministrator may consult with the Comp- port on the feasibility of— (cc) would, if the loan had been originated, troller General of the United States, as the (i) releasing property-level policy and refinanced, increased, extended, or renewed Administrator determines is appropriate. claims data for flood insurance coverage

VerDate Mar 15 2010 05:19 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.029 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S543 under the National Flood Insurance Pro- other purposes; which was ordered to (B) APPLICATION OF PHASE-IN TO RISK PRE- gram; and lie on the table; as follows: MIUM RATE UPON POLICY RENEWAL.—The risk (ii) establishing guidelines for releasing At the appropriate place, insert the fol- premium rate charged for an eligible policy property-level policy and claims data for lowing: shall— flood insurance coverage under the National (i) on the date on which the policy is first SEC. ll. EXEMPTION FROM FEES FOR CERTAIN Flood Insurance Program in accordance with MAP CHANGE REQUESTS. renewed after the date of enactment of this section 552a of title 5, United States Code Notwithstanding any other provision of Act, be adjusted to be the rate that would (commonly known as the ‘‘Privacy Act of law, a requester shall be exempt from sub- have been charged as of that date if the 1974’’). mitting a review or processing fee for a re- phase-in provision under paragraph (3) of sec- (B) CONTENTS.—The report submitted quest for a flood insurance rate map change tion 1308(e) of the National Flood Insurance under subparagraph (A) shall include— based on a habitat restoration project that is Act of 1968 (42 U.S.C. 4015(e)), as added by (i) an analysis and assessment of how re- funded in whole or in part with Federal or paragraph (1) of this subsection, had been in leasing property-level policy and claims data State funds, including dam removal, culvert effect when the property covered by the eli- for flood insurance coverage under the Na- redesign or installation, or the installation gible policy was purchased; and tional Flood Insurance Program will aid pol- of fish passage. (ii) be increased by 25 percent each year icy holders and insurers to understand how thereafter, in accordance with paragraph (3) the Administration determines actuarial SA 2707. Mr. TOOMEY submitted an of section 1308(e) of the National Flood In- premium rates and assesses flood risks; and amendment intended to be proposed by surance Act of 1968 (42 U.S.C. 4015(e)), as (ii) recommendations for protecting per- him to the bill S. 1926, to delay the im- added by paragraph (1) of this subsection. sonal information in accordance with section plementation of certain provisions of (c) PROMULGATION OF REGULATIONS AND 552a of title 5, United States Code (com- RATE TABLES.— the Biggert-Waters Flood Insurance (1) IN GENERAL.—The Administrator shall monly known as the ‘‘Privacy Act of 1974’’). Reform Act of 2012 and to reform the At the end of title I, add the following: promulgate such regulations and make National Association of Registered available such rate tables as necessary to SEC. 110. MONTHLY INSTALLMENT PAYMENTS FOR PREMIUMS. Agents and Brokers, and for other pur- implement subsections (a) and (b) and the Section 1308(g) of the National Flood Insur- poses; which was ordered to lie on the amendments made by those subsections, as ance Act of 1968 (42 U.S.C. 4015(g)) is amended table; as follows: though those subsections were enacted as part of the Biggert-Waters Flood Insurance by striking ‘‘either annually or in more fre- Strike sections 103 through 109 and insert Reform Act of 2012 (Public Law 112–141; 126 quent installments’’ and inserting ‘‘annu- the following: Stat. 916). ally, monthly, or in other installments that SEC. 103. PHASE-IN OF FLOOD INSURANCE RATE (2) PUBLIC PARTICIPATION.—To ensure com- are more frequent than annually’’. INCREASES. munity, stakeholder, and expert participa- SEC. 111. ACCOUNTING FOR FLOOD MITIGATION (a) MAP CHANGES.—Section 1308(h) of the National Flood Insurance Act of 1968 (42 tion in the promulgation of regulations and ACTIVITIES IN ESTIMATES OF PRE- the establishment of rate tables under this MIUM RATES. U.S.C. 4015(h)) is amended— subsection, the Administrator shall— Section 1307(a)(1) of the National Flood In- (1) in the second sentence, by striking (A) publish the regulations and rate tables surance Act of 1968 (42 U.S.C. 4014(a)(1)) is ‘‘shall be phased in over a 5-year period’’ and in the Federal Register; and amended by amending subparagraph (A) to all that follows and inserting the following: (B) before promulgating final regulations read as follows: ‘‘shall be implemented by increasing the risk and making available final rate tables, pro- ‘‘(A) based on consideration of— premium rate by 25 percent each year fol- vide a period for public comment on the reg- ‘‘(i) the risk involved and accepted actu- lowing such effective date until the risk pre- ulations and rate tables published under sub- arial principles; and mium rate accurately reflects the current paragraph (A) that is not shorter than 45 ‘‘(ii) the flood mitigation activities that an risk of flood to such property.’’; and days. owner or lessee has undertaken on a prop- (2) in the third sentence, by striking ‘‘shall (3) TIMING OF PREMIUM CHANGES.—To allow erty, including differences in the risk in- be phased in over a 5-year period’’ and all for appropriate implementation of sub- volved due to land use measures, that follows and inserting the following: sections (a) and (b) and the amendments floodproofing, flood forecasting, and similar ‘‘shall be phased in by increasing the risk made by those subsections, the Adminis- measures,’’. premium rate by 25 percent each year fol- lowing the effective date of such issuance, trator may not implement any premium SA 2705. Mr. KING (for himself and revision, updating, or change.’’. changes with respect to policy holders, in- (b) HOME SALE TRIGGER.— cluding charges or rebates, that are nec- Ms. COLLINS) submitted an amendment (1) PHASE-IN.—Section 1308(e) of the Na- essary to implement subsections (a) and (b) intended to be proposed by him to the tional Flood Insurance Act of 1968 (42 U.S.C. and the amendments made by those sub- bill S. 1926, to delay the implementa- 4015(e)) is amended— sections until the date that is 6 months after tion of certain provisions of the (A) in paragraph (1), by striking ‘‘and’’ at the date on which the Administrator promul- Biggert-Waters Flood Insurance Re- the end; gates final regulations and makes available form Act of 2012 and to reform the Na- (B) in paragraph (2), by striking the period final rate tables under this subsection. tional Association of Registered at the end and inserting ‘‘; and’’; and (d) FLOOD INSURANCE FEE.— (1) IN GENERAL.—Section 1308 of the Na- Agents and Brokers, and for other pur- (C) by adding at the end the following: ‘‘(3) described in section 1307(g)(2) that are tional Flood Insurance Act of 1968 (42 U.S.C. poses; which was ordered to lie on the principal residences shall be increased by 25 4015) is amended by adding at the end the fol- table; as follows: percent each year, beginning in the year lowing: In section 106, strike subsection (a) and in- after the first sale of such a property that ‘‘(j) FEE TO OFFSET PHASE-IN OF CERTAIN sert the following: occurs after the date of enactment of the PREMIUM RATE INCREASES.— (a) IN GENERAL.—Section 1363(f) of the Na- Biggert-Waters Flood Insurance Reform Act ‘‘(1) IN GENERAL.—The Administrator shall tional Flood Insurance Act of 1968 (42 U.S.C. of 2012 and continuing in each successive charge an annual fee to each holder of a 4104(f)) is amended— year regardless of any further sale or resale flood insurance policy issued under this Act (1) in the first sentence, by inserting after of the property, until the risk premium rate to offset the costs of the Homeowner Flood ‘‘as the case may be,’’ the following: ‘‘or, in charged for the property accurately reflects Insurance Affordability Act of 2014 and the the case of an appeal that is resolved by sub- the current risk of flood to the property.’’. amendments made by that Act. mission of conflicting data to the Scientific (2) APPLICATION OF PHASE-IN TO PRINCIPAL ‘‘(2) AMOUNT.—In establishing an amount Resolution Panel provided for in section RESIDENCES PURCHASED BETWEEN JULY 7, 2012 of the fee to be charged under paragraph (1), 1363A, the community,’’; and AND APRIL 1, 2013.— the Administrator shall charge a policy- (2) by striking the second sentence and in- (A) DEFINITION.—In this paragraph, the holder with an annual household income serting the following: ‘‘The Administrator term ‘‘eligible policy’’ means a flood insur- that is not less than $500,000 twice the may use such amounts from the National ance policy— amount that the Administrator charges a Flood Insurance Fund established under sec- (i) that covers a principal residence that policyholder with an annual household in- tion 1310 as may be necessary to carry out was purchased during the period beginning come that is less than $500,000.’’. this subsection.’’. on July 7, 2012 and ending on April 1, 2013; (2) APPLICABILITY.—The Administrator and shall charge the fee required under section SA 2706. Mr. WHITEHOUSE sub- (ii) for which the risk premium rate 1308(j) of the National Flood Insurance Act of mitted an amendment intended to be charged was increased, after the purchase de- 1968, as added by paragraph (1), with respect proposed by him to the bill S. 1926, to scribed in clause (i), to the full risk premium to any flood insurance policy that is issued delay the implementation of certain rate estimated under subsection (a)(1) of sec- or renewed on or after the date of enactment tion 1307 of the National Flood Insurance Act of this Act. provisions of the Biggert-Waters Flood of 1968 (42 U.S.C. 4014) as required under sub- SEC. 104. AFFORDABILITY STUDY AND REPORT. Insurance Reform Act of 2012 and to re- section (g)(2) of such section (as in effect on Notwithstanding the deadline under sec- form the National Association of Reg- the day before the date of enactment of this tion 100236(c) of the Biggert-Waters Flood In- istered Agents and Brokers, and for Act). surance Reform Act of 2012 (Public Law 112–

VerDate Mar 15 2010 05:19 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.029 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE S544 CONGRESSIONAL RECORD — SENATE January 28, 2014 141; 126 Stat. 957), not later than 2 years after out regard to the level of Federal funding of (D) by striking the period at the end and the date of enactment of this Act, the Ad- or participation in the construction, recon- inserting ‘‘; or’’; and ministrator shall submit to the full Com- struction, or improvement of the flood pro- (E) by adding at the end the following mittee on Banking, Housing, and Urban Af- tection system.’’. ‘‘(ii) in the case of a loan that is— fairs and the full Committee on Appropria- SEC. 108. TREATMENT OF FLOODPROOFED RESI- ‘‘(I) in a junior or subordinate position to tions of the Senate and the full Committee DENTIAL BASEMENTS. a senior lien secured by the same property on Financial Services and the full Com- In implementing section 1308(h) of the Na- for which flood insurance is being provided mittee on Appropriations of the House of tional Flood Insurance Act of 1968 (42 U.S.C. at the time of the origination of the loan; Representatives the affordability study and 4015(h)), the Administrator shall rate a cov- ‘‘(II) secured by residential improved real report required under such section. ered structure using the elevation difference estate or a mobile home that is part of a con- SEC. 105. AFFORDABILITY STUDY FUNDING. between the floodproofed elevation of the dominium, cooperative, or other project de- Section 100236(d) of the Biggert-Waters covered structure and the adjusted base flood velopment, if the residential improved real Flood Insurance Reform Act of 2012 (Public elevation of the covered structure. estate or mobile home is covered by a flood Law 112–141; 126 Stat. 957) is amended by SEC. 109. DESIGNATION OF FLOOD INSURANCE insurance policy that— striking ‘‘not more than $750,000’’ and insert- ADVOCATE. ‘‘(aa) meets the requirements that the reg- ing ‘‘such amounts as may be necessary’’. (a) IN GENERAL.—The Administrator shall ulated lending institution is required to en- SEC. 106. FUNDS TO REIMBURSE HOMEOWNERS designate a Flood Insurance Advocate to ad- force under subsection (b)(1); AND COMMUNITIES FOR SUCCESS- vocate for the fair treatment of policy hold- ‘‘(bb) is provided by the condominium asso- FUL MAP APPEALS. ers under the National Flood Insurance Pro- ciation, cooperative, homeowners associa- (a) IN GENERAL.—Section 1363(f) of the Na- gram and property owners in the mapping of tion, or other applicable group; and tional Flood Insurance Act of 1968 (42 U.S.C. flood hazards, the identification of risks ‘‘(cc) the premium for which is paid by the 4104(f)) is amended— from flood, and the implementation of meas- condominium association, cooperative, (1) in the first sentence, by inserting after ures to minimize the risk of flood. homeowners association, or other applicable ‘‘as the case may be,’’ the following: ‘‘or, in (b) DUTIES AND RESPONSIBILITIES.—The du- group as a common expense; the case of an appeal that is resolved by sub- ties and responsibilities of the Flood Insur- ‘‘(III) secured by residential improved real mission of conflicting data to the Scientific ance Advocate designated under subsection estate or a mobile home that is used as col- Resolution Panel provided for in section (a) shall be to— lateral for a business purpose; or 1363A, the community,’’; and (1) educate property owners and policy- ‘‘(IV) a home equity line of credit or a (2) by striking the second sentence and in- holders under the National Flood Insurance home equity loan.’’. serting the following: ‘‘The Administrator Program on— (b) APPLICABILITY.— may use such amounts from the National (A) individual flood risks; (1) IN GENERAL.— Flood Insurance Fund established under sec- (B) flood mitigation; (A) REQUIRED APPLICATION.—The amend- tion 1310 as may be necessary to carry out (C) measures to reduce flood insurance ments to section 102(d)(1) of the Flood Dis- this subsection.’’. rates through effective mitigation; and aster Protection Act of 1973 (42 U.S.C. (b) CONFORMING AMENDMENT.—Section (D) the flood insurance rate map review 4012a(d)(1)) made by section 100209(a) of the 1310(a) of the National Flood Insurance Act and amendment process; Biggert-Waters Flood Insurance Reform Act of 1968 (42 U.S.C. 4017(a)) is amended— (2) assist policy holders under the National of 2012 (Public Law 112–141; 126 Stat. 920) and (1) in paragraph (6), by striking ‘‘and’’ at Flood Insurance Program and property own- by subsection (a) of this section shall apply the end; ers to understand the procedural require- to any loan that is originated, refinanced, in- (2) in paragraph (7), by striking the period ments related to appealing preliminary flood creased, extended, or renewed on or after at the end and inserting ‘‘; and’’; and insurance rate maps and implementing January 1, 2016. (3) by adding at the end the following: measures to mitigate evolving flood risks; (B) OPTIONAL APPLICATION.— ‘‘(8) for carrying out section 1363(f).’’. (3) assist in the development of regional (i) DEFINITIONS.—In this subparagraph— SEC. 107. FLOOD PROTECTION SYSTEMS. capacity to respond to individual constituent (I) the terms ‘‘Federal entity for lending (a) ADEQUATE PROGRESS ON CONSTRUCTION concerns about flood insurance rate map regulation’’, ‘‘improved real estate’’, ‘‘regu- OF FLOOD PROTECTION SYSTEMS.—Section amendments and revisions; lated lending institution’’, and ‘‘servicer’’ 1307(e) of the National Flood Insurance Act (4) coordinate outreach and education with have the meanings given the terms in sec- of 1968 (42 U.S.C. 4014(e)) is amended— local officials and community leaders in tion 3 of the Flood Disaster Protection Act (1) in the first sentence, by inserting ‘‘or areas impacted by proposed flood insurance of 1973 (42 U.S.C. 4003); reconstruction’’ after ‘‘construction’’; rate map amendments and revisions; and (II) the term ‘‘outstanding loan’’ means a (2) by striking the second sentence and in- (5) aid potential policy holders under the loan that— serting the following: ‘‘The Administrator National Flood Insurance Program in obtain- (aa) is outstanding as of January 1, 2016; shall find that adequate progress on the con- ing and verifying accurate and reliable flood and struction or reconstruction of a flood protec- insurance rate information when purchasing (bb) would, if the loan had been originated, tion system, based on the present value of or renewing a flood insurance policy. refinanced, increased, extended, or renewed the completed flood protection system, has (c) AUTHORIZATION OF APPROPRIATIONS.— on or after January 1, 2016, be subject to the been made only if (1) 100 percent of the cost There are authorized to be appropriated for requirements under section 102(d)(1)(A) of of the system has been authorized, (2) at each fiscal year such sums as may be nec- the Flood Disaster Protection Act of 1973, as least 60 percent of the cost of the system has essary to carry out the duties and respon- amended; and been appropriated, (3) at least 50 percent of sibilities of the Flood Insurance Advocate. (III) the term ‘‘section 102(d)(1)(A) of the the cost of the system has been expended, SEC. 110. HOME IMPROVEMENT FAIRNESS. Flood Disaster Protection Act of 1973, as and (4) the system is at least 50 percent com- Section 1307(a)(2)(E)(ii) of the National amended’’ means section 102(d)(1)(A) of the pleted.’’; and Flood Insurance Act of 1968 (42 U.S.C. Flood Disaster Protection Act of 1973 (42 (3) by adding at the end the following: 4014(a)(2)(E)(ii)) is amended by striking ‘‘30 U.S.C. 4012a(d)(1)(A)), as amended by— ‘‘Notwithstanding any other provision of percent’’ and inserting ‘‘50 percent’’. (aa) section 100209(a) of the Biggert-Waters law, in determining whether a community SEC. 111. EXCEPTIONS TO ESCROW REQUIRE- Flood Insurance Reform Act of 2012 (Public has made adequate progress on the construc- MENT FOR FLOOD INSURANCE PAY- Law 112–141; 126 Stat. 920); and tion, reconstruction, or improvement of a MENTS. (bb) subsection (a) of this section. flood protection system, the Administrator (a) IN GENERAL.—Section 102(d)(1) of the (ii) OPTION TO ESCROW FLOOD INSURANCE shall consider all sources of funding, includ- Flood Disaster Protection Act of 1973 (42 PAYMENTS.—Each Federal entity for lending ing Federal, State, and local funds.’’. U.S.C. 4012a(d)(1)) is amended— regulation (after consultation and coordina- (b) COMMUNITIES RESTORING DISACCREDITED (1) in subparagraph (A), in the second sen- tion with the Federal Financial Institutions FLOOD PROTECTION SYSTEMS.—Section 1307(f) tence, by striking ‘‘subparagraph (C)’’ and Examination Council) shall, by regulation, of the National Flood Insurance Act of 1968 inserting ‘‘subparagraph (B)’’; and direct that each regulated lending institu- (42 U.S.C. 4014(f)) is amended by striking the (2) in subparagraph (B)— tion or servicer of an outstanding loan shall first sentence and inserting the following: (A) in clause (ii), by redesignating sub- offer and make available to a borrower the ‘‘Notwithstanding any other provision of clauses (I) and (II) as items (aa) and (bb), re- option to have the borrower’s payment of law, this subsection shall apply to riverine spectively, and adjusting the margins ac- premiums and fees for flood insurance under and coastal levees that are located in a com- cordingly; the National Flood Insurance Act of 1968 (42 munity which has been determined by the (B) by redesignating clauses (i) and (ii) as U.S.C. 4001 et seq.), including the escrow of Administrator of the Federal Emergency subclauses (I) and (II), respectively, and ad- such payments, be treated in the same man- Management Agency to be in the process of justing the margins accordingly; ner provided under section 102(d)(1)(A) of the restoring flood protection afforded by a flood (C) in the matter preceding subclause (I), Flood Disaster Protection Act of 1973, as protection system that had been previously as redesignated by subparagraph (B), by amended. accredited on a Flood Insurance Rate Map as striking ‘‘(A) or (B), if—’’ and inserting the (2) REPEAL OF 2-YEAR DELAY ON APPLICA- providing 100-year frequency flood protection following: ‘‘(A)— BILITY.—Subsection (b) of section 100209 of but no longer does so, and shall apply with- ‘‘(i) if—’’; the Biggert-Waters Flood Insurance Reform

VerDate Mar 15 2010 05:19 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.030 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S545 Act of 2012 (Public Law 112–141; 126 Stat. 920) graph (2) by a lender or servicer, or an affil- mittee on Energy and Natural Re- is repealed. iate of a lender or servicer, that is a bank, or sources be authorized to meet during a Federal credit union or State credit union the session of the Senate in order to SA 2708. Mrs. GILLIBRAND sub- (as those terms are defined in section 101 of conduct a hearing on Tuesday, January mitted an amendment intended to be the Federal Credit Union Act (12 U.S.C. 28, 2014, at 10:00 a.m., in room SD–366 of proposed by her to the bill S. 1926, to 1752)), with assets of not more than the Dirksen Senate Office Building. delay the implementation of certain $1,000,000,000.’’. For further information please con- provisions of the Biggert-Waters Flood f tact David Berick at (202) 224–2209, Insurance Reform Act of 2012 and to re- NOTICE OF INTENT TO SUSPEND Megan Brewster (202) 224–6689 or Brian form the National Association of Reg- THE RULES Hughes, (202) 224–7555. istered Agents and Brokers, and for Mr. COBURN. Mr. President, I sub- The PRESIDING OFFICER. Without other purposes; which was ordered to mit the following notice in writing: In objection, it is so ordered. lie on the table; as follows: accordance with Rule V of the Stand- COMMITTEE ON FOREIGN RELATIONS At the end of title I, add the following: ing Rules of the Senate, I hereby give Mrs. MURRAY. Mr. President, I ask SEC. 1ll. FLOOD MITIGATION METHODS FOR URBAN BUILDINGS. notice in writing that it is my inten- unanimous consent that the Com- (a) IN GENERAL.—Not later than 1 year tion to move to suspend Rule XXII, in- mittee on Foreign Relations be author- after the date of enactment of this Act, the cluding germaneness requirements, for ized to meet during the session of the Administrator shall issue guidelines for the purpose of proposing and consid- Senate on Tuesday, January 28, 2014, at property owners that— ering amendment no. 2606 on S. 1845, as 10:00 a.m. (1) provide alternative methods of mitiga- follows: The PRESIDING OFFICER. Without tion, other than building elevation, to reduce At the end, add the following: objection, it is so ordered. flood risk to urban residential buildings that SEC. 7. ENDING UNEMPLOYMENT PAYMENTS TO cannot be elevated due to their structural COMMITTEE ON THE JUDICIARY JOBLESS MILLIONAIRES AND BIL- Mrs. MURRAY. Mr. President, I ask characteristics, including— LIONAIRES. (A) types of building materials; and (a) PROHIBITION.—Notwithstanding any unanimous consent that the Com- (B) types of floodproofing; and other provision of law, no Federal funds may mittee on the Judiciary be authorized (2) inform property owners about how the be used to make payments of unemployment to meet during the session of the Sen- implementation of mitigation methods de- compensation (including such compensation ate on Tuesday, January 28, 2014, at scribed in paragraph (1) may affect risk pre- under the Federal-State Extended Com- 10:00 a.m., in room SD–226 of the Dirk- mium rates for flood insurance coverage pensation Act of 1970 and the emergency un- sen Senate Office Building, to conduct under the National Flood Insurance Pro- employment compensation program under gram. title IV of the Supplemental Appropriations a hearing entitled ‘‘Judicial Nomina- (b) CALCULATION OF RISK PREMIUM RATES.— Act, 2008) to an individual whose adjusted tions.’’ In calculating the risk premium rate gross income in the preceding year was equal The PRESIDING OFFICER. Without charged for flood insurance for a property to or greater than $1,000,000. objection, it is so ordered. under section 1308 of the National Flood In- (b) COMPLIANCE.—Unemployment Insurance SELECT COMMITTEE ON INTELLIGENCE surance Act of 1968 (42 U.S.C. 4015), the Ad- applications shall include a form or proce- Mrs. MURRAY. Mr. President, I ask ministrator shall take into account the im- dure for an individual applicant to certify plementation of any mitigation method the individual’s adjusted gross income was unanimous consent that the Select identified by the Administrator in the guid- not equal to or greater than $1,000,000 in the Committee on Intelligence be author- ance issued under subsection (a) of this sec- preceding year. ized to meet during the session of the tion. (c) AUDITS.—The certifications required by Senate on Tuesday, January 28, 2014, at subsection (b) shall be auditable by the U.S. 2:30 p.m. SA 2709. Mr. MERKLEY submitted an Department of Labor or the U.S. Govern- The PRESIDING OFFICER. Without amendment intended to be proposed by ment Accountability Office. objection, it is so ordered. him to the bill S. 1926, to delay the im- (d) STATUS OF APPLICANTS.—It is the duty of the states to verify the residency, employ- SUBCOMMITTEE ON THE EFFICIENCY AND EFFEC- plementation of certain provisions of ment, legal, and income status of applicants TIVENESS OF FEDERAL PROGRAMS AND THE the Biggert-Waters Flood Insurance for Unemployment Insurance and no Federal FEDERAL WORKFORCE Reform Act of 2012 and to reform the funds may be expended for purposes of deter- Mrs. MURRAY. Mr. President, I ask National Association of Registered mining an individual’s eligibility under this unanimous consent that the Sub- Agents and Brokers, and for other pur- Act. committee on the Efficiency and Effec- poses; which was ordered to lie on the (e) EFFECTIVE DATE.—The prohibition tiveness of Federal Programs and the table; as follows: under subsection (a) shall apply to weeks of unemployment beginning on or after the Federal Workforce of the Committee At the end of title I, add the following: date of the enactment of this Act. on Homeland Security and Govern- SEC. 110. LIMITATIONS ON FORCE-PLACED IN- f mental Affairs be authorized to meet SURANCE. during the session of the Senate on Section 102(e) of the Flood Disaster Protec- AUTHORITY FOR COMMITTEES TO Tuesday, January 28, 2014, at 2:30 p.m. tion Act of 1973 (42 U.S.C. 4012a(e)) is amend- MEET ed— in order to conduct a hearing entitled (1) by redesignating paragraphs (3) through COMMITTEE ON ARMED SERVICES ‘‘Examining the Use and Abuse of Ad- (6) as paragraphs (4) through (7), respec- Mrs. MURRAY. Mr. President, I ask ministratively Uncontrollable Over- tively; and unanimous consent that the Com- time at the Department of Homeland (2) by inserting after paragraph (2) the fol- mittee on Armed Services be author- Security.’’ lowing: ized to meet during the session of the The PRESIDING OFFICER. Without ‘‘(3) LIMITATIONS ON LENDERS AND Senate on Tuesday, January 28, 2014, at objection, it is so ordered. SERVICERS.— 9:30 a.m. f ‘‘(A) PAYMENTS FROM INSURANCE COMPA- The PRESIDING OFFICER. Without NIES.—An lender or servicer, or an affiliate of PRIVILEGES OF THE FLOOR a lender or servicer, may not receive a com- objection, it is so ordered. mission or any other payment from an insur- COMMITTEE ON BANKING, HOUSING, AND URBAN Mrs. MURRAY. Mr. President, I ask ance company in connection with securing AFFAIRS unanimous consent that Rose Mutiso, a business under paragraph (2) from the insur- Mrs. MURRAY. Mr. President, I ask fellow in Senator COONS’s office, be ance company. unanimous consent that the Com- given floor privileges for Wednesday, ‘‘(B) PURCHASE FROM AFFILIATED INSURANCE mittee on Banking, Housing, and January 29, 2014. COMPANIES.— Urban Affairs be authorized to meet The PRESIDING OFFICER. Without ‘‘(i) IN GENERAL.—Except as provided in during the session of the Senate on objection, it is so ordered. clause (ii), a lender or servicer, or an affil- Tuesday, January 28, 2014, at 10 a.m. f iate of a lender or servicer, that purchases The PRESIDING OFFICER. Without insurance under paragraph (2) may not pur- objection, it is so ordered. COOPERATIVE AND SMALL EM- chase the insurance from an insurance com- PLOYER CHARITY PENSION COMMITTEE ON ENERGY AND NATURAL pany that is affiliated with the lender or FLEXIBILITY ACT servicer. RESOURCES ‘‘(ii) EXCEPTION.—Clause (i) shall not apply Mrs. MURRAY. Mr. President, I ask Mr. REID. Mr. President, I ask unan- to the purchase of insurance under para- unanimous consent that the Com- imous consent the Senate proceed to

