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

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

Vol. 160 WASHINGTON, THURSDAY, JULY 24, 2014 No. 117 Senate The Senate met at 9:30 a.m. and was appoint the Honorable JOHN E. WALSH, a The ACTING PRESIDENT pro tem- called to order by the Honorable JOHN Senator from the State of Montana, to per- pore. The clerk will read the bill by E. WALSH, a Senator from the State of form the duties of the Chair. title for the second time. Montana. PATRICK J. LEAHY, The assistant legislative clerk read President pro tempore. as follows: PRAYER Mr. WALSH thereupon assumed the A bill (S. 2648) making emergency supple- Chair as Acting President pro tempore. The Chaplain, Dr. Barry C. Black, of- mental appropriations for the fiscal year f ending September 30, 2014, and for other pur- fered the following prayer: poses. Let us pray. RECOGNITION OF THE MAJORITY Mr. REID. Mr. President, I object to Eternal God, our rock and fortress, LEADER any further proceedings with respect to thank You for even giving us credit for The ACTING PRESIDENT pro tem- this legislation. our good intentions. You examine our pore. The majority leader is recog- The ACTING PRESIDENT pro tem- motives, discerning the nuances of our nized. pore. Objection having been heard, the motivation and the chasm between bill will be placed on the calendar. what we desire and what we are able to f f accomplish. Lord, we are grateful for SCHEDULE Your mercy that does not make our REMEMBERING OFFICERS JOHN Mr. REID. Mr. President, following limitations the standard for judging us, GIBSON AND JACOB CHESTNUT my remarks and those of the Repub- but You accept our faith in Your re- lican leader, the Senate will resume Mr. REID. Mr. President, many years demptive power. consideration of the motion to proceed ago I came to Washington, DC, to go to Give our Senators a blessed day. May to Calendar No. 453, the Bring Jobs law school. I came back here because they produce a harvest of good deeds Home Act. This will be postcloture Nevada did not have a law school. Al- for Your glory. Help them to submit to time. Cloture has been invoked on this though I had opportunities to go other Your spirit’s control. Provide them measure. places, I came back here because it was with vision, wisdom, and courage to At 1:45 this afternoon there will be a kind of the thing Nevadans did. I got a meet today’s challenges. voice vote on the adoption of the mo- job through my Nevada Congressman— We pray in Your great Name. Amen. we only had one at the time—Walter S. tion to proceed to the Bring Jobs Home Baring. I had what was called a patron- f Act. There will be a rollcall vote on the age job. I was a Capitol police officer. I motion to invoke cloture on the nomi- PLEDGE OF ALLEGIANCE was assigned here to the Capitol, as- nation of Pamela Harris to be a U.S. signed to the House side. That is what The Presiding Officer led the Pledge circuit judge for the Fourth Circuit, I did. My badge is still in my con- of Allegiance, as follows: followed by a voice vote on confirma- ference room. I worked the evening I pledge allegiance to the Flag of the tion of the nomination of Lisa Disbrow United States of America, and to the Repub- shift—from 3 to 11, as I recall. to be an Assistant Secretary of the Air When I was a member of the Capitol lic for which it stands, one nation under God, Force. indivisible, with liberty and justice for all. Police Force, as I have said here on the ORDER OF PROCEDURE floor, I did not do anything that was f I ask unanimous consent that at 3:40 very dangerous. The most dangerous APPOINTMENT OF ACTING this afternoon, the Senate conduct a thing I did was direct traffic out on PRESIDENT PRO TEMPORE moment of silence in memory of the Constitution Avenue. At that time 1998 Capitol shooting that resulted in The PRESIDING OFFICER. The they had subway tracks in the road, the deaths of Special Agent John Gib- clerk will please read a communication and cars would bounce around. I did son and Officer Jacob Chestnut. to the Senate from the President pro not do anything that was very dan- The ACTING PRESIDENT pro tem- tempore (Mr. LEAHY). gerous; but I was a police officer. I am pore. Without objection, it is so or- The assistant legislative clerk read very proud of that. dered. In this Senate Chamber, as we speak, the following letter: f there are people who are assigned to U.S. SENATE, take care of us, staff, and all of the PRESIDENT PRO TEMPORE, MEASURE PLACED ON THE tourists who come in. We have tourists Washington, DC, July 24, 2014. CALENDAR—S. 2648 To the Senate: in the galleries. The police officers are Under the provisions of rule I, paragraph 3, Mr. REID. Mr. President, S. 2648 is assigned everyplace. Some have uni- of the Standing Rules of the Senate, I hereby due for a second reading. forms; most of them do not. Their job

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

S4851

VerDate Mar 15 2010 01:49 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.000 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4852 CONGRESSIONAL RECORD — SENATE July 24, 2014 is to do everything they can to make much: Officer J.J. Chestnut and Detec- Coal Jobs Act. He has already blocked sure this magnificent Capitol Complex tive John Gibson. Exactly 16 years ago this bill once before, but I will give is safe. Every day there are people who, these Capitol policemen were shot in him a chance to reconsider. if they could, would do damage to this the line of duty, paying a terrible price Everyone knows the administration’s Capitol and to the people who work in defense of every one of us—Senators, war on coal jobs is little more than an here. staffers, pages, fellow officers, and elitist crusade that threatens to under- In 1998 two of our Capitol police offi- every American citizen who passes mine Kentucky’s traditionally low cers were on duty. A crazed man—16 through these hallowed halls. These utility rates, splinter our manufac- years ago—came into the Capitol and men knew the grave risk that came turing base, and ship well-paying jobs shot Jacob Chestnut cold dead, right with the job. Yet they chose to wear overseas. My amendment seeks to push there at what we call the Memorial the badge anyway. They made the deci- back against this war on coal, this war Door. John Gibson heard this commo- sion to stand in defense of the demo- on ordinary American livelihoods, and tion and saved many tourists and staff cratic ideal this building symbolizes. it seeks to help protect the administra- from this crazed man, but in the proc- We owe these men a debt that can tion’s targets too—Kentucky coal fam- ess he was also killed. Both officers never be repaid. So let’s never forget ilies who want little more than to put died that day. They had served a com- their lives or their final act of heroism. food on the table and give their chil- bined 36 years on the force protecting We are reminded every time we pass dren a better life. It is really not too all of us and all of the many people the Capitol Police headquarters, which much to ask. So the majority leader who come to this Capitol Complex. bears both of their names. We are re- has a choice. Is he in favor of shipping I know the families of these two offi- minded every time we notice the Kentucky jobs overseas or will he help cers. I have met with them on a yearly plaque in the Capitol that commemo- me protect the middle class by supporting this amendment? basis. I know nothing can make up for rates them. We are reminded by observ- Regardless of what he decides, the loss of these two fine men 16 years ing today’s men and women of the U.S. though, I am going to keep fighting ago, but I hope their families and Capitol Police as they continue to pro- against this administration’s unfair friends take comfort in knowing that tect this institution, honorably con- regulations. Yesterday the EPA Ad- those of us who were here that day hold tinuing the watch of these two fallen ministrator came to Capitol Hill to de- them in our memories and in our officers. fend the administration’s extreme pro- hearts. Today the Senate honors Officer posed energy regulations. She tried to While it is little solace to their fami- Chestnut and Detective Gibson for assure legislators that the administra- lies, the tragedy that day made the their sacrifice. We send our sincere tion wanted input from the public as it Capitol a safer place. It was because of condolences to the family and friends went about developing and imple- them that we finally were able to make left behind. menting its job-killing agenda. But it this a safer place. We had worked on it f is hard to take her seriously because for well more than 10 years. We now AMERICAN JOBS earlier this week I met with her in per- have a visitor center. You walk out- son and urged her to hold at least one side; you see a beautiful lawn. Under Mr. MCCONNELL. Mr. President, if listening session in coal country, the that is a visitor center. There is as Senate Democrats were half as con- region most likely to be affected by the much underground there as on top of cerned about American jobs as they are administration’s regulations. She was the ground. about saving their own jobs this No- unmoved. Apparently the Obama ad- Now people can come into the Cap- vember, there would be almost no limit ministration isn’t all that interested in itol. They can be safe and secure. There to what we could accomplish. Yet, what Kentucky thinks. Well, if Wash- are places to go to the bathroom. There rather than work with us to get any- ington officials won’t come to Ken- is food and wonderful viewing in that thing serious accomplished for our con- tucky, then Kentuckians will come to complex. So because of these two men, stituents, we see the majority leader Washington. Beginning next week, the we were able to get that done and once again bowing to the whims of his administration plans to hold one of its make the Capitol a safer place. We campaign consultants and the Senate listening sessions in Washington. I plan have a Capitol visitor center now becoming little more than a campaign to testify and so do several of my con- which prevents a madman like the one studio this week. stituents. Even though they will have who shot these two police officers from The majority leader can spend all of to travel hundreds of miles to get here, entering the Capitol. We are grateful his time fighting for the consultant these Kentuckians will make Wash- for their sacrifice. We are grateful class if he wants, but that will not stop ington understand they are more than every day to the devoted men and Republicans from offering common- just some statistic. They are our neigh- women like them who guard these hal- sense, job-saving ideas that both sides bors, they are moms and dads, and they lowed halls. should be able to support. For example, refuse to be collateral damage in some As I remember, we had a Senate re- the senior Senator from Utah will offer elitist war dreamed up in a bureau- treat in southern Virginia. My wife be- an amendment that would repeal a cratic boardroom in Washington. Democratic tax that helped push man- came ill. As I have said a number of f times before, Agent Gibson rushed to ufacturing overseas and could kill as her side. He had to run a long way from many as 165,000 American jobs. It is a HONORING OUR ARMED FORCES where they were. I can remember how measure that would likely pass if the LT. COL. JOHN DARIN LOFTIS he was perspiring when he came in. So majority leader would only allow a Mr. President, today I celebrate the I have fond memories of these two po- vote. I know some of our friends on the life of a Kentucky airman who lost his lice officers and recognize the sacrifice other side plan to offer amendments life while wearing our country’s uni- they made for us. too. The question is, Will those Sen- form. Lt. Col. John Darin Loftis of Pa- ators join us to demand that their f ducah, KY, a 17-year veteran of the Air amendments be considered too or will Force, was killed on February 25, 2012, RECOGNITION OF THE MINORITY they allow the majority leader to shut in an attack on the Interior Ministry LEADER down the legislative process one more in Kabul, Afghanistan. He was 44 years The ACTING PRESIDENT pro tem- time, silencing their constituents. I old. pore. The Republican leader is recog- hope they will make the right decision. For his service in uniform, Lieuten- nized. Since the majority leader seems so ant Colonel Loftis received several f determined to convince everyone that awards, medals, and decorations, in- he cares about protecting American cluding the Bronze Star, the Purple REMEMBERING OFFICERS JOHN jobs this week, I am going to offer an Heart, the Meritorious Service Medal GIBSON AND JACOB CHESTNUT opportunity to prove he is serious with oak leaf cluster, the Air Force Mr. MCCONNELL. Mr. President, about it. He can do it by allowing a Commendation Medal, the Army today I would like to begin by remem- vote or even voting himself for an Achievement Medal, and the Air Force bering two men to whom we owe so amendment of mine called the Saving Combat Action Medal.

VerDate Mar 15 2010 01:49 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.002 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4853 Darin, as his friends called him, was to Afghanistan for his second deploy- The ACTING PRESIDENT pro tem- working in the ministry as an adviser ment with the 866th Air Expeditionary pore. The Senator from Kansas. to a program that developed a team of Squadron in 2011. Mr. MORAN. Mr. President, I ask U.S. service personnel skilled in Af- Darin continued to be an excellent unanimous consent to speak as if in ghan and Pakistani culture and lan- student, earning three master’s degrees morning business. guage. Darin himself spoke the Pashto over the course of his Air Force career. The ACTING PRESIDENT pro tem- language fluently and also was pro- His wife Holly recalls: ‘‘He loved learn- pore. Without objection, it is so or- ficient in Dari and Arabic, enabling ing . . . he loved going to school.’’ dered. him to relate to the local Afghans. Family was especially important to ISRAEL-GAZA CONFLICT Darin was a liaison officer with top Af- Darin. John M. Loftis, Darin’s father, Mr. MORAN. Mr. President, thank ghan National Police officials in said: you very much. Pashto. He lived for his kids and his family, I can For 3 weeks we have seen fighting Darin’s work was so important that tell you that. When he was home, he fooled going on in Israel and the Gaza Strip after his death he was praised by the with those kids all the time. He’d take them carried on between the Israeli military Governor of Afghanistan’s Zabul Prov- to school. They are going to miss him. and Hamas. In both Gaza and Israel ince. The Governor said this about Darin was so skilled in commu- lives, unfortunately, are being lost, Darin: nicating and respected for cementing homes are destroyed, families are dev- When the Afghan people see that an Amer- relationships with the Afghans he astated, security is threatened, and ican is speaking Pashto, they’re more in- worked with in Kabul that during his daily life is polluted by this war. clined to open up to him, and that’s the rea- tour in 2009 he was given a Pashto Since the fighting began, Hamas has son why he’s so successful. He can go among name—Esan—which translates to mean made it abundantly clear it is unwill- the local population and get their impression generous. Darin explained the nick- ing to behave in any responsible man- of U.S. forces. He can do this better than any name to his daughters by saying: ‘‘It’s ner. The organization is using civilian other soldier because he speaks their lan- an honorable sense of duty to help oth- guage and knows their culture. areas such as schools and hospitals, ers.’’ mosques and playgrounds, as rocket- Darin’s commander, Lt. Gen. Eric In Darin’s memory, the U.S. Air launching sites. Caches of rockets have Fiel of the Air Force Special Oper- Force Special Operations School in been discovered inside two Gaza ations Command, said this about Florida dedicated the school’s audito- schools sponsored by the United Na- Darin: Lieutenant Colonel Loftis ‘‘em- rium in his name—an auditorium Darin tions. A chance for peace emerged bodies the first Special Operations himself had previously taught and lec- when Egypt put forward a cease-fire Forces truth that humans are more tured in. The class of 1986 at Darin’s plan that Israel agreed to. Hamas re- valuable than hardware, and through alma mater, Calloway County High fused to cease hostilities. Later Israel his work with the Afghan people, he School, organized an annual scholar- agreed to a temporary truce, the pause was undoubtedly bettering their soci- ship fund in his name, beginning with requested by Hamas to facilitate the ety.’’ two $1,000 scholarships to members of delivery of humanitarian supplies to Darin’s wife Holly agrees with these the Class of 2014. Gaza. Despite the Israeli cooperation, kind words but has one more important We are thinking of Darin’s family Hamas quickly violated the cease-fire, point to add: ‘‘Darin was a great Amer- today as I share his story with my Sen- resuming rocket launches into Israeli ican, but more importantly he was a ate colleagues. He leaves behind his territory. devoted father to our two daughters, a wife Holly, his two daughters Alison Hamas’s actions seek to kill and ter- loving husband, and caring son.’’ and Camille, his mother Chris Janne, Born on February 22, 1968, in Indiana, rorize those across the Israeli border his father John M. Loftis, his brother- while they also do great harm to the Darin’s family moved to Kentucky in-law Brian Brewer, and many other when he was 3 years old. He attended people of Gaza. Ending the rocket at- beloved family members and friends. tacks would hasten an end to the cur- Calloway County schools from kinder- The Airman’s Creed, learned by every garten through his senior year in high rent violence and bloodshed that has American airmen, reads in part as fol- taken a disproportionate toll on Gazan school, from where he graduated in lows: 1986. Described as a high school whiz lives. I am an American Airman. . . . On July 17, the Senate unanimously kid by some, Darin received excellent Guardian of Freedom and Justice, passed a resolution to express Amer- grades and drove a black Studebaker My Nation’s Sword and Shield, ican support for Israeli self-defense ef- with plain, cream-colored tires. Its Sentry and Avenger. forts and called for an immediate ces- Jerry Ainley, former principal of I defend my Country with my Life. Calloway County High School, said: sation of Hamas’s attacks against I hope the family of Lt. Col. John Israel. S. Res. 498 also serves as a re- He was such a fine young man. I remember Darin Loftis knows this Senate be- his smile when he’d greet me in the hall- minder to anyone ascribing legitimacy lieves his life and his service fulfilled to Hamas’s deadly aggression toward ways. He was very polite, a young man of every word of this sacred motto. That high morals and high integrity, I guess ev- Israel; despite any governing agree- erything you’d think of in an airman. is why we pause today to remember his ment with Fatah and the Palestinian life, recognize his service, and stand Darin went on to study engineering Authority, Hamas’s violence is not le- grateful for his sacrifice. at Vanderbilt. While there, he met a gitimate in the eyes of the United girl named Holly while working for a f States of America. Since 1997, Hamas university service that arranged secu- RESERVATION OF LEADER TIME has been included on the U.S. State De- rity for anyone requesting it rather The ACTING PRESIDENT pro tem- partment’s list of designated foreign than walking on campus alone. pore. Under the previous order, the terrorist organizations. The group’s on- Darin and Holly got married, and in leadership time is reserved. going attack on civilian targets further 1992 the couple joined the Peace Corps. justifies this designation. f Together they served 2 years in Papua, Hamas’s participation in a unity gov- New Guinea, with the Duna tribe, BRING JOBS HOME ACT—MOTION ernment limits improvements to life in where Darin spoke Melanesian pidgin. TO PROCEED Gaza as American law restricts U.S. He clearly had a gift for languages. The ACTING PRESIDENT pro tem- aid to Palestinian groups aligned with Loftis entered the Air Force in 1996 pore. Under the previous order, the terrorist organizations such as Hamas. and received his commission through Senate will resume consideration of Gaza’s poor economic state, which is officer training school. Originally clas- the motion to proceed to Calendar No. cited by Hamas as justification for sified as a space and missile officer, he 453, S. 2569, which the clerk will report. their attacks on Israel, is not at all im- became a regional affairs strategist in The assistant legislative clerk read proved by Hamas’s belligerence. In- 2008. as follows: stead, Hamas’s strategy of violence By his first tour in Afghanistan in Motion to proceed to Calendar No. 453, S. only worsens Gaza’s economic outlook. 2009, he had become a major serving in 2569, a bill to provide an incentive for busi- Hamas’s actions compound the con- special operations forces. He deployed ness to bring jobs back to America. sequences of funding weapons and

VerDate Mar 15 2010 03:42 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.004 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4854 CONGRESSIONAL RECORD — SENATE July 24, 2014 smuggling tunnels rather than invest- Management Service. During his 10 The ACTING PRESIDENT pro tem- ing in the future of Gaza and its people, years at Treasury, he served as the pore. Without objection, it is so or- the point being that what Hamas is Commissioner of Treasury’s Financial dered. doing is damaging to the people of not Management Service and as the Com- UNANIMOUS CONSENT AGREEMENT—EXECUTIVE only Israel but to the folks who live in missioner of the Bureau of Public Debt. CALENDAR Gaza. Mr. Gregg retired—for the first Mr. REID. Mr. President, I ask unan- This reality begs observers to ques- time—in June 2006 and was asked to re- imous consent that at a time to be de- tion Hamas’s commitment to the peo- turn to Treasury in 2009 to serve as Fis- termined by me, with the concurrence ple it supposedly represents. Since the cal Assistant Secretary. Mr. Gregg re- of Senator MCCONNELL, the Senate pro- beginning of the current conflict, tired again this month, and in honor of ceed to executive session to consider Hamas’s commitment to violence his second retirement I wanted to high- Calendar No. 952; that there be 4 hours against Israel appears to be their pri- light a couple of his noteworthy ac- for debate equally divided in the usual mary mission, not the care and well- complishments. form; that upon the use or yielding being of their people. Unless cessation During his long tenure at Treasury, back of time, the Senate proceed to of hostilities becomes Hamas’s pri- Mr. Gregg was well known for his inno- vote without intervening action or de- ority, Israel will retain and must re- vative thinking, the ability to make bate on the nomination; that if contain the right to defend its people and hard decisions, and the desire to make firmed, the motion to reconsider be the welfare of those living in Gaza will government more efficient, more open, made and laid upon the table with no regretfully continue to deteriorate. and, very importantly, less costly. intervening action or debate; that no Americans would not tolerate this. Mr. Gregg led the Treasury into the further motions be in order to the nom- We would not. Our constituents would 21st century by modernizing Federal ination; that any statements related to be insistent that we not tolerate the payment operations. He moved Treas- the nomination be printed in the threat of terrorism that Israel faces on ury from paper-based benefits pay- RECORD; that the President be imme- a daily basis. Since 1947, attacks from ments toward the more sensible, se- diately notified of the Senate’s action its neighboring Arab States have re- cure, and reliable electronic payment and the Senate then resume legislative peatedly forced Israel to defend its peo- system. We should have done that a lot session. ple. earlier. This is a really big deal since The ACTING PRESIDENT pro tem- This Senate has and will continue to Treasury makes more than 1 billion pore. Without objection, it is so or- demonstrate that the United States payments per year—think about that, dered. stands with Israel, especially during more than 1 billion separate payments Mr. REID. I note the absence of a these turbulent times as Israel takes per year—including all Social Security quorum. necessary action to reduce Hamas’s benefit payments as well as others. His The ACTING PRESIDENT pro tem- means of terror, to disarm those who work will help save taxpayers $1 billion pore. The clerk will call the roll. stand firmly in the way of a real and over the next decade. That is a pretty The legislative clerk proceeded to lasting peace. call the roll. Mr. President, I yield the floor, and I great value. Mr. Gregg also helped achieve one of Mr. TESTER. Mr. President, I ask suggest the absence of a quorum. The ACTING PRESIDENT pro tem- the more rare feats in the Federal Gov- unanimous consent that the order for pore. The clerk will call the roll. ernment—the actual consolidation of the quorum call be rescinded. The legislative clerk proceeded to Federal programs. Mr. Gregg recog- The ACTING PRESIDENT pro tem- call the roll. nized that operations could be im- pore. Without objection, it is so or- Mr. WARNER. Mr. President, I ask proved if Treasury consolidated two dered. unanimous consent that the quorum complementary Treasury agencies into Mr. TESTER. Mr. President, are we call be rescinded. one. By merging Treasury’s Financial in morning business? The ACTING PRESIDENT pro tem- Management Service, which makes The ACTING PRESIDENT pro tempore. Without objection, it is so or- government payments, with Treasury’s pore. The Senate is postcloture on the dered. Bureau of Public Debt, which borrows motion to proceed. HONORING FEDERAL EMPLOYEES the money to fund government, tax- Mr. TESTER. I ask unanimous con- Mr. WARNER. Mr. President, I rise payers will save tens of millions over sent to speak as in morning business. to call attention to the important ef- the next decade. The ACTING PRESIDENT pro tem- forts made each day by our public serv- This isn’t going to clear up our $17 pore. Without objection, it is so or- ants. We often forget that our public trillion in debt that goes up $3 billion dered. servants are Federal employees who go a night, but these are the kinds of com- VA HEALTH CARE to work every day with the sole mis- monsense steps in the right direction Mr. TESTER. Mr. President, I have sion to make this country a better and we need to see more often. come to realize that we are never going safer place to live. Day after day they I am also proud that Mr. Gregg is not to get politics completely out of the go about their work receiving little only an inspiring public servant, but he legislative process. In the system we recognition for the great work they do, is also a Virginian. He resides in have today, there is always another and many times, unfortunately, they Springfield, VA. election and there is always another are actually berated rather than ac- I thank Mr. Richard L. Gregg for his campaign. This political posturing claimed for what they do during dif- leadership at the Department of Treas- must be addressed. It is hurting our de- ficult times. ury and for being a tireless advocate mocracy, and it is a prime reason Since 2010 I have come to the Senate for the American people. His work in Congress’s approval rating is in the floor on a regular basis to honor exem- support of a more efficient, responsive, single digits. plary Federal employees, a tradition and accountable government will con- Today politics is hurting the men that was begun by my friend from tinue to make government work better and women who bravely served our Na- Delaware Senator Ted Kaufman. for all Americans for many years to tion. It is hurting our veterans. Today I wish to take this oppor- come. When the news about the problems at tunity to recognize another extraor- Mr. President, I yield the floor, and I the VA became public, lawmakers ran dinary public servant who has served in note the absence after quorum. to the press and slammed the VA. They the U.S. Department of Treasury for 41 The ACTING PRESIDENT pro tem- called for reform and accountability. years. Forty-one years. That is not a pore. The clerk will call the roll. They even dragged good men through typo. Mr. Richard L. Gregg has dedi- The legislative clerk proceeded to the mud to score political points. cated more than four decades to Fed- call the roll. Members from both sides of the aisle eral service. He most recently served as The ACTING PRESIDENT pro tem- said politics needed to be set aside be- the Fiscal Assistant Secretary at the pore. The majority leader. cause if there is just one thing that U.S. Department of the Treasury. Mr. REID. Mr. President, I ask unan- should cause our politicians to look Mr. Gregg began his Federal civilian imous consent that the order for the past political games, it is our veterans. service in 1970 at Treasury’s Financial quorum call be rescinded. It is our commitment to our veterans,

VerDate Mar 15 2010 01:49 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.006 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4855 our commitment to making sure they The PRESIDING OFFICER (Mr. to, when they are ill, get in their car get the care they have earned. But BOOKER). The clerk will call the roll. and travel for 3 or 4 hours to get health today some lawmakers decided to forgo The legislative clerk proceeded to care at a VA facility. They will be able the hard work of compromise. Instead call the roll. to go to a non-VA facility, a private of putting veterans first, they have Mr. SANDERS. Mr. President, I ask physician, if they live more than 40 made improving veterans care polit- unanimous consent that the order for miles away from a VA facility. I think ical. the quorum call be rescinded. that is a significant step forward. We have been working for 6 weeks to The PRESIDING OFFICER. Without But what our legislation also does is find a compromise bill that improves objection, it is so ordered. address an issue of huge concern to the veterans’ access to care, that holds the Mr. SANDERS. Mr. President, on veterans community. Just yesterday— VA more accountable, and that hires June 11—a month and a half ago—in a just yesterday—I received, and many more medical professionals so veterans very strong bipartisan way, the Senate members in the Veterans’ Committee can get the care they need when they voted 93 to 3—an overwhelming vote— received, a letter from 16 major vet- need it. But for 6 weeks Members on to pass legislation written by Senator erans organizations. I ask unanimous the other side of the aisle in both the JOHN MCCAIN, a Republican, and myself consent to have the letter printed in House and the Senate have balked at to address crises facing our veterans the RECORD. the cost of taking care of our veterans. community and the VA and to protect There being no objection, the mate- Many of these lawmakers are the same and defend the men and women who rial was ordered to be printed in the ones—the same ones—who put our wars have put their lives on the line to de- RECORD, as follows: in Iraq and Afghanistan on a credit fend us. I wish to take this opportunity JULY 23, 2014. card. Many of them didn’t blink twice again to thank Senator MCCAIN for his Chairman BERNIE SANDERS, when we sent hundreds of troops into very strong efforts on getting that leg- Senate Committee on Veterans’ Affairs, Iraq earlier this month. Way back islation passed. Washington, DC. when, when the Iraq war was author- As you know, the legislation we Ranking Member RICHARD BURR, Senate Committee on Veterans’ Affairs, ized, Congress spent less than 3 weeks passed was estimated by the Congres- sional Budget Office, the CBO, to cost Washington, DC. debating Iraq. But now when it comes Chairman JEFF MILLER, to taking care of our men and women about $35 billion. At just about the House Committee on Veterans’ Affairs, who served—many in the same wars same time, the House of Representa- Washington, DC. they put on a credit card—they worry tives passed legislation dealing with, Ranking Member MIKE MICHAUD, about the cost. more or less, the same issues, and the House Committee on Veterans’ Affairs, Well, I have news for them: Taking bill they passed in the House was esti- Washington, DC. care of our veterans is a cost of war. mated by CBO to cost $44 billion—$9 CHAIRMAN SANDERS, CHAIRMAN MILLER, RANKING MEMBER BURR, RANKING MEMBER We do not send young Americans to billion more than what we passed in the Senate. MICHAUD: Last week, Acting Secretary Sloan war and then not take care of them. Gibson appeared before the Senate Veterans’ And it should not be the case that we In the last 6 weeks, my staff, my col- Affairs Committee to discuss the progress rush to war but drag our feet when it leagues, and I have been working very made by the Department of Veterans Affairs comes to our vets. hard to refine this legislation, to come (VA) over the past two months to address the Republicans today will announce up with a more reasonable pricetag, health care access crisis for thousands of they are forgoing the veterans con- and to address the needs of our vet- veterans. Secretary Gibson testified that ference committee and introducing a erans community in a significant way. after re-examining VA’s resource needs in bill of their own. It is not a proposal In that process, I have been accused by light of the revelations about secret waiting some of ‘‘moving the goalposts.’’ I lists and hidden demand, VA required supple- aimed at benefiting our veterans. It is mental resources totaling $17.6 billion for not. It is not a bill that takes the best guess I have. I have moved the goal- the remainder of this fiscal year through the ideas of veterans organizations, ex- posts so the legislation we are intro- end of FY 2017. perts, or VA officials and moves the ducing today is substantially lower— As the leaders of organizations rep- ball forward. It is a proposal that is substantially lower—than what passed resenting millions of veterans, we agree with meant to gain political favor. It is a the Senate and what passed the House. Secretary Gibson that there is a need to pro- proposal that sheds the responsibility If that is called moving the goalposts, vide VA with additional resources now to en- I suspect in this case it is moving the sure that veterans can access the health care of governing, of honoring our commit- they have earned, either from VA providers ment to veterans. It is a proposal that goalposts in a positive direction. In or through non-VA purchased care. We urge is aimed at the November election. fact, the bill we are presenting would Congress to expeditiously approve supple- Chairman SANDERS has been working cost less than $25 billion—a lot of mental funding that fully addresses the crit- hard to bridge the divide and produce a money, no doubt—but that is some $10 ical needs outlined by Secretary Gibson ei- bill that gets veterans the support they billion less than what we passed on the ther prior to, or at the same time as, any need and can pass in Congress, but Senate floor, and it is $19 billion less compromise legislation that may be reported out of the House-Senate Conference Com- Chairman SANDERS can’t do it himself, than what the House passed. mittee. Whether it costs $17 billion or $50 bil- and neither can just one-half of the Our proposal is a commonsense proposal which deals in a significant way lion over the next three years, Congress has conference committee. a sacred obligation to provide VA with the I am incredibly disappointed by what with the needs of the veterans commu- funds it requires to meet both immediate is taking place today. I had real hopes nity. What it does is provide emer- needs through non-VA care and future needs that this conference committee could gency funding for contract services so by expanding VA’s internal capacity. rise above the political process and get veterans can, when they find them- Last month, we wrote to you to outlining something done for our veterans. selves in long waiting periods—as in the principles and priorities essential to ad- I have been holding listening sessions fact is the case in a number of loca- dressing the access crisis, a copy of which is with Montana’s veterans since early tions around the country—they can go attached. The first priority ‘‘. . . must be to ensure that all veterans currently waiting June. They didn’t have much faith. outside of the VA and get private for treatment must be provided access to Those veterans did not have much faith health care or care at a community timely, convenient health care as quickly as in Washington politicians solving the health center or whatever. They no medically indicated.’’ Second, when VA is problem, but I told them it could be longer have to wait during this emer- unable to provide that care directly, ‘‘. . . done. If we don’t change course, if we gency period for long periods of time to VA must be involved in the timely coordina- don’t leave politics at the door as we get into the VA. I think that is a very tion of and fully responsible for prompt pay- promised, then it is going to be hard important part of this proposal. It is ment for all authorized non-VA care.’’ Third, for me to go back to Montana and look something we have to do. Congress must provide supplemental funding In addition, what we also say is if a for this year and additional funding for next those veterans in the eye. year to pay for the temporary expansion of We can do better, and we must do veteran is living more than 40 miles non-VA purchased care. Finally, whatever better. from a VA facility—and there are vet- actions VA or Congress takes to address the Mr. President, I yield the floor and erans who in some cases are living hun- current access crisis must also ‘‘. . . protect, suggest the absence of a quorum. dreds of miles away—they do not have preserve and strengthen the VA health care

VerDate Mar 15 2010 03:42 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.008 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4856 CONGRESSIONAL RECORD — SENATE July 24, 2014 system so that it remains capable of pro- space to deliver timely, high-quality care. Force Sergeants Association; VADM viding a full continuum of high-quality, Over the past five years alone, that shortfall John Totushek, USN (Ret), Executive timely health care to all enrolled veterans.’’ is more than $6.6 billion and for next year Director, Association of the U.S. Navy In his testimony to the Senate, Secretary the VA budget request is more than $2.5 bil- (AUSN); Herb Rosenbleeth, National Gibson stated that the Veterans Health Ad- lion less than the IB recommendation. Fund- Executive Director, Jewish War Vet- ministration (VHA) has already reached out ing for nonrecurring maintenance (NRM) has erans of the USA; Heather L. Ansley, to over 160,000 veterans to get them off wait also been woefully inadequate. Importantly, Esq., MSW, Vice President, VetsFirst, lists and into clinics. He said that VHA ac- the IB recommendations closely mirror VA’s a program of United Spinal Associa- complished this by adding more clinic hours, Strategic Capital Investment Plan (SCIP), tion; CW4 (Ret) Jack Du Teil, Execu- aggressively recruiting to fill physician va- which VA uses to determine infrastructure tive Director, United States Army cancies, deploying mobile medical units, needs. According to SCIP, VA should invest Warrant Officers Association; John R. using temporary staffing resources, and ex- between $56 to $69 billion in facility improve- Davis, Director, Legislative Programs, panding the use of private sector care. Gib- ments over the next ten years, which would Fleet Reserve Association; Robert Cer- son also testified that VHA made over 543,000 require somewhere between $5 to $7 billion tain, Executive Director, Military referrals for veterans to receive non-VA care annually. However, the Administration’s Chaplain Association of the United in the private sector—91,000 more than in the budget requests over the past four years States; Michael A. Blum, National Ex- comparable period a year ago. In a subse- have averaged less than $2 billion annually ecutive Director, Marine Corps League. quent press release, VA stated that it had re- for major and minor construction and for Mr. SANDERS. Mr. President, 16 duced the New Enrollee Appointment Report NRM, and Congress has not significantly in- (NEAR) from its peak of 46,000 on June 1, 2014 creased those funding requests in the final major veterans organizations, includ- to 2,000 as of July 1, 2014, and that there was appropriations. ing the Disabled American Veterans, also a reduction of over 17,000 veterans on Taking into account the progress achieved the Veterans of Foreign Wars—the the Electronic Waiting List since May 15, by VA over the past two months, and consid- VFW—Paralyzed Veterans of America, 2014. We appreciate this progress, but more ering the funding shortfalls our organiza- the Vietnam Veterans of America, the must be done to ensure that every enrolled tions have identified over the past decade Iraq and Afghanistan Veterans of veteran has access to timely care. and in next year’s budget, the undersigned America, the Military Officers Associa- The majority of the supplemental funding believe that Congress must quickly approve required by VA, approximately $8.1 billion, supplemental funding that fully meets the tion of America, and many others— would be used to expand access to VA health critical needs identified by Secretary Gib- wonderful veterans organizations that care over the next three fiscal years by hir- son, and which fulfills the principles and pri- have worked for years representing the ing up to 10,000 new clinical staff, including orities we laid out a month ago. Such an ap- needs of millions and millions of vet- 1,500 new doctors, nurses and other direct proach would be a reasonable and practical erans—what these organizations say in care providers. That funding would also be way to expand access now, while building in- this letter is that while we must ad- used to cover the cost of expanded non-VA ternal capacity to avoid future access crises dress the immediate crisis of doing purchased care, with the focus shifting over in the future. In contrast to the legislative away with these long waiting lines and the three years from non-VA purchased care proposals in the Conference Committee to VA-provided care as internal capacity in- which would require months to promulgate allowing veterans to get private care, creased. The next biggest portion would be $6 new regulations, establish new procedures what they also say—loudly and clear- billion for VA’s physical infrastructure, and set up new offices, the VA proposal could ly—is that the VA must have the doc- which according to Secretary Gibson would have an immediate impact on increasing actors, the nurses, and the space capacity include 77 lease projects for outpatient clin- cess to care for veterans today by building that it needs so that in the future it ics that would add about two million square upon VA’s ongoing expanded access initia- will be able to permanently eliminate feet, as well as eight major construction tives and sustaining them over the next these long waiting lines so that 2 years projects and 700 minor construction and non- three years. Furthermore, by investing in from now, 3 years from now, when vet- new staff and treatment space, VA would be recurring maintenance projects that to- erans come into the VA, they will get gether could add roughly four million ap- able to continue providing this expanded pointment slots at VA facilities. The remain- level of care, even while increasing its use of quality care, they will get timely care. der of the funding would go to IT enhance- purchased care when and where it is needed. That is what the veterans organiza- ments, including scheduling, purchased care In our jointly signed letter last month, we tions have said. and project coordination systems, as well as applauded both the House and Senate for I will quote to you one small para- a modest increase of $400 million for addi- working expeditiously and in a bipartisan graph of a long letter. They say that tional ‘‘VBA staff to address the claims and manner to move legislation designed to ad- the charge of the conference com- appeals backlogs. dress the access crisis, and we understand mittee should be ‘‘to ensure that all In reviewing the additional resource re- you are continuing to work towards a com- veterans currently waiting for treat- quirements identified by Secretary Gibson, promise bill. As leaders of the nation’s major the undersigned find them to be commensu- veterans organization, we now ask that you ment must be provided access to time- rate with the historical funding shortfalls work in the same bipartisan spirit to provide ly, convenient health care as quickly identified in recent years by many of our or- VA supplemental funding addressing the as medically indicated,’’ and at the ganizations, including The Independent needs outlined by Secretary Gibson to the same time ‘‘protect, preserve and Budget (IB), which is authored and endorsed floor as quickly as feasible, approve it and strengthen the VA health care system by many of our organizations. For example, send it to the President so that he can enact so that it remains capable of providing in the prior ten VA budgets, the amount of it to help ensure that no veteran waits too a full continuum of high-quality, time- funding for medical care requested by the long to get the care they earned through ly health care to all enrolled vet- Administration and ultimately provided to their service. We look forward to your response. erans.’’ VA by Congress was more than $7.8 billion Last week, in a Senate Veterans’ Af- less than what was recommended by the IB. Respectfully, Over just the past five years, the IB rec- Garry J. Augustine, Executive Director, fairs Committee meeting, Sloan Gib- ommended $4 billion more than VA requested Washington Headquarters, DAV (Dis- son, the Acting Secretary of the VA, or Congress approved and for next year, FY abled American Veterans); Homer S. stated that the VA needed over $16 bil- 2015, the IB has recommended over $2 billion Townsend, Jr., Executive Director, lion in order to hire thousands and more than VA requested. Further corrobora- Paralyzed Veterans of America; Tom thousands of doctors, nurses, other tion of the shortfall in VA’s medical care Tarantino, Chief Policy Officer, Iraq medical providers. In many VA facili- funding came two weeks ago from the Con- and Afghanistan Veterans of America; ties doctors do not have the examining Robert E. Wallace, Executive Director, gressional Budget Office (CBO), which issued rooms they need. There are space prob- a revised report on H.R. 3230 estimating that, Veterans of Foreign Wars of the United ‘‘. . . under current law for 2015 and CBO’s States; Rick Weidman, Executive Di- lems all over this country. What the baseline projections for 2016, VA’s appropria- rector for Policy and Government Af- veterans organizations—16 of them— tions for health care are not projected to fairs, Vietnam Veterans of America; said loudly and clearly is that Sloan keep pace with growth in the patient popu- VADM Norbert R. Ryan, Jr., USN Gibson, the new Acting Secretary of lation or growth in per capita spending for (Ret.), President, Military Officers As- the VA—approved with wide Repub- health care—meaning that waiting times sociation of America; Randy Reid, Ex- lican support—they said we support his will tend to increase. . .’’ ecutive Director, U.S. Coast Guard proposal. Similarly, over the past decade the amount Chief Petty, Officers Association; Our legislation does not give the VA of funding requested by VA for major and James T. Currie, Ph.D, Colonel, USA minor construction, and the final amount (Ret.), Executive Director, Commis- all that Mr. GIBSON would like, but we appropriated by Congress, has been more sioned Officers, Association of the U.S. do provide them with the doctors and than $9 billion less than what the IB esti- Public Health Service; Robert L. the nurses and the medical staff they mated was needed to allow VA sufficient Frank, Chief Executive Officer, Air need so we do not continue to have

VerDate Mar 15 2010 03:42 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.010 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4857 long waiting lines at VA hospitals all Again, I fully appreciate Senator with me, maybe not, that the best way over this country, so we do not come SANDERS, who has worked very hard on forward is for people to sit down in a back 2 years from now in the same po- this very terrible issue. But I hope all room and work out their differences, sition, with veterans not being able to of my colleagues recognize that for us not to go forward with unilateral state- get timely care. to not come to agreement on legisla- ments. Does that make sense? I have worked for a month and a half tion which is not that dissimilar, Mr. MCCAIN. Well, could I say to my with my House Republican colleagues, which passed this body 93 to 3, and over friend from Vermont, I believe it is a led by the Veterans’ Affairs chairman on the House side I believe it was unan- matter of simple courtesy, that the there, JEFF MILLER, to find a com- imous, is a gross disservice to those Senator, as the chairman of a compromise. Everybody knows the House who deserve our consideration most. mittee, should be asked to come to a looks at the world differently than the There is no group of citizens in this meeting with the other major chair- Senate—we all know that—and if we go country who deserve our help in this men and ranking members of the com- forward, we need a compromise. time of crisis more than our veterans, mittees. I hope that kind of thing does We have put good-faith offers on the the men and women who have served. not happen again. table time and time again and we have So may I say to my friend from What I would like to see—and I beg tried to meet our Republican col- Vermont, who, like me, is very given to my colleagues to sit down and let’s leagues more than halfway, but I am calm deliberation of all issues, we are work this out. It is a matter of money. very sad to say that at this point—and very similar in that respect. I say, with It is not a matter of the provisions of I hope this changes—but at this point I some humor, I hope, that I hope we can the bill. That cannot be the reason for can only conclude, with great reluc- go to this conference at noon today and us not to reach some agreement. I in- tance, that the good faith we have sit down together, and listen to the tend at noon to attend. I intend to shown is simply not being reciprocated various proposals. make a strong case that we would be by the other side. I believe the fundamentals, as were glad to hear any proposal by the chair- Standing here and saying this is the passed by this body on a 93-to-3 vote, men and ranking members on the other last thing I want to be doing. Our vet- should be a basis for largely the final side of the Capitol, and that we would erans deserve a responsible solution to legislation we reach. The other body’s have a counterproposal and maybe this crisis. legislation is strikingly similar. It could start a discussion and dialog Last night—this is an example of seems to me where we have a difference which could lead to an agreement. what has happened—somewhere around is how much additional funding to the Mr. SANDERS. Let me ask Senator 10 o’clock in the night, the cochairman fundamentals of the legislation we are MCCAIN one more question. I thank the of the veterans conference committee, considering. Senator very much. He is not on, at Mr. MILLER in the House, announced I was watching my friend from this moment, the Veterans’ Affairs unilaterally, without my knowledge or Vermont on the floor here. I want to Committee, but he has jumped into without my concurrence, that he was say to him, I fully understand his frus- this with both feet and is playing a going to hold a so-called conference tration. I hope we will be able to sit very big role. Would the Senator be committee meeting in order to intro- down at noon with both Republicans prepared if, generally speaking, what duce his proposals. and Democrats, both sides of the aisle, happens is the chairmen and ranking with the overriding priority of not Needless to say, his proposal is some- members of the Senate and the House leaving and going out into an August thing I have yet to see. I do not know get together—you are not the chair- recess without acting on this issue. what it is. This is a proposal nobody on man, you are not the ranking member, Veterans are dying. There are allega- our side has seen. My understanding is but I think you could play a good role. tions that 40 veterans in my State at he then wants to take this to the House Would the Senator be prepared to sit the Phoenix VA hospital died because on Monday to come up with a vote. In down with the other four members, they did not receive care. There is not other words, his idea of negotiation is: myself, the other three, and help us a policy/academic issue here. This is We have a proposal. Take it or leave it. reach a compromise? the very lives of the men and women Any sixth grader in a school in the Mr. MCCAIN. I would be more than who are serving. United States understands this is not I guess for the third time I would say glad to do that, I would say to my negotiation, this is not what democ- to my colleague, and I will yield to him friend from Vermont. I would also like racy is about. in just a second: I would be more than to say I hope the participation of a I note the presence on the floor of the happy to look at what we have pro- number of people would lead us to some coauthor of the bill passed in the Sen- posed and what has passed through this agreement today. Because once we ate, Senator MCCAIN, and I am happy body, as compared to what the other reach an agreement, then, of course, we to yield the floor for Senator MCCAIN. side of the Capitol is proposing. Per- have to go through the normal votes The PRESIDING OFFICER. The Sen- haps we can come to some agreement and all of the things that require some ator from Arizona. and compromise, which is the way we period of time. Mr. MCCAIN. Mr. President, could I are supposed to pass laws in this body. I want to say to my friends who are say that I understand the frustration I ask unanimous consent to yield to deeply concerned about the costs here the chairman of the committee feels, Senator SANDERS. of some of these provisions: My argu- and this has been, for everyone in- The PRESIDING OFFICER. Without ment is that, yes, we should seek ways volved, a very frustrating process. I objection, it is so ordered. to pay for as much as we can. I believe think to some degree the real effort The Senator from Vermont. we can compromise on some areas of has been diverted on this whole issue of Mr. SANDERS. First of all, I want to spending. But we cannot allow that the pay-fors, the cost of this legisla- thank Senator MCCAIN again for all of alone to prevent us from acting. tion. I fully understand the frustration his hard work on this issue. I thank my friend from Vermont. I of the Senator from Vermont, the dis- Let me ask a few questions. The Sen- look forward to engaging with him. I tinguished chairman of the committee. ator and I have been talking the last think maybe it is important that we I would hope we could maybe, all of us, few days. Does the Senator not think— show courtesy to all Members who are cool down some and maybe go to this he has been here for 1 or 2 years—that involved in this, including the chair- meeting at noon, and ahead of time—as the best way to go forward is for people man of the committee. I thank the far ahead of time as is possible—tell to sit down at a table and knock out Senator. the chairman what their proposal is their differences? And then the idea of Mr. SANDERS. One more second. I and also a counterproposal of Senator presenting it to a conference is abso- wanted to paraphrase. Tell me if I am SANDERS’ would be fully considered by lutely right. But the Senator knows, misquoting. I do not have it in front of the conference as well. and I know, that what conference com- me, but when we were debating this It is the proper process to go to a mittees are largely about are 5-minute bill on the floor, the Senator said—we conference. Unfortunately, we only did speeches. were talking about emergency fund- that once, and that was largely a pro I have been disappointed that I have ing—something to the effect of if this forma kind of activity. not—I think the Senator will agree is not an emergency, I do not know