VerDate Mar 15 2010 06:02 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.030 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE S546 CONGRESSIONAL RECORD — SENATE January 28, 2014 Calendar No. 230, S. 1302; that the com- Care for Medicare Beneficiaries and Pension first plan year to which section 302 applies, over mittee-reported substitute be consid- Relief Act of 2010; and a period of 30 plan years, ered; the Harkin-Roberts substitute ‘‘(iii) paragraph (3)(B); or ‘‘(iii) in the case of a plan that is subject to amendment which is at the desk be ‘‘(B) that, as of January 1, 2013, was main- section 303 for the last plan year beginning be- tained by more than one employer and all of the fore January 1, 2014, the sum of— agreed to; the committee-reported sub- employers were organizations described in sec- ‘‘(I) the plan’s funding standard carryover stitute, as amended, be agreed to; the tion 501(c)(3) of the Internal Revenue Code of balance and prefunding balance (as such terms bill, as amended, be read a third time 1986. are defined in section 303(f)) as of the end of and passed, the motions to reconsider ‘‘(2) AGGREGATION.—All employers that are such plan year, and be considered made and laid upon the treated as a single employer under subsection ‘‘(II) the unfunded past service liability under table, with no intervening action or de- (b) or (c) of section 414 of the Internal Revenue the plan for the first plan year beginning after bate; further, that if the Senate re- Code of 1986 shall be treated as a single em- December 31, 2013, ceives a bill from the House that is ployer for purposes of determining if a plan was over a period of 15 years, maintained by more than one employer under ‘‘(iv) separately, with respect to each plan identical to the text of S. 1302 as passed paragraph (1)(B).’’. by the Senate, then the House bill be year, the net increase (if any) in unfunded past (b) AMENDMENT TO CODE.—Section 414 of the service liability under the plan arising from read three times and passed with no in- Internal Revenue Code of 1986 is amended by plan amendments adopted in such year, over a tervening action or debate. adding at the end the following new subsection: period of 15 plan years, The PRESIDING OFFICER. Without ‘‘(y) COOPERATIVE AND SMALL EMPLOYER ‘‘(v) separately, with respect to each plan objection, it is so ordered. CHARITY PENSION PLANS.— year, the net experience loss (if any) under the The Senate proceeded to consider the ‘‘(1) IN GENERAL.—For purposes of this title, plan, over a period of 5 plan years, and bill (S. 1302) to amend the Employee except as provided in this subsection, a CSEC ‘‘(vi) separately, with respect to each plan plan is a defined benefit plan (other than a mul- year, the net loss (if any) resulting from Retirement Income Security Act of tiemployer plan)— 1974 and the Internal Revenue Code of changes in actuarial assumptions used under ‘‘(A) to which section 104 of the Pension Pro- the plan, over a period of 10 plan years, 1986 to provide for cooperative and tection Act of 2006 applies, without regard to— ‘‘(C) the amount necessary to amortize each small employer charity pension plans, ‘‘(i) section 104(a)(2) of such Act; waived funding deficiency (within the meaning which had been reported from the Com- ‘‘(ii) the amendments to such section 104 by of section 302(c)(3)) for each prior plan year in mittee on Health, Education, Labor, section 202(b) of the Preservation of Access to equal annual installments (until fully amor- and Pensions, with an amendment to Care for Medicare Beneficiaries and Pension tized) over a period of 5 plan years, strike all after the enacting clause and Relief Act of 2010; and ‘‘(D) the amount necessary to amortize in ‘‘(iii) paragraph (3)(B); or insert in lieu thereof the following: equal annual installments (until fully amor- ‘‘(B) that, as of January 1, 2013, was main- tized) over a period of 5 plan years any amount SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tained by more than one employer and all of the credited to the funding standard account under (a) SHORT TITLE.—This Act may be cited as employers were organizations described in sec- paragraph (3)(D), and the ‘‘Cooperative and Small Employer Charity tion 501(c)(3). ‘‘(E) the amount necessary to amortize in Pension Flexibility Act’’. ‘‘(2) AGGREGATION.—All employers that are equal annual installments (until fully amor- (b) TABLE OF CONTENTS.—The table of con- treated as a single employer under subsection tized) over a period of 20 years the contributions tents of this Act is as follows: (b) or (c) shall be treated as a single employer which would be required to be made under the Sec. 1. Short title; table of contents. for purposes of determining if a plan was main- plan but for the provisions of section Sec. 2. Congressional findings and declarations tained by more than one employer under para- 302(c)(7)(A)(i)(I) (as in effect on the day before of policy. graph (1)(B).’’. the enactment of the Pension Protection Act of Sec. 3. Definition of cooperative and small em- SEC. 4. FUNDING RULES APPLICABLE TO COOP- 2006). ployer charity pension plans. ERATIVE AND SMALL EMPLOYER ‘‘(3) CREDITS TO ACCOUNT.—For a plan year, Sec. 4. Funding rules applicable to cooperative CHARITY PENSION PLANS. the funding standard account shall be credited and small employer charity pen- (a) AMENDMENTS TO ERISA.— with the sum of— sion plans. (1) MINIMUM FUNDING STANDARDS UNDER ‘‘(A) the amount considered contributed by Sec. 5. Transparency. ERISA.—Part 3 of title I of the Employee Retire- the employer to or under the plan for the plan Sec. 6. Elections. ment Income Security Act of 1974 (29 U.S.C. 1081 year, Sec. 7. Sponsor education and assistance. et seq.) is amended by adding at the end the fol- ‘‘(B) the amount necessary to amortize in Sec. 8. Effective date. lowing new section: equal annual installments (until fully amor- SEC. 2. CONGRESSIONAL FINDINGS AND DEC- ‘‘SEC. 306. MINIMUM FUNDING STANDARDS. tized)— LARATIONS OF POLICY. ‘‘(a) GENERAL RULE.—For purposes of section ‘‘(i) separately, with respect to each plan Congress finds as follows: 302, the term ‘accumulated funding deficiency’ year, the net decrease (if any) in unfunded past (1) Defined benefit pension plans are a cost- for a CSEC plan means the excess of the total service liability under the plan arising from effective way for cooperative associations and charges to the funding standard account for all plan amendments adopted in such year, over a charities to provide their employees with eco- plan years (beginning with the first plan year to period of 15 plan years, nomic security in retirement. which section 302 applies) over the total credits ‘‘(ii) separately, with respect to each plan (2) Many cooperative associations and chari- to such account for such years or, if less, the ex- year, the net experience gain (if any) under the table organizations are only able to provide cess of the total charges to the alternative min- plan, over a period of 5 plan years, and their employees with defined benefit pension imum funding standard account for such plan ‘‘(iii) separately, with respect to each plan plans because those organizations are able to years over the total credits to such account for year, the net gain (if any) resulting from pool their resources using the multiple employer such years. changes in actuarial assumptions used under plan structure. ‘‘(b) FUNDING STANDARD ACCOUNT.— the plan, over a period of 10 plan years, (3) The pension funding rules should encour- ‘‘(1) ACCOUNT REQUIRED.—Each plan to which ‘‘(C) the amount of the waived funding defi- age cooperative associations and charities to this section applies shall establish and maintain ciency (within the meaning of section 302(c)(3)) continue to provide their employees with pen- a funding standard account. Such account shall for the plan year, sion benefits. be credited and charged solely as provided in ‘‘(D) in the case of a plan year for which the SEC. 3. DEFINITION OF COOPERATIVE AND this section. accumulated funding deficiency is determined SMALL EMPLOYER CHARITY PEN- ‘‘(2) CHARGES TO ACCOUNT.—For a plan year, under the funding standard account if such SION PLANS. the funding standard account shall be charged plan year follows a plan year for which such (a) AMENDMENT TO ERISA.—Section 210 of the with the sum of— deficiency was determined under the alternative Employee Retirement Income Security Act of ‘‘(A) the normal cost of the plan for the plan minimum funding standard, the excess (if any) 1974 (29 U.S.C. 1060) is amended by adding at year, of any debit balance in the funding standard the end the following new subsection: ‘‘(B) the amounts necessary to amortize in account (determined without regard to this sub- ‘‘(f) COOPERATIVE AND SMALL EMPLOYER equal annual installments (until fully amor- paragraph) over any debit balance in the alter- CHARITY PENSION PLANS.— tized)— native minimum funding standard account, and ‘‘(1) IN GENERAL.—For purposes of this title, ‘‘(i) in the case of a plan in existence on Janu- ‘‘(E) for the first plan year beginning after except as provided in this subsection, a CSEC ary 1, 1974, the unfunded past service liability December 31, 2013, in the case of a plan that is plan is an employee pension benefit plan (other under the plan on the first day of the first plan subject to section 303 for the last plan year be- than a multiemployer plan) that is a defined year to which section 302 applies, over a period ginning before January 1, 2014, the sum of the benefit plan— of 40 plan years, plan’s funding standard carryover balance and ‘‘(A) to which section 104 of the Pension Pro- ‘‘(ii) in the case of a plan which comes into prefunding balance (as such terms are defined tection Act of 2006 applies, without regard to— existence after January 1, 1974, but before the in section 302(f)) as of the end of the last plan ‘‘(i) section 104(a)(2) of such Act; first day of the first plan year beginning after year beginning before January 1, 2014. ‘‘(ii) the amendments to such section 104 by December 31, 2013, the unfunded past service li- ‘‘(4) COMBINING AND OFFSETTING AMOUNTS TO section 202(b) of the Preservation of Access to ability under the plan on the first day of the BE AMORTIZED.—Under regulations prescribed

VerDate Mar 15 2010 05:19 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00054 Fmt 4624 Sfmt 6333 E:\CR\FM\G28JA6.044 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S547 by the Secretary of the Treasury, amounts re- ‘‘(A) a change in benefits under the Social Se- est rate and mortality table) results in a de- quired to be amortized under paragraph (2) or curity Act or in other retirement benefits created crease in the funding shortfall of the plan for paragraph (3), as the case may be— under Federal or State law, or the current plan year that exceeds $50,000,000, ‘‘(A) may be combined into one amount under ‘‘(B) a change in the definition of the term or that exceeds $5,000,000 and that is 5 percent such paragraph to be amortized over a period ‘wages’ under section 3121 of the Internal Rev- or more of the current liability of the plan be- determined on the basis of the remaining amorti- enue Code of 1986 or a change in the amount of fore such change. zation period for all items entering into such such wages taken into account under regula- ‘‘(6) FULL FUNDING.—If, as of the close of a combined amount, and tions prescribed for purposes of section 401(a)(5) plan year, a plan would (without regard to this ‘‘(B) may be offset against amounts required of such Code, paragraph) have an accumulated funding defi- to be amortized under the other such paragraph, results in an increase or decrease in accrued li- ciency (determined without regard to the alter- with the resulting amount to be amortized over ability under a plan, such increase or decrease native minimum funding standard account per- a period determined on the basis of the remain- shall be treated as an experience loss or gain. mitted under subsection (e)) in excess of the full ing amortization periods for all items entering ‘‘(5) FUNDING METHOD AND PLAN YEAR.— funding limitation— into whichever of the two amounts being offset ‘‘(A) FUNDING METHODS AVAILABLE.—All ‘‘(A) the funding standard account shall be is the greater. funding methods available to CSEC plans under credited with the amount of such excess, and ‘‘(5) INTEREST.— section 302 (as in effect on the day before the ‘‘(B) all amounts described in paragraphs ‘‘(A) IN GENERAL.—Except as provided in sub- enactment of the Pension Protection Act of 2006) (2)(B), (C), and (D) and (3)(B) of subsection (b) paragraph (B), the funding standard account shall continue to be available under this section. which are required to be amortized shall be con- (and items therein) shall be charged or credited ‘‘(B) NOT AFFECTED BY CESSATION OF BENEFIT sidered fully amortized for purposes of such (as determined under regulations prescribed by ACCRUALS.—The availability of any funding paragraphs. the Secretary of the Treasury) with interest at method, including all spread gain funding meth- ‘‘(7) FULL-FUNDING LIMITATION.—For purposes the appropriate rate consistent with the rate or ods, shall not be affected by whether benefit ac- of paragraph (6), the term ‘full-funding limita- rates of interest used under the plan to deter- cruals under a plan have ceased. Except as oth- tion’ means the excess (if any) of— ‘‘(A) the accrued liability (including normal mine costs. erwise provided in subparagraph (C) or in regu- cost) under the plan (determined under the ‘‘(B) EXCEPTION.—The interest rate used for lations prescribed by the Secretary of the Treas- entry age normal funding method if such ac- purposes of computing the amortization charge ury, if benefit accruals have ceased under a crued liability cannot be directly calculated described in subsection (b)(2)(C) or for purposes plan, the spread gain funding methods may be under the funding method used for the plan), of any arrangement under subsection (d) for applied by amortizing over the average expected over any plan year shall be the greater of (i) 150 per- future lives of all participants. ‘‘(C) MINIMUM AMOUNT.—In the case of a plan ‘‘(B) the lesser of— cent of the Federal mid-term rate (as in effect ‘‘(i) the fair market value of the plan’s assets, under section 1274 of the Internal Revenue Code amortizing over the average expected future lives of all participants pursuant to the second or of 1986 for the 1st month of such plan year), or ‘‘(ii) the value of such assets determined (ii) the rate of interest determined under sub- sentence of subparagraph (B), such amortiza- tion amount for any plan year shall not be less under paragraph (2). paragraph (A). ‘‘(C) MINIMUM AMOUNT.— than the sum of— ‘‘(6) AMORTIZATION SCHEDULES IN EFFECT.— ‘‘(i) IN GENERAL.—In no event shall the full- ‘‘(i) the amount determined by amortizing, as Amortization schedules for amounts described in funding limitation determined under subpara- of the first year for which the plan amortizes paragraphs (2) and (3) that are in effect as of graph (A) be less than the excess (if any) of— the last day of the last plan year beginning be- over the average future lives of all participants, ‘‘(I) 90 percent of the current liability (deter- fore January 1, 2014, by reason of section 104 of the entire unfunded past service liability in mined without regard to paragraph (4) of sub- the Pension Protection Act of 2006 shall remain equal installments over 15 years, and section (h)) of the plan (including the expected ‘‘(ii) the amount determined by amortizing in effect pursuant to their terms and this sec- increase in such current liability due to benefits any increase or decrease in such unfunded past tion, except that such amounts shall not be am- accruing during the plan year), over service liability in any subsequent year, other ortized again under this section. In the case of ‘‘(II) the value of the plan’s assets determined than an increase or decrease attributable to con- a plan that is subject to section 303 for the last under paragraph (2). tributions or expected experience, in equal in- plan year beginning before January 1, 2014, any ‘‘(ii) ASSETS.—For purposes of clause (i), as- stallments over 15 years. amortization schedules and bases for plan years sets shall not be reduced by any credit balance ‘‘(D) CHANGES.—If the funding method for a beginning before such date shall be reduced to in the funding standard account. plan is changed, the new funding method shall zero. ‘‘(8) ANNUAL VALUATION.— become the funding method used to determine ‘‘(c) SPECIAL RULES.— ‘‘(A) IN GENERAL.—For purposes of this sec- costs and liabilities under the plan only if the ‘‘(1) DETERMINATIONS TO BE MADE UNDER tion, a determination of experience gains and change is approved by the Secretary of the FUNDING METHOD.—For purposes of this section, losses and a valuation of the plan’s liability Treasury. The preceding sentence shall not normal costs, accrued liability, past service li- shall be made not less frequently than once apply to any change made pursuant to, or per- abilities, and experience gains and losses shall every year, except that such determination shall mitted by, the second sentence of subparagraph be determined under the funding method used to be made more frequently to the extent required (B) if such change is made for the first plan determine costs under the plan. in particular cases under regulations prescribed year beginning after December 31, 2013. Any ‘‘(2) VALUATION OF ASSETS.— by the Secretary of the Treasury. such change may be made without the approval ‘‘(B) VALUATION DATE.— ‘‘(A) IN GENERAL.—For purposes of this sec- of the Secretary of the Treasury. If the plan ‘‘(i) CURRENT YEAR.—Except as provided in tion, the value of the plan’s assets shall be de- year for a plan is changed, the new plan year clause (ii), the valuation referred to in subpara- termined on the basis of any reasonable actu- shall become the plan year for the plan only if graph (A) shall be made as of a date within the arial method of valuation which takes into ac- the change is approved by the Secretary of the plan year to which the valuation refers or with- count fair market value and which is permitted Treasury. in one month prior to the beginning of such under regulations prescribed by the Secretary of ‘‘(E) APPROVAL REQUIRED FOR CERTAIN year. the Treasury. CHANGES IN ASSUMPTIONS BY CERTAIN SINGLE-EM- ‘‘(ii) USE OF PRIOR YEAR VALUATION.—The ‘‘(B) DEDICATED BOND PORTFOLIO.—The Sec- PLOYER PLANS SUBJECT TO ADDITIONAL FUNDING valuation referred to in subparagraph (A) may retary of the Treasury may by regulations pro- REQUIREMENT.— be made as of a date within the plan year prior vide that the value of any dedicated bond port- ‘‘(i) IN GENERAL.—No actuarial assumption to the year to which the valuation refers if, as folio of a plan shall be determined by using the (other than the assumptions described in sub- of such date, the value of the assets of the plan interest rate under section 302(b)(5) (as in effect section (h)(3)) used to determine the current li- are not less than 100 percent of the plan’s cur- on the day before the enactment of the Pension ability for a plan to which this subparagraph rent liability. Protection Act of 2006). applies may be changed without the approval of ‘‘(iii) ADJUSTMENTS.—Information under ‘‘(3) ACTUARIAL ASSUMPTIONS MUST BE REA- the Secretary. clause (ii) shall, in accordance with regulations, SONABLE.—For purposes of this section, all ‘‘(ii) PLANS TO WHICH SUBPARAGRAPH AP- be actuarially adjusted to reflect significant dif- costs, liabilities, rates of interest, and other fac- PLIES.—This subparagraph shall apply to a plan ferences in participants. tors under the plan shall be determined on the only if— ‘‘(iv) LIMITATION.—A change in funding basis of actuarial assumptions and methods— ‘‘(I) the plan is a CSEC plan, method to use a prior year valuation, as pro- ‘‘(A) each of which is reasonable (taking into ‘‘(II) the aggregate unfunded vested benefits vided in clause (ii), may not be made unless as account the experience of the plan and reason- as of the close of the preceding plan year (as de- of the valuation date within the prior plan year, able expectations) or which, in the aggregate, termined under section 4006(a)(3)(E)(iii)) of such the value of the assets of the plan are not less result in a total contribution equivalent to that plan and all other plans maintained by the con- than 125 percent of the plan’s current liability. which would be determined if each such as- tributing sponsors (as defined in section ‘‘(9) TIME WHEN CERTAIN CONTRIBUTIONS sumption and method were reasonable, and 4001(a)(13)) and members of such sponsors’ con- DEEMED MADE.—For purposes of this section, ‘‘(B) which, in combination, offer the actu- trolled groups (as defined in section 4001(a)(14)) any contributions for a plan year made by an ary’s best estimate of anticipated experience which are covered by title IV (disregarding employer during the period— under the plan. plans with no unfunded vested benefits) exceed ‘‘(A) beginning on the day after the last day ‘‘(4) TREATMENT OF CERTAIN CHANGES AS EX- $50,000,000, and of such plan year, and PERIENCE GAIN OR LOSS.—For purposes of this ‘‘(III) the change in assumptions (determined ‘‘(B) ending on the day which is 81⁄2 months section, if— after taking into account any changes in inter- after the close of the plan year,

VerDate Mar 15 2010 05:19 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00055 Fmt 4624 Sfmt 6333 E:\CR\FM\A28JA6.008 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE S548 CONGRESSIONAL RECORD — SENATE January 28, 2014 shall be deemed to have been made on such last section with regard to any portion of the under- equal to 3 times the sum of the adjusted dis- day. payment shall run from the due date for the in- bursements from the plan for the 12 months end- ‘‘(10) ANTICIPATION OF BENEFIT INCREASES EF- stallment to the date on which such portion is ing on the last day of such quarter. FECTIVE IN THE FUTURE.—In determining pro- contributed to or under the plan (determined ‘‘(II) SPECIAL RULE.—If the amount deter- jected benefits, the funding method of a collec- without regard to subsection (c)(9)). mined under subclause (I) exceeds an amount tively bargained CSEC plan described in section ‘‘(C) ORDER OF CREDITING CONTRIBUTIONS.— equal to 2 times the sum of the adjusted dis- 413(a) of the Internal Revenue Code of 1986 For purposes of subparagraph (A)(ii), contribu- bursements from the plan for the 36 months end- (other than a multiemployer plan) shall antici- tions shall be credited against unpaid required ing on the last day of the quarter and an en- pate benefit increases scheduled to take effect installments in the order in which such install- rolled actuary certifies to the satisfaction of the during the term of the collective bargaining ments are required to be paid. Secretary of the Treasury that such excess is the agreement applicable to the plan. ‘‘(3) NUMBER OF REQUIRED INSTALLMENTS; DUE result of nonrecurring circumstances, the base ‘‘(d) EXTENSION OF AMORTIZATION PERIODS.— DATES.—For purposes of this subsection— amount with respect to such quarter shall be de- The period of years required to amortize any ‘‘(A) PAYABLE IN 4 INSTALLMENTS.—There termined without regard to amounts related to unfunded liability (described in any clause of shall be 4 required installments for each plan those nonrecurring circumstances. subsection (b)(2)(B)) of any plan may be ex- year. ‘‘(iii) DISBURSEMENTS FROM THE PLAN.—The tended by the Secretary for a period of time (not ‘‘(B) TIME FOR PAYMENT OF INSTALLMENTS.— term ‘disbursements from the plan’ means all in excess of 10 years) if such Secretary deter- disbursements from the trust, including pur- mines that such extension would carry out the ‘‘In the case of the fol- chases of annuities, payments of single sums lowing required install- The due date is: purposes of this Act and provide adequate pro- ments: and other benefits, and administrative expenses. tection for participants under the plan and their ‘‘(iv) ADJUSTED DISBURSEMENTS.—The term beneficiaries, and if such Secretary determines 1st ...... April 15 ‘adjusted disbursements’ means disbursements that the failure to permit such extension would 2nd ...... July 15 from the plan reduced by the product of— result in— 3rd ...... October 15 ‘‘(I) the plan’s funded current liability per- ‘‘(1) a substantial risk to the voluntary con- 4th ...... January 15 of the fol- lowing year. centage for the plan year, and tinuation of the plan, or ‘‘(II) the sum of the purchases of annuities, ‘‘(2) a substantial curtailment of pension ben- ‘‘(4) AMOUNT OF REQUIRED INSTALLMENT.—For payments of single sums, and such other dis- efit levels or employee compensation. purposes of this subsection— bursements as the Secretary of the Treasury ‘‘(e) ALTERNATIVE MINIMUM FUNDING STAND- ‘‘(A) IN GENERAL.—The amount of any re- shall provide in regulations. ARD.— quired installment shall be 25 percent of the re- ‘‘(v) LIQUID ASSETS.—The term ‘liquid assets’ ‘‘(1) IN GENERAL.—A CSEC plan which uses a quired annual payment. means cash, marketable securities and such funding method that requires contributions in ‘‘(B) REQUIRED ANNUAL PAYMENT.—For pur- other assets as specified by the Secretary of the all years not less than those required under the poses of subparagraph (A), the term ‘required Treasury in regulations. entry age normal funding method may maintain annual payment’ means the lesser of— ‘‘(vi) QUARTER.—The term ‘quarter’ means, an alternative minimum funding standard ac- ‘‘(i) 90 percent of the amount required to be with respect to any required installment, the 3- count for any plan year. Such account shall be contributed to or under the plan by the em- month period preceding the month in which the credited and charged solely as provided in this ployer for the plan year under section 302 (with- due date for such installment occurs. subsection. out regard to any waiver under subsection (c) ‘‘(F) REGULATIONS.—The Secretary of the ‘‘(2) CHARGES AND CREDITS TO ACCOUNT.—For thereof), or Treasury may prescribe such regulations as are a plan year the alternative minimum funding ‘‘(ii) 100 percent of the amount so required for necessary to carry out this paragraph. the preceding plan year. standard account shall be— ‘‘(6) FISCAL YEARS AND SHORT YEARS.— ‘‘(A) charged with the sum of— Clause (ii) shall not apply if the preceding plan ‘‘(A) FISCAL YEARS.—In applying this sub- ‘‘(i) the lesser of normal cost under the fund- year was not a year of 12 months. section to a plan year beginning on any date ing method used under the plan or normal cost ‘‘(5) LIQUIDITY REQUIREMENT.— other than January 1, there shall be substituted determined under the unit credit method, ‘‘(A) IN GENERAL.—A plan to which this para- for the months specified in this subsection, the ‘‘(ii) the excess, if any, of the present value of graph applies shall be treated as failing to pay months which correspond thereto. accrued benefits under the plan over the fair the full amount of any required installment to ‘‘(B) SHORT PLAN YEAR.—This subsection shall market value of the assets, and the extent that the value of the liquid assets be applied to plan years of less than 12 months ‘‘(iii) an amount equal to the excess (if any) of paid in such installment is less than the liquid- in accordance with regulations prescribed by the credits to the alternative minimum standard ac- ity shortfall (whether or not such liquidity Secretary of the Treasury. count for all prior plan years over charges to shortfall exceeds the amount of such installment ‘‘(g) IMPOSITION OF LIEN WHERE FAILURE TO such account for all such years, and required to be paid but for this paragraph). MAKE REQUIRED CONTRIBUTIONS.— ‘‘(B) credited with the amount considered con- ‘‘(B) PLANS TO WHICH PARAGRAPH APPLIES.— ‘‘(1) IN GENERAL.—In the case of a plan to tributed by the employer to or under the plan This paragraph shall apply to a CSEC plan which this section applies, if— for the plan year. other than a plan described in section ‘‘(A) any person fails to make a required in- ‘‘(3) SPECIAL RULES.—The alternative min- 302(d)(6)(A) (as in effect on the day before the stallment under subsection (f) or any other pay- imum funding standard account (and items enactment of the Pension Protection Act of 2006) ment required under this section before the due therein) shall be charged or credited with inter- which— date for such installment or other payment, and est in the manner provided under subsection ‘‘(i) is required to pay installments under this ‘‘(B) the unpaid balance of such installment (b)(5) with respect to the funding standard ac- subsection for a plan year, and or other payment (including interest), when count. ‘‘(ii) has a liquidity shortfall for any quarter added to the aggregate unpaid balance of all ‘‘(f) QUARTERLY CONTRIBUTIONS REQUIRED.— during such plan year. preceding such installments or other payments ‘‘(1) IN GENERAL.—If a CSEC plan which has ‘‘(C) PERIOD OF UNDERPAYMENT.—For pur- for which payment was not made before the due a funded current liability percentage for the poses of paragraph (1), any portion of an in- date (including interest), exceeds $1,000,000, preceding plan year of less than 100 percent stallment that is treated as not paid under sub- fails to pay the full amount of a required in- paragraph (A) shall continue to be treated as then there shall be a lien in favor of the plan in stallment for the plan year, then the rate of in- unpaid until the close of the quarter in which the amount determined under paragraph (3) terest charged to the funding standard account the due date for such installment occurs. upon all property and rights to property, wheth- under subsection (b)(5) with respect to the ‘‘(D) LIMITATION ON INCREASE.—If the amount er real or personal, belonging to such person amount of the underpayment for the period of of any required installment is increased by rea- and any other person who is a member of the the underpayment shall be equal to the greater son of subparagraph (A), in no event shall such same controlled group of which such person is a of— increase exceed the amount which, when added member. ‘‘(A) 175 percent of the Federal mid-term rate to prior installments for the plan year, is nec- ‘‘(2) PLANS TO WHICH SUBSECTION APPLIES.— (as in effect under section 1274 of the Internal essary to increase the funded current liability This subsection shall apply to a CSEC plan for Revenue Code of 1986 for the 1st month of such percentage (taking into account the expected in- any plan year for which the funded current li- plan year), or crease in current liability due to benefits accru- ability percentage of such plan is less than 100 ‘‘(B) the rate of interest used under the plan ing during the plan year) to 100 percent. percent. This subsection shall not apply to any in determining costs. ‘‘(E) DEFINITIONS.—For purposes of this para- plan to which section 4021 does not apply (as ‘‘(2) AMOUNT OF UNDERPAYMENT, PERIOD OF graph: such section is in effect on the date of the enact- UNDERPAYMENT.—For purposes of paragraph ‘‘(i) LIQUIDITY SHORTFALL.—The term ‘liquid- ment of the Retirement Protection Act of 1994). (1)— ity shortfall’ means, with respect to any re- ‘‘(3) AMOUNT OF LIEN.—For purposes of para- ‘‘(A) AMOUNT.—The amount of the under- quired installment, an amount equal to the ex- graph (1), the amount of the lien shall be equal payment shall be the excess of— cess (as of the last day of the quarter for which to the aggregate unpaid balance of required in- ‘‘(i) the required installment, over such installment is made) of the base amount stallments and other payments required under ‘‘(ii) the amount (if any) of the installment with respect to such quarter over the value (as this section (including interest)— contributed to or under the plan on or before of such last day) of the plan’s liquid assets. ‘‘(A) for plan years beginning after 1987, and the due date for the installment. ‘‘(ii) BASE AMOUNT.— ‘‘(B) for which payment has not been made ‘‘(B) PERIOD OF UNDERPAYMENT.—The period ‘‘(I) IN GENERAL.—The term ‘base amount’ before the due date. for which interest is charged under this sub- means, with respect to any quarter, an amount ‘‘(4) NOTICE OF FAILURE; LIEN.—