VerDate Mar 15 2010 02:01 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.011 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4858 CONGRESSIONAL RECORD — SENATE July 24, 2014 what an emergency is. Is that a correct Think about this: What is the real to perform the many different services, paraphrase? issue here? You heard it from Senator from hiring people—the chairman is Mr. MCCAIN. That is absolutely my MCCAIN, that we pretty much have right—nurses, doctors, mental health conviction, that the reason why we agreement on a lot of the basic issues. providers. We need them all. have emergency funding from time to It is the money. I am very proud of some of the time in times of crisis is for when there What is so amazing to me—I was not work—you heard me talk about it be- is an emergency. I will repeat: I do not here when the wars were decided to be fore—in Alaska. But we are one State. know of a greater domestic emergency funded or, excuse me, not funded—two There are 49 other States. We need to than the care we owe the men and trillion dollars, Afghanistan even do everything we can. I came down women who have served this country. more. But even if you use that $2 tril- here—I had something else going on I thank my colleague. I yield the lion number, what we are talking right now, but I was very frustrated floor. about today is about 1 percent, 1 per- and outraged by this lack of trans- Mr. SANDERS. I thank Senator cent to take care of the veterans and parency on the body that proclaims to MCCAIN very much for his statements their families who put their lives on always talk about transparency. and for his hard work on this and the line, have come back, some missing But again, I can go on a rant here. I would reiterate what he said; that is, limbs, some having mental issues, a va- am going to stop. I am going to say the my belief that what we have here on riety of services they need, they last thing I will say is: This is an emer- the Senate floor, that if taking care of earned, they deserve. gency. We know it. The American peo- the men and women who have put their You know, when you think about it, ple know it. Quit nickel-and-diming lives on the line to defend us and who my simple statement—the chairman our veterans. Quit complaining about: came home without arms or legs, or has heard me say this before: You are Is it $25 or $26 billion. It is an emer- without their eyesight or 500,000 of for veterans or you are not. gency. We did not complain about one them who came home with post-trau- We are going to quibble and nickel- dime when they wanted all of the matic stress disorder or traumatic and-dime our veterans. I appreciate money for the wars: $2 trillion, $3 tril- brain injury—if that is not an emer- what the chairman has done trying to lion. Actually, as some remember those gency, taking care of those brave men lower the costs, trying to find com- photos, we put cash on pallets—cash on and women, I agree with Senator promise. But this is, as Senator pallets—and shipped it over there. Now MCCAIN, I do not know what an emer- MCCAIN said, an emergency. We need to it is time to take care of our veterans. gency is. take care of these veterans. For the It is time to put up or shut up. It is I am happy to yield the floor for my House to nickel-and-dime our veterans time to get the work done. You are for colleague from Alaska, Senator is absolutely obscene. It is outrageous. veterans or you are against veterans. It BEGICH. They served our country. We need to do is a simple equation. The PRESIDING OFFICER. The Sen- It is a simple equation. what we can to take care of them. It ator from Alaska. Mr. SANDERS. I thank Senator does not mean having midnight emails Mr. BEGICH. I say to my chairman BEGICH. on the Veterans’ Affairs Committee, we to tell us about a meeting that is going The PRESIDING OFFICER. The Re- talked very briefly on the phone. I to occur on a day 12 hours later when publican whip. I have no idea what their proposal is. wanted to come down here because I HUMANE ACT find this amazing. I am new around They have not shared it with me. It Mr. CORNYN. Mr. President, there is here. I know it has been almost 6 years. would be nice. They are all about no question that immigration is one of I still consider myself new in the proc- transparency. Let’s do it. Let’s have the toughest, most divisive issues we ess. But late last night, early this transparency. Let’s have a debate. talk about in Washington, DC, perhaps morning, I get a notice of a supposed I know the chairman has been work- because it is an economic issue, it in- conference committee meeting, which I ing on this for the last 6 weeks. Many volves cultural considerations, and it was totally unaware of, was unaware of of us met, as the chairman in the last also includes security concerns. It is the proposals they are putting on the week did, talking about—with the new not just any one of those things; it is other side. I would like to have time— potential Secretary, which I am very basically all of those wrapped into one. I know on the other side they talk a lot excited for. He already has a 90-day At the same time, I have been im- about transparency and timeliness and idea, a plan, which I was amazed to see pressed by the fact that the ongoing making sure the public is aware of that he is already moving forward. I border crisis that is now occurring in what they are doing. But, lo and be- met with him yesterday. I told him: Be South Texas has produced a moment of hold, they just kind of snap together a bold. Start doing things. Get nomi- bipartisan consensus and clarity, which meeting because they have an idea that nated, get approved, let’s get some are rare when we talk about immigra- they want to move forward. stuff going. tion. For example, we all agree that I am all game for more ideas on how But for this body on the other side to the United States must continue to up- to solve the problems with our vet- just out of the blue decide they are hold the rule of law, with which all of erans. But the public demands—de- going to have a conference—usually us are better off—including the people mands—us to solve this problem, and the way it works—maybe I am wrong— who want to come to the United States also demands it to be done in a trans- a conference committee usually means as immigrants, if they can come parent way, not in the dark of the Senate and House. The two chairmen through a legal system in an orderly night a meeting is called. The chair- talk to each other, pick a time, every- way and not as a flood of humanity man of the other side, in this case the one tells their Members, and we all at- who have surrendered themselves to Senator from Vermont, the chairman tend. We see proposals. We see paper- the tender mercies of the criminal or- of the Senate committee, is not even work beforehand. It is transparent. The ganizations that funnel children and notified. press is aware of it, the public is aware other immigrants from Central Amer- I recognize Senator MCCAIN’s com- of it. It is open to the people. ica through Mexico into South Texas. ments about the courtesy. It should be This is like a midnight ride to, in my We all agree that our policies should a courtesy. But on top of it, the basic view, potentially shortchanging our be one of not encouraging Central understanding of compromise and veterans. I am outraged. The chairman American children, and particularly working with each other—that is what probably got that sense when I sent an their parents putting their lives at risk has to happen. We are not seeing that. email to the chairman this morning. in the hands of these criminal organi- We had a conference committee. We all Within seconds we were on the phone, zations. We all agree that the present made 5-minute speeches, grand state- because this is not how we need to do levels of chaos and confusion on our ments about how to help veterans. We this business. The veterans deserve the southern border are totally unaccept- all want to do that. But it also means care; they earned it; we owe it to them. able. No one is arguing for the status sitting down, working with each other, The bill is due. It is time to pay up and quo, to my knowledge. They are unac- putting proposals out. I think the way quit nickel-and-diming our veterans. ceptable from both a security perspec- the chairman described it best is: Roll Prepare the services they need. Give tive and from a humanitarian perspec- up your sleeves and solve this problem. the VA the capacity they need in order tive.

VerDate Mar 15 2010 02:01 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.013 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4859 I said just a moment ago that no one I will give one sense of the problem. around the country. This is going to do is arguing that the status quo is ac- On Tuesday of this week, 20 unaccom- nothing but get worse, in my view, as ceptable, but I fear that unless we sit panied minors from Central America the numbers continue to escalate and down and reason together, we are going had hearings scheduled before a Fed- as we don’t deal with the source of the to end with a status quo before we eral immigration court in Dallas—20 problem. leave for the August recess. Unless we scheduled; 18 failed to show up. So This is a very dangerous situation are successful in passing the needed roughly 10 percent showed up, and the where the American people are de- policy changes that will actually ad- other 18 didn’t show up. We currently manding we act on our best judgment, dress some of the causes of the current don’t have the resources through Im- trying to work together in a bicameral, crisis—as well as appropriate money migration and Customs Enforcement to bipartisan way. But so far at least, the that is needed on an emergency basis locate those children and make sure majority leader, the Democratic leader to help build capacity to deal with it— they actually do appear. What happens has rejected any changes in the 2008 the status quo is what we are going to is they are part of that 40 percent of il- law—even along the lines that Sec- get. That would be disappointing and it legal immigration, people who enter retary Johnson, Secretary of Homeland would be tragic. the country, just simply melt into the Security, has suggested. So people may have good ideas, and I landscape, and we don’t hear from I have actually heard there are pro- would love to hear them. But working them again, but they are still here. posals, legislative language that has together with my colleague HENRY Given how few unaccompanied mi- been floated among our Democratic CUELLAR from the House—HENRY likes nors actually appear for their hearings, colleagues in the Senate. But under or- to call himself a Blue Dog Democrat, Members of both parties have expressed ders of the White House, none of that but he is from Laredo, TX, lives on the their view that the 2008 law needs to be has been shared with anyone on this border and understands it very well— changed. side of the aisle. I hope that changes he and I have come up with a bipar- The Secretary of Homeland Security, because we need to be sharing ideas. tisan, bicameral proposal that would whom I talked to as recently as yester- We need to be working toward a con- discourage illegal immigration from day, said on Tuesday: The administra- sensus here because we have basically Central America and elsewhere by end- tion has asked for a change in the law, the rest of this week and next week, ing the de facto policy of catch-and-re- and we are in active discussions with then we are out of here, and the prob- lease. Congress right now about doing that. lem is not going to get better. It is What I mean by that is when people That is a little bit mysterious to me only going to get worse. We could use are coming into the country illegally, because the majority leader has said some help from the President, using they are detained by the Border Patrol. the border is secure and he is not inter- some of his political capital—the power But we know there is a policy of de ested in taking up any reforms such as and the authority that only the resi- facto release once they are detained be- the HUMANE Act Congressman dent of the White House has—to try to cause many of them are given a notice CUELLAR and I have sponsored. work together with Congress to get to appear for a future court hearing I would say to the majority leader, if something done. and they never show up. you don’t think that is the right solu- Seven weeks ago he called this an ur- I had one former head of the Drug tion, then where is yours? Are there gent, humanitarian crisis, but for some Enforcement Administration who said: other ideas that people have that are reason unknown to me, the President Everybody knows that a notice to ap- better ideas? I am game. has still refused to go to the border pear should really be retitled a ‘‘notice I think we ought to have that discus- himself to witness what is happening to disappear’’ because that is what hap- sion, and we ought to be focused on there. I worry he is living in a bubble— pens. trying to fix it as Secretary Johnson which I think all Presidents are prone If people are successful in navigating said is needed. I am sure there will be to do unless they are careful and fight this glitch in our enforcement system, some differences, but that is what this against it—that does not allow him to then they are going to keep coming place is for, to work out those dif- appreciate the seriousness of this situ- and the cartels and the people who ferences and come up with the 80 per- ation and how bad it will continue to make money off of transporting people cent solution, hopefully, and then get grow. through this perilous journey will con- the job done. I was in McAllen, TX, last Friday, tinue—as I have spoken about numer- But the irony of what Secretary and I was pleased to see a number of ous times—from Central America Johnson has said is that the adminis- our colleagues had traveled down to through Mexico—a journey in which tration acknowledges that change is the border: Senator MURKOWSKI of women are routinely sexually as- needed. But is any change forthcoming Alaska, Senator HIRONO of Hawaii, saulted, the migrants are routinely from the majority leader? Senator BLUMENTHAL of Connecticut, kidnapped and held for ransom, and Well, apparently it is not, because he and other Members of the House—from some never make it because they die of is in the process of having us vote on a California, Colorado, and Texas. I am injuries or exposure. so-called clean emergency appropria- grateful to them for coming down to If we don’t fix that by the time we tions bill without any reforms attached the site of this huge crisis and trying leave for our August recess, we will to it. I have called this a blank check, to help work with us to try to figure have failed in some of our more basic and indeed I believe it is, because it is out what needs to be done in order to responsibilities. But more specifically, not responsible just to spend the resolve it. our bill would reform a 2008 human money without trying to fix the prob- I wish the President would take the trafficking law that actually passed, lem. Indeed, if history is any guide— same opportunity to see with his own essentially, by unanimous consent. No- and I think it is—we are seeing these eyes what his fellow Democrats saw. body dreamed that it would be ex- numbers go up every year. When I was in McAllen and then in ploited as it has been in a way that In other words, it is estimated that Mission, TX—which is close to weakened U.S. immigration enforce- of the 57,000 unaccompanied minors McAllen—last Friday, they made crys- ment and incentivized Central Amer- that have been detained at our south- tal clear to me and Congressman ican children to risk everything they western border since August, that CUELLAR that they didn’t care if we have to make this perilous journey number could grow as high as 90,000 were Republicans or Democrats. As a from Central America to Mexico. this year. Next year, the estimate is it matter of fact, that part of our State is I have said earlier what I believe to could be as many as 145,000. heavily Democratic. What they cared be the fact—the cartels are smart. I I know the Presiding Officer has about is whether we were serious about mean, these are rich, wealthy criminal read, as I have, stories in the Wash- offering a meaningful solution to this organizations with a lot of shrewd and ington Post, the New York Times, and crisis. inventive people. What they have fig- elsewhere about the backlash that is Can you imagine what impact there ured out is a business model to exploit occurring around the country as these is on the local communities and on the this vulnerability in the 2008 law that children are being transported and State of Texas? I mean, this isn’t we need to address before we leave. warehoused in different locations broadly spread along the entire border,

VerDate Mar 15 2010 02:01 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.015 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4860 CONGRESSIONAL RECORD — SENATE July 24, 2014 this is concentrated on the Rio Grande still have a lot of work we need to do local and State governments with a lot Valley in South Texas. It is over- beyond this. This is what we can do of unique challenges. whelming the capacity of those local now together on a bipartisan basis that Our communities’ economic vitality communities and of our State to deal needs to be done on a timely basis. It is is directly tied to the way the Federal with it. a narrowly targeted measure designed Government manages our Federal This is why our Governor, in the ab- to alleviate a national crisis—nothing lands. As a result, one of my top prior- sence of any Federal response, thought more, nothing less. I would think that ities in the Senate is to implement re- it was important to get more boots on would be something we would all agree forms that streamline bureaucratic the ground in the form of the National is worth doing. redtape that gets in the way of natural Guard. That is not a permanent solu- I would point out that some of the resources job creation. tion by any means, but at least Gov- cosponsors of the HUMANE Act include I have five amendments I have filed ernor Perry is willing to do something Members who voted for the Gang of 8 to deal with public land issues that when the President is apparently not immigration bill coming out of the specifically directly affect rural Ne- willing to use any political capital to Senate and Members who voted against vada and rural America. I encourage get a meaningful response from Wash- it. So this is one of those rare points of my colleagues across the aisle to work ington, DC. bipartisanship and clarity as to what with me so we can consider my amend- I would say that it is obvious to any the problem is and what we need to do ments and other job-related amend- fairminded observer that the status to fix it that is bringing people to- ments. If given the opportunity, we quo along the border is unacceptable gether on a bipartisan basis. could spur natural resources-related and unsustainable. But the response of Our legislation transcends the typ- economic development across this the majority leader appears to be: Let’s ical left-right, Democratic-Republican country and especially across the West. just spend some more money on an immigration debate. It is a genuine bi- My first amendment, the Lyon Coun- emergency basis. But I dare to say that partisan solution to a genuine emer- ty Economic Development and Con- if the majority leader wants us to gency, and it deserves a vote. I hope servation Act, is a Nevada-centric jobs spend $2.7 billion on an emergency the majority leader will reconsider his bill which I have been focusing on for basis now, we are going to be back at earlier position that all he wants us to years which, to the disappointment of the end of the year doing it again. We do is write a blank check without any my constituents, has been held up are going to be back in 6 months doing real reform. through Senate gridlock. it again. We are going to be back in an- The majority leader may not particu- The Lyon County Economic Develop- other 6 months doing it again. larly like the legislation Congressman ment and Conservation Act could In other words, unless you are deal- CUELLAR and I have introduced, but if transform the local economy of the ing with the source of the problem, we he doesn’t like it, doesn’t it make county in my State that is struggling are going to continue to hemorrhage sense that he would offer something the most during this current recession. money to try to deal with this crisis different, something he thinks maybe The bill allows the city of Yerington to when we should be all about deterring would be a better solution? I would be partner with Nevada Copper to develop people from coming into our country glad to take a look at it. roughly 12,500 acres of land sur- when they have no realistic hope of If you don’t like our plan, fine. But I rounding the Nevada Copper Pumpkin being able to stay under our current would ask, Where is your plan? Because Hollow project site. The intent of this laws. As former Border Patrol Deputy if you don’t offer one and if you block legislation is economic growth, and the Chief Ron Coburn recently reported: a vote on sensible reforms, all you are land purchased by the city will be used Not only has the Border Patrol’s mo- doing is guaranteeing that the current for mining activities, industrial and re- rale been lower than ever—we have border crisis will continue. newable energy development, recre- Border Patrol who are being diverted Again, I urge the President and the ation, and open space. Enactment of from their law enforcement respon- majority leader to come down to South this legislation is the last obstacle in sibilities in order to change diapers and Texas, like so many of our other col- the way of the company moving for- to feed children. You can imagine what leagues have done, and take a look for ward in the creation of over 1,000 jobs. advantage the cartels and drug are tak- themselves. The very least they could For a rural county such as Lyon Coun- ing when the Border Patrol is being re- do is say thank you to the Border Pa- ty, 1,000 jobs truly is a game changer. lieved of their duties at the border and trol and other Federal officers, such as My second amendment, the Public is busy trying to process these immi- FEMA, who are trying to deal with this Lands Job Creation Act, will create grant children through these various crisis. Unless we take action here in jobs by streamlining the bureaucratic centers. Washington, the problems are only process, cutting redtape, and ensuring Well, they are having a field day. going to get worse. that the BLM reviews Federal Register They are laughing at the Federal Gov- Mr. President, I yield the floor. notices in a timely manner. ernment’s ineptitude. Our current poli- The PRESIDING OFFICER. The Sen- The permitting and approval process cies are emboldening transnational ator from Nevada. for energy and mining projects on Fed- gangs, jeopardizing public safety, and Mr. HELLER. Mr. President, I rise eral lands takes several years, largely making a mockery of United States today to discuss the current bill before because of unnecessary delays, which sovereignty. this body, the Bring Jobs Home Act. costs businesses valuable time, re- By contrast, the HUMANE Act that At a time when Washington is stuck sources, and jobs. Congressman CUELLAR and I have of- in political gridlock, I believe Demo- This amendment, which I have also fered would accelerate the removal crats and Republicans should work to- introduced as stand-alone legislation, process for unaccompanied minors who gether on policies that will create jobs streamlines the process by holding have no valid basis for staying. It not only in Nevada but, of course, these agencies accountable to work ef- would give those who have a valid basis across this country. fectively and timely to limit the nega- for staying a timely hearing in front of I have filed five amendments on poli- tive effects of bureaucratic delays. Spe- an immigration judge so they can cies I have been working on here in the cifically, if BLM does not review a Fed- make their case. And if they can make Senate this Congress that will spur eral Register notice by 45 days, the no- their case under current law, then they natural resources jobs throughout the tice will be considered to be approved will be able to stay. But it would West, and I stand before this body and the State BLM office will imme- strongly deter and discourage illegal today to urge action on what I consider diately forward the notice to be pub- migration, and it would help restore to be commonsense proposals. lished in the Federal Register. This something that is sorely needed, which As the Presiding Officer knows, type of work is basically the transfer of is some order in the rule of law in a sit- roughly 85 percent of the land in Ne- paperwork but a transfer that is con- uation that is characterized now by vada is controlled by the Federal Gov- sistently holding up important job-cre- sheer chaos. ernment. Other Western States range ating projects. Just to clarify, this isn’t about com- somewhere between 50 percent and 80 Earlier this year I facilitated a meet- prehensive immigration reform. We percent. This situation presents our ing between a local company going

VerDate Mar 15 2010 02:01 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.017 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4861 through the process to start a large administration’s EPA continues to de- tics aside and restore order to the tra- hard rock mineral mine in Elko County velop rules that will increase Ameri- ditional amendment process this delib- and the local BLM to break this bu- cans’ utility bills, cause companies to erative body has been known for over reaucratic logjam. This mine will cre- lay off employees, and stifle economic time. We should break through the po- ate hundreds of new jobs. While we growth. litical gridlock and have an open were able to get the ball rolling in this My amendment will specifically re- amendment process in the Senate. particular instance—and I greatly ap- quire the EPA to be transparent when Mr. President, I yield the floor. preciated the agency’s work to move proposing and issuing energy-related The PRESIDING OFFICER. The Sen- forward—it also shouldn’t require con- regulations with an economic impact ator from Maryland. gressional interaction to spur prompt of more than $1 billion. Additionally, it HARRIS NOMINATION action. prohibits the EPA from finalizing a Mr. CARDIN. Mr. President, shortly My legislation will provide certainty rule if the Secretary of Energy, in con- we will have the opportunity to vote on to our local job creators. sultation with other relevant agencies, a cloture motion on Pamela Harris for My third amendment, the Public determines the rule would cause sig- confirmation to the U.S. Court of Ap- Lands Renewable Energy Development nificant adverse effects to the econ- peals for the Fourth Circuit, which in- Act, is an initiative we have been omy. cludes Maryland. I urge my colleagues working on for many years. This legis- Finally, my final amendment, the not only to support the cloture motion lation is a strong bipartisan proposal Emergency Fuel Reduction Act, tack- but to support her confirmation as a that will help create jobs, progress to- les a major problem many of our com- judge in the Fourth Circuit. ward energy independence, and pre- munities out West are facing right Senator MIKULSKI and I have a process—and I thank the senior Senator serve our Nation’s natural wonders by now; that is, catastrophic wildfires. from Maryland for that process—we spurring renewable energy develop- One of the greatest challenges facing use in screening recommendations to ment on public lands. our western forests and rangelands is the President for judgeships. I am very Energy is one of Nevada’s greatest the growing severity and length of the proud of that process. It is very open. assets, and I believe continuing to de- fire season. Nevada is one of a handful We think we have recruited the very velop renewable and alternative of Western States that seemingly keeps best in the legal profession to serve as sources is important for Nevada’s eco- enduring recordbreaking fire seasons our judges, and I am proud to be part of nomic future. Geothermal and solar year after year. We are always going to it with Senator MIKULSKI. production in my State is a major part have fires out West, but we must be Of all of the candidates I have inter- of the U.S. ‘‘all the above’’ energy proactive in treating our forests and viewed for the appellate court, Pamela strategy. In 2013 Nevada ranked second rangelands so that we can reduce the Harris has stood out as one of the most in the Nation for geothermal energy size, the frequency, and the intensity qualified individuals we have in the production and third for solar produc- of these forest fires. legal community to sit on our appel- tion. Eighteen percent of our total My amendment streamlines the bu- late court. She is exceptional in her electricity generated came from renew- reaucratic process for fire prevention qualifications, well qualified. She is an able, compared to the national average projects, where a dangerous density of excellent Supreme Court litigator, has of 13 percent. fuels threatens critical infrastructure clerked at the Federal appellate court, Our Nation’s public lands can play a such as power lines, schools, and water supervised policy initiatives at the De- critical role in that mission, but uncer- delivery canals, private property own- partment of Justice, and she has dedi- tainty in the permitting process im- ers who live adjacent to Federal lands, cated her career and professional life pedes or delays our ability to harness and areas that threaten endangered to improving the administration of jus- the renewable energy potential. Under species candidates such as the greater tice as a public servant. current law, permits for wind and solar sage-grouse. A little bit of background about development are completed under the Every year I hear from ranchers who her—particularly her family. Her same process for other surface uses, live in northern Nevada’s rural coun- grandmother was a Polish Jewish im- such as pipelines, roads, and power ties, such as Humboldt County, where, migrant to the United States who val- lines. The BLM and Forest Service through no fault of their own, fires on ued education and worked hard to over- need a permitting process tailored to Federal lands spread onto their private come personal adversity. Her mom put the unique characteristics and impacts property. The Federal agencies have to herself through law school, with young of renewable energy projects. This ini- prioritize proactive preventive work in children, after a divorce, and died from tiative develops a straightforward these areas. My constituents should cancer a few years later. Ms. Harris re- process that will drive investment to- not have to suffer because the Federal lied in part on Pell grants to attend ward the highest quality renewable Government is simply not doing their college at Yale. Her story represents sources. job to properly manage our own lands. the American dream and the American In addition, the legislation ensures a I think nearly everyone can agree on experience and the opportunity in this fair return for public lands commu- a commonsense proposal such as the country coming from an immigrant nities. Since Federal lands are not tax- Emergency Fuel Reduction Act. family. able, State and local governments de- If this body adopts my five amend- After graduating from public high serve a share of the revenues from the ments, Congress could go a long way school in Montgomery County, Walt sales of energy production on public toward spurring economic development Whitman High School, Ms. Harris re- lands that are within their county or and job creation within the mining, en- ceived a B.A. summa cum laude from State borders. These resources will ergy development, ranching, timber, Yale College in 1985 and a J.D. from help local governments deliver critical and outdoor recreational industries. Yale Law School in 1990. After her services and develop much needed cap- These types of jobs are the bedrock of graduation from law school, she ital improvement projects—projects our Western way of life, and concur- clerked for Judge Harry T. Edwards of such as roadways, public safety, and, of rently these fields are struggling the the U.S. Court of Appeals for the Dis- course, law enforcement. most under this administration’s re- trict of Columbia Circuit and later In my opinion, this proposal is a win- strictive Federal land management clerked with Justice John Paul Ste- win situation. It is good for economic policies. It is no coincidence that our vens of the Supreme Court of the development while at the same time western rural communities are suf- United States between 1992 and 1993. protecting the natural treasures out fering from unemployment rates well She became associate professor at West that all of us value most. above the national average. Let’s get the University of Pennsylvania Law My fourth amendment, the Energy the government off their backs and School. Beginning in 2007, while she Consumers Relief Act, gets the govern- allow them to do what they do best; was still in private practice, Ms. Harris ment out of the way of our private sec- that is, create jobs. codirected Harvard Law School’s Su- tor natural resources job creators. At a time when the American public preme Court and Appellate Practice Instead of advocating for policies continues to lose faith in Congress, I Clinic and was a visiting professor at that will put people back to work, this hope the Senate can put partisan poli- Georgetown University Law Center.

VerDate Mar 15 2010 02:01 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.019 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4862 CONGRESSIONAL RECORD — SENATE July 24, 2014 In 2009 Ms. Harris was named the ex- It is inappropriate for any judge or Justice ment of Justice. And she has taught Con- ecutive director of the Supreme Court to base his or her decision on their own per- stitutional Law and Criminal Procedure at Institute at Georgetown, serving until sonal views or on public opinion . . . If con- the University of Pennsylvania and at 2010. Ms. Harris joined the Justice De- firmed as a circuit judge, I would faithfully Georgetown. Her well-rounded experience follow the methodological precedence of the partment’s Office of Legal Policy, makes her well prepared for the docket of a Supreme Court and the Fourth Circuit, ap- federal appellate court. Pam’s substantive where she served as Principal Deputy plying the interpretive approaches and only knowledge, intellect, and low-key tempera- Assistant Attorney General until re- the interpretive approaches used by those ment will be great assets for the position for turning to Georgetown in 2012. courts. which she has been nominated. Ms. Harris is currently a visiting pro- Don’t take my word for it. Don’t take We expect that the Senate, after full in- fessor at Georgetown University Law her qualifications for it. Look at the quiry, will see the strengths we know from Center and a senior advisor to the Su- record. Look at the letters that have firsthand experience with Pam. Pamela Har- preme Court Institute. been sent in support of Ms. Harris to ris has exceptional legal ability and personal It is not surprising that the Amer- the Judiciary Committee. There are character, and we urge the Senate to confirm ican Bar Association has given her the numerous letters. her to be a Circuit Judge. highest rating of unanimously ‘‘well I will quote from one that was signed Sincerely, qualified’’ for this appointment. She by more than 80 of her professional Gregory G. Garre, Latham & Watkins has appeared as counsel or cocounsel in peers, and I will tell you it includes in- LLP; Michael Kellogg, Kellogg, Huber, Hansen, Todd Evans & Figel, PLLC; approximately 100 cases before the Fed- dividuals who were appointed by Re- eral courts of appeals and the U.S. Su- Carter Phillips, Sidley Austin LLP; publican Presidents to key positions, Scott H. Angstreich, Kellogg, Huber, preme Court. Her practice has been including Gregory Garre, the former pretty evenly divided between criminal Hansen, Todd, Evans & Figel, PLLC; Solicitor General for George W. Bush, Donald B. Ayer, Jones Day; Dori K. cases and civil cases. When it comes to Supreme Court liti- but it includes many in that category, Bernstein, Georgetown University Law and I am reading from that letter. This Center; Richard D. Bernstein, Willkie, gation, I must tell you I don’t think Farr & Gallagher, LLP; Rebecca A. Ms. Harris has an equal as far as her letter is part of the record. It was made part of the record in the Judiciary Beynon, Kellogg, Huber, Hansen, Todd, qualifications. Her clinic at George- Evans & Figel, PLLC; Lisa S. Blatt, Ar- town which she supervises prepares Committee. I would ask unanimous consent it nold & Porter LLP; Steven Gill litigants for the Supreme Court. In Bradbury, Dechert LLP; Henk Brands; and another letter be printed in the other words, she provides experience Richard P. Bress, Latham & Watkins RECORD. for those who are going to be before the LLP; Caroline M. Brown, Covington & There being no objection, the mate- Burling LLP; Don O. Burley, Partner, Supreme Court as to how to properly rial was ordered to be printed in the litigate those cases, and she takes Finnegan, Henderson, Farabow, Gar- RECORD, as follows: them on a first-come, first-served rett & Dunner, LLP; Gregory A. JUNE 20, 2014. Castanias, Jones Day; Adam H. basis. It is not ideological at all. It is Re Nomination of Pamela Harris as Circuit Charnes, Kilpatrick Townsend & to make sure the highest quality pres- Judge, United States Court of Appeals for Stockton LLP; David D. Cole, George- entations are made in the highest the Fourth Circuit. town University Law Center; Brendan Court of our land so we get the best de- Hon. PATRICK J. LEAHY, J. Crimmins, Kellogg, Huber, Hansen, cisions made by the highest Court of Chairman. Todd, Evans & Figel, PLLC; Mark S. our land, the Supreme Court of the Hon. CHUCK GRASSLEY, Davies, Orrick, Herrington & Sutcliffe United States. That is the type of per- Ranking Member, U.S. Senate, LLP; Susan M. Davies, Kirkland & son we need on our court of appeals. Committee on the Judiciary, Washington, DC. Ellis LLP; David W. DeBruin, Jenner & As I said, I don’t know of a person DEAR CHAIRMAN LEAHY AND RANKING MEM- Block LLP; William S. Dodge, Hastings BER GRASSLEY: We write in enthusiastic sup- whom I have interviewed who is more College of the Law; Scott M. Edson, port of the nomination of Pamela Harris to O’Melveny & Myers LLP; Clifton S. qualified to be an appellate court judge the U.S. Court of Appeals for the Fourth Cir- Elgarten, Crowell & Moring LLP; Roy than Ms. Harris. She understands the cuit. We are lawyers from diverse back- T. Englert, Jr., Robbins, Russell, different role of an advocate or some- grounds and varying affiliations, but we are Englert, Orseck, Untereiner & Sauber one writing an opinion or commentary united in our admiration for Pam’s skills as LLP. Mark L. Evans (retired), Kellogg, column and a judge. I want to empha- a lawyer and our respect for her integrity, Huber, Hansen, Todd, Evans & Figel, size this. She is a person who brings— her intellect, her judgment, and her fair- PLLC; Bartow Farr; James A. Feld- we all bring our views and our passion mindedness. man, University of Pennsylvania Law Many of us have had the opportunity to School; David C. Frederick, Kellogg, to life, but she understands what the work with Pam on appellate matters. She judiciary is all about. Huber, Hansen, Todd, Evans & Figel, has been co-counsel to some of us, opposing PLLC; Paul Gewirtz, Yale Law School; As is the practice of the Judiciary counsel to others, and a valuable colleague Lauren R. Goldman, Mayer Brown to all. In her appellate work, Pam has dem- Committee—and I serve on the Judici- LLP; Thomas C. Goldstein, Goldstein & onstrated extraordinary skill. She is a quick ary Committee and I am proud of my Russell, P.C.; Irving L. Gornstein, study, careful listener, and acute judge of service—I thank Senator LEAHY for his Georgetown University Law Center; legal arguments. She knows the value of credible leadership. As you know, after Jeffrey T. Green, Sidley Austin LLP; clarity, candor, vigor, and responsiveness. Of Joseph R. Guerra, Sidley Austin LLP; the committee there are questions for equal importance, she has always conducted Jonathan Hacker, O’Melveny & Myers the record that are submitted by the herself with consummate professionalism, LLP; Mark E. Haddad, Sidley Austin Senators. That is certainly true in Ms. grace, and collegiality, and has a humble and Harris’s case, and I have those answers down-to-earth approach to her work. LLP; Mark C. Hansen, Kellogg, Huber, here. I would like my colleagues to After 20-plus years devoted largely to fed- Hansen, Todd, Evans & Figel, PLLC; eral appellate practice, Pam is naturally Scott Blake Harris, Harris Wiltshire & read these answers because I can imag- Grannis LLP; Derek T. Ho, Kellogg, ine the people in the White House suited to serve as a federal appellate judge. She clerked, first, on the United States Huber, Hansen, Todd, Evans & Figel, going through all the legal cites that Court of Appeals for the D.C. Circuit for PLLC; Richard B. Katskee, Mayer Ms. Harris gave in each of the answers Judge Harry Edwards and then on the U.S. Brown LLP; Stephen B. Kinnaird, Paul to the questions our colleagues re- Supreme Court for Associate Justice John Hastings LLP; Wan J. Kim, Kellogg, quested. It is one of the most thorough Paul Stevens. In private practice, she rep- Huber, Hansen, Todd, Evans & Figel, answers I have ever seen and thor- resented a wide range of clients (both cor- PLLC. oughly vetted by the Supreme Court porate and individual) before the U.S. Su- Jeffrey A. Lamken, MoloLamken LLP; decisions. I mention that because it is preme Court and in the U.S. Courts of Ap- Christopher Landau, Kirkland & Ellis LLP; Richard J. Lazarus, Harvard Law exactly why I believe what she has told peals. She was Lecturer and Co-Director of the Supreme Court and Appellate Practice School; Michael R. Lazerwitz, Cleary us is what she will do. She understands Clinic at Harvard Law School. She was then Gottlieb Steen & Hamilton LLP; Wil- the role of a judge in our system. appointed as Executive Director of the high- liam F. Lee, Wilmer Cutler Pickering Quoting from her answer: ly regarded Supreme Court Institute at the Hale and Dorr LLP; Sean A. Lev, Kel- I fully recognize that the role of a judge is Georgetown University Law Center, which is logg, Huber, Hansen, Todd, Evans & entirely different from the role of an advo- heavily involved in preparing advocates for Figel, PLLC; Maureen E. Mahoney, cate. If confirmed as a judge, my role would their appearances before the United States Latham & Watkins LLP; Jonathan S. be to apply governing law and precedent im- Supreme Court. She served as Principal Dep- Massey, Massey & Gail LLP; Brian R. partially to the facts of a particular case. uty Assistant Attorney General in the Office Matsui, Morrison & Foerster LLP; Pam Harris went on to state: of Legal Policy at the United States Depart- Deanne E. Maynard,

VerDate Mar 15 2010 03:42 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.025 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4863 Morrison & Foerster LLP; Celestine Pam was also the primary author of an though we may not all share Pam’s views on McConnville, Chapman University Law amicus brief on behalf of a bipartisan group a range of legal and political issues, we are School; Anton Metlitsky, O’Melveny & of House members (Members Dingell and united in the belief that Pam possesses the Myers LLP; Charles B. Molster, Win- Tauzin were the lead amici) in defense of the intellect, fair-mindedness, humility, and fun- ston & Strawn LLP; David G. Ogden, Federal Trade Commission’s ‘‘do not call’’ damental decency to make an excellent fed- Wilmer Cutler Pickering Hale and Dorr rule. And in Schaeffer v. Weast, 546 U.S. 49 eral judge. LLP; Timothy P. O’Toole, Miller & (2005), Pam authored an amicus brief in the Respectfully submitted, Chevalier; Aaron M. Panner, Kellogg, United States Supreme Court supporting the Arthur B. Culvahouse, Jr., Walter Huber, Hansen, Todd, Evans & Figel, Montgomery County, Maryland, public Dellinger, K. Lee Blalack II, Brian PLLC; Richard C. Peppennan III, Sul- school system. The case arose under the In- Boyle, Brian Brooks, Danielle C. Gray, livan & Cromwell LLP; Mark A. Perry, dividuals with Disabilities Education Act Jonathan Hacker, Theodore W. Gibson Dunn & Crutcher LLP; Andrew and concerned the status of the ‘‘individual- Kassinger, Jeffrey W. Kilduff, Ron J. Pincus, Mayer Brown LLP; Stephen ized education programs’’ developed by pub- Klain, Greta Lichtenbaum, Richard J. Pollak, Goodwin Proctor LLP; David lic schools for each covered student. The Su- Parker. A. Reiser, Zuckerman Spaeder LLP. preme Court agreed with Pam’s position and It says in part: John A. Rogovin, Executive Vice Presi- ruled for the Montgomery County schools. Appreciation for Pam’s work extended be- We are lawyers from diverse backgrounds dent & General Counsel, Warner Bros. and varying affiliations, but we are united in Entertainment Inc.; E. Joshua yond the firm’s appellate practice and appellate clients. In fact, she was regularly sought our admiration for Pam’s skills as a lawyer Rosenkranz, Orrick, Herrington & Sut- and our respect for her integrity, her intel- cliffe LLP; Charles A. Rothfeld, Mayer after by partners across practice groups to think through briefing strategy and argu- lect, her judgment, and her fair-mindedness. Brown LLP; John C. Rozendaal, Kel- The letter continues: logg, Huber, Hansen, Todd, Evans & ment presentation in a range of cases, at ear- Figel, PLLC; Stephen M. Shapiro, lier stages in litigation. Pam’s work on be- Many of us have had the opportunity to Mayer Brown LLP; William F. half of Merck in class action litigation in- work with Pam on appellate matters. She volving a former painkiller drug highlights Sheehan, Goodwin Proctor; Paul M. has been co-counsel to some of us, opposing this range in her practice beyond traditional Smith, Jenner & Block LLP; Mark T. counsel to others, and a valuable colleague appellate work. Working with trial teams Stancil, Robbins, Russell, Englert, to all. In her appellate work, Pam has dem- from O’Melveny’s D.C. and L.A. offices, Pam onstrated extraordinary skill. She is a quick Orseck, Untereiner & Sauber LLP; was active in pre-trial briefing and strategy study, careful listener, and acute judge of Catherine E. Stetson, Hogan Lovells on a range of discovery and evidentiary legal arguments. She knows the value of US LLP; John Thorne, Kellogg, Huber, issues. Pam often found herself engaged in clarity, candor, vigor, and responsiveness. Of Hansen, Todd, Evans & Figel, PLLC; this type of cross-practice and inter-office equal importance, she has always conducted Laurence H. Tribe, Carl M. Loeb Uni- collaboration, and the firm’s clients were es- herself with consummate professionalism, versity Professor and Professor of Con- pecially appreciative of the opportunity to grace, and congeniality, and has a humble stitutional Law, Harvard Law School; have an appellate lawyer of Pam’s caliber and down-to-earth approach to her work. Rebecca K. Troth, Sidley Austin LLP; work on some of their most difficult prob- The letter concludes: Meaghan VerGow, O’Melveny & Myers lems. LLP; Seth P. Waxman, Wilmer Cutler Pam also found the time throughout her Her well-rounded experience makes her Pickering Hale and Dorr LLP; John M. tenure at O’Melveny to maintain an active well prepared for the docket of a federal ap- West, Bredhoff & Kaiser, PLLC; Mi- pro bono practice. As Co-Chair of the Na- pellate court. Pam’s substantive knowledge, chael F. Williams, Kirkland & Ellis tional Association of Criminal Defense Law- intellect, and low-key temperament will be LLP; Paul R.Q. Wolfson, Wilmer Cutler yers (NACDL) Amicus Committee, Pam great assets for the position for which she Pickering Hale and Dorr LLP; Chris- helped to provide the Supreme Court and has been nominated. topher J. Wright, Harris Wiltshire & countless indigent defendants with high- She has the whole package. She has Grannis LLP. quality briefing on issues affecting the ad- intellectual ability. She has the ability ministration of criminal justice throughout to communicate. She has the demeanor JUNE 23, 2014. the country. Given the disparity in the qual- we would like to see on our Federal Hon. PATRICK LEAHY, ity of representation afforded to many de- bench. Chairman, Senate Judiciary Committee, U.S. fendants in criminal cases, Justices from Let me just add one more char- Senate, Washington, DC. across the ideological spectrum have come acteristic before I yield the floor. I see Hon. CHARLES GRASSLEY, to rely on the excellent lawyering provided Ranking Member, Senate Judiciary Committee, by NACDL. Pam also helped to establish and the distinguished Republican leader of U.S. Senate, Washington, DC. supervise a partnership between O’Melveny the Judiciary Committee is here and is DEAR CHAIRMAN LEAHY AND RANKING MEM- and the Maryland Office of the Public De- going to be commenting. BER GRASSLEY: We write in strong support of fender, Appellate Division, under which the She also has empathy for the impor- Pamela Harris’ nomination to the United firm’s lawyers handled appeals for the Public tance of our legal system to all. She States Court of Appeals for the Fourth Cir- Defender on a pro bono basis. This program, has volunteered her time to pro bono cuit. As current and former partners in the which continues today, provides many of the Washington, D.C., office of O’Melveny & work in order to help address the grow- firm’s younger lawyers with an opportunity ing access to the justice gap in our sys- Myers LLP, each of us practiced law with to get courtroom experience. Pam and has witnessed firsthand her out- Pam approached all of her work with the tem for individuals who could not af- standing legal talent. Moreover, as former utmost level of professionalism, objectivity, ford legal assistance as we still strive colleagues with Pam, we can attest to her and dedication, and we believe she would to provide equal justice under law. collegiality, temperament, and judgment. bring these same qualities to the federal While in private practice she estab- We are confident that she possesses the pro- bench. Whether she was working on a brief lished a pro bono program in which the fessional and personal qualifications to be an for a criminal defendant or a major oil com- excellent judge. law firm where she works worked with As a member of the firm’s appellate prac- pany, Pam’s singular focus was ensuring that the Maryland Office of the Public De- tice, Pam enjoyed a reputation as one of the her client received first-rate legal represen- fender to provide pro bono representa- best brief writers and strategists in the firm. tation. And she did so while also dem- onstrating many of the qualities that made tion to defendants appealing criminal She was the principal author of well-written convictions in State courts and she su- and important briefs on behalf of a range of her such an extraordinary colleague—from clients. her willingness to mentor and support pervised attorneys participating in the On behalf of Circuit City, for example, Pam younger lawyers to her openness to helping program, just another indication she argued for enforcement of its employment her law partners with a section of their brief understands the oath she takes to dis- arbitration agreements. On behalf of Mobil or mooting them for an upcoming argument. pense justice without partiality to Corporation, Pam wrote a petition chal- We conclude by noting that the signatories of this letter span the political and jurispru- wealth, that everyone is entitled to ac- lenging the constitutionality of efforts to cess to our judicial system and our try thousands of individual asbestos cases dential spectrum. Some of us have served in through mass aggregation in state courts. Republican Administrations or worked for legal system and she has taken per- Pam’s brief argued that the contemplated Republican Senators, while others have sonal interest in doing that. mass adjudication of thousands of different served in Democratic Administrations or Senator MIKULSKI and I are proud claims against hundreds of defendants would worked for Democratic Senators. Some of us that she is a long-time resident of violate the Due Process Clause by unduly are members of the Federalist Society, while Montgomery County, MD, we take hindering Mobil’s right to defend itself. The others are members of the American Con- great pride in the fact that she is a brief also argued that pre-trial review was stitution Society. Our ranks include a Marylander, and we urge our col- necessary because the potential for enor- former White House Counsel to President mous liability imposed by unfair proceedings Ronald Reagan, top Commerce Department leagues to support this nomination. would pressure defendants like Mobil to set- and Justice Department officials to Presi- HARRIS NOMINATION tle even meritless claims, rendering post- dents George W. Bush and Bill Clinton, and Mr. LEAHY. Mr. President, today, we trial review an impossibility. senior aides to President Barack Obama. Al- will vote to end the filibuster against