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‘‘(A) NOTICE OF FAILURE.—A person commit- ‘‘(C) SEPARATE MORTALITY TABLES FOR THE accumulated funding deficiency under section ting a failure described in paragraph (1) shall DISABLED.—Notwithstanding subparagraph 306 as of the end of the plan year.’’. notify the Pension Benefit Guaranty Corpora- (B)— (B) CONFORMING AMENDMENTS.—Section 302 of tion of such failure within 10 days of the due ‘‘(i) IN GENERAL.—In the case of plan years the Employee Retirement Income Security Act of date for the required installment or other pay- beginning after December 31, 1995, the Secretary 1974 (29 U.S.C. 1082) is amended— ment. of the Treasury shall establish mortality tables (i) by striking ‘‘multiemployer plan’’ the first ‘‘(B) PERIOD OF LIEN.—The lien imposed by which may be used (in lieu of the tables under place it appears in clause (i) of subsection paragraph (1) shall arise on the due date for the subparagraph (B)) to determine current liability (c)(1)(A) and the last place it appears in para- required installment or other payment and shall under this subsection for individuals who are graph (2) of subsection (d), and inserting ‘‘mul- continue until the last day of the first plan year entitled to benefits under the plan on account of tiemployer plan or a CSEC plan’’, in which the plan ceases to be described in para- disability. The Secretary of the Treasury shall (ii) by striking ‘‘303(j)’’ in paragraph (1) of graph (1)(B). Such lien shall continue to run establish separate tables for individuals whose subsection (b) and inserting ‘‘303(j) or under without regard to whether such plan continues disabilities occur in plan years beginning before 306(f)’’, to be described in paragraph (2) during the pe- January 1, 1995, and for individuals whose dis- (iii)(I) by striking ‘‘and’’ at the end of clause riod referred to in the preceding sentence. abilities occur in plan years beginning on or (i) of subsection (c)(1)(B), ‘‘(C) CERTAIN RULES TO APPLY.—Any amount after such date. (II) by striking the period at the end of clause with respect to which a lien is imposed under ‘‘(ii) SPECIAL RULE FOR DISABILITIES OCCUR- (ii) of subsection (c)(1)(B), and inserting ‘‘, paragraph (1) shall be treated as taxes due and RING AFTER 1994.—In the case of disabilities oc- and’’, and owing the United States and rules similar to the curring in plan years beginning after December (III) by inserting the following new clause rules of subsections (c), (d), and (e) of section 31, 1994, the tables under clause (i) shall apply after clause (ii) of subsection (c)(1)(B): 4068 shall apply with respect to a lien imposed only with respect to individuals described in ‘‘(iii) in the case of a CSEC plan, the funding by subsection (a) and the amount with respect such subclause who are disabled within the standard account shall be credited under section to such lien. meaning of title II of the Social Security Act 306(b)(3)(C) with the amount of the waived ‘‘(5) ENFORCEMENT.—Any lien created under and the regulations thereunder. funding deficiency and such amount shall be paragraph (1) may be perfected and enforced ‘‘(4) CERTAIN SERVICE DISREGARDED.— amortized as required under section only by the Pension Benefit Guaranty Corpora- ‘‘(A) IN GENERAL.—In the case of a partici- 306(b)(2)(C).’’, tion, or at the direction of the Pension Benefit pant to whom this paragraph applies, only the (iv) by striking ‘‘under paragraph (1)’’ in Guaranty Corporation, by any contributing em- applicable percentage of the years of service be- clause (i) of subsection (c)(4)(A) and inserting ployer (or any member of the controlled group of fore such individual became a participant shall ‘‘under paragraph (1) or for granting an exten- the contributing employer). be taken into account in computing the current sion under section 306(d)’’, ‘‘(6) DEFINITIONS.—For purposes of this sub- liability of the plan. (v) by striking ‘‘waiver under this subsection’’ section— ‘‘(B) APPLICABLE PERCENTAGE.—For purposes in subparagraph (B) of subsection (c)(4) and in- UE DATE; REQUIRED INSTALLMENT.—The ‘‘(A) D of this subparagraph, the applicable percentage serting ‘‘waiver under this subsection or an ex- terms ‘due date’ and ‘required installment’ have shall be determined as follows: tension under 306(d)’’, the meanings given such terms by subsection (f), (vi) by striking ‘‘waiver or modification’’ in except that in the case of a payment other than ‘‘If the years of participa- The applicable percent- subclause (I) of subsection (c)(4)(B)(i) and in- a required installment, the due date shall be the tion are: age is: serting ‘‘waiver, modification, or extension’’, date such payment is required to be made under (vii) by striking ‘‘waivers’’ in the heading of this section. 1 ...... 20 subsection (c)(4)(C) and of clause (ii) of sub- ‘‘(B) CONTROLLED GROUP.—The term ‘con- 2 ...... 40 section (c)(4)(C) and inserting ‘‘waivers or ex- trolled group’ means any group treated as a sin- 3 ...... 60 4 ...... 80 tensions’’, gle employer under subsections (b), (c), (m), and 5 or more ...... 100. (viii) by striking ‘‘section 304(d)’’ in subpara- (o) of section 414 of the Internal Revenue Code graph (A) of subsection (c)(7) and in paragraph of 1986. ‘‘(C) PARTICIPANTS TO WHOM PARAGRAPH AP- (2) of subsection (d) and inserting ‘‘section ‘‘(h) CURRENT LIABILITY.—For purposes of PLIES.—This subparagraph shall apply to any 304(d) or section 306(d)’’, this section— participant who, at the time of becoming a par- (ix) by striking ‘‘and’’ at the end of subclause ‘‘(1) IN GENERAL.—The term ‘current liability’ ticipant— (I) of subsection (c)(4)(C)(i) and adding ‘‘or the means all liabilities to employees and their bene- ‘‘(i) has not accrued any other benefit under accumulated funding deficiency under section ficiaries under the plan. any defined benefit plan (whether or not termi- 306, whichever is applicable,’’, ‘‘(2) TREATMENT OF UNPREDICTABLE CONTIN- nated) maintained by the employer or a member (x) by striking ‘‘303(e)(2),’’ in subclause (II) of GENT EVENT BENEFITS.— of the same controlled group of which the em- subsection (c)(4)(C)(i) and inserting ‘‘303(e)(2) or ‘‘(A) IN GENERAL.—For purposes of paragraph ployer is a member, 306(b)(2)(C), whichever is applicable, and’’, (1), any unpredictable contingent event benefit ‘‘(ii) who first becomes a participant under (xi) by adding immediately after subclause (II) shall not be taken into account until the event the plan in a plan year beginning after Decem- of subsection (c)(4)(C)(i) the following new sub- on which the benefit is contingent occurs. ber 31, 1987, and clause: ‘‘(B) UNPREDICTABLE CONTINGENT EVENT BEN- ‘‘(iii) has years of service greater than the ‘‘(III) the total amounts not paid by reason of EFIT.—The term ‘unpredictable contingent event minimum years of service necessary for eligi- an extension in effect under section 306(d),’’, benefit’ means any benefit contingent on an bility to participate in the plan. (xii) by striking ‘‘for waivers of’’ in clause (ii) event other than— ‘‘(D) ELECTION.—An employer may elect not ‘‘(i) age, service, compensation, death, or dis- of subsection (c)(4)(C) and inserting ‘‘for waiv- to have this subparagraph apply. Such an elec- ability, or ers or extensions with respect to’’, and tion, once made, may be revoked only with the ‘‘(ii) an event which is reasonably and reli- (xiii) by striking ‘‘single-employer plan’’ in consent of the Secretary of the Treasury. ably predictable (as determined by the Secretary subparagraph (A) of subsection (a)(2) and in ‘‘(i) FUNDED CURRENT LIABILITY PERCENT- of the Treasury). clause (i) of subsection (c)(1)(B) and inserting ‘‘(3) INTEREST RATE AND MORTALITY ASSUMP- AGE.—For purposes of this section, the term ‘‘single-employer plan (other than a CSEC TIONS USED.— ‘funded current liability percentage’ means, plan)’’. ‘‘(A) INTEREST RATE.—The rate of interest with respect to any plan year, the percentage (3) BENEFIT RESTRICTIONS.— used to determine current liability under this which— (A) IN GENERAL.—Subsection (g) of section 206 section shall be the third segment rate deter- ‘‘(1) the value of the plan’s assets determined of the Employee Retirement Income Security Act mined under section 303(h)(2)(C). under subsection (c)(2), is of of 1974 (29 U.S.C. 1056) is amended by adding at ‘‘(B) MORTALITY TABLES.— ‘‘(2) the current liability under the plan. the end thereof the following new paragraph: ‘‘(i) SECRETARIAL AUTHORITY.—The Secretary ‘‘(j) TRANSITION.—The Secretary of the Treas- ‘‘(12) CSEC PLANS.—This subsection shall not of the Treasury may by regulation prescribe ury may prescribe such rules as are necessary or apply to a CSEC plan (as defined in section mortality tables to be used in determining cur- appropriate with respect to the transition of a 210(f)).’’. rent liability under this subsection. Such tables CSEC plan from the application of section 303 to (B) EFFECTIVE DATE.—Any restriction under shall be based upon the actual experience of the application of this section.’’. section 206(g) of the Employee Retirement In- pension plans and projected trends in such ex- (2) SEPARATE RULES FOR CSEC PLANS.— come Security Act of 1974 that is in effect with perience. In prescribing such tables, the Sec- (A) IN GENERAL.—Paragraph (2) of section respect to a CSEC plan as of the last day of the retary of the Treasury shall take into account 302(a) of the Employee Retirement Income Secu- last plan year beginning before January 1, 2014, results of available independent studies of mor- rity Act of 1974 (29 U.S.C. 1082(a)) is amended shall cease to apply as of the first day of the fol- tality of individuals covered by pension plans. by striking ‘‘and’’ at the end of subparagraph lowing plan year. ‘‘(ii) PERIODIC REVIEW.—The Secretary of the (B), by striking the period at the end of sub- (4) BENEFIT INCREASES.—Paragraph (3) of sec- Treasury shall periodically (at least every 5 paragraph (C) and inserting ‘‘, and’’, and by in- tion 204(i) of the Employee Retirement Income years) review any tables in effect under this serting at the end thereof the following new Security Act of 1974 (29 U.S.C. 1054(i)) is amend- subsection and shall, to the extent the Secretary subparagraph: ed by striking ‘‘multiemployer plans’’ and in- of the Treasury determines necessary, by regula- ‘‘(D) in the case of a CSEC plan, the employ- serting ‘‘multiemployer plans or CSEC plans’’. tion update the tables to reflect the actual expe- ers make contributions to or under the plan for (5) SECTION 103.—Subparagraph (B) of section rience of pension plans and projected trends in any plan year which, in the aggregate, are suf- 103(d)(8) of the Employee Retirement Income Se- such experience. ficient to ensure that the plan does not have an curity Act of 1974 (29 U.S.C. 1023(d)(8)) is

VerDate Mar 15 2010 06:02 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00057 Fmt 4624 Sfmt 6333 E:\CR\FM\A28JA6.008 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE S550 CONGRESSIONAL RECORD — SENATE January 28, 2014 amended by striking ‘‘303(h) and 304(c)(3)’’ and ‘‘(vi) separately, with respect to each plan ‘‘(B) The interest rate used for purposes of inserting ‘‘303(h), 304(c)(3), and 306(c)(3)’’. year, the net loss (if any) resulting from computing the amortization charge described in (6) SECTION 4003.—Subparagraph (B) of section changes in actuarial assumptions used under subsection (b)(2)(C) or for purposes of any ar- 4003(e)(1) of the Employee Retirement Income the plan, over a period of 10 plan years, rangement under subsection (d) for any plan Security Act of 1974 (29 U.S.C. 1303(e)(1)) is ‘‘(C) the amount necessary to amortize each year shall be the greater of— amended by striking ‘‘303(k)(1)(A) and (B) of waived funding deficiency (within the meaning ‘‘(i) 150 percent of the Federal mid-term rate this Act or section 430(k)(1)(A) and (B) of the of section 412(c)(3)) for each prior plan year in (as in effect under section 1274 for the 1st month Internal Revenue Code of 1986’’ and inserting equal annual installments (until fully amor- of such plan year), or ‘‘303(k)(1)(A) and (B) or 306(g)(1)(A) and (B) of tized) over a period of 5 plan years, ‘‘(ii) the rate of interest determined under sub- this Act or section 430(k)(1)(A) and (B) or ‘‘(D) the amount necessary to amortize in paragraph (A). 433(g)(1)(A) and (B) of the Internal Revenue equal annual installments (until fully amor- ‘‘(6) AMORTIZATION SCHEDULES IN EFFECT.— Code of 1986’’. tized) over a period of 5 plan years any amount Amortization schedules for amounts described in (7) SECTION 4010.—Paragraph (2) of section credited to the funding standard account under paragraphs (2) and (3) that are in effect as of 4010(b) of the Employee Retirement Income Se- paragraph (3)(D), and the last day of the last plan year beginning be- curity Act of 1974 (29 U.S.C. 1310(b)) is amended ‘‘(E) the amount necessary to amortize in fore January 1, 2014, by reason of section 104 of by striking ‘‘303(k)(1)(A) and (B) of this Act or equal annual installments (until fully amor- the Pension Protection Act of 2006 shall remain section 430(k)(1)(A) and (B) of the Internal Rev- tized) over a period of 20 years the contributions in effect pursuant to their terms and this sec- enue Code of 1986’’ and inserting ‘‘303(k)(1)(A) which would be required to be made under the tion, except that such amounts shall not be am- and (B) or 306(g)(1)(A) and (B) of this Act or plan but for the provisions of section ortized again under this section. In the case of section 430(k)(1)(A) and (B) or 433(g)(1)(A) and 412(c)(7)(A)(i)(I) (as in effect on the day before a plan that is subject to section 430 for the last (B) of the Internal Revenue Code of 1986’’. the enactment of the Pension Protection Act of plan year beginning before January 1, 2014, any (8) SECTION 4071.—Section 4071 of the Employee 2006). amortization schedules and bases for plan years Retirement Income Security Act of 1974 (29 ‘‘(3) CREDITS TO ACCOUNT.—For a plan year, beginning before such date shall be reduced to U.S.C. 1371) is amended by striking ‘‘section the funding standard account shall be credited zero. 303(k)(4)’’ and inserting ‘‘section 303(k)(4) or with the sum of— ‘‘(c) SPECIAL RULES.— 306(g)(4)’’. ‘‘(A) the amount considered contributed by ‘‘(1) DETERMINATIONS TO BE MADE UNDER (b) AMENDMENTS TO CODE.— the employer to or under the plan for the plan FUNDING METHOD.—For purposes of this section, (1) MINIMUM FUNDING STANDARDS UNDER THE year, normal costs, accrued liability, past service li- INTERNAL REVENUE CODE.—Subpart A of part III ‘‘(B) the amount necessary to amortize in of subchapter D of chapter 1 of subtitle A of the equal annual installments (until fully amor- abilities, and experience gains and losses shall Internal Revenue Code of 1986 is amended by tized)— be determined under the funding method used to adding at the end the following new section: ‘‘(i) separately, with respect to each plan determine costs under the plan. ‘‘(2) VALUATION OF ASSETS.— ‘‘SEC. 433. MINIMUM FUNDING STANDARDS. year, the net decrease (if any) in unfunded past ‘‘(A) IN GENERAL.—For purposes of this sec- ‘‘(a) GENERAL RULE.—For purposes of section service liability under the plan arising from 412, the term ‘accumulated funding deficiency’ plan amendments adopted in such year, over a tion, the value of the plan’s assets shall be de- for a CSEC plan means the excess of the total period of 15 plan years, termined on the basis of any reasonable actu- charges to the funding standard account for all ‘‘(ii) separately, with respect to each plan arial method of valuation which takes into ac- plan years (beginning with the first plan year to year, the net experience gain (if any) under the count fair market value and which is permitted which section 412 applies) over the total credits plan, over a period of 5 plan years, and under regulations prescribed by the Secretary. to such account for such years or, if less, the ex- ‘‘(iii) separately, with respect to each plan ‘‘(B) DEDICATED BOND PORTFOLIO.—The Sec- cess of the total charges to the alternative min- year, the net gain (if any) resulting from retary may by regulations provide that the imum funding standard account for such plan changes in actuarial assumptions used under value of any dedicated bond portfolio of a plan years over the total credits to such account for the plan, over a period of 10 plan years, shall be determined by using the interest rate such years. ‘‘(C) the amount of the waived funding defi- under section 412(b)(5) (as in effect on the day ‘‘(b) FUNDING STANDARD ACCOUNT.— ciency (within the meaning of section 412(c)(3)) before the enactment of the Pension Protection ‘‘(1) ACCOUNT REQUIRED.—Each plan to which for the plan year, Act of 2006). this section applies shall establish and maintain ‘‘(D) in the case of a plan year for which the ‘‘(3) ACTUARIAL ASSUMPTIONS MUST BE REA- a funding standard account. Such account shall accumulated funding deficiency is determined SONABLE.—For purposes of this section, all be credited and charged solely as provided in under the funding standard account if such costs, liabilities, rates of interest, and other fac- this section. plan year follows a plan year for which such tors under the plan shall be determined on the ‘‘(2) CHARGES TO ACCOUNT.—For a plan year, deficiency was determined under the alternative basis of actuarial assumptions and methods— the funding standard account shall be charged minimum funding standard, the excess (if any) ‘‘(A) each of which is reasonable (taking into with the sum of— of any debit balance in the funding standard account the experience of the plan and reason- ‘‘(A) the normal cost of the plan for the plan account (determined without regard to this sub- able expectations) or which, in the aggregate, year, paragraph) over any debit balance in the alter- result in a total contribution equivalent to that ‘‘(B) the amounts necessary to amortize in native minimum funding standard account, and which would be determined if each such as- equal annual installments (until fully amor- ‘‘(E) for the first plan year beginning after sumption and method were reasonable, and tized)— December 31, 2013, in the case of a plan that is ‘‘(B) which, in combination, offer the actu- ‘‘(i) in the case of a plan in existence on Janu- subject to section 430 for the last plan year be- ary’s best estimate of anticipated experience ary 1, 1974, the unfunded past service liability ginning before January 1, 2014, the sum of the under the plan. under the plan on the first day of the first plan plan’s funding standard carryover balance and ‘‘(4) TREATMENT OF CERTAIN CHANGES AS EX- year to which section 412 applies, over a period prefunding balance (as such terms are defined PERIENCE GAIN OR LOSS.—For purposes of this of 40 plan years, in section 430(f)) as of the end of the last plan section, if— ‘‘(ii) in the case of a plan which comes into year beginning before January 1, 2014. ‘‘(A) a change in benefits under the Social Se- existence after January 1, 1974, but before the ‘‘(4) COMBINING AND OFFSETTING AMOUNTS TO curity Act or in other retirement benefits created first day of the first plan year beginning after BE AMORTIZED.—Under regulations prescribed under Federal or State law, or December 31, 2013, the unfunded past service li- by the Secretary, amounts required to be amor- ‘‘(B) a change in the definition of the term ability under the plan on the first day of the tized under paragraph (2) or paragraph (3), as ‘wages’ under section 3121 or a change in the first plan year to which section 412 applies, over the case may be— amount of such wages taken into account under a period of 30 plan years, ‘‘(A) may be combined into one amount under regulations prescribed for purposes of section ‘‘(iii) in the case of a plan that is subject to such paragraph to be amortized over a period 401(a)(5), section 430 for the last plan year beginning be- determined on the basis of the remaining amorti- results in an increase or decrease in accrued li- fore January 1, 2014, the sum of— zation period for all items entering into such ability under a plan, such increase or decrease ‘‘(I) the plan’s funding standard carryover combined amount, and balance and prefunding balance (as such terms ‘‘(B) may be offset against amounts required shall be treated as an experience loss or gain. are defined in section 430(f)) as of the end of to be amortized under the other such paragraph, ‘‘(5) FUNDING METHOD AND PLAN YEAR.— such plan year, and with the resulting amount to be amortized over ‘‘(A) FUNDING METHODS AVAILABLE.—All ‘‘(II) the unfunded past service liability under a period determined on the basis of the remain- funding methods available to CSEC plans under the plan for the first plan year beginning after ing amortization periods for all items entering section 412 (as in effect on the day before the December 31, 2013, into whichever of the two amounts being offset enactment of the Pension Protection Act of 2006) over a period of 15 years, is the greater. shall continue to be available under this section. ‘‘(iv) separately, with respect to each plan ‘‘(5) INTEREST.— ‘‘(B) NOT AFFECTED BY CESSATION OF BENEFIT year, the net increase (if any) in unfunded past ‘‘(A) Except as provided in subparagraph (B), ACCRUALS.—The availability of any funding service liability under the plan arising from the funding standard account (and items there- method, including all spread gain funding meth- plan amendments adopted in such year, over a in) shall be charged or credited (as determined ods, shall not be affected by whether benefit ac- period of 15 plan years, under regulations prescribed by the Secretary) cruals under a plan have ceased. Except as oth- ‘‘(v) separately, with respect to each plan with interest at the appropriate rate consistent erwise provided in subparagraph (C) or in regu- year, the net experience loss (if any) under the with the rate or rates of interest used under the lations prescribed by the Secretary, if benefit ac- plan, over a period of 5 plan years, and plan to determine costs. cruals have ceased under a plan, the spread

VerDate Mar 15 2010 06:02 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00058 Fmt 4624 Sfmt 6333 E:\CR\FM\A28JA6.008 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S551 gain funding methods may be applied by amor- crued liability cannot be directly calculated ‘‘(2) a substantial curtailment of pension ben- tizing over the average expected future lives of under the funding method used for the plan), efit levels or employee compensation. all participants. over ‘‘(e) ALTERNATIVE MINIMUM FUNDING STAND- ‘‘(C) MINIMUM AMOUNT.—In the case of a plan ‘‘(B) the lesser of— ARD.— amortizing over the average expected future ‘‘(i) the fair market value of the plan’s assets, ‘‘(1) IN GENERAL.—A CSEC plan which uses a lives of all participants pursuant to the second or funding method that requires contributions in sentence of subparagraph (B), such amortiza- ‘‘(ii) the value of such assets determined all years not less than those required under the tion amount for any plan year shall not be less under paragraph (2). entry age normal funding method may maintain than the sum of— ‘‘(C) MINIMUM AMOUNT.— an alternative minimum funding standard ac- ‘‘(i) the amount determined by amortizing, as ‘‘(i) IN GENERAL.—In no event shall the full- count for any plan year. Such account shall be of the first year for which the plan amortizes funding limitation determined under subpara- credited and charged solely as provided in this over the average future lives of all participants, graph (A) be less than the excess (if any) of— subsection. the entire unfunded past service liability in ‘‘(I) 90 percent of the current liability (deter- ‘‘(2) CHARGES AND CREDITS TO ACCOUNT.—For equal installments over 15 years, and mined without regard to paragraph (4) of sub- a plan year the alternative minimum funding ‘‘(ii) the amount determined by amortizing section (h)) of the plan (including the expected standard account shall be— any increase or decrease in such unfunded past increase in such current liability due to benefits ‘‘(A) charged with the sum of— service liability in any subsequent year, other accruing during the plan year), over ‘‘(i) the lesser of normal cost under the fund- than an increase or decrease attributable to con- ‘‘(II) the value of the plan’s assets determined ing method used under the plan or normal cost tributions or expected experience, in equal in- under paragraph (2). determined under the unit credit method, stallments over 15 years. ‘‘(ii) ASSETS.—For purposes of clause (i), as- ‘‘(ii) the excess, if any, of the present value of ‘‘(D) CHANGES.—If the funding method for a sets shall not be reduced by any credit balance accrued benefits under the plan over the fair plan is changed, the new funding method shall in the funding standard account. market value of the assets, and become the funding method used to determine ‘‘(8) ANNUAL VALUATION.— ‘‘(iii) an amount equal to the excess (if any) of costs and liabilities under the plan only if the ‘‘(A) IN GENERAL.—For purposes of this sec- credits to the alternative minimum standard ac- change is approved by the Secretary. The pre- tion, a determination of experience gains and count for all prior plan years over charges to ceding sentence shall not apply to any change losses and a valuation of the plan’s liability such account for all such years, and ‘‘(B) credited with the amount considered con- made pursuant to, or permitted by, the second shall be made not less frequently than once tributed by the employer to or under the plan sentence of subparagraph (B) if such change is every year, except that such determination shall for the plan year. made for the first plan year beginning after De- be made more frequently to the extent required in particular cases under regulations prescribed ‘‘(3) SPECIAL RULES.—The alternative min- cember 31, 2013. Any such change may be made imum funding standard account (and items without the approval of the Secretary. If the by the Secretary. ‘‘(B) VALUATION DATE.— therein) shall be charged or credited with inter- plan year for a plan is changed, the new plan est in the manner provided under subsection year shall become the plan year for the plan ‘‘(i) CURRENT YEAR.—Except as provided in clause (ii), the valuation referred to in subpara- (b)(5) with respect to the funding standard ac- only if the change is approved by the Secretary. count. PPROVAL REQUIRED FOR CERTAIN graph (A) shall be made as of a date within the ‘‘(E) A ‘‘(f) QUARTERLY CONTRIBUTIONS REQUIRED.— CHANGES IN ASSUMPTIONS BY CERTAIN SINGLE-EM- plan year to which the valuation refers or with- in one month prior to the beginning of such ‘‘(1) IN GENERAL.—If a CSEC plan which has PLOYER PLANS SUBJECT TO ADDITIONAL FUNDING a funded current liability percentage for the REQUIREMENT.— year. ‘‘(ii) USE OF PRIOR YEAR VALUATION.—The preceding plan year of less than 100 percent ‘‘(i) IN GENERAL.—No actuarial assumption fails to pay the full amount of a required in- (other than the assumptions described in sub- valuation referred to in subparagraph (A) may be made as of a date within the plan year prior stallment for the plan year, then the rate of in- section (h)(3)) used to determine the current li- terest charged to the funding standard account ability for a plan to which this subparagraph to the year to which the valuation refers if, as of such date, the value of the assets of the plan under subsection (b)(5) with respect to the applies may be changed without the approval of amount of the underpayment for the period of the Secretary. are not less than 100 percent of the plan’s cur- rent liability. the underpayment shall be equal to the greater ‘‘(ii) PLANS TO WHICH SUBPARAGRAPH AP- of— PLIES.—This subparagraph shall apply to a plan ‘‘(iii) ADJUSTMENTS.—Information under clause (ii) shall, in accordance with regulations, ‘‘(A) 175 percent of the Federal mid-term rate only if— (as in effect under section 1274 for the 1st month ‘‘(I) the plan is a CSEC plan, be actuarially adjusted to reflect significant dif- ferences in participants. of such plan year), or ‘‘(II) the aggregate unfunded vested benefits ‘‘(B) the rate of interest used under the plan as of the close of the preceding plan year (as de- ‘‘(iv) LIMITATION.—A change in funding method to use a prior year valuation, as pro- in determining costs. termined under section 4006(a)(3)(E)(iii) of the MOUNT OF UNDERPAYMENT, PERIOD OF vided in clause (ii), may not be made unless as ‘‘(2) A Employee Retirement Income Security Act of UNDERPAYMENT.—For purposes of paragraph of the valuation date within the prior plan year, 1974) of such plan and all other plans main- (1)— the value of the assets of the plan are not less tained by the contributing sponsors (as defined ‘‘(A) AMOUNT.—The amount of the under- than 125 percent of the plan’s current liability. in section 4001(a)(13) of such Act) and members payment shall be the excess of— ‘‘(9) TIME WHEN CERTAIN CONTRIBUTIONS of such sponsors’ controlled groups (as defined ‘‘(i) the required installment, over in section 4001(a)(14) of such Act) which are DEEMED MADE.—For purposes of this section, ‘‘(ii) the amount (if any) of the installment covered by title IV (disregarding plans with no any contributions for a plan year made by an contributed to or under the plan on or before unfunded vested benefits) exceed $50,000,000, employer during the period— the due date for the installment. and ‘‘(A) beginning on the day after the last day ‘‘(B) PERIOD OF UNDERPAYMENT.—The period ‘‘(III) the change in assumptions (determined of such plan year, and for which interest is charged under this sub- 1 after taking into account any changes in inter- ‘‘(B) ending on the day which is 8 ⁄2 months section with regard to any portion of the under- est rate and mortality table) results in a de- after the close of the plan year, payment shall run from the due date for the in- crease in the funding shortfall of the plan for shall be deemed to have been made on such last stallment to the date on which such portion is the current plan year that exceeds $50,000,000, day. contributed to or under the plan (determined or that exceeds $5,000,000 and that is 5 percent ‘‘(10) ANTICIPATION OF BENEFIT INCREASES EF- without regard to subsection (c)(9)). or more of the current liability of the plan be- FECTIVE IN THE FUTURE.—In determining pro- ‘‘(C) ORDER OF CREDITING CONTRIBUTIONS.— fore such change. jected benefits, the funding method of a collec- For purposes of subparagraph (A)(ii), contribu- ‘‘(6) FULL FUNDING.—If, as of the close of a tively bargained CSEC plan described in section tions shall be credited against unpaid required plan year, a plan would (without regard to this 413(a) (other than a multiemployer plan) shall installments in the order in which such install- paragraph) have an accumulated funding defi- anticipate benefit increases scheduled to take ef- ments are required to be paid. ciency (determined without regard to the alter- fect during the term of the collective bargaining ‘‘(3) NUMBER OF REQUIRED INSTALLMENTS; DUE native minimum funding standard account per- agreement applicable to the plan. DATES.—For purposes of this subsection— mitted under subsection (e)) in excess of the full ‘‘(d) EXTENSION OF AMORTIZATION PERIODS.— ‘‘(A) PAYABLE IN 4 INSTALLMENTS.—There funding limitation— The period of years required to amortize any shall be 4 required installments for each plan ‘‘(A) the funding standard account shall be unfunded liability (described in any clause of year. credited with the amount of such excess, and subsection (b)(2)(B)) of any plan may be ex- ‘‘(B) TIME FOR PAYMENT OF INSTALLMENTS.— ‘‘(B) all amounts described in paragraphs tended by the Secretary of Labor for a period of (2)(B), (C), and (D) and (3)(B) of subsection (b) time (not in excess of 10 years) if such Secretary ‘‘In the case of the fol- determines that such extension would carry out lowing required install- The due date is: which are required to be amortized shall be con- ments: sidered fully amortized for purposes of such the purposes of the Employee Retirement Income paragraphs. Security Act of 1974 and provide adequate pro- 1st ...... April 15 ‘‘(7) FULL-FUNDING LIMITATION.—For purposes tection for participants under the plan, and 2nd ...... July 15 of paragraph (6), the term ‘full-funding limita- their beneficiaries and if such Secretary deter- 3rd ...... October 15 tion’ means the excess (if any) of— mines that the failure to permit such extension 4th ...... January 15 of the fol- ‘‘(A) the accrued liability (including normal would result in— lowing year. cost) under the plan (determined under the ‘‘(1) a substantial risk to the voluntary con- ‘‘(4) AMOUNT OF REQUIRED INSTALLMENT.—For entry age normal funding method if such ac- tinuation of the plan, or purposes of this subsection—