VerDate Mar 15 2010 05:00 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.013 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4864 CONGRESSIONAL RECORD — SENATE July 24, 2014 the nomination of Pamela Harris to tion of law and precedent. It is a lim- teaching award at the University of Pennsyl- serve on the U.S. Court of Appeals for ited role . . . they decide the concrete vania Law School and has been recognized as the Fourth Circuit. She is a highly ac- disputes in front of them with atten- a popular and highly respected professor at complished lawyer with excellent legal tion to particular facts, attention to Penn, Georgetown and Harvard Law Schools. Pam grew up in Bethesda, Maryland, and credentials and has the strong support the arguments of the parties and their graduated at the top of her class from Walt of her home State Senators, Senator briefs, and by applying law and prece- Whitman High School there. For the last 15 MIKULSKI and Senator CARDIN. Her dent to those facts.’’ years, Pam and her family have lived in Po- nomination received the American Bar Both her testimony and the letters of tomac, Maryland, just a few miles away from Association’s highest rating of unani- bipartisan support for her nomination her childhood home. Pam is as invested in mously ‘‘well qualified’’. demonstrate that Pam Harris has a her community as she is in appellate prac- Pam Harris is currently a visiting clear understanding of the role of a tice, serving in roles that range from mem- professor at my alma mater, George- judge and make clear her commitment bership on the Board of Trustees at the Nor- town University Law Center. In her di- to follow Supreme Court precedent and wood School to ‘‘cookie mom’’ for her daughter’s Girl Scout troop. verse career she has served in the Of- to uphold the Constitution. I believe We believe Pam to be exceptionally well- fice of Legal Policy at the Department Pam Harris will be an outstanding qualified and well-suited to serve on the of Justice, as a partner in private prac- judge, and she has my full support. I Fourth Circuit Court of Appeals. We urge the tice, as a professor at University of urge all Senators to vote to end this Judiciary Committee and the full Senate to Pennsylvania Law School, and the ex- filibuster and confirm Pam Harris to promptly review and confirm Pamela Harris ecutive director of the Supreme Court serve on the Fourth Circuit. for a position on that Court. Institute at Georgetown. After grad- There being no objection, the mate- Please do not hesitate to contact any of us rial was ordered to be printed in the if you have any questions. uating from Yale Law School, she Sincerely, RECORD, as follows: served as a law clerk to Judge Harry (SIGNED BY 82 INDIVIDUALS) Edwards on the DC Circuit and Justice JUNE 20, 2014. John Paul Stevens on the U.S. Su- Hon. PATRICK LEAHY, NATIONAL WOMEN’S LAW CENTER, preme Court. She is beyond qualified— Chairman, Committee on the Judiciary, Washington, DC, June 23, 2014. an experienced appellate practitioner U.S. Senate, Washington, DC. Re Nomination of Pamela Harris to the with background in both criminal and Hon. CHARLES GRASSLEY, United States Court of Appeals for the Ranking Member, Committee on the Judiciary, Fourth Circuit civil litigation and a command of the U.S. Senate, Washington, DC. Senator PATRICK LEAHY, law that rivals that of any lawyer in DEAR CHAIRMAN LEAHY AND RANKING MEM- Chairman, U.S. Senate, Committee on the Judi- the United States. BER GRASSLEY: We write in strong support of Some partisans have tried to mis- the nomination of Pamela A. Harris to the ciary, Washington, DC. Senator CHARLES GRASSLEY, represent her past statements in order United States Court of Appeals for the Fourth Circuit and urge prompt consider- Ranking Member, U.S. Senate, Committee on to caricature her. This account of her the Judiciary, Washington, DC. record is simply unrecognizable to ation and confirmation of her nomination. As her classmates in the Yale Law School DEAR SENATORS LEAHY AND GRASSLEY: on those individuals who actually know Class of 1990, we have known Pam for more behalf of the National Women’s Law Center Pam Harris and who know that as a than 25 years. We all believe that Pam would (the ‘‘Center’’), an organization that has judge she would be committed to the be a tremendous asset to the appellate worked since 1972 to advance and protect rule of law. Many lawyers who have bench. women’s legal rights, we write in strong sup- practiced with Pam Harris have writ- In law school, Pam stood out for her keen port of the nomination of Pamela Harris to intellect, her grasp of legal issues, her intel- the United States Court of Appeals for the ten in support of her nomination, in- Fourth Circuit. cluding many prominent Republicans lectual curiosity, her integrity and her fair- mindedness. Because of those qualities, Pam Ms. Harris is exceedingly well-qualified to who are respected in the legal commu- was often able to forge bonds and build con- serve on this important court. She graduated nity. sensus among classmates with very different from Yale College and Yale Law School. She One letter, signed by more than 80 of views. clerked for Judge Harry T. Edwards on the her professional peers, including Greg- Many of us have kept in touch with Pam United States Court of Appeals for the Dis- ory Garre, the former U.S. Solicitor since law school and are familiar with her trict of Columbia Circuit, and for Associate General for President George W. Bush, outstanding legal career. Pam’s breadth of Justice John Paul Stevens on the United reads, ‘‘We are lawyers from diverse experience makes her exceptionally well- States Supreme Court. Following her clerkships, Ms. Harris served as an Attorney-Ad- backgrounds and varying affiliations, suited to serve as a judge on the federal appeals court. After law school, Pam clerked visor in the Office of Legal Counsel at the but we are united in our admiration for for two distinguished jurists, Judge Harry. T. United States Department of Justice for two Pam’s skills as a lawyer and our re- Edwards of the United States Court of Ap- years before joining the faculty at the Uni- spect for her integrity, her intellect, peals for the District of Columbia Circuit, versity of Pennsylvania Law School, where her judgment, and her fair-minded- and Justice John Paul Stevens of the United she received the Harvey Levin Memorial ness.’’ States Supreme Court. Since then, Pam has Teaching Award in 1998. Ms. Harris then Another letter of support from a served in the United States Department of joined the law firm of O’Melveny & Myers number of current and former partners Justice, represented businesses and other cli- LLP as counsel, becoming a partner in 2005. at O’Melveny and Myers LLP, includ- ents in private practice, taught such subjects During her ten years with O’Melveny & Myers, Ms. Harris served as the Co-Director ing A.B. Culvahouse, who served as as constitutional law and appellate practice as a law professor, and served on the boards of the Harvard Law School Supreme Court White House Counsel during the of directors of both national and local legal and Appellate Practice Clinic, and taught at Reagan administration, and Walter and educational organizations. Georgetown University Law Center as a vis- Dellinger, who served as Assistant At- Of particular relevance to the Court of Ap- iting professor. In 2009, she left O’Melveny & torney General of the Office of Legal peals, Pam is a recognized national expert in Myers and joined the Georgetown University Counsel and Acting U.S. Solicitor Gen- appellate advocacy, having served as Execu- Law Center as the Executive Director of the eral during the Clinton administration, tive Director of the Georgetown Law Cen- Supreme Court Institute. In 2010, she became reads, ‘‘Although we may not all share ter’s Supreme Court Institute and Co-Direc- the Principal Deputy to the Assistant Attor- tor of Harvard Law School’s Supreme Court ney General in the Office of Legal Policy at Pam’s views on a range of legal and po- and Appellate Practice Clinic. the United States Department of Justice. litical issues, we are united in the be- Pam has devoted a significant portion of She rejoined the Georgetown faculty as a lief that Pam possesses the intellect, her career to pro bono work. She has rep- visiting professor of law in 2012. fair-mindedness, humility, and funda- resented numerous nonprofit and public in- Ms. Harris’ legal career reflects excellence, mental decency to make an excellent terest organizations as well as individuals. a dedication to public service, and the best federal judge.’’ Pam served as Co-Chair of the Amicus Com- contributions of the legal profession to the I ask that these and other letters of mittee of the National Association of Crimi- public interest. During her career, Ms. Harris support received for Pam Harris’ nomi- nal Defense Lawyers, and she established a has appeared in over 100 federal appellate pro bono program at the law firm O’Melveny cases, and argued before the Supreme Court. nation be printed in the RECORD. & Myers, focusing on Maryland cases, where This record reflects her considerable experi- When asked about her judicial philos- she handled cases herself and supervised and ence, and the brilliant advocacy for which ophy at her nomination hearing she mentored junior lawyers. Pam has mentored she is properly renowned. In addition to testified that ‘‘the role of a judge is to law students and junior lawyers throughout honing her skills as an exceptionally tal- decide cases through impartial applica- her career. She received a prestigious legal ented litigator in the private sector, Ms.

VerDate Mar 15 2010 05:00 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.027 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4865 Harris has spent a good part of her career in poration from 1998 to 2007. Although it may and highly-respected addition to the court. government service and in teaching aspiring seem surprising that a car and equipment She graduated summa cum laude from Yale lawyers. Further, Ms. Harris has shown her rental company would face issues with a con- College in 1985 and received her J.D. from dedication to the public interest and to im- stitutional dimension, that did indeed occa- Yale Law School in 1990. After law school, proving the administration of justice sionally happen. When it did, I turned to Ms. she was a law clerk for Judge Harry T. throughout her career. While at O’Melveny & Harris for advice and assistance. The views Edwards of the U.S. Court of Appeals for the Myers, she had a robust pro bono practice expressed in this letter regarding her quali- D.C. Circuit. She spent one year as an asso- and established a cooperative program be- fications to serve as a judge are informed by tween O’Melveny and the Maryland Office of my interactions with her while at Hertz; I ciate at Shea & Gardner (now Goodwin Proc- the Public Defender, through which the firm hasten to add that those views are my own tor LLP) before clerking for Justice John represents indigent criminal defendants ap- and do not represent the views of my former Paul Stevens of the Supreme Court. From pealing their convictions in state court. She employer, for which I cannot speak. 2010–2012, she served at the Department of also has worked to improve the quality of In my dealings with Ms. Harris, I found her Justice as Principal Deputy Assistant Attor- appellate advocacy as co-director of Harvard to be highly intelligent, quick to grasp ney General in the Office of Legal Policy. issues, creative in her approach to problems, Law School’s appellate advocacy clinic and Ms. Harris has devoted her career largely as Director of Georgetown’s Supreme Court fair in her judgments, and direct in her ad- to academia and public service, excelling in Institute. In that latter capacity, she led the vice. When discussing legal matters, she was work of the Institute, which provides pro incisive, objective and principled; it surely both. She has demonstrated a commitment bono assistance preparing advocates for oral helped that she knew the law so well and to improving the fair administration of jus- argument before the Supreme Court on a could speak with authority on the subjects tice and educating new lawyers. In 1996, she first-come, first-served basis, to elevate the at hand, without a hint of defensiveness or joined the faculty of the University Of Penn- quality of arguments heard by the Justices. dogmatism. She also was an excellent writer, sylvania Law School, where she taught In addition to her contributions to the legal whose work exhibited the same clarity, hon- courses in criminal procedure and received profession in private practice, public service, esty and force that she showed in conversa- the Harvey Levin Memorial Teaching Award and academia, Ms. Harris has served on the tion. (She was, moreover, able to write in 1998. At O’Melveny & Myers LLP, where boards of directors of several nonprofit orga- quickly and with little need for revision; she she was counsel, Harris specialized in appel- nizations, including the Norwood School in seems to be one of those people who gets late and Supreme Court litigation and was Potomac, Maryland. Ms. Harris’ many ac- things right the first time.) In short, Ms. named partner in 2005. During her ten years Harris was a model of professionalism as a complishments are reflected by the unani- in private practice, Harris has become a re- practicing lawyer—someone who engendered mous ‘‘Well-Qualified’’ rating she received nowned Supreme Court and appellate advo- from the ABA Standing Committee on the trust and respect. I note that all those quali- cate, appearing in approximately 100 federal Federal Judiciary. ties are also vital for a judge, and especially The Center has had several opportunities for a judge on a court as important as the appellate cases. In addition, Harris estab- to work with Ms. Harris. In particular, Ms. Fourth Circuit. lished a cooperative program between Harris served as co-counsel with the Center Ms. Harris’s academic achievements, O’Melveny and the Maryland Office of Public in representing Mr. Roderick Jackson before meanwhile, speak for themselves. After grad- Defender, through which the firm provides the Supreme Court in 2005, in Jackson v. Bir- uating from Yale Law School, she served as pro bono representation to indigent criminal mingham Bd. of Ed., 544 U.S. 167 (2005). Mr. a law clerk for Judge Harry T. Edwards on defendants appealing their convictions in Jackson was a teacher and girls’ basketball the D.C. Circuit and for Justice John Paul state court. coach in Birmingham, Alabama. He de- Stevens on the Supreme Court. Ms. Harris Notably, Harris has used her uniquely scribed practice and game conditions for the has also taught at Harvard Law School, the broad experience as an appellate litigator to girls’ team that were inferior to those pro- University of Pennsylvania School of Law, vided to the boys’ team, and complained to and at the Georgetown University Law Cen- prepare the next generation of legal advo- school administrators. He was fired as a ter, where she was the Executive Director of cates and improve the judiciary. She was a coach after doing so, costing him his coach- the Supreme Court Institute, a unique and visiting professor at Georgetown University ing salary and full retirement. Ms. Harris respected project dedicated to improving ad- Law Center and executive director of the law was part of the legal team that litigated his vocacy before the Supreme Court. school’s Supreme Court Institute. As execu- case before the Supreme Court, successfully In sum, I believe that Ms. Harris is an ideal tive director, she managed and participated arguing that Title IX provided a cause of ac- candidate for an appellate court judge. As in a moot court program that prepares advo- tion for retaliation for those seeking to se- her academic credentials demonstrate, she cates for oral argument before the Supreme cure compliance with the law. Working with has a first-rate intellect. Equally important, Court. During her tenure, she worked with she is a mature and able lawyer with signifi- Ms. Harris in Jackson allows us to person- lawyers representing a multitude of inter- cant experience in practice, no small part of ally attest to her outstanding legal skills, ests. For example she assisted both the of- judgment, and analytical thinking, as well which consisted of high-quality advocacy for business enterprises. Beyond that, she con- fices of state attorneys general and lawyers as to her excellent temperament and for criminal defendants; helped to improve collegiality. veys a sense of fundamental decency, with- Ms. Harris’ litigation experience, commit- out which her intellectual abilities and pro- arguments by lawyers bringing civil rights ment to improving the administration of jus- fessional skills would be for naught. I have actions and those defending against civil tice, and dedication to the public interest no doubt that she would bring to the impor- rights actions; and worked with attorneys make her exceedingly well-suited for the po- tant judicial seat for which she has been representing both plaintiffs and defendant sition to which she has been nominated. In nominated the same qualities that have corporations. She has also served as lecturer addition, Ms. Harris’ confirmation would in- made her an excellent lawyer, and that she and co-director of the Supreme Court and crease the diversity on the Fourth Circuit, would instill confidence in all litigants that Appellate Practice Clinic at Harvard Law making her only the sixth female judge to their cases would be decided carefully and School. fairly. I urge you to confirm her nomination. ever sit on this court. For all of these rea- The Leadership Conference believes that sons, the Center offers its strong support of Respectfully submitted, Pamela Harris is an extraordinarily gifted Pamela A. Harris to the United States Court HAROLD E. ROLFE. of Appeals for the Fourth Circuit and urges nominee, with the ability to make objective you to support her nomination. If you have THE LEADERSHIP CONFERENCE decisions on the multifaceted and prominent questions or if we can be of assistance, please ON CIVIL AND HUMAN RIGHTS cases that will surely come before the court. contact us at (202) 588–5180. Washington, DC, July 23, 2014. Her impeccable credentials have garnered Sincerely, CONFIRM PAMELA HARRIS TO THE U.S. COURT her the support of a diverse group of attor- NANCY DUFF CAMPBELL, OF APPEALS FOR THE FOURTH CIRCUIT neys in the legal community and people Co-President. DEAR SENATOR: On behalf of The Leader- across the political spectrum. Harris’ rich di- MARCIA D. GREENBERGER, ship Conference on Civil and Human Rights, versity of experience makes her an excellent Co-President. we write to express our strong support for choice for the U.S. Court of Appeals for the the confirmation of Pamela Ann Harris to Fourth Circuit, and we urge you to vote yes JUNE 27, 2014. serve on the U.S. Court of Appeals for the on cloture and yes to confirm her. Hon. PATRICK LEAHY, Fourth Circuit. At every stage in her career, Thank you for your time and consider- Chairman, Senate Judiciary Committee, Pamela Harris has distinguished herself ation. If you have any questions, please feel U.S. Senate, Washington, DC. through her outstanding intellectual creden- free to contact Nancy Zirkin, Executive Vice tials, her independence of thought, and her Hon. CHARLES GRASSLEY, President, at [email protected] or (202) Ranking Member, Senate Judiciary Committee, strong respect for the rule of law, estab- 466–2880, or Sakira Cook, Counsel, at U.S. Senate, Washington, DC. lishing herself beyond question as qualified DEAR CHAIRMAN LEAHY AND RANKING MEM- and ready to serve on the court. In addition, [email protected] or (202) 263–2894. BER GRASSLEY: I write in strong support of she has demonstrated an unwavering integ- Sincerely. Pamela Harris’s nomination to the United rity and an outstanding commitment to pub- WADE HENDERSON, States Court of Appeals for the Fourth Cir- lic service. We urge you to vote yes on clo- President & CEO. cuit. ture and yes to confirm her. NANCY ZIRKIN, I served as the Senior Vice President, Gen- The Leadership Conference believes Pam- Executive Vice Presi- eral Counsel and Secretary of The Hertz Cor- ela Harris will be an impartial, thoughtful, dent.

VerDate Mar 15 2010 05:00 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.020 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4866 CONGRESSIONAL RECORD — SENATE July 24, 2014 CONSTITUTIONAL ACCOUNTABILITY Pam and know her best—exemplifies the firmation hearing on June 24. It is a CENTER, high praise she has received. These attorneys record that consists of the professor’s Washington, D.C., July 8, 2014. have written: testimony before the Judiciary Com- [E]ach of us practiced law with Pam and Hon. PATRICK LEAHY, mittee and of course her responses to Chairman, Committee on the Judiciary, has witnessed firsthand her outstanding U.S. Senate, Washington, DC. legal talent. Moreover, as former colleagues questions for the record from my col- Hon. CHARLES GRASSLEY, with Pam, we can attest to her collegiality, leagues and from this Senator. It is a Ranking Member, Committee on the Judiciary, temperament, and judgment. We are con- record of a jurist who will be faithful U.S. Senate, Washington, DC. fident that she possesses the professional and to the statutory text and constitu- DEAR CHAIRMAN LEAHY AND RANKING MEM- personal qualifications to be an excellent tional precedents, a record with com- BER GRASSLEY: We are writing on behalf of judge. . . . ments that could be mistaken for those Constitutional Accountability Center, a [T]he signatories of this letter span the political and jurisprudential spectrum. Some of of Justice Scalia or Justice Thomas. think tank, law firm, and action center dedi- But what is so unbelievable to me is cated to the Constitution’s text and history, us have served in Republican Administra- to urge that Pamela Harris be reported fa- tions or worked for Republican Senators, how totally at odds the record of the vorably out of Committee and confirmed while others have served in Democratic Ad- pre-nomination professor is with the promptly to the United States Court of Ap- ministrations or worked for Democratic Sen- record of the post-nomination pro- peals for the Fourth Circuit. ators. Some of us are members of the Fed- fessor. As I said before, it is as if there Pam is one of the country’s leading appel- eralist Society, while others are members of were two entirely distinct nominees late advocates, and her exceptional quali- the American Constitution Society. . . . Al- vying for this single seat on the Fourth fications to serve as a federal judge are well though we may not all share Pam’s views on Circuit. known to us, as Pam has been a member of a range of legal and political issues, we are So for the next few minutes I would CAC’s Board of Directors since 2012. After united in the belief that Pam possesses the like to share with my colleagues some growing up in Maryland, Pam graduated intellect, fair-mindedness, humility, and fun- summa cum laude from Yale College and re- damental decency to make an excellent fed- excerpts from the record of the pre- ceived her J.D. from Yale Law School. She eral judge. nomination Professor Harris and some then held two prestigious clerkships, first for In her testimony before this Committee on excerpts from the post-nomination pro- Judge Harry Edwards on the D.C. Circuit and June 24, Pam demonstrated that she under- fessor. There is no question that the then for Justice John Paul Stevens on the stands clearly the difference between the professor spent her entire legal career, Supreme Court. Following her clerkships, roles she has played in her career as an advo- before nomination to the Federal Pam’s distinguished legal career has in- cate representing clients and as an academic bench, that is, consistently and aggres- cluded broad experience in private practice, and an expert commentator on the courts, sively advocating for a liberal interpre- government service, and teaching. Among and the new role she would take on if con- other things, Pam has served as the Prin- firmed as a judge. In particular, pointing tation of the Constitution that is well cipal Deputy Assistant Attorney General in among other things to her work ‘‘running outside the mainstream of constitu- the Office of Legal Policy at the Department the Supreme Court Institute on an entirely tional jurisprudence. That is the pre- of Justice and practiced as a partner at nonpartisan basis,’’ Pam testified that ‘‘I nomination record. But as I said, that O’Melveny & Myers, where she focused on have never let any personal views I have, po- all changed when she testified before Supreme Court and appellate litigation. litical views I may have, affect the discharge the committee. Throughout her career, Pam has dedicated of my professional responsibilities. And I I would start with the professor’s pre- herself to improving the quality of appellate would not do that if I were confirmed as a nomination views on constitutional in- advocacy before our courts, believing that judge.’’ the courts are best served when the advo- In sum, Pam Harris clearly has the quali- terpretation. She has spoken with un- cates on both sides of a case present the fications, experience, intellect and tempera- usual clarity and forthrightness on the strongest possible arguments. ment to serve with great distinction on the topic. That is in part because she Pam is currently a Visiting Professor at Fourth Circuit. We urge every Senator to served for many years on the board of Georgetown University Law Center, where, support her confirmation. the left-wing American Constitution in addition to teaching the next generation Respectfully, Society. That ironically named group of lawyers, she has also served as the Execu- DOUGLAS T. KENDALL, spends a lot of time developing theo- tive Director of the Supreme Court Institute, President. ries of interpretation that are designed working to prepare counsel for oral argu- JUDITH E. SCHAEFFER, ment before our Nation’s highest court. The Vice President. to attack and redefine key constitutional principles. The professor was at Institute’s ‘‘moot court’’ services are pro- With that, I would yield the floor. vided without charge, as a public service, on The PRESIDING OFFICER (Ms. the forefront of those discussions in a first-come, first-served basis (the Institute many years. So how exactly did the will generally ‘‘moot’’ only one side of a BALDWIN). The Senator from Iowa. Mr. GRASSLEY. Madam President, pre-nomination Professor Harris view case), and without regard to the nature of the sources of constitutional meaning? the case, the parties, the arguments being similar to my colleague from Mary- land, I come to the floor to discuss the Here is a statement she made before made, or the affiliation or identity of the the American Constitution Society in lawyers. The expert assistance offered by nomination of Professor Pamela Harris 2008: Pam and her colleagues at the Institute to to the Fourth Circuit. I come for an- improve advocacy before the Supreme Court other reason, to give my reasons for I just don’t think that any account of the Constitution that even seems to privilege is so helpful and sought-after that the first opposition. call a lawyer often makes after learning that the Constitution as it was originally ratified Contemplating my vote on this nomi- is consistent with the way we should think the Court has agreed to review her client’s nee has been a particularly memorable case is to the Institute, to reserve its moot about the Constitution. Yes, the values, the court services before her opponent does. process. That is because as I reviewed principles, on some level of generality, are Pam’s intellect, temperament, integrity, the professor’s writings, statements, there at the beginning, but they take their and the breadth of her professional experi- and legal briefs, it seemed as though I meaning—and they should take their mean- ence make her extremely well-qualified to was reviewing the record of not one but ing—from what comes after. serve on the Fourth Circuit. This conclusion two nominees. The size of those two We should pause for a moment be- is underscored by the ABA’s rating of Pam as nominees’ records was rather unequal. cause she said a lot in that quote. ‘‘unanimously well qualified,’’ as well as by On the one hand, there is the record of First, we hear how the professor rejects the diversity of voices supporting Pam’s con- out of hand the idea that the Constitu- firmation. Those who have written to this the pre-nomination Professor Harris. Committee to express their support include That is the record reaching all the way tion as originally ratified should guide Greg Garre, who served as Solicitor General back to her graduation from law school its interpretation. Instead she sees in the George W. Bush Administration, Seth in 1990, a record rich in public state- only ambiguous principles. Those prin- Waxman, who held the same position during ments and writings. It is a record long ciples, according to the professor, are the Clinton Administration, A.B. enough to develop a distinct and stri- more or less empty and meaningless by Culvahouse, White House Counsel for Presi- dently left-wing philosophy. That is themselves. That is because those prin- dent Reagan, and Walter Dellinger, Acting one record. ciples, as she formulates them, take United States Solicitor General during the Then, on the other hand, there is the their meaning primarily from subse- Clinton Administration. Indeed, the letter signed by Mr. Culvahouse, Mr. Dellinger, and record of the post-nomination Pro- quent developments. Then the pro- other ‘‘current and former partners in the fessor Harris. It is a dramatically fessor goes on to specify exactly what Washington, D.C. office of O’Melveny & shorter record. That record only began subsequent developments she is talking Myers’’—lawyers who have practiced with a few weeks ago at the professor’s con- about.

VerDate Mar 15 2010 05:00 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.030 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4867 She explains that her interpretive Harris because there is absolutely no cially cautious on social issues when ‘‘source of legitimacy most particu- principled or objective way of making the political branches and political in- larly,’’ is ‘‘what the People do’’ at what that kind of a decision. It is certainly stitutions are deeply and rapidly en- she calls ‘‘critical junctures,’’ includ- not a legal decision. It happens to be a gaged in those issues’’ and ‘‘leave as ing ‘‘the civil rights movement, the matter of personal preference. much to the democratic process.’’ That women’s movement, the gay rights What else can we take away from statement is also a massive sea-change. movement.’’ According to the pro- that quote? Well, we also learned the For the pre-nomination professor, fessor, these movements ‘‘reconstitute professor is definitely not an the democratic process went hand-in- what it is we’re talking about when we originalist. She literally says: ‘‘I’m not glove with the judicial process. Now, talk about American constitutional an originalist.’’ I want you to keep however, with her confirmation on the tradition, when we say words like that in mind because what I have to line, the post-nomination professor equality and liberty, when we change say shows how quickly she can change sees a wall between politics and the what they mean.’’ her views. courts. We need to pause and unpack that Let’s turn now to what the post-nom- Let’s return to the pre-nomination statement. First, the professor explic- ination professor thinks about con- professor for another quote on judicial itly identifies for herself ‘‘a source of stitutional interpretation. As I said be- decisionmaking. Here is what she can- legitimacy’’ to be used in constitu- fore, the contrast is so striking that it didly told a gathering of the American tional interpretation. That source of is almost as if we are dealing with two Constitution Society about that issue legitimacy is not the Constitution’s different nominees for the single seat in 2009: text, nor its structure, nor its history, on the Fourth Circuit. Does the post- I always feel unapologetically, you know, nomination professor still think con- left to my own devices, my own best reading nor its original intent, nor any other of the Constitution. It’s pretty close to established interpretive method. It is stitutional principles change with the where I am. something outside the law altogether, times? Where exactly is the Constitution, in In a response to my question for the and that happens to be social and polit- her view? She tells us flatly: ‘‘I think record, Professor Harris wrote: ical movements. the Constitution is a profoundly pro- I will put it this way: They are the I do not believe that the Constitution’s gressive document. I think it’s born of social and political movements that provisions and principles change or evolve, other than by the amendment process in Ar- a progressive impulse.’’ Well, if that is Professor Harris chooses for inspira- where the Constitution is, where then tion. They are the social and political ticle V. They are fixed and enduring and judges are not free to change them whether is the professor? Again, there is no movements Professor Harris has de- by incorporating public preferences or their mystery here because she is very up- cided to raise all the way to constitu- own policy views. front with that answer: ‘‘I’m a pro- tional status. It is these extralegal That is astounding. It is like a night- foundly liberal person so we’’—she is sources that she says change the scope and-day difference with the judicial talking about herself and the Constitu- of the Constitution’s guarantees of philosophy I have previously quoted tion as one—‘‘we match up pretty well. equality and liberty. from the pre-nomination Professor I make no apologies for that.’’ I am sure you are going to say this Harris, and it is totally incompatible Think for a moment about what the sounds as though I am making it up, with the philosophy which Professor professor is saying. I frankly cannot re- but I am not. The professor literally Harris has developed over the decades. call a judicial nominee who has actu- said, ‘‘We change what they mean.’’ Now we suddenly hear that the pro- ally expressed her belief that the Con- Who is the ‘‘we’’ the professor is talk- fessor believes in unchanging and in stitution embodies the nominee’s per- ing about? I suspect it is the people in sonal political philosophy, but that is fixed—dare I say eternal—principles social movements that Professor Har- exactly what Professor Harris does in that cannot be changed except by an ris finds particularly inspirational. I that statement. Article V amendment. Think about how she put it: The Con- suspect it is also the people who share All of a sudden there are no more so- stitution is pretty much where she is her view that the Constitution’s origi- cial movements. All of a sudden there nal guarantees are merely empty ves- as a liberal. It is almost in sync with are no more ‘‘critical junctures.’’ All of her views. That was a crystal-clear ex- sels which can be filled with whatever a sudden there is no more ‘‘what the political or social ideas a judge might planation of how the pre-nomination people do.’’ All of a sudden there is no Professor Harris viewed her beliefs and ‘‘privilege,’’ as the professor puts it. more ‘‘privileging’’ or ‘‘reconsti- In other contexts, Professor Harris the Constitution. tuting’’—those are her words. So no said the meaning of the Constitution But what does the post-nomination more ‘‘privileging’’ or ‘‘reconstituting’’ changes based on things such as ‘‘an Professor Harris have to say? At her constitutional meaning. All of a sudden evolving and changing public under- hearing, she told our Judiciary Com- the meanings are now fixed in our Con- standing,’’ ‘‘the consequences of con- mittee: stitution. All that other stuff she pre- stitutional rulings,’’ and ‘‘the cir- I do not believe that it is the view of a viously said happens to be in the rear- cumstances on the ground.’’ Note the judge ever to import his or her personal val- view mirror. ues into judicial decisionmaking. absence of any legal standard on that Now judges are forbidden from incor- list which seems to be the basis of the Again, the post-nomination state- porating public preferences to change ment is strikingly at odds with the pre- rule of law or the basis of stare decisis. constitutional principles. Public pref- I will finish up with the professor’s nomination views. Or, perhaps we erences as interpreted by the judge, of quote. should actually take the post-nomina- course. But just a few years ago that I think that constitutional legitimacy tion statement at face value. After all, comes, even in part, from the fact that it was at the very core of her interpreta- Professor Harris doesn’t need to import does reflect these social movements and tive philosophy. her own views when interpreting the what happens at these particular moments I have another post-nomination Constitution. As she explained, it just when the people come together and force this quote. happens to be almost as liberal as she kind of change in the way we think about I would never suggest that a justice of the is. So that is a fortunate coincidence, I ourselves and what it means to be American. Supreme Court, or any judge, should change suppose. And I think there’s something about his or her opinions based on public opinion. What about the professor’s views on a originalism at least as it’s commonly under- That is not the way I view the role of a particular judicial philosophy? Re- stood that’s inconsistent with that. And judge. member earlier her pre-nomination that’s why I’m not an originalist, even now. That happens to be the way I view criticism of originalism and her asser- Let’s recap. The Constitution derives the role of a judge, and now she says tion that she is definitely not an some of its legitimacy, as the professor that is the way she sees the role of a originalist. put it, from social movements at par- judge, but it is completely contrary to That happens to be out the window as ticular moments. Again, how are we to what she had thought for decades be- well. know which particular moments rise to fore this nomination. Here is her post-nomination testi- the level of constitutional signifi- The post-nomination Professor Har- mony: ‘‘I do not reject originalism as cance? We will have to ask Professor ris added that courts should be ‘‘espe- an interpretive method.’’

VerDate Mar 15 2010 02:15 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.028 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4868 CONGRESSIONAL RECORD — SENATE July 24, 2014 Those are just a few of the contradic- ing that the professor is a ‘‘champion vote for the Affordable Care Act as the tory quotes from the pre- and post- of liberal jurisprudence’’ and will be a cases make their way through the nomination Professor Harris which ‘‘sympathetic vote for liberal causes.’’ court. strikingly illustrate almost unbeliev- We know that will be the case from the I am voting ‘‘no’’ on this nominee able inconsistencies in her judicial phi- pre-nomination professor’s long record and I urge my colleagues to do the losophy and understanding of constitu- of impassioned liberal advocacy. same. I yield the floor. tional interpretation. The article also observes—accu- UNANIMOUS CONSENT AGREEMENT—EXECUTIVE The quotations also point to issues rately, in my view—that Professor Har- CALENDAR that are deeply troubling about this ris ‘‘clearly has an interest in using her The PRESIDING OFFICER. The ma- nominee, and I’ll discuss a few of them. voice to project a liberal jurisprudence jority leader. First, this nominee has made many perspective.’’ That quotation pretty Mr. REID. Madam President, I ask statements suggesting that if con- much sums it up. All anyone needs to unanimous consent that notwith- firmed, she would pursue a results-ori- do to confirm that claim is to read the standing rule XXII, following the clo- ented, whatever-it-takes approach to pre-nomination professor’s public ture vote on Executive Calendar No. deciding cases. From this nominee’s statements, because they are all out 777, Disbrow, the Senate consider and past commentary, we know that she is there. It is not a secret what this nomi- vote on calendar No. 919, Mendez; No. not only a devoted liberal, but she nee thinks about the law and what she 920, Rogoff; and No. 921, Andrews; fur- would also strive to move the courts thinks about the courts. And it is no ther, that at a time to be determined leftward to suit her ideological pref- secret what kind of a judge this nomi- by me, in consultation with Senator erences. nee will be if she takes the bench. MCCONNELL, on Monday, July 28, the For example, in discussing the War- So it seems pretty clear to me that Senate consider Calendar Nos. 915, ren Court, the professor said she won- the timing of the vote on this nominee Kaye; 916, Kaye; 913, Mohorovic; and 744 dered ‘‘whether we almost have, by is not purely coincidental. We know McKeon; that there be 2 minutes for now, a stunted sense of what the legal this because of this week’s ObamaCare debate equally divided between the two choices really are, what really is a lib- decisions handed down by the DC Cir- leaders or their designees prior to each eral legal outcome.’’ cuit and the Fourth Circuit. vote; that upon the use or yielding Just listen to that phrasing again: Last November, when the majority back of time the Senate proceed to ‘‘liberal legal outcome.’’ Is there any changed the cloture rule on judicial vote without intervening action or de- doubt this nominee views the courts as nominees, I told my colleagues the debate on the nominations; further, if simply a third political branch? cision was a blatant attempt to stack any nomination is confirmed, the mo- I will quote again: the DC circuit with judges who would tion to reconsider be considered made If Chief Justice Warren came out a certain view sympathetically the administra- and laid upon the table, with no inter- way, that must be as liberal as it gets. tion’s arguments in upcoming vening action or debate; that no fur- That’s not right! I think that we’ve stunted ObamaCare lawsuits. ther motions be in order to the nomi- the spectrum of legal thought in a way that The other side dismissed the notion nations; that any statements related to removes the possibility that there could have been more progressive readings of the that the rules change was designed to the nominations be printed in the Fourth Amendment and the Fifth Amend- tilt the court in the President’s direc- RECORD; that the President be imme- ment. tion and to salvage ObamaCare. Well, diately notified of the Senate’s action. It seems Professor Harris doesn’t as we all know, a three-judge panel of The PRESIDING OFFICER. Is there think the Warren court was nearly lib- the DC Circuit decided the Halbig case objection? eral enough. That is a fairly aston- this week against the administration, Without objection, it is so ordered. Mr. REID. For the information of all ishing view in itself. and it only took the administration I often hear liberals and some of our about an hour to announce that it Senators, we expect nominations con- nominees talk about the so-called liv- would seek a rehearing by the en banc sidered today to be confirmed by voice ing Constitution. Well, it is clear to me DC Circuit, which now includes four of vote. this nominee sees not a living Con- the President’s nominees. The PRESIDING OFFICER. The Sen- stitution but a profoundly political As we all know, our distinguished ator from Washington. Constitution. She said so herself. She majority leader rushed through three WASHINGTON WILDFIRES sees judges as proxies engaged in a tug- of those four nominees immediately Mrs. MURRAY. Madam President, I of-war who use judicial power as an in- after the rules change. And yesterday come to the floor today to speak for a strument of political control. Her the distinguished majority leader fi- few minutes about the absolutely dev- statements, as I explained a few min- nally admitted that the upcoming en astating wildfires currently burning utes ago, also are a clear indication of banc panel on the Halbig ruling vindi- through the farms, communities, and her belief that the role of a judge is to cated his decision to go nuclear. He public lands of our home State of reflect those political and social forces. said: ‘‘I think if you look at simple Washington. For example, speaking about Justice math, it does.’’ As a lifelong resident of Washington Kennedy’s stance on gay marriage, the So the distinguished majority leader State and the Pacific Northwest, I have professor said that the Justice ‘‘should isn’t even trying to disguise his intent, always been aware of the annual risks be changing the same way the whole and that is exactly what happened with and dangers that wildfires pose to our country is changing.’’ this nominee on her way to the Fourth region. Every summer, a combination That is the language of politics, not Circuit. of rising temperatures, months of dry the language of law. This nomination is being considered weather, and our State’s obvious abun- She has said so many things to this ahead of other circuit nominees on the dance of forest and fields have resulted effect that I find myself asking this executive calendar. Why is this Fourth in wildfires capable of threatening question: Will this nominee even con- Circuit nomination being fast-tracked? homes and businesses across our State. sider the law when deciding a case or is Why fast-track one of the most liberal Each summer we have worked to be- it all progressive outcomes, social nominees we have considered to date? come better and better prepared to movements, and critical junctures? If history is any guide, the answer is help protect our communities. So it is clear there are two Professor simple. It is all about saving But one wildfire burning this year is Harrises: the pre-nomination professor ObamaCare. The other side wants to the single largest we have seen in and the post-nomination professor. stack the Fourth Circuit just like the Washington State. Since last Tuesday, Let’s not be naive about which Pro- DC Circuit, because the Fourth Circuit massive wildfires covering hundreds of fessor Harris will sit on the Federal hears a disproportionate number of sig- thousands of acres have ravaged our bench—for life—if confirmed, because nificant cases involving Federal law farm lands, our agricultural areas, our no one else is being naive about that and regulations, as does the DC Cir- cherished public lands, and, most im- question. cuit. portantly, communities throughout Take, for example, an article pub- So my colleagues should understand Chelan County, Okanogan County, and lished last May in New Republic gush- a vote for this nominee is also a solid others across eastern Washington.

VerDate Mar 15 2010 02:15 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.032 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4869 I am talking about a massive wave of ing bill that was released yesterday ac- volunteering goods, things everybody flames that has burned an area now tually includes $615 million for fire- in the community needs. four times the size of Seattle, which is fighting efforts in Western States— So I thank the people of Washington our State’s largest city. Even for those money I requested along with my col- and particularly in the central part of of us who have lived our entire lives league Senator CANTWELL and 10 other the State for everything they are doing with the reality of wildfires, this is un- colleagues. But we know there is a lot to help battle this fire. precedented. So while I am here in more work to be done. We have to get EXPORT-IMPORT BANK what we call ‘‘the other Washington,’’ that funding passed through the Senate Madam President, I also come to the today, my heart, my thoughts, and my and the House and to the President’s floor to talk about the Export-Import prayers are in Central and Eastern desk right away. Bank and the fact that we still need to Washington. Even here on the Senate I am really very pleased that early work out a deal on the Senate floor so floor, I can’t help but think of the fire- yesterday morning the President, in we can move this legislation. Time is fighters and first responders and every- fact, made an emergency declaration running out. We only have a few days one who is neglecting sleep and rest to that is going to help those commu- before the August recess and literally protect their communities. Most of all, nities fight these wildfires. only a few legislative days when we re- I can’t stop thinking about the families I know that I and Senator CANTWELL turn to make sure we reauthorize this who lost their homes and all they own and all of us are going to be working important credit agency that helps to this horrific disaster. with our local officials and Federal of- manufacturers export their products. If there is one thing I know about our ficials all the way up to the President When you grow U.S. manufacturing, State, it is that we don’t turn away to make sure those communities get you grow U.S. jobs. What we want to do from hard times or hard work. Over the what they need. is make sure our manufacturers have a last several weeks I have talked with a Thank you, Madam President. I yield fair shot at getting their products sold number of the local leaders in the com- the floor and suggest the absence of a overseas. So it makes no sense to me munities that are facing these fires, in- quorum. that the fate of an organization that is The PRESIDING OFFICER. The cluding Sheriff Frank Rogers in such an important tool to businesses clerk will call the roll. Okanogan County, Sheriff Brian Bur- and comes at no cost to the taxpayers The legislative clerk proceeded to cannot get reauthorized. In fact, I am nett in Chelan County, and Mayor call the roll. sure there are colleagues in the House Libby Harrison in the small town of Ms. CANTWELL. Madam President, I of Representatives who would, if they Pateros, where dozens of homes, in- ask unanimous consent that the order had a chance, just outright kill the cluding hers, have been lost to this for the quorum call be rescinded. credit agency altogether. fire. Every one of them told me that The PRESIDING OFFICER. Without Last week 31 Governors signed a let- while their community is facing hard objection, it is so ordered. ter that basically called for the reau- times, nobody is giving up. They have Ms. CANTWELL. Madam President, I thorization of the Export-Import Bank. been doing everything they can to pro- join my colleague from Washington That brings the total number of Gov- tect each and every person in their who was just on the floor to take a mo- ernors to 37. I am proud my Governor, rural communities, and so far they ment to recognize the heroic efforts Jay Inslee, along with Governor Robert have been able to do that. that are underway in the State of Bentley from Alabama, led an effort to I wish to share one story that speaks Washington, battling wildfires with in- say to the Congress: This is important to what is happening in my home State dividuals who are trying to protect to do. They see the result in their right now. As I mentioned, this small their homes and property. Our hearts States as it relates to jobs, and they town of Pateros has been hit very hard. go out to the family and friends of Rob- want to make sure we get this reau- They haven’t lost any lives, but they ert Koczewski, a retired State trooper thorized. have lost more than 100 homes and and veteran who suffered a heart at- There are Governors from all over buildings throughout their community. tack and died while trying to save his the political spectrum—liberal Demo- But one building they did not lose was own home. crats, to moderate Democrats, to mod- their school, which has always been to I thank the local, State, and Federal erate Republicans, and even tea party them the central place of their commu- agencies that are working together to Republicans—so there are Governors nity, and it is now the central staging meet the logistical needs of extin- out there from Neil Abercrombie of Ha- area as these fires rage on. As in many guishing these multiple fires and for waii, to Governor Paul LePage of other small communities, the school in the efforts they have already made to Maine, who want to get this important Pateros serves kids in grades K help save lives and minimize damage in tool reauthorized. Even though they through 12, and last week that fire what is the largest wildfire in our are from many different spectrums, came within just a few feet of that State’s history. they see that this creates jobs in their school. I thank all of the community orga- State. Firefighters and responders were nizing individuals who have done so I would like to point out that nine of working elsewhere. So the school could much work in their individual commu- those signatures come from Republican easily have burned down, until a local nities to support the efforts of the fire- Governors, plus five Republican Gov- man by the name of Augustine Morales fighters and to work with everybody in ernors sent their own letter. So that is decided to do something about it. He the community to make sure every as- 14 Republican Governors who joined a and a friend used hoses on the backs of pect of security and safety is there for chorus of voices in the legislative body their own trucks to fight back that fire the families who have lost their homes. to make sure we are doing what is and save their kids’ school. I thank the individuals who have right for the economy and renew this Augustine was interviewed by a local been working to provide shelter and to charter for the important Export-Im- TV station and here is what he said: help their neighbors no matter what it port Bank. Everything was going through my mind be- takes. I wish to point out from the letter cause I have my kids and I have to take care There is a huge spirit alive in the that it basically says that without the of my kids, and I [was] just thinking . . . if Okanogan people who are working very financing, U.S. firms would have lost you die, I don’t know what’s going to hap- hard to make sure they are also con- sales to overseas competitors. pen. tributing. They have a great deal of So this is what the Governors are So that is what so many people just self-reliance, spirit, and they want to trying to tell us. They are stewards in like Augustine are facing right now in make sure that, as FEMA and others their States of jobs and the economy, Central and Eastern Washington, and I are moving in, they are also respon- and they are very concerned about the know they will not be giving up. sible in helping with fighting the fires Export-Import Bank. So we want to In addition to our thoughts and our and to work to make sure as many peo- make sure we continue to listen to prayers, we have to make sure we are ple as possible in the community can those Governors and get their help in working to have all of the Federal re- be saved from this devastation. making sure their Members of Congress sources they need available. I am We are hearing many moving stories from their individual States support thrilled the Senate supplemental fund- of Washingtonians donating their time, this legislation.