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‘‘(A) IN GENERAL.—The amount of any re- bursements as the Secretary shall provide in reg- ‘‘(5) ENFORCEMENT.—Any lien created under quired installment shall be 25 percent of the re- ulations. paragraph (1) may be perfected and enforced quired annual payment. ‘‘(v) LIQUID ASSETS.—The term ‘liquid assets’ only by the Pension Benefit Guaranty Corpora- ‘‘(B) REQUIRED ANNUAL PAYMENT.—For pur- means cash, marketable securities and such tion, or at the direction of the Pension Benefit poses of subparagraph (A), the term ‘required other assets as specified by the Secretary in reg- Guaranty Corporation, by any contributing em- annual payment’ means the lesser of— ulations. ployer (or any member of the controlled group of ‘‘(i) 90 percent of the amount required to be ‘‘(vi) QUARTER.—The term ‘quarter’ means, the contributing employer). contributed to or under the plan by the em- with respect to any required installment, the 3- ‘‘(6) DEFINITIONS.—For purposes of this sub- ployer for the plan year under section 412 (with- month period preceding the month in which the section— out regard to any waiver under subsection (c) due date for such installment occurs. ‘‘(A) DUE DATE; REQUIRED INSTALLMENT.—The thereof), or ‘‘(F) REGULATIONS.—The Secretary may pre- terms ‘due date’ and ‘required installment’ have ‘‘(ii) 100 percent of the amount so required for scribe such regulations as are necessary to carry the meanings given such terms by subsection (f), the preceding plan year. out this paragraph. except that in the case of a payment other than Clause (ii) shall not apply if the preceding plan ‘‘(6) FISCAL YEARS AND SHORT YEARS.— a required installment, the due date shall be the year was not a year of 12 months. ‘‘(A) FISCAL YEARS.—In applying this sub- date such payment is required to be made under ‘‘(5) LIQUIDITY REQUIREMENT.— section to a plan year beginning on any date this section. ‘‘(B) CONTROLLED GROUP.—The term ‘con- ‘‘(A) IN GENERAL.—A plan to which this para- other than January 1, there shall be substituted graph applies shall be treated as failing to pay for the months specified in this subsection, the trolled group’ means any group treated as a sin- the full amount of any required installment to months which correspond thereto. gle employer under subsections (b), (c), (m), and the extent that the value of the liquid assets ‘‘(B) SHORT PLAN YEAR.—This subsection shall (o) of section 414. ‘‘(h) CURRENT LIABILITY.—For purposes of paid in such installment is less than the liquid- be applied to plan years of less than 12 months this section— ity shortfall (whether or not such liquidity in accordance with regulations prescribed by the ‘‘(1) IN GENERAL.—The term ‘current liability’ shortfall exceeds the amount of such installment Secretary. means all liabilities to employees and their bene- required to be paid but for this paragraph). ‘‘(g) IMPOSITION OF LIEN WHERE FAILURE TO ficiaries under the plan. ‘‘(B) PLANS TO WHICH PARAGRAPH APPLIES.— MAKE REQUIRED CONTRIBUTIONS.— ‘‘(2) TREATMENT OF UNPREDICTABLE CONTIN- This paragraph shall apply to a CSEC plan ‘‘(1) IN GENERAL.—In the case of a plan to GENT EVENT BENEFITS.— other than a plan described in section which this section applies, if— ‘‘(A) IN GENERAL.—For purposes of paragraph 412(l)(6)(A) (as in effect on the day before the ‘‘(A) any person fails to make a required in- (1), any unpredictable contingent event benefit enactment of the Pension Protection Act of 2006) stallment under subsection (f) or any other pay- shall not be taken into account until the event which— ment required under this section before the due on which the benefit is contingent occurs. ‘‘(i) is required to pay installments under this date for such installment or other payment, and ‘‘(B) UNPREDICTABLE CONTINGENT EVENT BEN- subsection for a plan year, and ‘‘(B) the unpaid balance of such installment or other payment (including interest), when EFIT.—The term ‘unpredictable contingent event ‘‘(ii) has a liquidity shortfall for any quarter benefit’ means any benefit contingent on an during such plan year. added to the aggregate unpaid balance of all preceding such installments or other payments event other than— ‘‘(C) PERIOD OF UNDERPAYMENT.—For pur- ‘‘(i) age, service, compensation, death, or dis- poses of paragraph (1), any portion of an in- for which payment was not made before the due date (including interest), exceeds $1,000,000, ability, or stallment that is treated as not paid under sub- ‘‘(ii) an event which is reasonably and reli- paragraph (A) shall continue to be treated as then there shall be a lien in favor of the plan in ably predictable (as determined by the Sec- unpaid until the close of the quarter in which the amount determined under paragraph (3) retary). the due date for such installment occurs. upon all property and rights to property, wheth- ‘‘(3) INTEREST RATE AND MORTALITY ASSUMP- ‘‘(D) LIMITATION ON INCREASE.—If the amount er real or personal, belonging to such person TIONS USED.— of any required installment is increased by rea- and any other person who is a member of the ‘‘(A) INTEREST RATE.—The rate of interest son of subparagraph (A), in no event shall such same controlled group of which such person is a used to determine current liability under this increase exceed the amount which, when added member. section shall be the third segment rate deter- to prior installments for the plan year, is nec- ‘‘(2) PLANS TO WHICH SUBSECTION APPLIES.— mined under section 430(h)(2)(C). essary to increase the funded current liability This subsection shall apply to a CSEC plan for ‘‘(B) MORTALITY TABLES.— percentage (taking into account the expected in- any plan year for which the funded current li- ‘‘(i) SECRETARIAL AUTHORITY.—The Secretary crease in current liability due to benefits accru- ability percentage of such plan is less than 100 may by regulation prescribe mortality tables to ing during the plan year) to 100 percent. percent. This subsection shall not apply to any be used in determining current liability under ‘‘(E) DEFINITIONS.—For purposes of this para- plan to which section 4021 of the Employee Re- this subsection. Such tables shall be based upon graph: tirement Income Security Act of 1974 does not the actual experience of pension plans and pro- ‘‘(i) LIQUIDITY SHORTFALL.—The term ‘liquid- apply (as such section is in effect on the date of jected trends in such experience. In prescribing ity shortfall’ means, with respect to any re- the enactment of the Retirement Protection Act such tables, the Secretary shall take into ac- quired installment, an amount equal to the ex- of 1994). count results of available independent studies of cess (as of the last day of the quarter for which ‘‘(3) AMOUNT OF LIEN.—For purposes of para- mortality of individuals covered by pension such installment is made) of the base amount graph (1), the amount of the lien shall be equal plans. with respect to such quarter over the value (as to the aggregate unpaid balance of required in- ‘‘(ii) PERIODIC REVIEW.—The Secretary shall of such last day) of the plan’s liquid assets. stallments and other payments required under periodically (at least every 5 years) review any ‘‘(ii) BASE AMOUNT.— this section (including interest)— tables in effect under this subsection and shall, ‘‘(I) IN GENERAL.—The term ‘base amount’ ‘‘(A) for plan years beginning after 1987, and to the extent the Secretary determines nec- means, with respect to any quarter, an amount ‘‘(B) for which payment has not been made essary, by regulation update the tables to reflect equal to 3 times the sum of the adjusted dis- before the due date. the actual experience of pension plans and pro- bursements from the plan for the 12 months end- ‘‘(4) NOTICE OF FAILURE; LIEN.— jected trends in such experience. ing on the last day of such quarter. ‘‘(A) NOTICE OF FAILURE.—A person commit- ‘‘(C) SEPARATE MORTALITY TABLES FOR THE ‘‘(II) SPECIAL RULE.—If the amount deter- ting a failure described in paragraph (1) shall DISABLED.—Notwithstanding subparagraph mined under subclause (I) exceeds an amount notify the Pension Benefit Guaranty Corpora- (B)— equal to 2 times the sum of the adjusted dis- tion of such failure within 10 days of the due ‘‘(i) IN GENERAL.—In the case of plan years bursements from the plan for the 36 months end- date for the required installment or other pay- beginning after December 31, 1995, the Secretary ing on the last day of the quarter and an en- ment. shall establish mortality tables which may be rolled actuary certifies to the satisfaction of the ‘‘(B) PERIOD OF LIEN.—The lien imposed by used (in lieu of the tables under subparagraph Secretary that such excess is the result of non- paragraph (1) shall arise on the due date for the (B)) to determine current liability under this recurring circumstances, the base amount with required installment or other payment and shall subsection for individuals who are entitled to respect to such quarter shall be determined continue until the last day of the first plan year benefits under the plan on account of disability. without regard to amounts related to those non- in which the plan ceases to be described in para- The Secretary shall establish separate tables for recurring circumstances. graph (1)(B). Such lien shall continue to run individuals whose disabilities occur in plan ‘‘(iii) DISBURSEMENTS FROM THE PLAN.—The without regard to whether such plan continues years beginning before January 1, 1995, and for term ‘disbursements from the plan’ means all to be described in paragraph (2) during the pe- individuals whose disabilities occur in plan disbursements from the trust, including pur- riod referred to in the preceding sentence. years beginning on or after such date. chases of annuities, payments of single sums ‘‘(C) CERTAIN RULES TO APPLY.—Any amount ‘‘(ii) SPECIAL RULE FOR DISABILITIES OCCUR- and other benefits, and administrative expenses. with respect to which a lien is imposed under RING AFTER 1994.—In the case of disabilities oc- ‘‘(iv) ADJUSTED DISBURSEMENTS.—The term paragraph (1) shall be treated as taxes due and curring in plan years beginning after December ‘adjusted disbursements’ means disbursements owing the United States and rules similar to the 31, 1994, the tables under clause (i) shall apply from the plan reduced by the product of— rules of subsections (c), (d), and (e) of section only with respect to individuals described in ‘‘(I) the plan’s funded current liability per- 4068 of the Employee Retirement Income Secu- such subclause who are disabled within the centage for the plan year, and rity Act of 1974 shall apply with respect to a lien meaning of title II of the Social Security Act ‘‘(II) the sum of the purchases of annuities, imposed by subsection (a) and the amount with and the regulations thereunder. payments of single sums, and such other dis- respect to such lien. ‘‘(4) CERTAIN SERVICE DISREGARDED.—

VerDate Mar 15 2010 05:19 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00060 Fmt 4624 Sfmt 6333 E:\CR\FM\A28JA6.008 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S553

‘‘(A) IN GENERAL.—In the case of a partici- (iv) by striking ‘‘under paragraph (1)’’ in ‘‘(iii) SPECIAL RULE FOR PLAN YEARS BEGIN- pant to whom this paragraph applies, only the clause (i) of subsection (c)(4)(A) and inserting NING BEFORE 2014.—In the case of a preceding applicable percentage of the years of service be- ‘‘under paragraph (1) or for granting an exten- plan year referred to in clause (i)(III) which be- fore such individual became a participant shall sion under section 433(d)’’, gins before January 1, 2014, the information de- be taken into account in computing the current (v) by striking ‘‘waiver under this subsection’’ scribed in such clause shall be provided only liability of the plan. in subparagraph (B) of subsection (c)(4) and in- without regard to the different rules applicable ‘‘(B) APPLICABLE PERCENTAGE.—For purposes serting ‘‘waiver under this subsection or an ex- to CSEC plans.’’. of this subparagraph, the applicable percentage tension under 433(d)’’, (2) MODEL NOTICE.—The Secretary of Labor shall be determined as follows: (vi) by striking ‘‘waiver or modification’’ in may modify the model notice required to be pub- subclause (I) of subsection (c)(4)(B)(i) and in- lished under section 501(c) of the Pension Pro- ‘‘If the years of participa- The applicable percent- serting ‘‘waiver, modification, or extension’’, tection Act of 2006 to include the information tion are: age is: (vii) by striking ‘‘waivers’’ in the heading of described in section 101(f)(2)(E) of the Employee subsection (c)(4)(C) and of clause (ii) of sub- Retirement Income Security Act of 1974, as 1 ...... 20 section (c)(4)(C) and inserting ‘‘waivers or ex- 2 ...... 40 added by this subsection. 3 ...... 60 tensions’’, (b) NOTICE OF FAILURE TO MEET MINIMUM 4 ...... 80 (viii) by striking ‘‘section 431(d)’’ in subpara- FUNDING STANDARDS.— 5 or more ...... 100. graph (A) of subsection (c)(7) and in paragraph (1) PENDING WAIVERS.—Paragraph (2) of sec- (2) of subsection (d) and inserting ‘‘section ‘‘(C) PARTICIPANTS TO WHOM PARAGRAPH AP- tion 101(d) of the Employee Retirement Income 431(d) or section 433(d)’’, Security Act of 1974 (29 U.S.C. 1021(d)) is PLIES.—This subparagraph shall apply to any (ix) by striking ‘‘and’’ at the end of subclause participant who, at the time of becoming a par- amended by striking ‘‘303’’ and inserting ‘‘303 or (I) of subsection (c)(4)(C)(i) and inserting ‘‘or 306’’. ticipant— the accumulated funding deficiency under sec- ‘‘(i) has not accrued any other benefit under (2) DEFINITIONS.—Paragraph (3) of section tion 433, whichever is applicable,’’, 101(d) of the Employee Retirement Income Secu- any defined benefit plan (whether or not termi- (x) by striking ‘‘430(e)(2),’’ in subclause (II) of rity Act of 1974 (21 U.S.C. 1021(d)) is amended nated) maintained by the employer or a member subsection (c)(4)(C)(i) and inserting ‘‘430(e)(2) or by striking ‘‘303(j)’’ and inserting ‘‘303(j) or of the same controlled group of which the em- 433(b)(2)(C), whichever is applicable, and’’, ployer is a member, (xi) by adding immediately after subclause (II) 306(f), whichever is applicable’’. ‘‘(ii) who first becomes a participant under of subsection (c)(4)(C)(i) the following new sub- (c) ADDITIONAL REPORTING REQUIREMENTS.— the plan in a plan year beginning after Decem- clause: Section 103 of the Employee Retirement Income ber 31, 1987, and ‘‘(III) the total amounts not paid by reason of Security Act of 1974 (29 U.S.C. 1023) is amended ‘‘(iii) has years of service greater than the an extension in effect under section 433(d),’’, by adding at the end the following new sub- minimum years of service necessary for eligi- and section: bility to participate in the plan. (xii) by striking ‘‘for waivers of’’ in clause (ii) ‘‘(g) ADDITIONAL INFORMATION WITH RESPECT ‘‘(D) ELECTION.—An employer may elect not of subsection (c)(4)(C) and inserting ‘‘for waiv- TO CSEC PLANS.—With respect to any CSEC to have this subparagraph apply. Such an elec- ers or extensions with respect to’’. plan, an annual report under this section for a tion, once made, may be revoked only with the (3) BENEFIT RESTRICTIONS.— plan year shall include a list of participating consent of the Secretary. (A) IN GENERAL.—Paragraph (29) of section employers and a good faith estimate of the per- ‘‘(i) FUNDED CURRENT LIABILITY PERCENT- 401(a) of the Internal Revenue Code of 1986 is centage of total contributions made by such par- AGE.—For purposes of this section, the term amended by striking ‘‘multiemployer plan’’ and ticipating employers during the plan year.’’. ‘funded current liability percentage’ means, inserting ‘‘multiemployer plan or a CSEC plan’’. SEC. 6. ELECTIONS. with respect to any plan year, the percentage (B) CONFORMING CHANGE.—Subsection (a) of (a) ELECTION NOT TO BE TREATED AS A CSEC which— section 436 of the Internal Revenue Code of 1986 PLAN.— ‘‘(1) the value of the plan’s assets determined is amended by striking ‘‘single-employer plan’’ (1) AMENDMENT TO ERISA.—Subsection (f) of under subsection (c)(2), is of and inserting ‘‘single-employer plan (other than section 210 of the Employee Retirement Income ‘‘(2) the current liability under the plan. a CSEC plan)’’. Security Act of 1974, as added by section 3, is ‘‘(j) TRANSITION.—The Secretary may pre- (C) EFFECTIVE DATE.—Any restriction under amended by adding at the end the following scribe such rules as are necessary or appropriate sections 401(a)(29) and 436 of the Internal Rev- new paragraph: with respect to the transition of a CSEC plan enue Code of 1986 that is in effect with respect ‘‘(3) ELECTION.— from the application of section 430 to the appli- to a CSEC plan as of the last day of the last ‘‘(A) IN GENERAL.—If a plan falls within the cation of this section.’’. plan year beginning before January 1, 2014, definition of a CSEC plan under this subsection (2) SEPARATE RULES FOR CSEC PLANS.— shall cease to apply as of the first day of the fol- (without regard to this paragraph), such plan (A) IN GENERAL.—Paragraph (2) of section lowing plan year. 412(a) of the Internal Revenue Code of 1986 is shall be a CSEC plan unless the plan sponsor (4) BENEFIT INCREASES.—Subparagraph (C) of elects not later than the close of the first plan amended by striking ‘‘and’’ at the end of sub- section 401(a)(33) of the Internal Revenue Code paragraph (B), by striking the period at the end year of the plan beginning after December 31, of 1986 is amended by striking ‘‘multiemployer 2013, not to be treated as a CSEC plan. An elec- of subparagraph (C) and inserting ‘‘, and’’, and plans’’ and inserting ‘‘multiemployer plans or by inserting at the end thereof the following tion under the preceding sentence shall take ef- CSEC plans’’. fect for such plan year and, once made, may be new subparagraph: SEC. 5. TRANSPARENCY. ‘‘(D) in the case of a CSEC plan, the employ- revoked only with the consent of the Secretary (a) NOTICE TO PARTICIPANTS.— of the Treasury. ers make contributions to or under the plan for (1) IN GENERAL.—Paragraph (2) of section ‘‘(B) SPECIAL RULE.—If a plan described in any plan year which, in the aggregate, are suf- 101(f) of the Employee Retirement Income Secu- ficient to ensure that the plan does not have an subparagraph (A) is treated as a CSEC plan, rity Act of 1974 (29 U.S.C. 1021(f)) is amended by section 104 of the Pension Protection Act of accumulated funding deficiency under section adding at the end the following new subpara- 433 as of the end of the plan year.’’. 2006, as amended by the Preservation of Access graph: to Care for Medicare Beneficiaries and Pension (B) CONFORMING AMENDMENTS.—Section 412 of ‘‘(E) EFFECT OF CSEC PLAN RULES ON PLAN Relief Act of 2010, shall cease to apply to such the Internal Revenue Code of 1986 is amended— FUNDING.— plan as of the first date as of which such plan (i) by striking ‘‘multiemployer plan’’ in para- ‘‘(i) IN GENERAL.—In the case of a CSEC plan, is treated as a CSEC plan.’’. graph (A) of subsection (a)(2), in clause (i) of each notice under paragraph (1) shall include— subsection (c)(1)(B), the first place it appears in ‘‘(I) a statement that different rules apply to (2) AMENDMENT TO THE CODE.—Section 414(y) clause (i) of subsection (c)(1)(A), and the last CSEC plans than apply to single-employer of the Internal Revenue Code of 1986, as added place it appears in paragraph (2) of subsection plans, and by section 3, is amended by adding at the end (d), and inserting ‘‘multiemployer plan or a ‘‘(II) for the first 2 plan years beginning after the following new paragraph: CSEC plan’’, December 31, 2013, a statement that, as a result ‘‘(3) ELECTION.— (ii) by striking ‘‘430(j)’’ in paragraph (1) of of changes in the law made by the Cooperative ‘‘(A) IN GENERAL.—If a plan falls within the subsection (b) and inserting ‘‘430(j) or under and Small Employer Charity Pension Flexibility definition of a CSEC plan under this subsection 433(f)’’, Act, the contributions to the plan may have (without regard to this paragraph), such plan (iii)(I) by striking ‘‘and’’ at the end of clause changed. shall be a CSEC plan unless the plan sponsor (i) of subsection (c)(1)(B), ‘‘(ii) APPLICABLE PLAN YEAR.—For purposes of elects not later than the close of the first plan (II) by striking the period at the end of clause this subparagraph, the term ‘applicable plan year of the plan beginning after December 31, (ii) of subsection (c)(1)(B) and inserting ‘‘, year’ means any plan year beginning after De- 2013, not to be treated as a CSEC plan. An elec- and’’, and cember 31, 2013, for which— tion under the preceding sentence shall take ef- (III) by inserting the following new clause ‘‘(I) the plan has a funding shortfall (as de- fect for such plan year and, once made, may be after clause (ii) of subsection (c)(1)(B): fined in section 303(c)(4)) greater than revoked only with the consent of the Secretary. ‘‘(iii) in the case of a CSEC plan, the funding $1,000,000, and ‘‘(B) SPECIAL RULE.—If a plan described in standard account shall be credited under section ‘‘(II) the plan had 50 or more participants on subparagraph (A) is treated as a CSEC plan, 433(b)(3)(C) with the amount of the waived any day during the preceding plan year. section 104 of the Pension Protection Act of funding deficiency and such amount shall be For purposes of any determination under sub- 2006, as amended by the Preservation of Access amortized as required under section clause (II), the aggregation rule under the last to Care for Medicare Beneficiaries and Pension 433(b)(2)(C).’’, sentence of section 303(g)(2)(B) shall apply. Relief Act of 2010, shall cease to apply to such

VerDate Mar 15 2010 06:02 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00061 Fmt 4624 Sfmt 6333 E:\CR\FM\A28JA6.008 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE S554 CONGRESSIONAL RECORD — SENATE January 28, 2014 plan as of the first date as of which such plan 303(c)(2)(D)(i) of such Act and section of the Employee Retirement Income Security Act is treated as a CSEC plan.’’. 430(c)(2)(D)(iii) of such Code apply with respect of 1974 (29 U.S.C. 1304) shall make itself avail- (b) ELECTION TO CEASE TO BE TREATED AS AN to the shortfall amortization base for the first able to assist CSEC plan sponsors and partici- ELIGIBLE CHARITY PLAN.— plan year beginning after December 31, 2009, pants as part of the duties it performs under the (1) IN GENERAL.—Subsection (d) of section 104 and general supervision of the Board of Directors of the Pension Protection Act of 2006, as added ‘‘(iii) no event had occurred under paragraph under section 4004(b) of such Act (29 U.S.C. by section 202 of the Preservation of Access to (6) or (7) of section 303(c) of such Act or para- 1304(b)). Care for Medicare Beneficiaries and Pension graph (6) or (7) of section 430(c) of such Code SEC. 8. EFFECTIVE DATE. Relief Act of 2010, is amended by— that, as of the first day of the first plan year be- Unless otherwise specified in this Act, the pro- (A) striking ‘‘For purposes of’’ and inserting ginning after December 31, 2013, would have visions of this Act shall apply to years begin- ‘‘(1) IN GENERAL.—For purposes of’’, and modified the shortfall amortization base or the ning after December 31, 2013. (B) adding at the end the following: shortfall amortization installments with respect The amendment (No. 2701) was agreed ‘‘(2) ELECTION NOT TO BE AN ELIGIBLE CHARITY to the first plan year beginning after December to. PLAN.—A plan sponsor may elect for a plan to 31, 2009. cease to be treated as an eligible charity plan ‘‘(F) For purposes of this paragraph, the 12- (The amendment is printed in today’s for plan years beginning after December 31, year amortization base is an amount, deter- RECORD under ‘‘Text of Amendments.’’) 2013. Such election shall be made at such time mined for the first plan year beginning after De- The committee-reported substitute, and in such form and manner as shall be pre- cember 31, 2013, equal to the unamortized prin- as amended, was agreed to. scribed by the Secretary of the Treasury. Any cipal amount of the shortfall amortization base The bill was ordered to be engrossed such election may be revoked only with the con- (as defined in section 303(c)(3) of the Employee for a third reading, was read the third sent of the Secretary of the Treasury. Retirement Income Security Act of 1974 and sec- time, and passed. ‘‘(3) ELECTION TO USE FUNDING OPTIONS AVAIL- tion 430(c)(3) of the Internal Revenue Code of ABLE TO OTHER PLAN SPONSORS.— 1986) that would have applied to the plan for f ‘‘(A) A plan sponsor that makes the election the first plan beginning after December 31, 2010, CATHOLIC SCHOOLS WEEK described in paragraph (2) may elect for a plan if— to apply the rules described in subparagraphs ‘‘(i) the plan had never been an eligible char- Mr. REID. Mr. President, I ask unan- (B), (C), and (D) for plan years beginning after ity plan, imous consent that the HELP Com- December 31, 2013. Such election shall be made ‘‘(ii) the plan sponsor had made the election mittee be discharged from further con- at such time and in such form and manner as described in section 303(c)(2)(D)(i) of the Em- sideration of S. Res. 334. shall be prescribed by the Secretary of the ployee Retirement Income Security Act of 1974 The PRESIDING OFFICER. Without Treasury. Any such election may be revoked and in section 430(c)(2)(D)(i) of the Internal only with the consent of the Secretary of the objection, it is so ordered. Revenue Code of 1986 to have section The clerk will report the resolution Treasury. 303(c)(2)(D)(i) of such Act and section ‘‘(B) Under the rules described in this sub- 430(c)(2)(D)(iii) of such Code apply with respect by title. paragraph, for the first plan year beginning to the shortfall amortization base for the first The legislative clerk read as follows: after December 31, 2013, a plan has— plan year beginning after December 31, 2010, A resolution (S. Res. 334) recognizing the ‘‘(i) an 11-year shortfall amortization base, and goals of Catholic Schools Week and honoring ‘‘(ii) a 12-year shortfall amortization base, ‘‘(iii) no event had occurred under paragraph the valuable contributions of Catholic and (6) or (7) of section 303(c) of such Act or para- schools in the United States. ‘‘(iii) a 7-year shortfall amortization base. graph (6) or (7) of section 430(c) of such Code ‘‘(C) Under the rules described in this sub- There being no objection, the Senate that, as of the first day of the first plan year be- paragraph, section 303(c)(2)(A) and (B) of the proceeded to consider the resolution. ginning after December 31, 2013, would have Employee Retirement Income Security Act of modified the shortfall amortization base or the Mr. REID. Mr. President, I ask unan- 1974, and section 430(c)(2)(A) and (B) of the In- shortfall amortization installments with respect imous consent the resolution be agreed ternal Revenue Code of 1986 shall be applied to the first plan year beginning after December to, the preamble be agreed to, the mo- by— 31, 2010. tions to reconsider be laid upon the ‘‘(i) in the case of an 11-year shortfall amorti- ‘‘(G) For purposes of this paragraph, the 7- table, with no intervening action or de- zation base, substituting ‘11-plan-year period’ year shortfall amortization base is an amount, for ‘7-plan-year period’ wherever such phrase bate. determined for the first plan year beginning appears, and The PRESIDING OFFICER. Without after December 31, 2013, equal to— ‘‘(ii) in the case of a 12-year shortfall amorti- objection, it is so ordered. ‘‘(i) the shortfall amortization base for the zation base, substituting ‘12-plan-year period’ first plan year beginning after December 31, The resolution (S. 334) was agreed to. for ‘7-plan-year period’ wherever such phrase 2013, without regard to this paragraph, minus The preamble was agreed to. appears. (The resolution, with its preamble, is ‘‘(D) Under the rules described in this sub- ‘‘(ii) the sum of the 11-year shortfall amortiza- printed in the RECORD of January 16, paragraph, section 303(c)(7) of the Employee Re- tion base and the 12-year shortfall amortization tirement Income Security Act of 1974, and sec- base.’’. 2014, under ‘‘Submitted Resolutions.’’) EEMED ELECTION.—For purposes of sec- tion 430(c)(7) of the Internal Revenue Code of (c) D f tions 4(b)(2) and 4021(b)(3) of the Employee Re- 1986 shall apply to a plan for which an election tirement Income Security Act of 1974, a plan AUTHORIZING APPOINTMENT OF has been made under subparagraph (A). Such shall be deemed to have made an irrevocable provisions shall apply in the following manner: ESCORT COMMITTEE ‘‘(i) The first plan year beginning after De- election under section 410(d) of the Internal Mr. REID. I ask unanimous consent Revenue Code of 1986 if— cember 31, 2013, shall be treated as an election the Presiding Officer of the Senate be year, and no other plan years shall be so treat- (1) the plan was established before January 1, 2014; authorized to appoint a committee on ed. the part of the Senate to join a like ‘‘(ii) All references in section 303(c)(7) of such (2) the plan falls within the definition of a Act and section 430(c)(7) of such Code to ‘Feb- CSEC plan; committee on the part of the House to ruary 28, 2010’ or ‘March 1, 2010’ shall be treat- (3) the plan sponsor does not make an election escort President Obama into the House ed as references to ‘February 28, 2013’ or ‘March under section 210(f)(3)(A) of the Employee Re- Chamber for the joint session to be 1, 2013’, respectively. tirement Income Security Act of 1974 and section held tonight at 9 p.m. ‘‘(E) For purposes of this paragraph, the 11- 414(y)(3)(A) of the Internal Revenue Code of The PRESIDING OFFICER. Without 1986, as added by this Act; and year amortization base is an amount, deter- objection, it is so ordered. mined for the first plan year beginning after De- (4) the plan, plan sponsor, administrator, or cember 31, 2013, equal to the unamortized prin- fiduciary remits one or more premium payments f cipal amount of the shortfall amortization base for the plan to the Pension Benefit Guaranty ORDERS FOR RECESS AND FOR Corporation for a plan year beginning after De- (as defined in section 303(c)(3) of the Employee WEDNESDAY, JANUARY 29, 2014 Retirement Income Security Act of 1974 and sec- cember 31, 2013. tion 430(c)(3) of the Internal Revenue Code of (d) EFFECTIVE DATE.—The amendments made Mr. REID. I ask unanimous consent 1986) that would have applied to the plan for by this section shall apply as of the date of en- that the Senate recess until 8:25 p.m. the first plan beginning after December 31, 2009, actment of this Act. tonight and, upon reconvening, proceed if— SEC. 7. SPONSOR EDUCATION AND ASSISTANCE. as a body to the Hall of the House of ‘‘(i) the plan had never been an eligible char- (a) DEFINITION.—In this section, the term Representatives for the joint session of ity plan, ‘‘CSEC plan’’ has the meaning given that term Congress provided under the provisions ‘‘(ii) the plan sponsor had made the election in subsection (f)(1) of section 210 of the Em- described in section 303(c)(2)(D)(i) of the Em- ployee Retirement Income Security Act of 1974 of H. Con. Res. 75; and that upon dis- ployee Retirement Income Security Act of 1974 (29 U.S.C. 1060(f)(1)) (as added by this Act). solution of the joint session, the Sen- and in section 430(c)(2)(D)(i) of the Internal (b) EDUCATION.—The Participant and Plan ate adjourn until 10 a.m. on Wednes- Revenue Code of 1986 to have section Sponsor Advocate established under section 4004 day, January 29, 2014; that following

VerDate Mar 15 2010 05:19 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JA6.008 S28JAPT1 rfrederick on DSK6VPTVN1PROD with SENATE January 28, 2014 CONGRESSIONAL RECORD — SENATE S555 the prayer and pledge, the morning UNANIMOUS CONSENT The PRESIDING OFFICER. Is there hour be deemed expired, the Journal of AGREEMENT—S. 1926 objection? proceedings be approved to date, and Mr. REID. I ask unanimous consent The Republican leader. the time for the two leaders be re- that following morning business on Mr. MCCONNELL. Reserving the served for their use later in the day; Wednesday, January 29, all postcloture right to object, and I will not be object- that following any leader remarks, the time be yielded back and the motion to ing, this is a good step in the direction Senate be in a period of morning busi- proceed to S. 1926 be agreed to; that of getting the Senate back to a process ness for 1 hour with Senators per- after the bill is reported, the following under which amendments are allowed mitted to speak for up to 10 minutes amendments be agreed to: Hagan, No. and voted on by both sides. I particu- each and the time equally divided and 2702; Rubio, No. 2704; King, No. 2705; larly thank Senator ISAKSON for his controlled between the two leaders or Blunt, No. 2698; and the amended text hard work on this. their designees, with the majority con- be considered as original text for the Obviously, I do not object. trolling the first half and the Repub- purposes of further amendment; that The PRESIDING OFFICER. Without licans controlling the final half; and the only other amendments in order be objection, it is so ordered. that following morning business, the the following: Reed of Rhode Island, Senate resume consideration of the No. 2703; Coburn, No. 2697; Merkley, No. f motion to proceed to S. 1926, the flood 2709; Heller, No. 2700; Whitehouse, No. insurance bill, postcloture, with the 2706; Toomey, No. 2707—which is a sub- JOINT SESSION OF THE TWO time until noon equally divided and stitute; Gillibrand, No. 2708; that no HOUSES—ADDRESS BY THE controlled between the two leaders or second-degree amendments be in order PRESIDENT OF THE UNITED their designees, and that at noon all to any of these amendments prior to STATES postcloture time be deemed expired. votes in relation to the amendments; The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without that it be in order for Senator TOOMEY ate will proceed to the Hall of the objection, it is so ordered. to modify his amendment with the text House of Representatives to receive a of Rubio No. 2704 and Hagan No. 2702; message from the President of the f that there be 30 minutes of debate United States. PROGRAM equally divided on each amendment or Thereupon, the Senate, preceded by motion to waive a budget point of the Deputy Sergeant at Arms, Drew Mr. REID. The President of the order, if made; that there be up to 1 Willison; the Secretary of the Senate, United States will deliver the State of hour of general debate on the bill Nancy Erickson; and the Vice Presi- the Union Address at 9 p.m. this equally divided between the proponents dent of the United States, JOSEPH R. evening. The Senate will begin gath- and opponents; that amendments in BIDEN, Jr., proceeded to the Hall of the ering in the Senate Chamber at 8:20 this agreement must be offered prior to House of Representatives to hear the p.m., depart from the Senate Chamber 3 p.m. on Wednesday, January 29, that address by the President of the United at 8:30 p.m., and proceed as a body to is tomorrow; that it be in order for States, Barack H. Obama. the House. Senator CRAPO or designee to raise a The address delivered by the Presi- f budget point of order against the bill; dent of the United States to the joint that if such a point of order is raised, session of the two Houses of Congress RECESS Senator MENENDEZ or designee be rec- appears in the proceedings of the House Mr. REID. Mr. President, if there is ognized to move to waive the point of of Representatives in today’s RECORD. no further business to come before the order; that upon the use or yielding Senate, I ask unanimous consent that back of time, the Senate proceed to the f it recess under the previous order. vote on the motion to waive, if made; There being no objection, the Senate, that if the motion to waive is agreed ADJOURNMENT UNTIL 10 A.M. at 4:15 p.m., recessed until 8:25 p.m. and to, the Senate proceed to votes in rela- TOMORROW reassembled when called to order by tion to the amendments in the order At the conclusion of the joint session the Presiding Officer (Mr. DON- listed; that upon disposition of the of the two Houses, and in accordance NELLY). amendments, the bill be read a third with the order previously entered, at The PRESIDING OFFICER. The ma- time and the Senate proceed to vote on 10:27 p.m., the Senate adjourned until jority leader. passage of the bill, as amended. Wednesday, January 29, 2014, at 10 a.m.

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HONORING TRUDI TERRY AND CELEBRATING MR. SCOTT DOWNIE Dona’s life ultimately leads her and her fam- IRENE DICKERMAN FOR THEIR ily back to Texas. They split their time be- SERVICE TO THE HOUSE OF REP- HON. JARED HUFFMAN tween San Antonio and the Poole Ranch in RESENTATIVES OF CALIFORNIA Brazoria, Texas, where they owned and oper- IN THE HOUSE OF REPRESENTATIVES ated shows at various dude ranches. Tuesday, January 28, 2014 Dona touched the lives of many people, in- HON. ELEANOR HOLMES NORTON cluding close friends and famous Hollywood Mr. HUFFMAN. Mr. Speaker, it is my pleas- actors. James Drury, who is best known for OF THE DISTRICT OF COLUMBIA ure to recognize Mr. Scott Downie on the oc- his role in The Virginian as well as General IN THE HOUSE OF REPRESENTATIVES casion of his retirement from the California Douglas MacArthur and his wife Jean, who ar- Department of Fish and Wildlife. Mr. Downie’s ranged for Dona to attend a coalition at West Tuesday, January 28, 2014 long commitment to the conservation of fish- Point, just to name a few. eries and watersheds of the North Coast has Ms. NORTON. Mr. Speaker, I rise today to Dona is survived by her husband Tommy, improved the environment for all Californians. (Thomas) Worrell; Son, Todd Worrell and honor two Clerk of the House employees, Mr. Downie’s service to the North Coast in- Trudi Terry and Irene Dickerman, for their spouse, Marty Worrell and children from a pre- cludes 14 years as a commercial fisherman, vious marriage, Daniel Lane Worrell, Dylan years of service to the House of Representa- 10 years as a habitat restoration coordinator tives. Both Trudi and Irene will be retiring after Thomas Worrell and Bethany Kirsten Worrell; for the Pacific Coast Federation of Fisher- Daughter, Heather Worrell and her partner, working in the Clerk of the House’s organiza- men’s Associations, and 23 years as a fish tion for more than 15 years. Kellye McKinna and their children, Thelen habitat supervisor and senior environmental Lane McKinna-Worrell and Ella Kathryn Trudi was born in Amarillo, Texas and re- scientist with Fish and Wildlife. Mr. Downie is McKinna-Worrell; and daughter Sunni Worrell ceived a Bachelor of Arts and Science in Sec- also a co-founder of the AmeriCorps Water- Duncan, her spouse, Daniel Duncan their chil- ondary Education with certification in English, shed Stewards Project and of the Eel River dren from a previous marriage, Austin Thomas Speech, and Physical Education from West Watershed Improvement Group. Soward, Hunter Brian Soward, and Courtland Texas State University. After college, Trudi be- Mr. Downie’s vast experience and under- Shea Duncan. came a Certified Reporter Instructor standing of fisheries has helped preserve She is preceded in death by her parents, Northern California’s vital salmonid popu- (CRI) and Certified Program Evaluator grandparents, and brother. Dona was a strong lations and has inspired many others dedi- (CPE) from the National Court Reporters As- Texan, deeply devoted to her husband and cated to this cause. His accomplishments and sociation (NCRA). As a CPE, Trudi was a family, she will be greatly missed. leadership will undoubtedly leave a legacy for member of the national evaluating team f many years to come. tasked with traveling to schools nationwide Please join me in expressing deep apprecia- BRINGING ATTENTION TO ERADI- and determining if those schools met the cer- tion to Mr. Scott Downie for his long and im- CATING THE BULLYING EPI- tification requirements of the NCRA. In 1999, pressive career, and his exceptional record of DEMIC Trudi was hired as a Scopist in the Office of service. the Official Reporters, a division within the Clerk of the House’s organization. As a f HON. MICHAEL M. HONDA Scopist, Trudi edited the official transcript, first IN MEMORY OF DONA BARBOUR OF CALIFORNIA for House committees and then proceedings WORRELL IN THE HOUSE OF REPRESENTATIVES of the House floor for the Congressional Tuesday, January 28, 2014 Record. In 2001, Trudi moved into a new role HON. RANDY K. WEBER, SR. Mr. HONDA. Mr. Speaker, I rise today as within the Clerk’s organization and assumed OF TEXAS the Founder and Chairman of the Congres- the position as the Assistant Chief Clerk of IN THE HOUSE OF REPRESENTATIVES Debates. sional Anti-Bullying Caucus to bring attention Tuesday, January 28, 2014 to the Be a STAR (Show Tolerance and Re- In 2004, Trudi became the Chief Clerk of Mr. WEBER of Texas. Mr. Speaker, today I spect) Alliance, an anti-bullying initiative co- Debates and will hold this position until her re- rise to remember a fellow Texan, Dona founded in 2011 by The Creative Coalition and tirement on February 3, 2014. During her ten- Barbour Worrell of Brazoria and Spring Branch WWE to encourage young people to treat ure, Trudi developed a reputation of having a who passed away Saturday, January 11 2014. each other with tolerance and respect through strong work ethic and steadfast dedication to Dona was the daughter of Susan Louise education and grassroots initiatives. WWE and the institution of the House of Representa- Poole and Dr. Joel Lane Barbour of Bay City, The Creative Coalition leverage the power of tives. She will be missed by Members of Con- Texas. She was the youngest of two children. The Creative Coalition’s entertainment industry gress, House staff, and her department col- She was also the granddaughter of Thomas constituencies and WWE’s global brand and leagues. Jefferson Poole, the president of the Bay City platforms to help combat the bullying epidemic Irene Dickerman was born in Los Angeles, Bank and Trust from 1909–1929. plaguing today’s youth. This month, for the California and received a Bachelor of Arts and Mr. Poole owned a 5,000 acre ranch in first time ever, Be a STAR awarded five grants Science in English Literature from California Matagorda County, where Barbour spent a lot totaling $125,000 to outstanding non-profit State University in Northridge, California. After of her childhood. In 1929 Poole formed a part- public charities that develop and implement college, Irene also became a CPI from the nership with Allen Ranch, creating the Allen- anti-bullying programs. NCRA. In 1999, Irene was hired as a Scopist Poole Cattle Co. They shipped cattle by rail to The five grantees of the inaugural Be a in the Office of the Official Reporters. As a Oklahoma and Kansas, and at its height, the STAR grant program are: Scopist, Irene edited the official transcript, first Allen-Poole Cattle Co. shipped more cattle The Armory Foundation, New York, NY: The for House committees and then proceedings than any other ranch in Texas except for the Armory Foundation, a NYC non-profit, services of the House floor for the Congressional King Ranch. The Poole Ranch was very much more than 125,000 athletes and is home to Record. In 2006, Irene became the Chief Edi- a part of her life and an integral part of her the premier indoor track and field center in the tor and will be in this position until her retire- family. United States. The Be a STAR grant will help ment on February 3, 2014. Irene was well re- Dona attended Trinity University, where she fund the Armory College Prep’s Fair Play Pro- spected as an individual who possessed deep met her husband, Thomas Alfred Worrell. The gram, which reaches more than 300 students institutional knowledge and maintained a two were married in 1960. Shortly after their in public high schools in New York City, New strong level of accuracy in her capacity within marriage, Tommy took a part in the movie, Jersey and Westchester. The grant will also the Clerk of the House’s organization. ‘‘The Alamo,’’ starring John Wayne. provide training for The Armory Foundation’s

∑ 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 02:38 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JA8.001 E28JAPT1 jbell on DSK6SPTVN1PROD with REMARKS E124 CONGRESSIONAL RECORD — Extensions of Remarks January 28, 2014 staff, who will ensure that Be a STAR’s lesson INTERNATIONAL HUMAN TRAF- ranked at the lowest Tier by the annual U.S. plans are integrated effectively into the pro- FICKING AT MAJOR SPORTING State Department’s Trafficking in Persons Re- gram’s workshops. EVENTS INCLUDING THE 2014 port—will host the winter Olympic Games. Blue Star Families, Inc., Falls Church, VA: SUPER BOWL Since Russia does not have in place any for- Blue Star serves more than 10,000 military mal national procedures to guide law enforce- families in 70 locations around the world by HON. CHRISTOPHER H. SMITH ment in the identification of sex trafficking vic- supporting, connecting and empowering fami- OF NEW JERSEY tims and does not fund trafficking victim care, lies through chapter-based programs. The Be IN THE HOUSE OF REPRESENTATIVES I am very concerned that the 2014 Winter a STAR grant will help fund MilKidz Clubs, Olympics may turn out to be a trafficking which connects military kids—regardless of Tuesday, January 28, 2014 nightmare. rank, branch of service or military installa- Mr. SMITH of New Jersey. Mr. Speaker, a Later this year, Brazil will host the 2014 tion—and provides them the resources, men- hearing that I held yesterday focused on the World Cup and then the 2016 Summer Olym- toring and opportunity to become the next preparations for the upcoming Super Bowl to pics. Although Brazil has improved their anti- wave of leaders in their communities. Approxi- prevent human trafficking and strategies em- trafficking laws and is taking steps to mitigate mately 1.5 million military children are enrolled ployed by airlines, busses, trains, and hotels trafficking risks, the fact remains that Brazil in United States schools with the average mili- designed to mitigate human trafficking. will have to do much more if they want to pro- tary family moving about every two years. As In less than a week, New Jersey will be tect their children from sex tourism. Numbers a result, approximately 750,000 children of hosting the Super Bowl, and along with wel- from Brazil’s Federal Police indicate that be- military families are the ‘‘new kid’’ each year in coming enthusiastic fans, the state also is pre- tween 250,000 and 400,000 children are forc- their school. In order to help these children, paring for a likely influx of both domestic and ibly prostituted. MilKidz will integrate Be a STAR resources international traffickers. Worldwide, the best estimates are that into its after-school activities and incorporate Sadly, but almost certainly, they will bring 600,000 to 800,000 trafficking victims are Be a STAR’s nine lesson plans, including with them sexually exploited trafficking vic- moved across international borders every Courage, Responsibility, Dignity, Friendship, tims—many of them from abroad—in an at- year. Millions more victims are moved within Advocacy, Resiliency, Empathy, Identity and tempt to cash in on the Super Bowl crowds. national borders. But anti-trafficking efforts Morality into its monthly meetings. We know from the past that any large sporting have only recently turned to equipping trans- Do Something, New York, NY: Do Some- event—especially the Super Bowl—acts as a portation employees to identify victims in tran- thing is one of the largest non-profit organiza- sex trafficking magnet. The National Center for sit. The training is easy, inexpensive, and is tions in the United States that creates opportu- Missing and Exploited Children reports that already saving lives. nities for young people to participate in causes more than 10,000 exploited women and girls In July of 2010, I chaired a conference in that combat bullying, animal cruelty, home- were trafficked to Miami for the Super Bowl in Washington, DC, to bring together the relevant lessness and cancer. The Be a STAR grant 2010. U.S. agencies, such as the Customs and Bor- will be used to help fund Do Something’s This must not happen again. New Jersey der Patrol, various U.S. airlines, and non-gov- ‘‘Bully Text’’ mobile platform. ‘‘Bully Text’’ is a Governor Chris Christie has put in place a ro- ernmental organizations to focus on inter- digital experience where kids encounter dif- bust anti-human trafficking plan. For example, dicting traffickers by training commercial trans- ferent bullying scenarios and learn how to re- his Department of Homeland Security and portation employees to recognize the indica- spond in various ways. According to Do Preparedness has stepped-up efforts to com- tors for trafficking. Speakers, including Debo- Something’s 2012 ‘‘The Bully Report’’, cyber bat trafficking at the Super Bowl, distributing rah Sigmund, founder of a non-government or- bullying is the most pervasive type of bullying flyers to emergency medical services, fire de- ganization called Innocents at Risk, explained with 70 percent of students reporting frequent partment, law enforcement, and other emer- how flight attendants were the ‘‘first line of de- bullying online and 35 percent reporting bul- gency care professions so that these front line fense’’ in the fight against human trafficking. lying through texting. Flight attendants are in the unique position professionals will know when to be concerned East LA Boys & Girls Club (BGCELA), Los to observe a potential trafficking in progress that someone is a trafficking victim and how to Angeles, CA: The mission of BGCELA is to and then call a trafficking hotline or inform the enable all young people and their families to respond appropriately. The transportation and pilot to radio ahead so that the proper authori- realize their full potential as productive, hospitality training concept has proven ties can intervene. healthy, caring and responsible individuals straightforward, effective—and it is catching Former flight attendant Nancy Rivard, Presi- through life-enhancing programs. The Be a on. dent of Airline Ambassadors International and STAR grant will support and fund parent work- On her way to yet another assembly and one of today’s witnesses, told us how she and shops and training taught by local anti-bullying community awareness conference at St. Eliza- other flight attendants compared notes one experts during National Bullying Prevention beth’s College in Morristown, NJ Assistant At- day and were shocked and dismayed at how Month. Videos from the Be a STAR resource torney General Tracy Thompson, who is often they had noticed what they suspected guide will be shown and discussed using the spearheading the Christie administration’s was a trafficked woman or child on their flight, Be a STAR Student Activity Sheets and stu- anti-human trafficking effort, told me that they but had no training or protocol to do some- dents will be taught Be a STAR’s nine lesson have trained 10,000 people, including a train- thing about it. Nancy has been doing a great plans. the-trainer initiative. She noted that the Super deal about it ever since, training airline em- National Voices for Equality, Education and Bowl creates an increased ‘‘breeding ground’’ ployees around the United States and world. Enlightenment (NVEEE), Fort Lauderdale, FL: for sex trafficking. Last year I joined Ms. Rivard at a training NVEEE is a community-based non-profit She said, ‘‘Today’s victims can be any race, seminar in Kiev, Ukraine. whose mission is to prevent bullying, violence age or gender. Victims are exploited for pros- One of the earliest successes of the pro- and suicide among youth, families and com- titution, pornography and forced labor. gram was a call Ms. Rivard placed to the U.S. munities through direct service, mentoring and Traffickers control victims through force and Department of Homeland Security regarding a prevention education. The Be a STAR grant fraud utilizing physical and psychological child she had observed on her flight from the will fund the Peace Ambassadors program, abuse, threats and isolation. Dominican Republic to Boston. That tip led to which serves approximately 7,000 students in Know it. See it. Report it.’’ the break-up of a trafficking ring that had Ft. Lauderdale who will participate in tailored According to Texas Attorney General Greg transported more than 80 children to the workshops that have integrated Be a STAR Abbott, the Super Bowl can be described as United States. resources and training. The Peace Ambas- ‘‘the single largest human trafficking incident in Just this year, the U.S. Department of sador program is a leadership program com- the United States.’’ Capt. Doug Cain, Lou- Homeland Security (DHS) released a similar prised of students who serve as advocates isiana State Police spokesman, said after the training initiative, the Blue Lightning program, and leaders to prevent bullying, suicide and vi- 2013 Super Bowl in New Orleans, ‘‘Any time to domestic U.S. airlines—so far, Delta, olence in their schools and communities. Addi- you have a large influx of tourists in town and JetBlue, Allegiant, and North American Airlines tionally, through the support of the Be a STAR they’re spending a lot of money, there’s a are on board. With minimal modifications, the grant, NVEEE will provide parents and stu- criminal element that moves in to take advan- training is also easily adaptable to bus drivers, dents with information and resources from Be tage of that.’’ station operators, train conductors, trucking a STAR alliance members. Greece, which hosted the Olympics in 2004, associations, and other transportation industry On behalf of the Congressional Anti-Bullying saw a 95% increase in trafficking victims in professionals. Caucus, I congratulate The Creative Coalition, the months leading up to and including the The New Jersey Human Trafficking Task WWE, Be a STAR, and the grant winners. Olympics. Next month, Russia—a country Force, which was originally started with seed