VerDate Mar 15 2010 02:15 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.034 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4870 CONGRESSIONAL RECORD — SENATE July 24, 2014 They also are talking to thousands of how they are supposed to operate. So today without the Export-Import Bank small business owners who are saying this is not a bank that is somehow and there are certain things that would that failing to reauthorize the Export- competing with banks across America. not have been done without them. Import Bank would lead to fewer ex- They are partnering with financial in- I want to go back to the fact that the ports and a loss of jobs in all 50 States. stitutions that see risks in overseas banking industry really does believe They are out there trying to make sure markets that they think are undevel- the Export-Import Bank is a necessary they are drumming up support in the oped and do not have the banking and tool. ‘‘The Ex-Im Bank remains a vital congressional delegations of their financing institutions in their organi- partner for the lending community,’’ States. That is because trade is a criti- zation to help get these things done, according to the bankers association. cally important aspect to our economy. and so they want to partner with the I think this shows there are people I just talked to one of my colleagues Export-Import Bank. who are just not educated on the struc- today who was telling me how much It is helping businesses all across our ture of the bank, how it works, how their State was recovering, but in the country. In fact, 98 percent of the Ex- important it is to be an important tool areas where they were doing the most port-Import Bank’s transactions were for us. I want to make sure we under- exports, their State was really grow- involved with banks throughout 2013. stand why the private sector cannot do ing—that particular part. So it is not taking business away from these loans. In 2013, U.S. exports reached $2.3 tril- them; it is actually helping businesses If people understand how the bank lion in goods and services. So exports throughout our country. works, some still want to come back across the Nation that are attributable The Export-Import Bank is a leading and say: Well, they still should be to the Ex-Im Bank support about $37 indicator for U.S. companies in how to doing it themselves. billion worth of U.S. exports and about get business done in these developing I want to go to one chart that basi- 205,000 related jobs. So you can see that markets, and it is often in the national cally shows some of the challenges the Export-Import Bank is a vital tool and local banking interest to have a bankers face when they are dealing to creating jobs in our U.S. economy, partner such as this because they see with this. They face bank balance and it does all of this returning $1 bil- deals and opportunities that come sheet limitations; that is, the ability lion to the Federal Treasury. To me, it through their local communities. to hold all of those deals on their books is a win-win for taxpayers and it is a I know there are banks—the Pre- over the period of the loan. They have good aspect for jobs. As I said, it is siding Officer’s major banks in parts of the added risk of exporting to foreign 205,000 export-related jobs and $37 bil- the Midwest, KeyBank—and others markets, which can be challenging at lion in exports. That supports over have talked to me about how impor- best. And they have the lack of the fi- 2,000 small businesses throughout our tant it is because they have home- nancial sector presence in those emerg- country. That is actually the direct grown businesses that come to them, ing markets. impact of businesses that are exporting and they see the opportunity but they So as to all of those things, if you with the help of the Export-Import also see the risk, and having this credit are, as I just mentioned, one of these Bank. I say that because there are so agency be a partner with that local banks—from the Wallis State Bank in many more people who are involved in bank helps them secure the deal. Texas to the Alaska Commercial Fish- the supply chain, and we talked about As we look at this chart, it basically ing and Agriculture Bank—you can see that last week. shows that 98 percent of the Ex-Im that they want to help this business in I would like to address one issue Bank transactions are involving com- their State export or like this company today that I hear about from a lot of mercial banks. So, again, there is this I mentioned—Air Tractor in Texas that colleagues: Well, isn’t this just some- notion that somehow this bank is com- manufactures aircraft for agricultural thing the private sector can do? peting with the private sector when, in purposes. You can see they want to I guarantee you, if the private sector fact, it is basically prohibited in their help them. But, again, is the Wallis could just do it and would do it, we charter, and 98 percent of the deals are State Bank going to be able to go out would be very happy. I am here to de- actually done with an individual bank, and assess all these international mar- bunk that myth. In fact, in the words which shows that this is really a tool ketplaces and assess whether that end of the private sector, it is all about for our commercial banking. customer is going to be able to con- them needing the help of the bank to So these are banks everywhere, from tinue to pay on the life of this pur- actually make deals work. Anyone who the Alaska Commercial Fishing and chase? No. This bank is not figuring thinks they know what they are talk- Agriculture Bank in Anchorage, to the out how to do that. So basically they ing about, I want to make sure they Wallis State Bank in Texas, as well as are just turning this business down. understand. national banks such as Wells Fargo and Yet we have a U.S. manufacturer that First and foremost, in the bank’s others. So they find it a very viable has figured out a great product, figured charter, it prohibits them from com- tool and something that is important out how to make it, figured out how to peting with private financing and re- to do. get customers overseas, figured out quires that all financing have a reason- According to a recent statement by how to compete with international able chance of repayment. So literally the Bankers Association for Finance competitors, and we have people here in the bank’s charter it says they are and Trade and the Financial Services strangling the one tool they need—the not there to compete with these banks. Roundtable, the Export-Import Bank of credit agency that helps the local bank Yet I hear so many times my col- the United States plays a critical role in their community finance the deal. leagues on the other side trying to say: ‘‘in international trade and US job cre- So I just want to say I hope we re- Oh, well, this is just something that ation by providing export financing solve this issue with the Export-Import we, the government, should not be in- products that help fill gaps in trade fi- Bank. I hope our colleagues on both volved in. nancing otherwise not provided by the sides of the aisle can come to terms I just pointed out that we actually private sector.’’ with the amendments that are nec- make money off of it. So that part is So we are hearing from these indi- essary to move this bill to the Senate really good for us because it helps us vidual banks that are saying this and floor. I know last time we had a similar pay down the Federal deficit. And I basically articulating that this is a debate and a lot of discussion, but in just mentioned how banks want to tool. In fact, one CEO, John Stumpf the end there were about 79 votes for partnership with this credit agency be- from Wells Fargo, recently talked the Export-Import Bank. cause it helps them, but it is actually about his work with a company called I guess I would ask all of my col- in their charter that it prohibits them Air Tractor. Air Tractor is a Texas leagues now to think about our econ- from doing so. Specifically, the charter company that manufactures agricul- omy and how much U.S. manufacturers says, in section 2, that the bank should tural aircraft, with 50 percent of its need to sell in overseas markets. We ‘‘supplement and encourage, and not business being overseas. He said how are having an unbelievable growth in compete with, private capital’’—‘‘not important it was that the Export-Im- the middle class around the globe. It is compete with, private capital.’’ So port—I am going to quote him: Air going to double in the next 15 years. there it is in their own charter, exactly Tractor would not be where they are That is 2.7 billion more middle-class

VerDate Mar 15 2010 02:15 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.037 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4871 consumers who could buy U.S. products time to let international competitors grow apples on 3,500 acres in rural Vir- and U.S. services, but they will not if eat our lunch. We have to be aggressive ginia. It is a longstanding family- we hamstring the export-import credit and we have to compete. That is why owned business that has produced ap- agencies that help support banks in the this bank needs to be reauthorized. ples in the Commonwealth since 1918. financing of U.S. manufacturers’ goods I am here today to talk about why it This family-owned business in sold overseas. matters in Virginia, using Virginia as Timberville uses the Export-Import I hope my colleagues will help us get an example. I know the Presiding Offi- Bank to protect deals made with com- this bill to the floor, get it reauthor- cer will forgive me for being partial to panies in rapidly expanding markets ized, and not for a short term, not for the Commonwealth. But anyone can such as West Africa and India, where 3 months, not for more mischief to be get up here and do exactly what I am the risks are high, and conventional had, but to give predictability and cer- going to do, talk about businesses in lenders may be a little skittish. tainty to people who are actually grow- their States, to whom the Export-Im- Then it gives their partners peace of ing jobs in the United States of Amer- port Bank is incredibly important. mind and a credible system for evalu- ica, our manufacturers. In Virginia generally since 2007, the ating buyers abroad. The credit insur- UNANIMOUS CONSENT AGREEMENT EXECUTIVE Ex-Im Bank has supported 98 compa- ance is one of the most competitive CALENDAR nies in every congressional district. and user-friendly products in the mar- Madam President, I ask unanimous Fifty-nine are small businesses, ten are ket for small growers such as Turkey consent that the confirmation votes on minority-owned, three are women- Knob, who do not have a large inter- Mendez, Rogoff, and Andrews occur fol- owned, more than $1 billion in exports national office or large international lowing the vote to confirm the Disbrow supported in Virginia since 2007. I have export offices around the globe. With- nomination, and with all other provi- heard from everybody in Virginia, from out Ex-Im credit insurance, Turkey sions of the previous order remaining Governor McAuliffe to the Virginia Knob would export less and their ex- in effect. Chamber of Commerce, to both the Na- ports would be exposed to more risk, The PRESIDING OFFICER (Ms. tional and Virginia Association of more potential liability. HIRONO.) Without objection, it is so or- Manufacturers saying: Whatever you Additionally, with the credit insur- dered. do, find an agreement to authorize the ance program, small exporters are able The Senator from Virginia. continuation of this very important to build these deals so they can build EXPORT-IMPORT BANK bank. long-term relationships and expand Mr. KAINE. Madam President, I have Let me tell you about four compa- business that otherwise would not be got a deal for you: Let’s create Amer- nies. They are very different compa- possible. ican jobs, let’s help American busi- nies: rockets, apples, compressors, and We want importers abroad to buy nesses find customers abroad, and let’s paper. It sounds like a rock-paper-scis- Virginia apples. We think our apples do it at no cost to the American tax- sors thing, right? are every bit as good as Washington payer. I rise to speak about exactly the Orbital Sciences Corporation in Dul- State’s or any other State’s apples. We point Chairwoman CANTWELL just les, VA, right here close. Orbital manu- are proud to market them, and other spoke about, the chairwoman of our factures small and medium-class space products from Virginia as well, espe- Small Business Committee, the impor- systems, mostly satellites and rockets. cially at a time when the economy tance of the Export-Import Bank, Their headquarters is in Dulles, 3,600 needs to be stronger. But we would not which expires on September 30 of this employees, high-paying jobs. They be able to find those clients for growers year. launch rockets from all over the coun- such as Turkey Knob without the Ex- The Senate and House need to act to try, including Wallops Island near Im Bank. continue the job so we can continue Chincoteague on the eastern shore of Compressors. Bristol Compressors in the bank, so we can create hundreds of Virginia. They build satellites for the Bristol, VA, right on the border with thousands of jobs, so we can help U.S. Government but also sell commer- Tennessee in the State’s far south- American businesses find customers cial communications satellites to western corner. This is a manufac- abroad, and do it at no cost to the many international buyers. turing company, very cutting edge. American taxpayer. Chairwoman CANT- This commercial business that Or- They design and manufacture compres- WELL did a good job of explaining the bital has is faced with significant com- sors for residential and commercial ap- bank and what it does. I will just spend petition from European satellite manu- plications—air conditioning, heat a few minutes on that. facturers, EADS/Astrium and Thales/ pump, refrigeration. It is one of the It is an independent, self-sustaining Alenia. So Orbital relies on the Export- largest compressor manufacturers in Federal governmental agency. It is one Import Bank to level the playing field. the world. They also serve manufactur- of the most important tools that U.S. These European manufacturers get as- ers and distributors across six con- companies have to boost exports to all sistance from their governments to go tinents. I think Antarctica may be the the countries and all the customers out and compete for this commercial exception. They have enough air condi- abroad who want high-quality products business and Orbital does the same. tioning there. produced in the United States. The This neutralizes the advantage that But Bristol has worked directly and bank assumes country and credit risks European governments try to give to indirectly with the Ex-Im Bank that other private sector lenders are their satellite industry. In the last few through their credit lenders for many unwilling or unable to do, at a reason- years, since 2012, Orbital has produced years. Bristol would not be able to able cost. It helps level the playing 38 satellites. Six of them relied on Ex- service the majority of its inter- field for U.S. businesses because so port-Import Bank financing and would national business without the support many of our global competitors have not have been done without the back- of the Ex-Im Bank. I have been to this banks just like this that loan even stop the Ex-Im Bank provides. company. It is in a part of the State more or support even more loans than For every commercial satellite that that needs more jobs, not less. Without we do. So this is about leveling the Orbital builds, 300 jobs are supported, the Ex-Im Bank, they would not be playing field for American businesses. direct and indirect, within the com- able to service their customers on six In fiscal year 2013, the Ex-Im Bank pany, and then there is a supply chain, continents. approved an all-time high 3,842 loan au- with suppliers all over the country. Bristol has told us that without the thorizations, with a total estimated ex- There are an additional 300 jobs in the support, jobs at Bristol would be at port value of $37.4 billion. That is esti- supply chain. So the story of Orbital, risk, which would have a negative im- mated to have created or sustained manufacturing rockets and satellites, pact on the local economy. We want to over 200,0000 export-related jobs right is illustrative of the contribution the promote American manufacturing, not here in the United States. Countries Ex-Im Bank makes to U.S. small and shrink it. such as China, France, Germany, medium-sized aerospace companies. Finally, paper. Eagle Paper Inter- Korea, and India are extending mul- Let’s switch from rockets and talk national in Virginia Beach. This is an tiple times as much financing as our about apples for a minute. Turkey international paper manufacturer and Export-Import Bank. This is not the Knob Orchard in Timberville, VA. They distributor, been around since 1988.

VerDate Mar 15 2010 03:15 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.044 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4872 CONGRESSIONAL RECORD — SENATE July 24, 2014 Virginia Beach is an important place, sured it must be election season. The If we want greater economic growth because we have an active port in Vir- bill before us purports to deal with the and more jobs, we need a Tax Code that ginia Beach, one of the busiest ports on problem of companies relocating jobs creates a level playing field, not one the east coast of the United States. So from the United States to foreign coun- that picks winners and losers based on it is a great place to find exports and tries by denying the deduction associ- the preferences of Members of Con- ship exports from. ated with doing so. This must be the gress. Eagle Paper has succeeded in its 25 tax benefit for shipping jobs overseas Even if we were to assume that a new years in business in exporting paper that we heard so much about from the tax credit for insourcing would be a worldwide. Eagle has told us very Obama campaign in 2008 and again in good thing, the official estimate of the plainly: 2012. bill from the Joint Committee on Tax- Ex-Im is a crucial part of our business. There is only one problem with re- ation tells us that this particular tax Without the export credit insurance we pealing this special tax break for com- credit will have essentially no impact would not be able to support the customer panies that ship jobs overseas. It does on our economy. According to this new not exist. According to the Joint Com- base that we currently have. Without this estimate, the new insourcing credit mittee on Taxation, ‘‘Under present customer base our sales would decrease and will provide a tax credit to U.S. compa- in turn we would have to eliminate employ- law, there are no targeted tax credits nies of $35 million a year. That is $35 ees in order to keep our business up and run- or disallowances of deductions related million out of a $17 trillion economy ning. to relocating business units inside or or, put another way, this credit will Not often do we have such no- outside the United States.’’ That is equal .000002 percent of annual U.S. brainers present themselves on the from the Joint Committee on Tax- economic activity. Yes, that is a dec- floor. I will end where I started: Let’s ation. imal point followed by five zeroes. This create American jobs. Let’s help busi- This statement is not surprising, bill isn’t a drop in the budget; it is nesses find customers around the given that numerous independent fact more like a drop in the Pacific Ocean. world. Let’s do it at no cost to the checkers disputed the repeated claims American taxpayer. We do not make in 2008 that companies were receiving Yet despite the fact this legislation general fund applications to the Ex-Im tax breaks for shipping jobs overseas. won’t help our economy or create jobs Bank because they charge their cus- These fact checkers called that state- or make America more competitive in tomers for the services they provide. ment ‘‘false’’ and ‘‘misleading.’’ But I the global economy, I voted with most Not only do they break even, they ac- guess the facts do not matter when it of my colleagues to move forward with tually raised $2 billion above the loans is an election year. What this bill will this debate because I believe we need they put out in the last few years, do is insert yet more complexity and to have a robust debate about those which they then used to make more uncertainty into our Tax Code. measures that will energize our econ- The reality is the United States loans to more American businesses to omy. economy is a $17 trillion enterprise, create more jobs. As such, I filed a number of amend- with businesses all across this country I have been heartened to see 50-plus ments that would have a meaningful, constantly closing old operations and months of private sector job growth. I positive impact on our economy—un- opening new ones. If this bill becomes know the Presiding Officer has as well. like, I might add, the underlying bill. law, companies that might want to For example, I filed an amendment to But we also know we are not where we close an old factory or open a new one need to be yet. GDP needs to be higher. make the small business expensing would now have to worry if they will limits, which expired at the end of last More jobs need to be created. We need have to pay a tax penalty, even if their to create more skilled workers to fill year, permanent, something that I hear decisions are totally unrelated to any about consistently from farmers, those jobs. The Ex-Im Bank is one of business decisions they might make the best tools we have to help move the ranchers, and small businesses in my outside of the United States. State of South Dakota. economy forward. If it did not exist, we The legislation also includes a new would have to create it. The good news tax credit for companies that eliminate These limits allow small businesses, is, it does exist. All we have to do is a business operation in a foreign coun- farmers, and ranchers to deduct up to vote to reauthorize it before September try and move that operation to the $500,000 per year in expenses, making it 30. United States. Well, that sounds like a easier for these businesses to grow and It is my hope that my colleagues on good idea. But consider how this would to hire new workers. both sides of the aisle and in both tilt the playing field against companies I filed an amendment to make the Houses will join in this very important here in America that have not opened R&D tax credit permanent. This and completely logical mission. operations overseas. A purely domestic amendment would also strengthen the I suggest the absence of a quorum. company that opens a new factory in credit by raising the credit rate from 14 The PRESIDING OFFICER. The my State of South Dakota will not get percent to 20 percent, thus making this clerk will call the roll. a Federal tax credit for doing so, but a credit more competitive with the re- The assistant bill clerk proceeded to global company with jobs overseas will search incentives offered by many Eu- call the roll. get a generous credit under this bill. ropean and Asian nations. Mr. THUNE. Madam President, I ask Consider what a coalition of leading I have also filed an amendment to unanimous consent that the order for business organizations made up of the improve the tax treatment of S cor- the quorum call be rescinded. Business Roundtable, the Information porations if they convert into a C cor- The PRESIDING OFFICER. Without Technology Industry Council, the Na- poration, thus making this popular objection, it is so ordered. tional Association of Manufacturers, form of business operation more easily Mr. THUNE. Madam President, I rise the National Foreign Trade Council, accessible. This amendment would also today to speak in opposition to the leg- and the U.S. Chamber of Commerce had make it easier for S corporations to islation pending before the Senate, the to say recently in a letter regarding give appreciated property to charity. so-called Bring Jobs Home Act. I op- the legislation that is pending before I filed an amendment to make per- pose this bill because it is a political us. manent the Internet Tax Freedom Act, stunt designed as an election-year cam- Many of the major business organiza- which currently protects most Internet paign ploy that will have no meaning- tions in this country said: users in America from taxes on their ful impact on job creation or on eco- While intended to promote U.S. job cre- Internet access. This law was first en- ation, the legislation actually would have nomic growth. In fact, this bill is a car- the unintended consequence of making it acted in 1998. For more than 15 years it bon copy of a bill the Senate rejected 2 even more difficult for American worldwide has helped our economy grow, and it years ago when it was offered by an- companies to compete at home and in world has helped the digital economy flourish other Democratic Senator who just markets, thereby placing at risk jobs of by keeping State and local taxes off of happened to also be up for reelection. American workers. Internet access, regardless of con- Simply put, if there is a Democratic This is a letter from some of the sumers’ access to the Internet via their bill on the Senate floor supposedly major business organizations in this home computers or by handheld device. about outsourcing, you can rest as- country. Unfortunately, this law is scheduled to