VerDate Mar 15 2010 02:38 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K28JA8.004 E28JAPT1 jbell on DSK6SPTVN1PROD with REMARKS January 28, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E125 money from a law I authored—the Trafficking ence. In the middle of the night and into Janu- In 1951, Ben graduated from the University of Victim’s Protection Act of 2000—is working ary 20, some 26,000 Soviet troops moved into Notre Dame with a Bachelor of Science de- overtime to mitigate sex trafficking and has re- Baku brutalizing and randomly killing the civil- gree and was commissioned as a Second leased anti-trafficking brochures to bus and ian population as they proceeded. Over one Lieutenant in the Marine Corps. He continued train employees in New Jersey, as well as hundred Azeris were killed and up to 800 were his professional education and earned a Mas- reached out to another major industry on the injured. This brutality, far from crushing the ter of Arts degree from the George Wash- front lines of spotting traffickers and victims: Azerbaijani spirit, steeled their resolve and on ington University in 1963 and graduated from the hotels. October 18, 1991, the Azerbaijan Parliament the Naval War College in 1970. General Blaz We had with us yesterday the NGO End declared the country’s independence, which it was bestowed an honorary Doctors of Laws Child Prostitution and Trafficking, or ECPAT– retains today. from the University of Guam in 1974; in 1988 USA, which has been conducting hotel training Azerbaijan had always shown a special de- he was recognized as a distinguished alumnus on behalf of the task force in the lead-up to sire to be independent. With the fall of the of the University of Notre Dame, where he the Super Bowl. Hyatt, Hilton, Wyndham, Carl- Russian Empire in 1918, Azerbaijan declared was conferred the Rev. William Corby Award son, and Accor hotels have been establishing its independence and granted voting rights for for his notable military service. a new industry standard to ensure that their women, a full year before American women As an officer in the U.S. Marine Corps, Brig- properties are not used for human trafficking. were enfranchised. Today, Azerbaijan is the adier General Blaz served our nation with In addition to reaching out to transportation only former Russian Republic which does not honor and distinction. He served three over- employees and hotels, the New Jersey Human have foreign troops stationed on its soil. seas tours in Vietnam; Okinawa, Japan; and Trafficking Task Force has increased print and I ask my colleagues to join me in recog- Osaka, Japan. He was appointed as the Com- electronic public service announcements and nizing the events of ‘‘Black January’’ and the manding Officer of the 9th Marines, and had training programs for law enforcement officials, Azeri determination that led to the inde- the honor of commanding one of the Marine health care workers, lawyers, and others on pendent Republic of Azerbaijan we know Corps regiments which liberated Guam during the front lines of potential interactions with today. World War II. In 1977, Ben was promoted to trafficking victims. f Brigadier General, becoming the first In December, the Organization for Security Chamorro to attain flag officer rank. He retired and Cooperation in Europe OSCE, which com- HONORING THE LIFE AND SERVICE in 1980 after 30 years of distinguished service prises 57 countries from Europe and North OF CONGRESSMAN VICENTE in the Marine Corps. During his service, his America, endorsed my plan to make anti-traf- ‘‘BEN’’ GARRIDO BLAZ awards and decorations included the Legion of ficking training for airline employees, other Merit (twice awarded); Bronze Star (with Com- public and commercial carriers, as well as HON. MADELEINE Z. BORDALLO bat V); Navy Commendation Medal (twice hotel employees, a primary goal in the inter- OF GUAM awarded); Combat Action Ribbon; and Viet- national strategy to combat human trafficking. IN THE HOUSE OF REPRESENTATIVES nam Cross of Gallantry (Gold Star). Following his military retirement, General In an earlier session, the OSCE Parliamentary Tuesday, January 28, 2014 Assembly adopted my resolution to implement Blaz ran unsuccessfully for Congress in 1982. such training in each member country. Ms. BORDALLO. Mr. Speaker, I rise today He was successful in 1984 when he was Any country that competes to host a major to honor the life and service of my good elected to the 99th Congress, and he served sporting event must be fully aware of the friend, the late Vicente ‘‘Ben’’ Tomas Garrido in the House of Representatives for four terms human trafficking vulnerabilities associated Blaz, a retired Brigadier General in the United from 1985 to 1993. At the start of his first with such events and the best practices for States Marine Corps and former Member of term, Congressman Blaz was elected by his protecting and rescuing the victims. In fact, the Congress who represented the people of peers to serve as the president of his fresh- International Olympic Committee and the Guam. Congressman Blaz was a hero and man class. Congressman Blaz worked to im- Fe´de´ration Internationale de Football Associa- leader who inspired generations on Guam. He prove the relationship between the federal tion, or FIFA, should take into consideration a passed away on January 8, 2014 at the age government and Guam. As a member of the country’s anti-trafficking commitment and abil- of 85. Armed Services, Natural Resources, and For- ity when awarding games. Standard anti-traf- Congressman Blaz was born on February eign Affairs Committees, he worked to ad- ficking measures should be included along 14, 1928 to Vicente Cruz Blaz and Rita dress Guam’s issues, national security issues with the required security measures and sta- Garrido Blaz from the village of Ordot, Guam, and Asia-Pacific issues. He promoted improv- dium specifications. and he was the third of eight children. He mar- ing Guam’s political status, advocated for war Finally, the only standard that fits the crime ried his late wife, Ann Evers Blaz, in 1953, reparations for Guam, worked to improve edu- of human trafficking—zero tolerance—must be and they had two sons, Thomas and Michael cation and health programs, and sought the rigorously and faithfully enforced by arrests of and five grandchildren. Congressman Blaz return of excess federal lands to the people of those engaged in this nefarious trade—mod- was predeceased by his wife and parents, and Guam. ern-day slavery. And there can be no higher his siblings and in-laws: Rosario and Pedro Ben never truly retired from public service, priority than the liberation and protection of the Cruz, Maria Blaz, Emilia and Alfred Rios, and after he left Congress, he became victims. Combating human trafficking must be Brigida Blaz, and Alfred Blaz. He is survived Guam’s senior statesman. He was an invalu- continuously prioritized at all levels of govern- by his sons, Tom and Mike, and their able mentor to Congressman Robert Under- ment, the faith community, civil society and spouses, Shelane and Barbara; his five grand- wood and myself, and I would often look to corporations, including the National Football children; and his siblings and in-laws: Joaquin him for counsel and support on issues impor- League. All of us must do our part to protect Blaz, Patricia and Jose Borja, and Frank and tant to Guam. During his time in Congress, the women and girls. Julie Blaz. Congressman Blaz often remarked of the terri- On December 8, 1941, Ben was 13 when f tories, ‘‘We are equal in war but not in peace,’’ Guam was invaded by enemy forces during recognizing the inequality between U.S. citi- IN REMEMBRANCE OF BLACK World War II. He endured the hardships of the zens residing in the territories and those living JANUARY 32 months of enemy occupation, and was in the 50 states. During my time in Congress, among those conscripted into forced labor. As I too have recognized the sentiment behind HON. ED PASTOR a survivor of the occupation, General Blaz had this profound statement, and I kept a plaque OF ARIZONA a strong sense of patriotism and duty to our of Ben’s quote on my desk when I first took IN THE HOUSE OF REPRESENTATIVES country. He never forgot these experiences office. Congressman Blaz was also a strong and they helped to inspire him to serve in the supporter of the events held in Washington to Tuesday, January 28, 2014 U.S. Marine Corps and to continue a life of commemorate the Liberation of Guam. He Mr. PASTOR of Arizona. Mr. Speaker, I rise service as a Congressman. faithfully attended the wreath laying cere- today to express my condolences to the peo- After the war, Ben graduated from George monies at Arlington National Cemetery and ple of Azerbaijan who, on January 20, remem- Washington High School and was awarded an the receptions on Capitol Hill that are held ber ‘‘Black January.’’ academic scholarship to attend the University every year. On January 19, 1990, the Soviet Union de- of Notre Dame in South Bend, Indiana. Ben Throughout his life, Ben worked to promote clared a ‘‘State of Emergency’’ in Baku and was a patriot, and when war broke out in and preserve the Chamorro culture, language, other parts of Azerbaijan, in an attempt to sup- Korea, he joined the U.S. Marine Corps Re- and history. He produced two television series press further movements towards independ- serve and attended Officer Candidate School. Nihi Ta Bisita (Let Us Visit) which centered on

VerDate Mar 15 2010 02:38 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K28JA8.007 E28JAPT1 jbell on DSK6SPTVN1PROD with REMARKS E126 CONGRESSIONAL RECORD — Extensions of Remarks January 28, 2014 Guam’s culture, language, and history, and creasing to 65.7 million in 2030 and 115.4 mil- CELEBRATING MR. GARY FLOSI Nihi Ta Hasso (Let Us Remember) which cen- lion in 2050. tered on the occupation and liberation of The global cost of this condition totaled HON. JARED HUFFMAN Guam during World War II, and was later pub- $604 billion in 2010, according to the Alz- OF CALIFORNIA lished as a book. He is also the author of heimer’s Disease International. To put this fig- IN THE HOUSE OF REPRESENTATIVES Bisita Guam: A Special Place in the Sun, ure in context, Alzheimer’s cost would equal which is an important resource in Guam’s the Gross Domestic Product of the 18th-place Tuesday, January 28, 2014 schools. country in the world ranked by GDP. Mr. HUFFMAN. Mr. Speaker, it is my pleas- I join the people of Guam in honoring the While the other G8 countries may pledge ure to recognize Mr. Gary Flosi on his recent memory of Congressman Ben Blaz and com- funding to address Alzheimer’s and other retirement from the California Department of memorating his many contributions to our is- forms of dementia in the developing world, we Fish and Wildlife. Mr. Flosi’s dedication to the land and our nation. I extend my sincere con- are facing an impending global health crisis North Coast’s fisheries and watersheds has dolences to the entire Blaz family. While Gen- over Alzheimer’s and other forms of dementia. been a tremendous service to the state. eral Blaz is no longer with us, his legacy of The FY2014 federal budget request for U.S.- Mr. Flosi began his career as a wildland selfless service and patriotism inspires our funded global health programs was $8.3 bil- firefighter with the California Ecology Corps in young men and women in the military and lion. The focus is on achieving an AIDS-free October 1975, then moved on to work with the throughout our island. generation and ending preventable child and California Conservation Corps. When he f maternal deaths through the Administration’s joined Fish and Wildlife, he helped develop Global Health Initiative. Under this budget, the fisheries technician program with the CCC A REPORT ON THE G8 DEMENTIA and led the state’s peer review committee for SUMMIT maternal and child health would receive $680 million, malaria program would receive $670 Fish and Wildlife’s Fisheries Restoration million, tuberculosis programs would receive Grants Program. Mr. Flosi co-founded the HON. CHRISTOPHER H. SMITH $191 million, neglected tropical disease pro- AmeriCorps Watershed Stewards Project and OF NEW JERSEY grams would receive $85 million and pan- has served on its Advisory Committee for 20 IN THE HOUSE OF REPRESENTATIVES demic influenza and other emerging threats years. Tuesday, January 28, 2014 programs would receive $47 million. Through 4–H and FFA, the CCC and WHO estimates that more than half of glob- AmeriCorps, Mr. Flosi has passed on his un- Mr. SMITH of New Jersey. Mr. Speaker, on derstanding of the importance of fisheries to December 11, the G8 convened a dementia al dementia cases are in low- and middle-in- come countries (LMIC) where cases are pro- many who follow in his footsteps. His example summit in London to examine and presumably will continue to inspire those who wish to re- harmonize the various national action plans on jected to grow. Across Asia, Latin America and Africa, these developing countries are ex- store the environment and fisheries that are so the growing international crisis of Alzheimer’s vital to California. and other forms of dementia. The outcome ap- pected to see the most rapid growth in de- mentia cases over the next several decades. Please join me in expressing deep apprecia- pears to indicate a coalescing around the U.S. tion to Mr. Gary Flosi for his long and impres- plan to make significant headway on address- In 2010, roughly 53% of dementia cases were in low- and middle-income countries. By 2050, sive career, and his exceptional record of ing dementia by 2025, which would have sig- service. nificant implications globally, particularly in low WHO expects 70% of all cases to be found in f and middle-income countries where increasing such countries. So how will this impact our for- aging populations and numbers of people with eign aid portfolio, especially as regards global PERSONAL EXPLANATION dementia strain limited resources. health? On January 4, 2011, President Obama We need to better understand the level of HON. ROBERT E. ANDREWS signed into law the National Alzheimer’s international cooperation our government can OF NEW JERSEY Project Act (NAPA), requiring the Secretary of expect in the search for early detection tech- IN THE HOUSE OF REPRESENTATIVES the U.S. Department of Health and Human niques, prevention and treatment of Alz- Services (HHS) to establish the National Alz- heimer’s and other forms of dementia. There Tuesday, January 28, 2014 heimer’s Project. Among other provisions of has been collaboration among scientists Mr. ANDREWS. Mr. Speaker, on Rollcall that law, the administration was mandated to: across borders on HIV/AIDS, but how much #25 for H.R. 3008, I am not recorded because create and maintain an integrated national can we expect on the various forms of demen- I was absent. Had I been present, I would plan to overcome Alzheimer’s disease; coordi- tia? Many countries in the developing world have voted ‘‘yea.’’ don’t even have surveillance adequate to pro- nate Alzheimer’s disease research and serv- f ices across all federal agencies; accelerate vide reliable statistics on the incidence of Alz- the development of treatments that would pre- heimer’s and other forms of dementia. Given ON THE OCCASION OF THE ONE vent, halt, or reverse the course of Alzheimer’s the negative impact of the brain drain, they HUNDRED AND SIXTH disease; improve early diagnosis and coordi- may not be able to be the active, effective ANNIVERSARY OF THE ALPHA nation of care and treatment of Alzheimer’s partners we need them to be in this area. KAPPA ALPHA SORORITY, INC. disease; improve outcomes for ethnic and ra- However, without their help, it will be difficult cial minority populations that are at higher risk to even formulate programs to help such na- HON. GARY C. PETERS tions cope with this growing health threat. for Alzheimer’s disease; and coordinate with OF MICHIGAN These are questions we addressed at a re- international bodies to fight Alzheimer’s glob- IN THE HOUSE OF REPRESENTATIVES ally. cent hearing. The administration was unable That congressionally-mandated plan appar- to participate in my subcommittee’s November Tuesday, January 28, 2014 ently found favor with the G8, which endorsed 21, 2013 hearing on the subject, but we re- Mr. PETERS of Michigan. Mr. Speaker, I that plan as being comprehensive and for- cently had the head of the National Institute rise today to welcome the Metro Detroit and ward-looking. But even before the summit, the on Aging to provide the administration’s view Ann Arbor Chapters of the Alpha Kappa Alpha U.S. national plan on Alzheimer’s led nearly a on what the summit produced. We were also Sorority, Inc. to Michigan’s Fourteenth Con- dozen other nations to adopt their own na- joined by two representatives from the NGO gressional District, as they gather to celebrate tional strategies. community who participated in the London their One-hundred-and-sixth Anniversary. According to the testimony at this sub- summit to give us a private sector view of Founded in 1908, the Alpha Kappa Alpha committee’s November 21, 2013 pre-summit those proceedings. Sorority (AKA) was the product of a small and hearing, this comprehensive approach is vital We will need more than rhetoric to deal with dedicated group of African-American college to meeting what is a looming global health cri- this crisis. As more of us live longer world- students from Howard University who sought sis. wide, the threat of developing Alzheimer’s or to make the college experience as meaningful The World Health Organization and Alz- some other form of dementia grows exponen- as possible for themselves and the genera- heimer’s Disease International 2012 Dementia tially. We cannot afford to have a robust do- tions of young women that followed them. To- Report estimates that there were 35.6 million mestic program to fight this condition and find gether, this group of pioneers created our na- people with dementia, including Alzheimer’s that our international efforts are undermined tion’s first historically African-American sorority disease, worldwide in 2010. This number is by the failure of other donors to play their and set out upon a journey to promote and projected to nearly double every 20 years, in- proper role in this effort. encourage high scholastic achievement,

VerDate Mar 15 2010 02:38 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K28JA8.006 E28JAPT1 jbell on DSK6SPTVN1PROD with REMARKS January 28, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E127 strong ethical standards, improved friendship after 50 years of service to the Catholic Valley, the Children’s Service Center of Wyo- among college women, as well as to identify Church and his community, is retiring. Mon- ming Valley, and the Inter-faith Resource Cen- and develop solutions to issues that prevented signor Banick was ordained by Archbishop ter for Peace and Justice. Monsignor Banick young women from accessing higher edu- Martin J. O’Connor on December 18, 1963, in was Chairperson of the Mayor’s Task Force cation. With the motto of ‘‘Service to All Man- the Church of St. Ignatius in Rome. A day on Alcohol and Drugs in Wilkes-Barre, and kind,’’ the sorority quickly took root in cam- later, he celebrated his First Mass at the Altar was Vice-President of VISION (Volunteers in puses and communities across the United of the Chair in St. Peter’s Basilica in the Vati- Service in Our Neighborhoods) which oper- States. can. In 1964, he was awarded the Degree of ated the shelter for homeless in the Wilkes- In the early years following its inception, the Licentiate in Sacred Theology by the Pontifical Barre area. He also served on the Administra- members of AKA engaged in endeavors that Gregorian University in Rome. Shortly there- tive Board of the Pennsylvania Catholic Con- both assisted with access to and maximizing after, Father Banick returned to the United ference, the National Association of Pastoral of the higher education experience for women States and celebrated a Mass of Thanksgiving Musicians, and the Catholic Theological Soci- of color. By the time AKA celebrated its Twen- at Holy Family Church. ety of America, and the Board of Directors of ty-fifth Anniversary in 1933, the sorority had Monsignor Banick was first assigned to Holy the United Way of Wyoming Valley. He also grown into a national organization with over Ghost Church in Olyphant as an assistant presided over the Board of Directors of the 500 members in 104 chapters from across the pastor, where he took up residence after serv- King’s College/St. Mary’s Early Childhood United States. Among AKA’s first achieve- ing as an interim assistant pastor for the sum- Learning Center, located at St. Mary’s, which ments were the creation of a $2000 scholar- mer of 1964 at St. Mary of Mount Carmel he founded in 1995 with Father James ship to increase the ability of talented young Church in Dunmore. In 1967, he was trans- Lackenmeir, CSC, President of King’s College. women to financially afford college and an en- ferred to Gate of Heaven Parish, where he Recently, Monsignor Banick also became gagement with the NAACP to remove social served as assistant pastor until September pastor of St. Joseph’s Slovak Church and St. barriers that prevented equal access to col- 1969. From then until 1978, Father Banick Therese Church when the reorganization plan lege education. held the position of Professor of Theology, Di- As the decades passed, AKA continued to of the Diocese of Scranton consolidated them rector of Spiritual Life, and Director of Music at expand both its membership and the scope of into St. Mary’s Church to form Our Lady of St. Pius X Seminary in Dalton. During this its community programs. In support of their so- Fatima Parish on June 27, 2011. time, he also served as Lecturer in Religious rority’s mission to make higher education more Today, I am proud to honor Monsignor accessible, the members of AKA took frontline Studies and Theology at the University of Banick for a lifetime of devotion to improving roles in the Civil Rights movement and the Scranton, Lecturer in Liturgical Music at his community, serving the Church he loves President Johnson’s War on Poverty. In addi- Marywood College, Chairperson of the Music through priesthood, and positively touching the tion to its Emerging Young Leader Initiatives, Commission of the Diocese of Scranton, and lives of countless citizens of Northeast Penn- which provides middle school aged girls with Director of Music at St. Peter’s Cathedral. Fa- sylvania. leadership development and enhanced aca- ther Banick engaged in further studies at Ford- f ham University and Woodstock College in demic opportunities, AKA and its members TRIBUTE TO ROBERT E. ‘‘BOB’’ began to tackle issues of community health, New York, the University of San Francisco, MAGEE poverty and environmental justice. To support and the University of St. Thomas Aquinas in healthier communities, AKA started an asthma Rome, where he was awarded a Doctorate in prevention program to help families identify Sacred Theology in 1973. HON. KEN CALVERT and treat childhood asthma before it impacts In 1976, he took up residence at Marywood OF CALIFORNIA the educational experience. In fulfillment of College and was appointed the first Director of IN THE HOUSE OF REPRESENTATIVES the Office for Continuing Education of Priests AKA’s mission, its members undertook the Tuesday, January 28, 2014 creation of programs to empower their com- by Bishop J. Carroll McCormick, the sixth munities with information on the impact of en- Bishop of Scranton. In September 1976, at the Mr. CALVERT. Mr. Speaker, I rise today to vironmental issues affecting them, setup request of the Board of Bishops of the North honor and pay tribute to an individual whose health care forums targeted to women’s issues American College, Bishop McCormick re- dedication and contributions to the community and continue to partner with international lead- leased Father Banick for service to the Col- are exceptional. Lake Elsinore has been fortu- ers like UNESCO to end hunger and poverty lege as Director of the Advising Program and nate to have dynamic and dedicated commu- across the globe. Director of Music. A year later, he was named nity leaders who willingly and unselfishly give Today, the Alpha Kappa Alpha Sorority, Inc. Vice Rector of the College, a position he held their time and talent and make their commu- is a thriving global organization with over until 1985. While in Rome, he was also Assist- nities a better place to live and work. Robert 200,000 members worldwide across hundreds ant Professor of Theology at the Pontifical E. ‘‘Bob’’ Magee is one of these individuals. of chapters and has affected the future of Gregorian University of St. Thomas Aquinas. On January 25, 2014, Bob will be honored as thousands of young women. AKA’s members Before leaving Rome to return to the Diocese, the 2013 ‘‘John Packman Award’’ recipient at have been part of key social movements that he was named a Prelate of Honor by Pope the Lake Elsinore Chamber of Commerce In- have seen our nation and the world move John Paul II, on May 28, 1985. stallation and Awards Gala. closer to equality on all fronts. I thank the After returning to Pennsylvania, Monsignor Each year, the Lake Elsinore Chamber of members of the Metro Detroit and Ann Arbor Banick was appointed to his first pastorate at Commerce awards one individual the John Chapters of the Alpha Kappa Alpha Sorority, St. Mary’s by Bishop James C. Timlin on Sep- Packman Award. This individual is selected Inc. for their tireless dedication and service to tember 4, 1985. Since then, Monsignor Banick based on the criteria that they have given the Greater Detroit region and congratulate them served faithfully as Pastor of St. Mary’s highest level of service to his or her commu- on celebrating another great milestone in their Church of the Immaculate Conception in nity in the past year. After evaluating all that history. I am proud to represent so many Wilkes-Bane for 28 years. Soon after becom- Bob has done for our community, it became strong and talented Alpha Kappa Alpha ing pastor, he established a Pastoral Team to clear how worthy he is of this honor. women and I wish them well in their future en- assist him in the pastoral leadership of the Bob was born and raised in the thriving city deavors as they continue making a remark- large downtown church and in the ongoing of Sacramento, California, to Ed and Lynn able impact on communities around the world. ecclesial renewal inaugurated by the Second Magee as one of four children. Bob went on f Vatican Council. St. Mary’s Parish Center, to graduate high school after his family moved IN RECOGNITION OF MONSIGNOR constructed in 1995 to mark the 150th anni- to the sunny Southern California city of San THOMAS BANICK FOR 50 YEARS versary of St. Mary’s founding, provided much Diego and later attended San Diego State Uni- OF COMMUNITY SERVICE AS A needed space for parish ministries and activi- versity (SDSU), where he earned his degree CATHOLIC PRIEST ties, including a Religious Education (CCD) in Public Administration with an Emphasis in Center, a Music Center and a Reception Hall. City Planning. Bob’s thriving career began During his pastorate, Monsignor Banick when he interned for Assemblyman Larry HON. MATT CARTWRIGHT served on the Presbyterian Council of the Dio- Stirling’s 77th District Office and later with the OF PENNSYLVANIA cese of Scranton. He also held membership in Planning Department of the City of Santee IN THE HOUSE OF REPRESENTATIVES ecumenical, inter-faith, and community groups, during his years at SDSU. Following these ex- Tuesday, January 28, 2014 including the Catholic Youth Center of Wyo- periences, Bob’s passion for public service ig- Mr. CARTWRIGHT. Mr. Speaker, today I ming Valley, the Wyoming Valley Council of nited. His first job out of college led him to fol- rise to honor Monsignor Thomas Banick, who Churches, the Inter-faith Council of Wyoming low this passion to Lake Elsinore, where he

VerDate Mar 15 2010 02:38 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JA8.003 E28JAPT1 jbell on DSK6SPTVN1PROD with REMARKS E128 CONGRESSIONAL RECORD — Extensions of Remarks January 28, 2014 began to work with the city’s Planning Depart- CONGRESSIONAL RECOGNITION Ralph Jensen heads the board of five fire ment on a wide array of things, including re- FOR DEBBIE RICH RECIPIENT OF commissioners. Since its first meeting in the viewing development applications and super- THE 2014 PHYLLIS EHLINGER Manning Barn on February 16, 1914, the fire vising the city’s Code Enforcement Program. WOMEN OF EXCELLENCE AWARD department has grown steadily. Today, the station serves as a second home to the 46 In 1995, Bob became the Director of Gov- men and women who proudly serve the ernmental Affairs for Recyc, Inc, where his ex- HON. RON BARBER OF ARIZONA 10,000 people of their district. perience eventually led him to become the Through the years, the North Thompsonville IN THE HOUSE OF REPRESENTATIVES Vice President of its parent Company, Gro Fire Department has expanded to better meet West. His extensive work and specialization in Tuesday, January 28, 2014 the needs of the community. By 1929, they Mining and Land Development, Heavy Equip- Mr. BARBER. Mr. Speaker, I rise today to had moved out of the Thompsonville Water ment Rentals, and Wholesale Nurseries cre- recognize Debbie Rich, chief executive officer Company Pumping Station and into their first fire station. In 1969, with more than 50 active ated an environment for tremendous growth of the Girl Scouts of Southern Arizona, who has been named winner of the 2014 Phyllis members, the department hired the first part- within the region. In 2001, Bob expanded his time employees and named its first Fire Fight- experience in the field by accepting a position Ehlinger Women of Excellence Award by the Tucson Chapter of the American Advertising er of the Year, Ernest W. Deford. A generous as Executive Officer for Forest Wood Fiber Federation. donation from the John Maciolek Post of the Products. His management style demonstrated This prestigious award recognizes a local American Legion in 1973 revolutionized the through his roles in the business community woman who is a business owner or executive way the department responded to motor vehi- led him to win a seat on the Lake Elsinore and who has demonstrated success within her cle accidents. Believed to have the second set City Council in 2003. He would go on the win industry, along with a dedication to philan- of Jaws of Life in the State of Connecticut, the a second term in 2008, where he was se- thropy and mentoring. department’s use of this life-saving tool made lected by his colleagues to serve as the Lake Debbie is a former Girl Scout herself who critical rescues safer and more effective. today leads an organization that serves more In 2009, the department proudly honored Elsinore City Mayor, a position he has held Deputy Chief Ken ‘‘Pops’’ Provencher for his four times. than 15,000 girls and has more than 2,500 adult volunteers in Pima, Cochise, Greenlee, 50 years of service. In 2012, they also gave It is hard to imagine that Bob would have Yuma and Santa Cruz counties as well as this distinguished honor to Captain Patrick any free time on his hands, yet has he always southern parts of Graham, Maricopa and Pinal Griffin just before he passed away. The fol- found time for his community. Bob was a Little counties. lowing year, department again had the privi- League Baseball coach for virtually a decade To meet the demand for services in South- lege of honoring Captain Ralph Jensen, Sr. during the 1990s, and prioritized public safety ern Arizona’s underserved communities, These men started as cadets and worked through the ranks from firefighter all the way by organizing and instituting Neighborhood Debbie created an innovative program using up their respective ranks at retirement. All women students at the University of Arizona Watch groups throughout the area. He served three continued their careers by becoming Fire and Pima Community College as troop lead- as Vice Chairman of the County’s Historical Commissioners. The district, the members, ers. This has become a program beneficial Commission, Chairman of the Lakeland Vil- and the citizens of the North Thompsonville both for the young scouts and also for the stu- lage Advisory Committee, Chairman of the Fire District thanked these men for their com- dents who serve as their mentors and role Riverside County Transportation Commission bined 150 years of service. models. To date, it is the only Girl Scout orga- (RCTC), and as Chairman of the RCTC’s In 2012, the North Thompsonville Fire De- nization in the Nation to use this model. partment responded to 502 calls including Budget Subcommittee. He is also a dedicated Also under Debbie’s leadership, Girl Scouts member of the Riverside County Solid Waste structure, vehicle, brush and incidental fires, in Southern Arizona are addressing serious hazardous material incidents, mutual aid as- Advisory Task Force, the Lake Elsinore Rede- contemporary issues such as poverty, illit- signments, and medical emergencies. The de- velopment Committee, the State Route 91 Ad- eracy, hunger, homelessness and violence. partment spent over 2,900 hours responding visory Committee, the Wells Fargo Inland Em- Debbie’s programs have become so suc- to emergencies and an additional 4,100 hours pire Community Board, and the Riverside cessful and popular that the Girl Scouts of in training. County Republican Central Committee. Southern Arizona now requires more space to I ask that my colleagues join with me in fulfill its mission. There soon will be an en- For all that he has done, it is no surprise congratulating the North Thompsonville Fire larged campus with meeting rooms, science Department on the 100th anniversary and that Bob has been the recipient of numerous labs, a demonstration kitchen, a digital media commend them for the work they do each day community awards including being named lab and a gym. to keep their community safe. ‘‘Citizen of the Year’’ by the Lake Elsinore Debbie has said that her goal is to motivate f Chamber of Commerce in 2005, ‘‘Distin- every girl in our community to be the best that guished Citizen of the Year’’ by the Tahquitz she can be. Debbie herself has set a sterling PERSONAL EXPLANATION District of the Boy Scouts of America in 2010, example for the Girl Scouts who will come and being appointed to the State Board of Fire after her. HON. ERIC SWALWELL Services by then Governor of California, Ar- I am proud to recognize Debbie Rich on the OF CALIFORNIA occasion of her selection as recipient of the IN THE HOUSE OF REPRESENTATIVES nold Schwarzenegger. 2014 Phyllis Ehlinger Women of Excellence Tuesday, January 28, 2014 In his spare time, Bob enjoys off-road rac- Award. ing, riding motorcycles, golf, tennis and walk- Mr. SWALWELL of California. Mr. Speaker, f due to a flight cancellation and airline delays, ing his dog. He and his wife, Gina, live in Lake HONORING THE NORTH I was unable to be present for votes on Mon- Elsinore where they enjoy cheering on their THOMPSONVILLE FIRE DEPART- day, January 27. Had I been present, I would son, Richard, who is serving in the United MENT have voted ‘‘yes’’ on rollcall vote No. 24, re- States Army. garding H.R. 2166, and ‘‘yes’’ on rollcall vote Considering all that Bob has done for Lake HON. JOE COURTNEY No. 25, regarding H.R. 3008. f Elsinore, the Lake Elsinore Chamber of Com- OF CONNECTICUT merce named him their 2013 John Packman IN THE HOUSE OF REPRESENTATIVES REMEMBERING COLONEL (U.S. Award recipient. Bob’s tireless passion for Tuesday, January 28, 2014 ARMY RETIRED) WILLIAM ED- service has contributed immensely to the bet- WARD CALLENDER, SR. terment of our community. He has been the Mr. COURTNEY. Mr. Speaker, I rise today to celebrate the 100th anniversary of the North heart and soul of many organizations and Thompsonville Fire Department. The NTFD is HON. BRADLEY BYRNE OF ALABAMA events and I am proud to call him a fellow led by Chief Earl Provencher and Deputy IN THE HOUSE OF REPRESENTATIVES community member, American and friend. I Chiefs Douglas Maxellon and David know that many community members are Lapponese who are all prepared to lead a Tuesday, January 28, 2014 grateful for his service and salute him as he group of firefighters, or the entire department Mr. BYRNE. Mr. Speaker, I rise today with receives this prestigious award. if necessary, into any situation. Chairman a heavy heart to remember the life of Colonel

VerDate Mar 15 2010 02:38 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JA8.005 E28JAPT1 jbell on DSK6SPTVN1PROD with REMARKS January 28, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E129 (U.S. Army Retired) William Callender of Mo- one of the most critical challenges currently brating the San Joaquin Farm Bureau Federa- bile, Alabama. Colonel (U.S. Army Retired) facing our country. tion for its efforts on AgVenture, an innovative Callender, known affectionately to his family For too many Americans, the barriers to program that teaches students about agri- as ‘The Colonel,’ passed away on January 17, economic opportunity and mobility have be- culture and our nation’s food supply. 2014, and was laid to rest in Pine Crest come insurmountable. California’s San Joaquin Valley is one of the Cemetary in Mobile on January 22. Just last week, a Pew Research Center sur- most bountiful agricultural regions in the world. An avid Alabama Crimson Tide football fan, vey found that at least 60 percent of all Re- From cucumbers to walnuts, from tomatoes to Colonel (U.S. Army Retired) Callender, was publicans, Democrats and Independents say cherries, the Valley is vital to the United born in Mobile on September 17, 1937, grad- the gap between the rich and everyone else States’ food security. In 2012, San Joaquin uating from Murphy High School in 1956 and has grown in the past 10 years. County alone produced $2.8 billion in agricul- the University of Alabama in 1960. He was However, we do not need a survey to tell us tural revenue, an extraordinary 28 percent in- married to his wife, Jacqueline, in 1958 and what we already know to be true. According to crease from the previous year, and is respon- the Census Bureau, 95 percent of all eco- began his career in military service directly sible for countless jobs in the region. nomic gains since the recovery began have after his college graduation in 1960. To help raise awareness about local agri- gone to the top 1 percent. culture, the San Joaquin Farm Bureau Federa- Colonel (U.S. Army Retired) Callender was We also know that, since 1979, our econ- tion started AgVenture, which educates 11,000 sent to serve in Vietnam, earning a Purple omy has more than doubled in size, but most elementary school students per year in San Heart, Distinguished Flying Cross, the Sol- of that growth has flowed to a fortunate few. dier’s Medal and the Gallatry Cross with In the past, the average CEO made about Joaquin County farming techniques, the his- Bronze Star Medal. He was truly an American 20 to 30 times the income of the average tory of certain crops, and the food they eat. hero, selflessly putting himself in harm’s way worker, today’s CEO makes 273 times more. AgVenture helps rebuild a sense of commu- to protect the lives of his peers. Meanwhile, a family in the top 1 percent has nity between those who live in urban and sub- But Colonel (U.S. Army Retired) Callender’s a net worth 288 times higher than the typical urban cities and people in rural areas. service continued even after his multiple tours American family, the largest income gap ever AgVenture and other efforts by the San Joa- in Vietnam, becoming known in South Ala- for our country. quin Farm Bureau Federation promote healthy bama for his work on behalf of America’s mili- This is simply egregious. diets, ensure affordable food, and honor the tary veterans and earning the Gulf Coast Vet- We cannot continue to believe that a grow- rich agricultural history of the United States. I eran of the Year Award in 2006. After retiring ing economy guarantees higher wages and in- am proud to represent San Joaquin County from the U.S. Army, Colonel (U.S. Army Re- come for all. Because it does not. farmers in Congress. tired) Callender began working at the Univer- We cannot ignore that in 2014, women con- I urge my colleagues to join me in com- sity of South Alabama in Mobile, as well as tinue to lag behind men in wages, with women mending the San Joaquin Farm Bureau Fed- serving on the Baldwin County School Board. making 77 cents for every dollar a man takes eration, its AgVenture program, and its dedica- Upon his full retirement, he and his wife home. tion to improving the education and nutrition of Jacqueline moved to Orange Beach, Alabama, According to The Shriver Report: A Wom- California’s youth. serving on the Battleship Commission and en- an’s Nation Pushes Back from the Brink, f joying his much-deserved retirement fishing. women make up nearly two-thirds of min- imum-wage workers. Given this statistic, it’s GOOD SAMARITAN SEARCH AND He will be greatly missed by his family—his RECOVERY ACT wife, Jacqueline, his three daughters Ginger no wonder that a third of all American women are living on the brink of poverty. Hawkins, Cyndi Callender and Tammy Hadley, SPEECH OF and his 12 grandchildren and 8 great-grand- Americans are working harder than ever, for children. the smallest of gains. This is simply not ac- HON. DOC HASTINGS South Alabama lost a great man on January ceptable. OF WASHINGTON Congress must renew its focus on investing 17 with the passing of Colonel (U.S. Army Re- IN THE HOUSE OF REPRESENTATIVES in the American people through quality pro- tired) Callender. We thank him for his service Monday, January 27, 2014 grams that promote access to the middle and remember him for his courageous spirit class, equality and accountability. Mr. HASTINGS of Washington. Mr. Speak- fighting to defend our country. In order to help the working poor and middle er, I wish to thank Chairman FRANK D. LUCAS f class, we must raise the minimum wage; in- of the Committee on Agriculture for his assist- PERSONAL EXPLANATION vest in education; improve our infrastructure; ance in scheduling H.R. 2166 for consider- reign in Wall Street and return our focus to ation by the House of Representatives on Main Street. Monday, January 27, 2014. I submit an ex- HON. ANNA G. ESHOO Only then will we be on the path toward change of letters between the Committees re- OF CALIFORNIA prosperity and equal economic opportunity for garding this bill. IN THE HOUSE OF REPRESENTATIVES all. The continued cooperation shown by Chair- Tuesday, January 28, 2014 f man LUCAS and his able staff on national for- est issues is much appreciated, and I look for- Ms. ESHOO. Mr. Speaker, I was not PERSONAL EXPLANATION ward to continuing to work with the Chairman present during rollcall vote No. 24 and 25 on for the remainder of the Congress. January 27, 2014, due to a flight delay. HON. GEORGE MILLER HOUSE OF REPRESENTATIVES, I would like the record to reflect how I would OF CALIFORNIA COMMITTEE ON AGRICULTURE, have voted: IN THE HOUSE OF REPRESENTATIVES Washington, DC, September 10, 2013. On rollcall vote No. 24, I would have voted Tuesday, January 28, 2014 Hon. DOC HASTINGS, ‘‘yes’’; on rollcall vote No. 25, I would have Chairman, Committee on Natural Resources, voted ‘‘yes’’. Mr. GEORGE MILLER of California. Mr. Longworth HOB, Washington, DC. Speaker, I was unavoidably detained yester- f DEAR CHAIRMAN HASTINGS: Thank you for day and missed roll Nos. 24 and 25. Had I the opportunity to review the relevant provi- CONGRESSIONAL BLACK CAUCUS: been present, I would have voted ‘‘aye’’ on roll sions of the text of H.R. 2166, the Good Sa- INCOME INEQUALITY Nos. 24 and 25. maritan Search and Recovery Act of 2013. As you are aware, the bill was primarily re- f SPEECH OF ferred to the Committee on Natural Re- RECOGNIZING THE ACCOMPLISH- sources, while the Agriculture Committee HON. MARCIA L. FUDGE MENTS OF THE SAN JOAQUIN received an additional referral. OF OHIO FARM BUREAU FEDERATION I recognize and appreciate your desire to bring this legislation before the House in an IN THE HOUSE OF REPRESENTATIVES expeditious manner and, accordingly, I agree Monday, January 27, 2014 HON. JERRY McNERNEY to discharge H.R. 2166 from further consider- OF CALIFORNIA ation by the Committee on Agriculture. I do Ms. FUDGE. Mr. Speaker, I want to thank IN THE HOUSE OF REPRESENTATIVES so with the understanding that by dis- my colleagues Congressmen Jeffries and Tuesday, January 28, 2014 charging the bill, the Committee on Agri- Horsford for once again leading the Congres- culture does not waive any future jurisdic- sional Black Caucus Special Order Hour. To- Mr. MCNERNEY. Mr. Speaker, I ask my col- tional claim on this or similar matters. Fur- day’s topic of income/economic inequality is leagues to join me in recognizing and cele- ther, the Committee on Agriculture reserves

VerDate Mar 15 2010 02:38 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JA8.009 E28JAPT1 jbell on DSK6SPTVN1PROD with REMARKS E130 CONGRESSIONAL RECORD — Extensions of Remarks January 28, 2014 the right to seek the appointment of con- STEP Award Honorees, such as Ms. ploy their limited resources, to send their sons ferees, if it should become necessary. Elkington, are attracting more women to man- and daughters to parochial schools. Even as I ask that you insert a copy of our ex- ufacturing careers by educating young work- the quality of free, public education in the change of letters into the Congressional Record during consideration of this measure ers. By telling the real stories of these women, Northern Marianas has continued to improve— on the House floor. we can inspire and encourage the next gen- and I am sure that faculty and students in our Thank you for your courtesy in this mat- eration of women to join the manufacturing in- fine public institutions would even proudly ter and I look forward to continued coopera- dustry and pursue exciting and meaningful ca- argue to surpass our Catholic schools—still tion between our respective committees. reers. have parents found something of extra value Sincerely, Ms. Elkington has provided leadership and in those Catholic schools and continued to pay FRANK D. LUCAS, expertise at Toyota Motor Manufacturing, Indi- for their children to receive a Catholic edu- Chairman. ana in a variety of influential roles as she pro- cation. HOUSE OF REPRESENTATIVES, gressed to become Toyota’s first female vice And we have to thank the religious and lay COMMITTEE ON NATURAL RESOURCES, president of manufacturing for a vehicle as- teachers in our Catholic schools. These Washington, DC, September 11, 2013. sembly plant. She has been a key player in women and men have chosen to forego mate- Hon. FRANK D. LUCAS, Toyota’s success in Indiana from the begin- rial rewards of life in order to serve as the Chairman, Committee on Agriculture, Long- ning. conduit for the moral system that underlies the worth HOB, Washington, DC. She joined Toyota as a manufacturing engi- academic content of their classrooms. Often DEAR MR. CHAIRMAN: Thank you for your neering specialist in 1998, serving on a team among the best educated members of our letter regarding H.R. 2166, the Good Samari- tan Search and Recovery Act of 2013. As you preparing for the start of production of Toyota community, rather than using their knowledge know, the Committee on Natural Resources Indiana’s first vehicle, the Tundra full-size to advance their own interests these teachers ordered reported the bill on June 12, 2013. I pickup truck. She rose through the ranks into disseminate what they know, so that many appreciate your support in bringing this leg- the role of General Manager of Assembly and lives may be enriched. Their service and sac- islation before the House of Representatives, Stamping/Body Weld, where she oversaw nu- rifice, too, we celebrate and recognize during and accordingly, understand that the Com- merous operations of Production, Convey- Catholic Schools Week. mittee on Agriculture will forego action on ance, Engineering, Maintenance and new Lastly, we congratulate the students in our the bill. model preparation. She helped to plan and The Committee on Natural Resources con- Catholic schools. You are part of a heritage in curs with the mutual understanding that by manage production of Toyota’s Sequoia, Si- the Northern Mariana Islands that we trace foregoing consideration of H.R. 2166 at this enna, Highlander and the Highlander Hybrid back directly to the founding of Mount Carmel time, the Committee on Agriculture does not models. School in 1952, but which certainly has its waive any jurisdiction over the subject mat- Ms. Elkington is committed to diversity and roots with the original Catholic missionaries of ter contained in this or similar legislation. inclusion within manufacturing both at Toyota the 16th century. That is a remarkable tradi- In addition, should a conference on the bill and in the State of Indiana. She recognized tion. One to be proud of, as you mark Catholic be necessary, I would support your request to the absence of women in manufacturing early Schools Week, and to carry on. have the Committee on Agriculture rep- in her career. Consequently, she led Toyota resented on the conference committee. Fi- f Indiana’s diversity and inclusion initiatives as nally, I would be pleased to include your let- PERSONAL EXPLANATION ter and this response in the bill report filed diversity champion, and as Toyota’s champion by the Committee on Natural Resources, as for the Society of Women Engineers. well as in the Congressional Record during I am thankful for the years of dedication and HON. MIKE THOMPSON floor consideration, to memorialize our un- hard work by Susan Elkington, and I congratu- OF CALIFORNIA derstanding. late her for setting an example of professional IN THE HOUSE OF REPRESENTATIVES Thank you for your cooperation. excellence and advocacy of women in manu- Sincerely, facturing, as well as her commitment to the Tuesday, January 28, 2014 DOC HASTINGS, Chairman. greater community. Mr. THOMPSON of California. Mr. Speaker, f on January 27, 2014, I missed rollcall votes f Nos. 24 and 25. My flight to Washington was CONGRATULATING SUSAN CELEBRATING CATHOLIC SCHOOLS delayed. Had I been present, I would have ELKINGTON WEEK voted in the following manner: Rollcall No: 24 ‘‘aye.’’ HON. LARRY BUCSHON HON. GREGORIO KILILI CAMACHO Rollcall No: 25 ‘‘aye.’’ OF INDIANA SABLAN f IN THE HOUSE OF REPRESENTATIVES OF THE NORTHERN MARIANA ISLANDS IN TRIBUTE TO MR. GEORGE Tuesday, January 28, 2014 IN THE HOUSE OF REPRESENTATIVES ZLOTNICK Mr. BUCSHON. Mr. Speaker, I rise today to Tuesday, January 28, 2014 congratulate Susan Elkington on her selection Mr. SABLAN. Mr. Speaker, most Americans HON. JOE COURTNEY to receive a STEP Award from The Manufac- would agree on the essential importance of OF CONNECTICUT turing Institute. As she is a fellow Hoosier and education to a successful and meaningful life. IN THE HOUSE OF REPRESENTATIVES an inspiration to young women interested in But knowledge in and of itself is insufficient Tuesday, January 28, 2014 technical careers, I am pleased to stand be- without a moral and ethical context for its ap- fore this body of Congress to recognize her propriate application. Thus, the importance of Mr. COURTNEY. Mr. Speaker. I rise today contributions to Toyota, the automotive indus- Catholic schools, which we celebrate this to recognize George Zlotnick as he reaches try, Indiana, and her community. week. his 90th birthday. A member of our ‘‘greatest Manufacturing is revitalizing our economy In the Northern Mariana Islands the Catholic generation,’’ George is a respected Con- and making America strong. Investments in schools of Eskuelan San Francisco de Borja necticut veteran who participated in the last manufacturing, particularly in automotive man- on Rota, St. Joseph Catholic School on airborne deployment of World War II in Oper- ufacturing, multiply across the economy, cre- Tinian, and Mount Carmel School on the ation Varsity before embarking on a success- ating jobs and growth in other sectors. Manu- Saipan, have been the vanguard not only in ful career in the construction industry. facturing is the backbone of our Nation’s mid- educational excellence, but also in the inculca- As a young 19-year-old from Willimantic, dle class. Today’s manufacturing offers com- tion of spiritual values. Graduates of these Connecticut, George enlisted in the Army in petitive wages, is high tech, safe, and offers schools, who now fill every nook and cranny 1943. Beginning as an infantryman before great growth opportunities for women. Yet, of leadership in our communities, carry both joining the Army Air Corps, George’s dream of over 80 percent of manufacturers still cannot intellectual skills and a moral compass to their flying a plane became a reality when he was find the skilled workers they need. work in our society. We are all better off as a sent to the Pre-Flight Training at Teacher’s Part of this skills gap is due to the lack of result. And, at least in part, we have Catholic College in Pennsylvania. After completing his women in the industry. While women make up schools to thank. training, George was sent to Germany on 50 percent of the U.S. workforce, they make We have also to thank the parents of every March. 24, 1945, to participate in one of the up only 24 percent of the manufacturing work- Catholic school student. For, over the years, largest airborne military assaults in America’s force. these parents have chosen to sacrifice, to de- history.

VerDate Mar 15 2010 02:38 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JA8.014 E28JAPT1 jbell on DSK6SPTVN1PROD with REMARKS January 28, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E131 Praised as a key tactical success for the Al- CLIMATE CHANGE students and families who experienced the lies in the fight against Nazi Germany, Oper- negative impacts of violence in Mexico. Many ation Varsity dropped Allied troops behind HON. PETER WELCH of these families moved to El Paso to escape enemy lines to secure the Rhine River in OF VERMONT violence and the new students were in need of Wesel, Germany. As a paratrooper with the IN THE HOUSE OF REPRESENTATIVES emotional and academic support. Ms. 464th Field Artillery Battalion of the 17th Air- Dominguez set up Hilley’s first data-driven, borne Division, George was tasked with car- Tuesday, January 28, 2014 comprehensive school counseling program, rying the barrel of a cannon weighing more Mr. WELCH. Mr. Speaker, I rise today as a where she maintained a low student-to-coun- than 200 pounds through enemy fire to deliver member of the Safe Climate Caucus to ad- selor ratio; decreased disciplinary referrals; in- ammunition to Allied troops. Completing his dress the issue of climate change. creased attendance rates; and helped stu- mission with courage, George was honorably Global warming means that the planet on dents and teachers succeed on state assess- discharged from service in February 1946. average is getting warmer. The evidence here ments. After serving his country, George started his is indisputable. Horizon City and the entire El Paso commu- own construction company in Ashford, Con- Global warming is also causing freak weath- nity continue to benefit from the positive im- necticut in 1948. Like many great American er events that just aren’t normal. These in- pacts that Ms. Dominguez has on her students success stores, George began his business clude hurricanes, typhoons and droughts. in her third year as a counselor at Shook Ele- from humble beginnings; assembling small They also include the brutal cold fronts that mentary. Her leadership skills and comprehen- buildings, chicken coops and barns for local are sweeping the country. sive vision shape the lives of her students and farmers. Sixty-five years later, Zlotnick Some climate deniers have used this as an their families. I join the ASCA and the El Paso Contruction Incorporated remains a respected opportunity to assert that the overwhelming community in honoring Ms. Dominguez for her organization in Mansfield, Connecticut and has science behind global warming is wrong. The dedication to serving students and for the in- won contracts with key multinational firms. irony in this assertion is that while the U.S. spiring example she has set for school coun- George and his wife Zenia have also re- has extreme unusually cold temperatures, cur- selors across the country. mained an unwavering part of the business rent temperatures in the Arctic are above av- f and Orthodox Church communities of Con- erage. necticut. NOAA recently confirmed that 2013 was the OUR UNCONSCIONABLE NATIONAL As George prepares to celebrate his 90th fourth warmest year on record. All 13 years of DEBT birthday on March 9, 2014, I ask my col- the 21st century rank among the 15 warmest leagues to join me in congratulating this great since records began 134 years ago. On aver- HON. MIKE COFFMAN American veteran and businessman and age, spring weather arrives ten days earlier OF COLORADO thanking him for his contribution to our Nation. than it used to in the Northern Hemisphere. IN THE HOUSE OF REPRESENTATIVES f While many states in the Midwest and North- Tuesday, January 28, 2014 TRIBUTE TO ANTHONY AND east have exceptionally cold temperatures, Mr. COFFMAN. Mr. Speaker, on January JEANNE PRITZKER Alaska is experiencing unusually warm weath- er and California is going through a record- 20, 2009, the day President Obama took of- breaking drought. Average daily highs in Alas- fice, the national debt was HON. KAREN BASS ka are 11 degrees greater than the historical $10,626,877,048,913.08. OF CALIFORNIA average for January. Today, it is $17,263,279,883,739.66. We’ve IN THE HOUSE OF REPRESENTATIVES These unusual weather events are doing added $6,636,402,834,826.58 to our debt in 5 Tuesday, January 28, 2014 real economic harm and are hurting American years. This is $6.6 trillion in debt our Nation, Ms. BASS. Mr. Speaker, today, I pay tribute families. Congress needs to tackle this prob- our economy, and our children could have to two philanthropists of exceptional dedication lem of man-made climate change head on and avoided with a balanced budget amendment. and character—Anthony and Jeanne Pritzker. not just bury our heads in the snow. f The Pritzkers have been committed to improv- f HONORING JUDGE FRANK CREEDE, ing the lives of foster youth through the An- JR. thony and Jeanne Pritzker Family Foundation. HONORING MONICA DOMINGUEZ For more than a decade the Anthony and Jeanne Prtitzker Family Foundation has been HON. BETO O’ROURKE HON. DEVIN NUNES making investments to strengthen important OF TEXAS OF CALIFORNIA institutions that help the residents of Los An- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES geles. The foundation’s grants have helped Tuesday, January 28, 2014 Tuesday, January 28, 2014 improve medical care, higher education, the environment, the arts and the foster care sys- Mr. O’ROURKE. Mr. Speaker, it is my privi- Mr. NUNES. Mr. Speaker, Alongside my col- tem in our city. These investments enrich our lege to recognize Monica Dominguez, the lead league DAVID VALADAO, I rise today to pay trib- communities now, and for future generations. counselor at Dr. Sue Shook Elementary ute to Judge Frank Creede, Jr., who recently In 2012, Jeanne Pritzker started the non- School in Horizon City, Texas. Ms. Dominguez passed away. profit Foster Care Counts after being inspired is in Washington D.C. to be honored as an Frank Creede distinguished himself at an by two teenagers they took into their own American School Counselor Association early age. During World War II, he joined the home, while raising her own children. Foster (ASCA) 2014 School Counselor of the Year fi- army at the age of eighteen and served in a Care Counts has brought thousands of foster nalist. heavy machine-gun squad in Europe, where kids and families to their own home to cele- Ms. Dominguez has led Shook Elementary’s he was taken prisoner during the Battle of the brate family with their successful, Foster Moth- efforts to close the gap in services for low-in- Bulge. Surviving a forced march and a railroad er’s Day event. come students through a counseling program ride in a boxcar from Belgium to Germany, he The Pritzkers recently gave a $3 million gift that supports students’ academic, social and was liberated from his POW camp in April to UCLA to create an endowment that covers emotional development. By reaching out to 1945 and was later awarded the Purple Heart. tutoring, mental health services, summer students beyond the confines of the school Upon his return to the United States, Frank housing, unforeseen school expenses and day, Ms. Dominguez has earned respect from began his long, eminent legal career. After other costs for UCLA students who were or fellow educators, parents, and most impor- practicing law for more than two decades and are in foster care. They have long been con- tantly, her students. In addition, Ms. becoming a founding partner of the law firm tributors to UCLA’s Guardian Scholars pro- Dominguez has developed effective relation- now called Creede, Dawson, Gillaspy and gram, which provides support to former and ships with local agencies to support the overall Ninnis, he was appointed as a Fresno County current foster-care youth who are students at well-being of diverse students and families in judge by Governor Ronald Reagan in 1973. UCLA. This generous donation is helping en- El Paso County. He heard more than 200 jury trials and adju- sure the continued success of this vulnerable Before joining the staff at Shook Elemen- dicated many high-profile cases during his out- population. tary, Ms. Dominguez served as the grants standing tenure on the bench, which included Today we honor the Pritzkers, for fighting counselor for Project HOPE (Heightened Op- service as presiding judge of the Superior for those who sometimes do not have a voice, portunities for Promoting Excellence) at H. D. Court and several other courts. Judge Creede and making their lives a little better Hilley Elementary School, which serves many retired in 1998 after being re-elected to the

VerDate Mar 15 2010 02:38 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JA8.018 E28JAPT1 jbell on DSK6SPTVN1PROD with REMARKS E132 CONGRESSIONAL RECORD — Extensions of Remarks January 28, 2014 Superior Court four times. Among his many positioned to provide these shared services. the daughters of Mariano G. Vallejo, the Com- awards and commendations, the Fresno He embraced and promoted the idea of cost mander General of California and founder of County Law Library was renamed in his honor. sharing as an alternative to school district con- the City of Sonoma. In addition to revitalizing In retirement Judge Creede remained active solidation, and he championed the concept Sonoma through her business ventures, she as a visiting judge. He also participated in a known as ‘‘functional consolidation,’’ or the authored the bestselling book Housewise, remarkably wide array of charitable organiza- pooling of resources to provide such services which earned her national interviews and ap- tions and civic groups including some dedi- as business management, food service, soft- pearances on the Today Show, Good Morning cated to preventing animal cruelty, which was ware purchases and transportation. America, and Oprah. a particular passion of his. Gary’s vision for BOCES went well beyond Ms. Brangham is as equally dedicated to Known for his sense of humor, work ethic, its traditional role to provide regional edu- her philanthropic efforts as she is to her busi- and compassion, Judge Creede was a won- cational services such as special education ness ventures. Her efforts include promoting derful asset to the Fresno community. For and career and technical education. He saw local arts—she has worked with the Sonoma decades he served his country and his com- BOCES as a vehicle for helping school dis- Valley Museum of Art, the Sebastiani Theatre munity with distinction. He leaves behind an tricts join together to meet their collective Alliance, and the Sonoma International Film enduring legacy that his family should look needs. He once said, ‘‘BOCES doesn’t exist in Festival—and helping the young people of upon with the deepest sense of pride. a vacuum. It exists as the collective will of our Sonoma Valley through organizations such as f component school districts and our stake- Teen Safe Ride, the Mentoring Alliance, and holders in the region.’’ He demonstrated the the Sonoma Valley Boys & Girls Clubs. She PERSONAL EXPLANATION kind of strategic, regional thinking that could has also served with the Sonoma Valley Hos- provide effective solutions. Gary also served pital Coalition, the Sonoma Valley Fund, the HON. BILL PASCRELL, JR. as president of the Suffolk County School Su- Lyon Ranch Animal Rescue and Therapy Cen- OF NEW JERSEY perintendents Association, SCSSA, and then ter as well as Pets Lifeline. IN THE HOUSE OF REPRESENTATIVES as chair of its Legislative Committee. He was Mr. Speaker, Suzanne Brangham is a be- Tuesday, January 28, 2014 well versed in the particular needs and char- loved and vitally important member of the acteristics of the region’s school districts and community and it is appropriate that we ac- Mr. PASCRELL. Mr. Speaker, I want to saw it as his responsibility to communicate knowledge her today as Sonoma’s Alcaldesa state for the record that yesterday, January those needs to legislators in Albany and for 2014. 27, I missed several rollcall votes. Had I been Washington, particularly in pushing for fair dis- present I would have voted: ‘‘yes’’—rollcall tribution of state aid. f vote 24—H.R. 2166—Good Samaritan Search I was proud to stand with him and others and Recovery Act; ‘‘yes’’—rollcall vote 25— last June for the unveiling of Long Island’s first HONORING AUBURN UNIVERSITY H.R. 3008—To provide for the conveyance of P–TECH program, a cutting-edge educational FULLBACK JAY PROSCH a small parcel of National Forest System land partnership with Longwood School District to in Los Padres National Forest in California, train Long Island students for high skill tech- and for other purposes. nology jobs. Gary also served as a member of HON. BRADLEY BYRNE f my Education Advisory Board and was always OF ALABAMA looked to for his ability to synthesize informa- HONORING GARY BIXHORN IN THE HOUSE OF REPRESENTATIVES tion and analyse educational data. Tuesday, January 28, 2014 Mr. Speaker, it has been an honor to work HON. TIMOTHY H. BISHOP with Gary Bixhorn. He embodies the spirit of Mr. BYRNE. Mr. Speaker, I rise today to OF NEW YORK the BOCES mission to enable school districts honor a young man who is representing our IN THE HOUSE OF REPRESENTATIVES to operate more efficiently by working to- community in South Alabama in the Senior Tuesday, January 28, 2014 gether. His ability to see the broad picture Bowl, Jay Prosch. Jay is a fullback at Auburn while analyzing the small details made him a University, having originally attended UMS Mr. BISHOP of New York. Mr. Speaker, I valuable educational resource for our region Wright in Mobile, AL, before playing college rise to congratulate Gary D. Bixhorn on his re- and a widely-respected leader. On behalf of football at Auburn. tirement after 35 years of educational leader- New York’s first congressional district, I would Jay is an exceptionally talented young indi- ship and service. As Chief Operating Officer of like to thank him for his lasting impact on edu- vidual. While serving as Team Captain his Eastern Suffolk BOCES, Gary oversaw New cation and wish him well in retirement. senior year at UMS Wright, he received the York State’s largest BOCES, serving more f Joe Bullard, Jr. Award, given to the player than 50 school districts across an area of who displays exemplary leadership and love of 1,000 square miles. Under his guidance, East- RECOGNIZING ALCALDESA the game of football. ern Suffolk BOCES became a leader in ex- SUZANNE BRANGHAM ploring cost-saving opportunities for school In addition, Jay was awarded the Most Valu- districts, and Gary became one of the region’s HON. MIKE THOMPSON able Linebacker Award, Mobile Optimist Club top advocates for Long Island schools. Offensive Back of the Year Award, and State OF CALIFORNIA of Alabama 4A Lineman of the Year Award. Gary did an outstanding job during excep- IN THE HOUSE OF REPRESENTATIVES tionally challenging economic times for edu- That year, his senior year, he recorded 199 cation, testifying frequently before commis- Tuesday, January 28, 2014 tackles, 114 solo stops, 16 of which were for sions and forums where he shared his vast Mr. THOMPSON of California. Mr. Speaker, a loss, five pass interruptions, and one sack. knowledge and understanding of school fi- I rise today to recognize Suzanne Brangham, He also rushed five times for 16 yards and nance. He was a key spokesperson in the who has been named the City of Sonoma’s one touchdown as a fullback. fight to urge New York State lawmakers to 2014 Alcaldesa, or Honorary Mayor. The title Jay has become a standout at Auburn and end the Gap Elimination Adjustment, a formula ‘‘Alcalde,’’ or ‘‘Alcaldessa’’ when referring to a previously during his time at the University of in the state budget that reduces the amount of woman, is the Spanish word for ‘‘Mayor.’’ Illinois as a standout in strength training. He aid to school districts, and he fought New While the Alcalde was the primary civil author- clean lifted more than 400 pounds while York’s first property tax cap, one of the most ity during the Spanish colonial period in Cali- weighing just 250. He was also recorded at stringent in the nation. Newsday called him, fornia, in modern times, it is an honorary title 4.72 seconds in the 40-yard dash. ‘‘the region’s leading analyst of financial trends bestowed upon invaluable members of the CBS Sports named him a ‘‘Freak,’’ as well in education.’’ community. as Gil Brandt listing him as one of the coun- Gary understood the unique qualities of Ms. Brangham has lived in Sonoma for 25 try’s Top 100 Seniors this year. Long Island’s schools and was a master at years, where she has given back to her com- We are all so proud of Jay and his accom- forming coalitions to advocate for their most munity as both a businesswoman and philan- plishments on the field of play. He has ex- pressing needs and to find creative solutions thropist. She has founded a number of busi- celled as a player, a leader, and an individual, to save money and provide services. As na- nesses in Sonoma, including the Ramekins and is regarded as a leader by his teammates tional economic conditions declined, he advo- Culinary School, the MacArthur Place Hotel & and coaches. South Alabama is proud to claim cated for shared services as a means of re- Spa, and the General’s Daughter restaurant, him as one of our own, and we wish him luck ducing costs, arguing that BOCES was well which is located in a Victorian home built by as he takes the field in the Senior Bowl.

VerDate Mar 15 2010 02:38 Jan 29, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A28JA8.023 E28JAPT1 jbell on DSK6SPTVN1PROD with REMARKS January 28, 2014 CONGRESSIONAL RECORD — Extensions of Remarks E133 TRIBUTE TO DAVE OSTER Salem, VA, where he was promoted to Gen- and a dozen countries, are currently enrolled eral Manager of the Salem Avalanche. For all in 33 areas of study. Ferrum offers bachelor’s HON. KEN CALVERT of his hard work, he was honored with the Ex- degrees in twenty-eight programs and re- OF CALIFORNIA ecutive of the Year award for the Carolina ceived accreditation as a four-year college in IN THE HOUSE OF REPRESENTATIVES League. 1976. The students are active members of the Following his success on the East Coast, surrounding Franklin County and Rocky Mount Tuesday, January 28, 2014 Dave took a huge leap of faith, and moved out communities. Mr. CALVERT. Mr. Speaker, I rise today to West, where he found his new home with the We wish the students, faculty, and staff the honor and pay tribute to an individual whose Lake Elsinore Storm as the Owner and Presi- best, as they celebrate Founders Day and dedication and contributions to the community dent. His contributions as a leader in the area their 100th anniversary on February 8th. We are exceptional. Lake Elsinore has been fortu- resulted in huge economic growth and com- also look forward to the continued success of nate to have dynamic and dedicated commu- munity involvement. For this, he was once Ferrum College as it carries on its mission of nity leaders who willingly and unselfishly give again honored with the Executive of the Year educating our young people and preparing their time and talent and make their commu- Award in the California League. Aside from them for their future endeavors. nities better places to live and work. Dave the tremendous work he has done to create Oster is one of these individuals. On January success with The Storm, above all, he is most f 25, 2014, Dave will be honored as the 2013 proud of the family he has found in the staff, KIM SKUMANICK, PRESIDENT OF ‘‘Citizen of the Year’’ at the Lake Elsinore and the passion he has for the community, the THE PENNSYLVANIA ASSOCIA- Chamber of Commerce Instalation and players and the franchise. 2013 marked TION OF REALTORS Awards Gala. Dave’s 25th year in professional sports, and Dave was born and raised in the small town his 14th season with the Lake Elsinore Storm. of Mantua, OH, where the friendly and re- Dave is most known as an effective leader HON. LOU BARLETTA spectful nature of the community created a with a natural ability to organize the efforts OF PENNSYLVANIA family-like atmosphere. Dave grew up watch- and goodwill of others. He is an enthusiastic IN THE HOUSE OF REPRESENTATIVES ing his father establish a successful career in team builder who enjoys encouraging cre- Tuesday, January 28, 2014 human resources, and soon, his work ethic ativity in the staff that he leads. Considering and values were formed. Growing up, Dave all that Dave has done for Lake Elsinore, the Mr. BARLETTA. Mr. Speaker, I rise to rec- developed his passion for America’s favorite Lake Elsinore Chamber of Commerce named ognize Kim Skumanick on her inauguration as pastime, baseball, and found himself consist- him their 2013 Citizen of the Year. Dave’s tire- president of the Pennsylvania Association of ently holding a leadership position as captain less passion for service has contributed im- Realtors (PAR). for many of his teams. Dave went on to grad- mensely to the betterment of our community. Ms. Skumanick is a graduate of Penn State uate high school and attend Bowling Green He has been the heart and soul of many orga- University and presently works as an asso- State University and later Ohio Northern Uni- nizations and events and I am proud to call ciate broker with Lewith and Freeman Real versity, where he earned his degree in sports him a fellow community member, American, Estate in Clarks Summit, Pennsylvania. Prior management. He was honored with his first and friend. I know that many community mem- to becoming president of PAR, she served as leadership award, the Clyde A. Lamb Award, bers are grateful for his service and salute him the chair of PAR’s Legislative Planning Group during his senior year at Ohio Northern. as he receives this prestigious award. and the Legislative Committee. She also held Dave’s thriving career in sports began when f the roles of treasurer of the Realtors Political he interned for the Cleveland Force, a re- Action Committee (RPAC) and District 1 Vice nowned soccer team based in Ohio. His first FERRUM COLLEGE 100TH President. Today, she is on the Strategic job out of college followed suit, as he became ANNIVERSARY Oversight Committee, Legislative Committee the General Manager for the minor league and the Land Use and Local Issues Sub- baseball team, the Geneva Cubs. Dave be- HON. ROBERT HURT committee, as well as on the Public Policy & came involved in every facet of the organiza- OF VIRGINIA Political Advocacy Coordinating Committee tion, from concessions to clean up, and he es- IN THE HOUSE OF REPRESENTATIVES and the Administrative Coordinating Com- tablished an environment of success and fun. mittee. Ms. Skumanick is a National Associa- Dave quickly learned how to grow a business Tuesday, January 28, 2014 tion of Realtors director and has served for and manage a staff, eventually leading him to Mr. HURT. Mr. Speaker, on behalf of myself nine years as a Federal Political Coordinator win the John H. Johnson Award for team rec- and Representatives BOB GOODLATTE and for the 10th Congressional District. ognition and running of an organization. MORGAN GRIFFITH, I submit these remarks to For her hard work and dedication in real es- After 4 years with the Geneva Cubs, Dave commemorate the 100th anniversary of tate, Ms. Skumanick has been the recipient of took his talent and drive to Delaware, where Ferrum College. significant recognition. In 2003, she received he began his job as Assistant General Man- A private institution, Ferrum College was PAR’s Realtor Active in Politics Award. A ager for the Wilmington Blue Rocks minor founded in 1913 and has a long and storied member of the Greater Scranton Board of Re- league team. During a time when the organi- history that has left an enduring footprint on altors, Kim was president in 2003 and was zation was just beginning, Dave used his skills Franklin County, as well as Virginia and the named Realtor of the Year in 2006. and expertise to help build the franchise from nation. The 700-acre campus is located in Mr. Speaker, Ms. Skumanick has shown the ground up. He made sure the community Ferrum, Virginia, the foothills of the Blue outstanding commitment to the Pennsylvania saw every game as a ‘‘must-attend’’ event, Ridge Mountains. real estate community. Therefore, I commend and grew attendance from 800 to 6,000 fans, Ferrum is home to the second oldest envi- her on her inauguration as president of the virtually selling out every home game. Dave ronmental science program in the nation. Pennsylvania Association of Realtors and wish soon made another move, ending up in Today, over 1500 students, from 25 states her the best in her future endeavors.

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HIGHLIGHTS House and Senate met in Joint Session to receive a State of the Union Address from the President of the United States. Senate Measures Considered: Chamber Action Homeowner Flood Insurance Affordability Routine Proceedings, pages S493–S555 Act—Agreement: Senate continued consideration of Measures Introduced: Four bills and one resolution the motion to proceed to consideration of S. 1926, were introduced, as follows: S. 1965–1968, and S. to delay the implementation of certain provisions of the Biggert-Waters Flood Insurance Reform Act of Res. 340. Page S528 2012 and to reform the National Association of Reg- Measures Reported: istered Agents and Brokers. Pages S495–S516 S. 611, to make a technical amendment to the A unanimous-consent-time agreement was reached T’uf Shur Bien Preservation Trust Area Act, with an providing that at approximately 11 a.m., on amendment in the nature of a substitute. (S. Rept. Wednesday, January 29, 2014, all post-cloture time No. 113–136) Page S527 be yielded back and the motion to proceed to the Measures Passed: bill be agreed to; that after the bill is reported, the following amendments be agreed to: Hagan Amend- Cooperative and Small Employer Charity Pen- ment No. 2702; Rubio Amendment No. 2704; King sion Flexibility Act: Senate passed S. 1302, to Amendment No. 2705; and Blunt Amendment No. amend the Employee Retirement Income Security 2698; and the amended text be considered as origi- Act of 1974 and the Internal Revenue Code of 1986 nal text for the purposes of further amendment; that to provide for cooperative and small employer char- the only other amendments in order be the fol- ity pension plans, after agreeing to the committee lowing: Reed Amendment No. 2703; Coburn amendment in the nature of a substitute, and the Amendment No. 2697; Merkley Amendment No. following amendment proposed thereto: 2709; Heller Amendment No. 2700; Whitehouse Pages S545–54 Amendment No. 2706; Toomey Amendment No. Reid (for Harkin) Amendment No. 2701, in the 2707; and Gillibrand Amendment No. 2708; that nature of a substitute. Pages S546–54 no second-degree amendments be in order to any of A unanimous-consent agreement was reached pro- these amendments prior to votes in relation to the viding that if the Senate receives a bill from the amendments; that it be in order for Senator Toomey House of Representatives that is identical to the text to modify his amendment with the text of Rubio of S. 1302, then the House bill be read three times Amendment No. 2704 and Hagan Amendment No. and passed, with no intervening action or debate. 2702; that there be 30 minutes of debate equally di- vided on each amendment or motion to waive a Page S546 budget point or order, if made; that there be up to Catholic Schools Week: Committee on Health, one hour of general debate on the bill equally di- Education, Labor, and Pensions was discharged from vided between proponents and opponents; that further consideration of S. Res. 334, recognizing the amendments in this agreement must be offered prior goals of Catholic Schools Week and honoring the to 3:00 p.m. on Wednesday, January 29, 2014; that valuable contributions of Catholic schools in the it be in order for Senator Crapo, or designee, to raise United States, and the resolution was then agreed to. a budget point of order against the bill; that if such Page S554 a point of order is raised, Senator Menendez, or des- ignee, be recognized to move to waive the point of D80

VerDate Mar 15 2010 05:15 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD14\JAN 2014\D28JA4.REC D28JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — DAILY DIGEST D81 order; that upon the use or yielding back of time, of the Army, William A. LaPlante, Jr., of Maryland, Senate vote on the motion to waive, if made; that to be an Assistant Secretary of the Air Force, and if the motion to waive is agreed to, Senate vote in 1,096 nominations in the Army and Air Force. relation to the amendments in the order listed; that upon the disposition of the amendments, the bill be MILITARY RETIREMENT SYSTEM read a third time and Senate vote on passage of the Committee on Armed Services: Committee concluded a bill, as amended. Page S555 hearing to examine recent changes to the United Escort Committee—Agreement: A unanimous- States military retirement system, after receiving tes- consent agreement was reached providing that the timony from Christine H. Fox, Acting Deputy Sec- Presiding Officer of the Senate be authorized to ap- retary, and Admiral James A. Winnefeld, Jr., USN, point a committee on the part of the Senate to join Vice Chairman of the Joint Chiefs of Staff, both of a like committee on the part of the House to escort the Department of Defense; General John H. Tilelli, President Obama into the House Chamber for the Jr., USA (Ret.), Military Officers Association of joint session to be held at 9 p.m., on Tuesday, Janu- America, Master Sergeant Richard J. Delaney, USAF ary 28, 2014. Page S554 (Ret.), The Retired Enlisted Association, and David Message from the President: Senate received the S. C. Chu, Institute for Defense Analyses, all of Al- following message from the President of the United exandria, Virginia; and General Gordon R. Sullivan, States: USA (Ret.), Association of the United States Army, Transmitting the report on the State of the Union Arlington, Virginia. delivered to a Joint Session of Congress on January REAUTHORIZATION OF THE EXPORT- 28, 2014; which was ordered to lie on the table. IMPORT BANK (PM–27) Pages S521–26 Committee on Banking, Housing, and Urban Affairs: Messages from the House: Page S526 Committee concluded an oversight hearing to exam- Measures Referred: Page S526 ine the reauthorization of the Export-Import Bank of Measures Placed on the Calendar: Pages S493, S526 the United States, after receiving testimony from Fred P. Hochberg, President and Chairman, Export- Executive Communications: Pages S526–27 Import Bank of the United States. Executive Reports of Committees: Page S527 Additional Cosponsors: Pages S528–29 CRITICAL MINERALS POLICY ACT Statements on Introduced Bills/Resolutions: Committee on Energy and Natural Resources: Committee Page S529 concluded a hearing to examine S. 1600, to facilitate the reestablishment of domestic, critical mineral des- Additional Statements: Pages S518–21 ignation, assessment, production, manufacturing, re- Amendments Submitted: Pages S529–45 cycling, analysis, forecasting, workforce, education, Notices of Intent: Page S545 research, and international capabilities in the United States, after receiving testimony from David Daniel- Authorities for Committees to Meet: Page S545 son, Assistant Secretary of Energy, Office of Energy Privileges of the Floor: Page S545 Efficiency and Renewable Energy; Lawrence D. Adjournment: Senate convened at 10 a.m. and ad- Meinert, Mineral Resources Program Coordinator, journed at 10:27 p.m., until 10 a.m. on Wednesday, Geological Survey, Department of the Interior; Major January 29, 2014. (For Senate’s program, see the re- General Robert H. Latiff, (Ret.), George Mason Uni- marks of the Majority Leader in today’s Record on versity, Fairfax, Virginia; David Isaacs, Semicon- page S555.) ductor Industry Association, and Jennifer Thomas, The Alliance of Automobile Manufacturers, both of Washington, D.C.; Jim Sims, Molycorp, Inc., Green- Committee Meetings wood, Colorado; Gregory Conrad, Interstate Mining (Committees not listed did not meet) Compact Commission, Herndon, Virginia, on behalf of the Alaska Department of Natural Resources; and BUSINESS MEETING Roderick G. Eggert, Colorado School of Mines, Committee on Armed Services: Committee ordered favor- Golden. ably reported the nominations of Madelyn R. Creedon, of Indiana, to be Principal Deputy Admin- NOMINATIONS istrator, National Nuclear Security Administration, Committee on Foreign Relations: Committee concluded Brad R. Carson, of Oklahoma, to be Under Secretary a hearing to examine the nominations of Max Sieben

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Baucus, of Montana, to be Ambassador to the Peo- mony from Carolyn N. Lerner, Special Counsel, Of- ple’s Republic of China, who was introduced by Sen- fice of Special Counsel; Ron Vitiello, Deputy Chief, ator Tester, Arnold A. Chacon, of Virginia, to be Border Patrol, and Catherine Emerson, Chief Human Director General of the Foreign Service, and Daniel Capital Officer, both of the Department of Home- Bennett Smith, of Virginia, to be Assistant Secretary land Security; and Brandon Judd, National Border for Intelligence and Research, all of the Department Patrol Council, Washington, D.C. of State, after the nominees testified and answered questions in their own behalf. NOMINATIONS Committee on the Judiciary: Committee concluded a DEPARTMENT OF HOMELAND SECURITY hearing to examine the nominations of Steven Paul OVERTIME Logan, John Joseph Tuchi, Diane J. Humetewa, Committee on Homeland Security and Governmental Af- Rosemary Marquez, Douglas L. Rayes, and James fairs: Subcommittee on the Efficiency and Effective- Alan Soto, all to be a United States District Judge ness of Federal Programs and the Federal Workforce for the District of Arizona, after the nominees, who concluded a hearing to examine overtime at the De- were introduced by Senators Flake and McCain, tes- partment of Homeland Security, after receiving testi- tified and answered questions in their own behalf. h House of Representatives H. Res. 465, the rule providing for consideration Chamber Action of the bill (H.R. 7) and the conference report to ac- Public Bills and Resolutions Introduced: 22 pub- company the bill (H.R. 2642), was agreed to by a lic bills, H.R. 3936–3957, were introduced. yea-and-nay vote of 224 yeas to 192 nays, Roll No. Pages H1479–80 27, after the previous question was ordered by a yea- Additional Cosponsors: Page H1481 and-nay vote of 222 yeas to 194 nays, Roll No. 26. Reports Filed: There were no reports filed today. Pages H1443–58 A point of order was raised against the consider- Speaker: Read a letter from the Speaker wherein he ation of H. Res. 465 and it was agreed to proceed appointed Representative Webster to act as Speaker with consideration of the resolution by voice vote. pro tempore for today. Page H1433 Pages H1443–45 Recess: The House recessed at 10:50 a.m. and re- A second point of order was raised against the convened at 12 noon. Pages H1438–39 consideration of H. Res. 465 and it was agreed to Journal: The House agreed to the Speaker’s approval proceed with consideration of the resolution by voice of the Journal by a yea-and-nay vote of 260 yeas to vote. Pages H1445–47 142 nays with 3 answering ‘‘present’’, Roll No. 28 Support for United States-Republic of Korea Pages H1439, H1458–59 Civil Nuclear Cooperation Act: The House agreed No Taxpayer Funding for Abortion Act: The to take from the Speaker’s table and pass S. 1901, House passed H.R. 7, to prohibit taxpayer funded to authorize the President to extend the term of the abortions, by a yea-and-nay vote of 227 yeas to 188 nuclear energy agreement with the Republic of nays with 1 answering ‘‘present’’, Roll No. 30. Korea until March 19, 2016. Pages H1472–73 Pages H1459–72 Meeting Hour: Agreed that when the House ad- Rejected the Moore motion to recommit the bill journs today, it adjourn to meet at 9 a.m. tomorrow, to the Committee on the Judiciary with instructions January 29th. Page H1473 to report the same back to the House forthwith with an amendment, by a yea-and-nay vote of 192 yeas to House Democracy Partnership—Appointment: 221 nays with 1 answering ‘‘present’’, Roll No. 29. Read a letter from Representative Pelosi, Minority Leader, in which she appointed the following Mem- Pages H1470–71 Pursuant to the rule, an amendment in the nature bers to the House Democracy Partnership: Rep- of a substitute consisting of the text of Rules Com- resentatives Price (NC), Capps, Farr, Ellison, Roybal- mittee Print 113–33 shall be considered as adopted. Allard, Davis (CA), Moore, McDermott, and Titus. Page H1473 Page H1459

VerDate Mar 15 2010 05:15 Jan 27, 2015 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD14\JAN 2014\D28JA4.REC D28JA4 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 28, 2014 CONGRESSIONAL RECORD — DAILY DIGEST D83 Recess: The House recessed at 5:18 p.m. and recon- A PROGRESS REPORT ON THE WAR ON vened at 8:41 p.m. Page H1473 POVERTY: EXPANDING ECONOMIC State of the Union Address: President Barack OPPORTUNITY Obama delivered his State of the Union address to Committee on the Budget: Full Committee held a hear- a joint session of Congress, pursuant to the provi- ing entitled ‘‘AProgress Report on The War on Pov- sions of H. Con. Res. 75. He was escorted into the erty: Expanding Economic Opportunity’’. Testimony House Chamber by a committee comprised of Rep- was heard from public witnesses. resentatives Cantor, McCarthy (CA), Walden, Lankford, Jenkins, Foxx, Pelosi, Hoyer, Clyburn, KEEPING COLLEGE WITHIN REACH: SHARING BEST PRACTICES FOR Becerra, Crowley, Israel, and DeLauro and Senators SERVINGLOW-INCOME AND FIRST Reid, Durbin, Schumer, Murray, Bennet, Stabenow, GENERATION STUDENTS Begich, McConnell, Cornyn, Thune, Blunt, and Bar- rasso. The President’s message was referred to the Committee on Education and the Workforce:: Sub- Committee of the Whole House on the State of the committee on HigherEducation and Workforce Union and ordered to be printed (H. Doc. 113–82). Training held a hearing entitled ‘‘Keeping College Pages H1473–78 Within Reach: Sharing Best Practices for Serving Low-income and First Generation Students’’. Testi- Senate Message: Message received from the Senate mony was heard from public witnesses. today appears on page H1439. Senate Referral: S. 1901 was held at the desk. MISCELLANEOUS MEASURES Quorum Calls—Votes: Five yea-and-nay votes de- Committee on Energy and Commerce: Full Committee veloped during the proceedings of today and appear concluded markup on H.R. 3826, the ‘‘Electricity on pages H1457–58, H1458, H1458–59, H1471, Security and Affordability Act’’; and H.R. 2126, the and H1472. There were no quorum calls. ‘‘Better Buildings Act of 2013’’. The bill H.R. 2126 was ordered reported, as amended; and the bill H.R. Adjournment: The House met at 10 a.m. and ad- 3826 was ordered reported, without amendment. journed at 10:27 p.m. SEMI-ANNUAL REPORT OF THE CONSUMER FINANCIAL PROTECTION BUREAU Committee Meetings Committee on Financial Services: Full Committee held a hearing entitled ‘‘The Semi-Annual Report of the REBALANCING TO THE ASIA-PACIFIC Consumer Financial Protection Bureau’’. Testimony REGION was heard from Richard Cordray, Director, Con- Committee on Armed Services: Full Committee held a sumer Financial Protection Bureau. hearing entitled‘‘Rebalancing to the Asia-Pacific Re- gion: Examining Its Implementation’’. Testimony IMPLEMENTATION OF THE IRAN NUCLEAR was heard from Frank Kendall, Under Secretary of DEAL Defense for Acquisition, Technology and Logistics, Committee on Foreign Affairs: Subcommittee on Mid- Department of Defense; and Michael D. Lumpkin, dle East and North Africa; and Subcommittee on Acting Under Secretary of Defense for Policy, De- Terrorism, Nonproliferation, and Trade held a hear- partment of Defense; and VADM Frank Pandolfe, ing entitled ‘‘Implementation of the Iran Nuclear Director, Strategic Plans and Policy, Joint Staff. Deal’’. Testimony was heard from public witnesses.

PEOPLE’S REPUBLIC OF CHINA’S EXAMINING TSA’S CADRE OF CRIMINAL INVESTIGATORS COUNTERSPACE PROGRAM AND THE IMPLICATIONS FOR U.S. NATIONAL Committee on Homeland Security: Subcommittee on SECURITY TransportationSecurity held a hearing entitled ‘‘Ex- amining TSA’s Cadre of Criminal Investigators’’. Committee on Armed Services: Subcommittee on Stra- Testimony was heard from the following Homeland tegic Forces; and Subcommittee on Seapower and Security officials: Roderick Allison, Assistant Ad- Projection Forces held a joint hearing entitled ‘‘The ministrator, Office of Inspection, Transportation Se- People’s Republic of China’s Counterspace Program curity Administration; Karen Shelton Waters, Assist- and the Implications for U.S. National Security’’. ant Administrator, Office of Human Capital, Trans- Testimony was heard from public witnesses. portation Security Administration; and Anne Rich- ards, Assistant Inspector General, Office of Audits.

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SMALL BUSINESS TRADE AGENDA: STATUS NEW PUBLIC LAWS AND IMPACT OF INTERNATIONAL (For last listing of Public Laws, see DAILY DIGEST, p. D75) AGREEMENTS H.R. 3527, to amend the Public Health Service Committee on Small Business: Subcommittee on Agri- Act to reauthorize the poison center national toll-free culture, Energy and Trade held a hearing entitled number, national media campaign, and grant pro- ‘‘Small Business Trade Agenda: Status and Impact of gram. Signed on January 24, 2014. (Public Law International Agreements’’. Testimony was heard 113–77) from James Sanford, Assistant United States Trade S. 230, to authorize the Peace Corps Commemora- Representative, Small Business, Market Access and tive Foundation to establish a commemorative work Industrial Competitiveness, Office of the Trade Rep- in the District of Columbia and its environs. Signed resentative. on January 24, 2014. (Public Law 113–78)

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, January 29 9 a.m., Wednesday, January 29

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of the Con- morning business (not to extend beyond one hour), Senate ference Report to accompany H.R. 2642—Federal Agri- will begin consideration of S. 1926, Homeowner Flood culture Reform and Risk Management Act (Subject to a Insurance Affordability Act. Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Coffman, Mike, Colo., E131 Beto O’Rourke, Tex., E131 Courtney, Joe, Conn., E128, E130 Pascrell, Bill, Jr., N.J., E132 Andrews, Robert E., N.J., E126 Eshoo, Anna G., Calif., E129 Pastor, Ed, Ariz., E125 Barber, Ron, Ariz., E128 Fudge, Marcia L., Ohio, E129 Peters, Gary C., Mich., E126 Barletta, Lou, Pa., E133 Hastings, Doc, Wash., E129 Sablan, Gregorio Kilili Camacho, Northern Mariana Bass, Karen, Calif., E131 Honda, Michael M., Calif., E123 Islands, E130 Bishop, Timothy H., N.Y., E132 Huffman, Jared, Calif., E123, E126 Bordallo, Madeleine Z., Guam, E125 Hurt, Robert, Va., E133 Smith, Christopher H., N.J., E124, E126 Bucshon, Larry, Ind., E130 McNerney, Jerry, Calif., E129 Swalwell, Eric, Calif., E128 Byrne, Bradley, Ala.,E128, E132 Miller, George, Calif., E129 Thompson, Mike, Calif., E130, E132 Calvert, Ken, Calif., E127, E133 Norton, Eleanor Holmes, D.C., E123 Weber, Randy K. Jr., Tex., E123 Cartwright, Matt, Pa., E127 Nunes, Devin, Calif., E131 Welch, Peter, Vt., E131

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