VerDate Mar 15 2010 03:15 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.046 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4873 expire in just over 3 months on Novem- Senate has had rollcall votes on only 12 the United States—has done something ber 1 if we don’t take action to prevent Republican amendments since last similar. Japan cut its corporate tax that. July. House Democrats—the minority rate by 5 percentage points and has Some may claim that my amend- in the House of Representatives—in moved to a more competitive system ments are partisan amendments—that contrast have had 189 amendments for taxing global income. these tax relief measures are simply voted on during that same period of If the UK, Japan, and other nations Republican priorities that can’t muster time. can modernize their Tax Code for com- support on the Democrat side of the Put another way, House Democrats petition in the 21st century global mar- aisle. The problem with this claim is have been allowed, on average, more ketplace, certainly we in the United that all the measures I have just men- than one vote for each legislative day States can do it as well. tioned have found Democratic support the House has been in session over the In closing, I hope the Senate Demo- already—significant Democratic sup- past year. In the Senate, Senate Re- crats will change course and allow for port. publicans have been allowed just one an open and robust amendment process Consider the R&D amendment I just vote per month. to allow a wide variety of job-creating mentioned. It is identical to the bill Let me repeat that. The minority in measures to be considered. that passed the House of Representa- the House is being allowed one vote per Our economy, still mired in the slug- tives with 274 votes in favor, including legislative day. The minority in the gish Obama economy, could certainly 62 House Democrats. That is right, Senate is being allowed one vote per use it. But, if not, I look forward to a roughly one-third of House Democrats month. future Congress where the Senate can have already voted for this exact The Senate used to be known as the get back to real debate and real solu- amendment. world’s greatest deliberative body. tions. The same is true for the small busi- That description now sounds like a I hope that once the campaigning is ness expensing amendment I men- cruel joke, considering how few amend- done, once the election-year slogans tioned. An identical measure passed ments we have been allowed to con- have been retired, we can get back to the House in June with 272 votes, in- sider. real, substantive legislating. cluding 53 House Democrats. Consider The other measure our economy des- American families and workers de- the S corporation improvements, which perately needs is comprehensive tax reserve permanent tax and regulatory re- were passed by the House with 263 form. If we really care about making lief. They deserve a better economy votes, including 42 House Democrats America a more attractive place to do than they have today, and they deserve voting yes. business so as to lure new business in- a Senate that once again functions as Consider my amendment to make the vestment jobs, we need to have a much the world’s greatest deliberative body Internet tax moratorium permanent. simpler Tax Code with tax rates that and puts their interests first, and their My bill, with Finance Committee are competitive with our global com- futures, their quality of life, and their Chairman RON WYDEN, to make this petitors. standard of living where they should law permanent has 52 Senate sup- Let’s consider the facts. When Presi- be. porters. dent Reagan signed the Tax Reform I yield the floor. In fact, this bill has so much support Act of 1986 into law, the United States The PRESIDING OFFICER (Mr. MUR- that an identical bill in the House, just had a corporate tax rate that was more PHY). The Senator from Rhode Island. last week, passed by a voice vote. This than 5 percentage points below our Mr. REED. I request unanimous con- measure, supported by a majority of major economic competitors. sent to speak as in morning business. Senators, sponsored by the Democratic The U.S. corporate tax rate has basi- The PRESIDING OFFICER. Without chairman of the Finance Committee, cally stayed the same since 1986. Yet objection, it is so ordered. and approved by the House of Rep- today our tax rate is the highest in the HIGHWAY TRUST FUND resentatives by a voice vote isn’t even developed world and is more than 14 Mr. REED. I wish to support the scheduled for a vote in the Senate. percentage points higher than the aver- short-term reauthorization of our na- What a shame. age of developed economies. tional surface transportation law. It is Consider the medical device tax re- Why? Look at what has happened. urgent that we keep the highway trust peal, which is supported by 79 Sen- Unlike the United States, other na- fund solvent to avoid a shutdown of ators, including 34 Democratic Sen- tions decided they needed to lower work on our highways, bridges, and ators. their tax rates to spur economic transit systems. Unlike the minuscule economic im- growth and job creation. Unfortu- A recent letter from 62 national orga- pact of the bill pending on the Senate nately, today we are reaping the nega- nizations, including the American As- floor before us now, repealing the med- tive consequences of inaction as we see sociation of State Highway and Trans- ical device tax would remove an more and more investment and eco- portation Officials, the American Pub- ObamaCare tax increase totaling $24 nomic activities moving to those na- lic Transportation Association, the billion over 10 years on some of the tions that have created a more favor- U.S. Chamber of Commerce, and the most innovative companies in Amer- able business environment. Laborers’ International Union, echoed ica. According to a survey by the trade If we want to keep the best, highest- the White House’s warning: If we don’t association AdvaMed, the medical de- paying jobs at home, we don’t need new shore up the trust fund, we put at risk vice tax is estimated to destroy as tax credits targeted at a narrow set of 100,000 construction projects that sup- many as 165,000 American jobs. companies. We need a complete over- port more than 700,000 jobs, including So let’s be clear. It is not that there haul of our tax system with new, com- 3,500 jobs in my home State of Rhode aren’t reasonable measures to boost petitive tax rates and a modernized Island. our economy that we could be consid- system for taxing the global revenues We have to save these jobs, but I ering. All of the measures I have men- of American companies. Yes, it is going have to say that the legislation before tioned have broad bipartisan support. to be a difficult lift, but it is far from us is inadequate on two fronts. The problem is simply that the Demo- impossible. First, instead of a short-term bill, we cratic majority refuses to allow their Consider the United Kingdom, which should be undertaking a long-term ex- consideration. as recently as 2010 had a 28 percent tax tension of transportation funding to The Senate majority would prefer we rate and an outdated system for taxing provide certainty to the States and spend our time on inconsequential global income. The UK enacted tax re- create much-needed jobs. election-year gimmicks rather than form that will result in a 20-percent Second, the House version of this bill any of the job-creating measures I have tax rate by next year and has already uses the very offsets that House Repub- just mentioned. resulted in a modernized system for lican leaders rejected when they were In fact, Senate Democrats have cho- taxing the income earned by global included as part of my bipartisan legis- sen to block nearly all Republican U.K. companies. lation to extend jobless benefits for the amendments rather than risk having to Over the past 5 years, Japan—an- long-term unemployed. House leader- take difficult votes. Consider that the other major economic competitor of ship has used every excuse to deny

VerDate Mar 15 2010 03:15 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.047 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4874 CONGRESSIONAL RECORD — SENATE July 24, 2014 these benefits to people who have been Aging infrastructure is a major chal- But again, averting disaster hurting for months, invoking increas- lenge for Rhode Island, which has the shouldn’t be our goal. We need to press ingly problematic conditions. highest percentage of roads that are in ahead with a multiyear reauthoriza- I, for one, will not stop working to poor condition and the highest percent- tion bill to create jobs and improve our help people who, despite their best ef- age of bridges that are deficient or ob- economy. Unfortunately, when it forts, find themselves without the op- solete according to the American Soci- comes to helping American workers portunity to find work. ety of Civil Engineers and the U.S. De- and our economy, Republican leaders, We need this patch—even though it is partment of Transportation. particularly in the House, have stalled not the preferred solution—to avoid a In the last 5 years, Rhode Island has progress. virtual shutdown of construction had to act to replace two major bridges Indeed, we have seen Republicans throughout the country and prevent on the I–95 corridor. Luckily, the State block several measures that would help further job losses. But the mere fact has been able to take action to avert a strengthen our economic recovery. As I that the trust fund is so close to be- disaster, but it hasn’t been easy. One of discussed earlier, House Republicans coming bankrupt has already had an these bridges, the Pawtucket River refused to act on restoring emergency effect. Last month, Moody’s down- Bridge, was effectively closed to all unemployment insurance, despite the graded the ratings on the GARVEE large trucks for several years until it fact that the Congressional Budget Of- bonds for 26 transportation agencies. was replaced. The other, the Provi- fice estimates that a year-long exten- In Rhode Island our Department of dence Viaduct, which is currently sion would generate 200,000 new jobs. Transportation has about $67 million of being replaced, has required boards to Republicans have also blocked our ef- projects on hold because of the uncer- be placed beneath it in order to protect forts to raise the minimum wage, let tainty about the trust fund. These are traffic and passersby below from fall- borrowers refinance their student projects that could put people to work ing concrete. loans, pass a paycheck fairness bill or Each year, these kinds of deficiencies in a State that unfortunately is tied an energy efficiency bill. We need long- for the highest unemployment rate in cost American families $120 billion in term solutions to all of these issues. extra fuel and time, according to the the Nation. There is more work the In my view, we should make this ex- White House. Businesses pay $27 billion State wants to move forward on that tension—the one we are considering would create more needed jobs, but we annually in extra freight costs, which now—as short as possible to increase can only do that with a long-term re- then get passed on to consumers. In the likelihood that we can pass a long- authorization bill. Rhode Island, the poor road conditions term bill that increases our investment With only a few months of funding cost $496 million each year in added ve- in our transportation system. Regard- under this so-called patch, Rhode Is- hicle repair and operating expenses, less of the duration of this short-term land will be able to start little—if which is over $650 per year for each mo- bill, we should be working to address any—new construction. Instead, the torist. trickle of Federal funding will pay To tackle the significant challenges the issue before the end of the year. As back debt from projects that have al- to keep our roads, bridges, and transit Secretary Foxx and his predecessors ready been finished and keep ongoing in a state of good repair, States such as admonished: projects from stopping. It will support Rhode Island will need a strong Federal What America needs is to break this cycle some design work that could help keep commitment. According to the Amer- of governing crisis-to-crisis, only to enact a stopgap measure at the last moment. contract designers from going out of ican Society of Civil Engineers, we business, but it won’t get much new need to increase our surface transpor- The Secretaries made another impor- construction started. tation funding at all levels of govern- tant point. They wrote this: So my State and others across the ment by $846 billion by 2020 to restore Until recently, Congress understood that, country are forced to wait in a very our transportation system to a state of as America grows, so must our investments costly holding pattern. Only a bill that good repair and meet the demands for in transportation. And for more than half a invests significant resources over mul- our growing population and economy. century, they voted for that principle—and increased funding—with broad, bipartisan tiple years can provide this certainty Without more investment, we increase majorities in both houses. We believe they for States and help get new projects the chance of another infrastructure can, and should, do so again. underway. failure and we create inefficiency in That was the point made by Sec- We should follow their advice. our economy. I yield the floor. retary Foxx and 11 former Secretaries Federal funding is critical for all our The PRESIDING OFFICER. The Sen- of Transportation in a letter just a few States in meeting that challenge, but ator from Louisiana. days ago, noting that we are more than it is especially important for States a decade removed from the passage of such as Rhode Island that struggle to BORDER CRISIS the last long-term transportation reau- generate their own funds for infra- Mr. VITTER. Mr. President, I rise thorization bill. structure. Indeed, stagnant Federal again on the Senate floor to talk about Another point the Secretaries make support will make it harder for States the crisis at our southern border, and it is this: While long-term certainty is es- that are struggling economically to is a crisis. I don’t use that word light- sential, greater Federal investment is share in our national prosperity, run- ly, but it is clearly a crisis on many needed to ensure our transportation in- ning the risk of increasing economic levels. frastructure meets the needs of our inequality among States. This fiscal year alone, since October people. However, with added investments in 1, 2013, over 381,000 illegal aliens have As a nation, our transportation infra- infrastructure, we can improve freight, entered our country through that bor- structure system is in desperate need roads, and transit systems, meaning der. Of course, a big part of that crisis of improvement. The most recent re- commuters will make it to their des- is unaccompanied alien children—58,000 port card from the American Society of tinations more quickly and safely of them. The Obama administration Civil Engineers gave both our roads while businesses save on shipping itself says that number will probably and transit systems a grade of D. goods. grow to 85,000 or 90,000 in just the next Our aging infrastructure doesn’t get Too many times in the past, the Re- few months, by the end of this fiscal as much attention in the media as publican leadership in the House has year. other issues until the worst happens, exploited deadlines like this to engage We see on this chart that since 2008, such as the collapse of major bridges in in brinkmanship, shutting down the sending these UACs back, deporting Minnesota in 2007 and Washington Federal Government and bringing the them, effectively has plummeted—ab- State last year. But there are struc- country to the edge of default. In part solutely plummeted. This is a key part turally deficient roads and bridges in because we haven’t had a manufactured of the problem. every State, bridges that millions of crisis in the last several months, we Since this crisis came into clear Americans drive across for work or have seen some good signs in our econ- focus, I have been doing several things. travel, that companies use to transport omy, and so I am encouraged we will I have asked the administration, products, and that our schoolbuses not see a shutdown of work on our through a letter to the Department of drive over with our children. roads and bridges this summer. Homeland Security Secretary Jeh

VerDate Mar 15 2010 03:15 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.049 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4875 Johnson, for facts, details about the al Strike Command and the Depart- tiguous and noncontiguous countries. impact of this crisis—the numbers, the ment of Defense if they had capacity All UACs, regardless of country of ori- particulars, and specifically what im- for the same mass housing operation. gin, will be given the option to volun- pact it can have on Louisiana, my Their response was as follows: tarily depart. That is a practical solu- home State. I haven’t gotten any re- Barksdale’s answer has been consistent tion, in the case of those coming from sponse. That is very disappointing. I with our strategic mission and supporting Mexico and Canada—obviously many am asking publicly again for a detailed base infrastructure for the nation’s #1 mis- more from Mexico. response to those legitimate straight- sion (nuclear)—we would not support or par- No. 3, those UACs who do not volun- forward questions. ticipate. tarily depart will be immediately I have agreed with many others in But it is significant those inquiries placed in a streamlined removal proc- the House and Senate to partner with were actively made. ess and detained by the Department of the administration around strong ac- Belle Chasse Naval Air Station in Homeland Security. Currently, they tion to change this trend, to change New Orleans, again on behalf of the De- are transferred instead to Health and our policy, to deport illegal aliens ef- partment of Homeland Security, was Human Service’s Office of Refugee Re- fectively, to send a very new and dif- contacted about their capacity for this settlement, where they are basically ferent message to Central and South same sort of thing twice. resettled. America to stem this growing crisis. Again, it makes the point that even The PRESIDING OFFICER. All time Unfortunately, that plea has not got- Louisiana—not a border State, not a has expired. ten a positive response from the admin- State most affected—is fielding many Mr. VITTER. Mr. President, I ask istration either. inquiries and significant impacts—1,259 unanimous consent for 1 additional In reaction to that, I have had to dig new juvenile cases being brought into minute. around wherever I can find credible the State, all of these inquiries. The PRESIDING OFFICER. Is there sources and find out key information I wish I could get this information di- objection? myself, particularly as it affects Lou- rectly from the Department of Home- Mr. LEAHY. I have to object. I have isiana. I have been making calls to land Security. I have asked for it. They no objection to having more time after military leaders, local ICE officials, have not been forthcoming. the vote, but I object before the vote. anyone else with significant credible Unfortunately, the administration The PRESIDING OFFICER. Objec- information. likewise has not been forthcoming tion is heard. Again, this should be able to come di- about real solutions, partnering with The Senator from Maryland. rectly from the Department of Home- Congress to make changes in the law Ms. MIKULSKI. I ask unanimous land Security. It has not. But this is and anything else necessary to stem consent to speak for up to 5 minutes what I am finding out: The Louisiana this tide and reverse the policy that prior to the cloture vote on the Harris ICE office has a backlog of juvenile continues to encourage this tide. We nomination. cases—cases involving minors. First of have seen no leadership there either. The PRESIDING OFFICER. Is there all, it already had about 2,000 of those While the President spent the first 10 objection? cases in Louisiana alone before this days of focus on this crisis talking The Senator from Louisiana. wave upon wave of minor illegal aliens about various parts of Federal law that Mr. VITTER. I will consider object- reached crisis proportions. Adding on he said were tying his hands, when it ing, but I would far prefer to amend the to those 2,000 cases—1,956 to be exact— came to sending a request to Congress, unanimous consent request so that I there are now over 1,200 new juvenile there was no request to change any of get the additional minute I was just de- cases in Louisiana. These are unaccom- that law. There was no request to nied and the Senator from Maryland panied children coming into the coun- streamline any deportation procedures. gets her time. try illegally and then being brought There was no request to heighten the The PRESIDING OFFICER. Is there into Louisiana, in most cases turned standard for asylum or anything else. objection? over to the custody of a family member The only request was to send him a Without objection, it is so ordered. or a sponsor, and many of these family huge amount of additional money, bil- The Senator from Maryland. members are themselves illegal. lions upon billions of dollars. Mr. VITTER. Mr. President, my We are not a border State. We are not So in the absence of that leadership unanimous consent request was for me Texas, we are not Arizona or New Mex- and partnership and information, I to finish my remarks in 1 minute and ico. We are not one of the States most started to develop legislative ideas then have the Senator—— affected. Yet even Louisiana has this with many others myself, and I have The PRESIDING OFFICER. The significant impact with very troubling introduced a legislative solution—S. pending unanimous consent request is numbers. 2632—to address this specific unaccom- from the Senator from Maryland. I talked to folks at the Hirsch Memo- panied alien children crisis, and it has Is there objection? rial Coliseum in Shreveport and found been introduced in the House by my Mr. VITTER. I object. out that the International Association Louisiana colleague, Congressman BILL The PRESIDING OFFICER. The ob- of Fairs and Expositions—a trade asso- CASSIDY. jection is heard. ciation for their sorts of facilities Fundamentally, this legislation Ms. MIKULSKI. Mr. President, I around the country—was contacted by would reverse the policy we have in therefore call for the regular order. I the Department of Homeland Security place which accepts these folks over ask unanimous consent that my full about locating mass space for housing and does nothing to quickly deport statement be included in the RECORD, of illegal alien UACs. The Hirsch Me- them to their home country. It would to yield back whatever time we have, morial Coliseum in particular in reverse that policy so we would have and that we move expeditiously to the Shreveport was contacted to see if they quick, effective, immediate deporta- vote. could be part of that, and they said tions to send the message to Central The PRESIDING OFFICER. Without they couldn’t. It was not practical at and South America that this has to objection, it is so ordered. all. But that inquiry was made. stop and to stem that tide. There being no objection, the state- On the military side, I talked to lead- Specifically, the legislation would do ment was ordered to be printed in the ership at Fort Pope. They were con- nine things: RECORD, as follows: tacted by the U.S. Army Installation No. 1, it would mandate detention of HARRIS NOMINATION Management Command Headquarters all unaccompanied alien children upon Ms. MIKULSKI. Mr. President, I am and asked if they could house between apprehension. No catch and release. No so proud to be here today in support of 400 and 500 unaccompanied alien chil- catch and then, yes, here. We will fur- the nomination of Pamela Harris—a dren. They said they couldn’t for very ther the smuggling and give you to brilliant litigator, professor, and public compelling practical reasons at Fort your family members or sponsors in servant—to serve on the Fourth Cir- Pope. this country. cuit. Barksdale Air Force Base in Shreve- No. 2, we would amend the law to Senator CARDIN and I recommended port was asked via the Air Force Glob- bring parity between UACs from con- Ms. Harris to President Obama with

VerDate Mar 15 2010 03:15 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.051 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4876 CONGRESSIONAL RECORD — SENATE July 24, 2014 the utmost confidence in her abilities, levels of her education and career. Yet Fourth Circuit shall be brought to a talent, and competence for the job. The she has seen people in her life confront close? ABA agreed—they gave her their high- adversity and she knows the impact The yeas and nays are mandatory est rating of unanimously well-quali- that the law has on people’s daily lives. under the rule. fied. I believe it is this which contributes to The clerk will call the roll. I thank Senator REID for being so her very humble nature. She believes prompt in scheduling this vote. I also that the Court is a place for justice and The bill clerk called the roll. thank Senator LEAHY for his expedi- not a stepping stone. Ms. Harris con- Mr. CORNYN. The following Senators tious movement of her nomination tinues to give back to the community, are necessarily absent: the Senator through the Judiciary Committee. serving on the board of trustees at her from North Carolina (Mr. BURR), the I have had the opportunity to rec- children’s school, and also to legal Senator from Georgia (Mr. CHAMBLISS), ommend several judicial nominees for scholarship, as a member of the board the Senator from Oklahoma (Mr. our district and appellate courts. I of directors for the American Constitu- COBURN), the Senator from Kansas (Mr. take my ‘‘advise and consent’’ respon- tion Society and the Constitutional MORAN), and the Senator from Kansas sibilities very seriously. When I con- Accountability Center. (Mr. ROBERTS). sider nominees for the Federal bench, I So I am so honored to be here today The PRESIDING OFFICER (Ms. have four criteria: absolute integrity; to support her nomination. I ask that HIRONO). Are there any other Senators judicial competence and temperament; you all join me in doing the same. It is in the Chamber desiring to vote? a commitment to core constitutional critical that we have judges with com- The yeas and nays resulted—yeas 54, principles; and a history of civic en- mitment to public service, civic en- nays 41, as follows: gagement in Maryland. I expect our gagement, and the rule of law. And we [Rollcall Vote No. 241 Ex.] recommendations to not only meet have that in none other than Pamela these criteria but to exceed them, as Harris. YEAS—54 Ms. Harris surely does. She has dedi- Mr. VITTER. Mr. President, I would Baldwin Hagan Nelson cated her career to the rule of law, just like to again ask unanimous con- Begich Harkin Pryor Bennet Heinrich Reed achieving equal justice under the law sent to be recognized for 1 additional Blumenthal Heitkamp Reid and the perfection of appellate advo- minute following the Senator from Booker Hirono Rockefeller cacy. She is truly an outstanding Maryland being recognized for 4 addi- Boxer Johnson (SD) Sanders nominee. Brown Kaine Schatz tional minutes. Cantwell King Schumer Ms. Harris’s career spans academia, The PRESIDING OFFICER. Is there Cardin Klobuchar Shaheen private practice, and government. But objection? Carper Leahy Stabenow there has always been a common Ms. MIKULSKI. I object. Casey Levin Tester thread of public service. We are proud Collins Markey Udall (CO) The PRESIDING OFFICER. The ob- Coons McCaskill Udall (NM) to say that she is ‘‘home-grown’’—al- jection is heard. Donnelly Menendez Walsh though born in Connecticut, she has The PRESIDING OFFICER. Under Durbin Merkley Warner called Maryland home since she was a Feinstein Mikulski Warren the previous order, all postcloture time Franken Murphy Whitehouse child, eventually graduating from Walt is expired. Gillibrand Murray Wyden Whitman High School in Bethesda, MD. The question occurs on agreeing to She went on to Yale where she received the motion to proceed to S. 2569. NAYS—41 her bachelor’s degree summa cum The motion was agreed to. Alexander Graham McConnell Ayotte Grassley Murkowski laude as well as her law degree. After f completing a clerkship on the D.C. Cir- Barrasso Hatch Paul BRING JOBS HOME ACT Blunt Heller Portman cuit, Ms. Harris went on to clerk for Boozman Hoeven Risch Justice Stevens on the Supreme Court. The PRESIDING OFFICER. The Coats Inhofe Rubio She has served at the Department of clerk will report the bill by title. Cochran Isakson Scott Corker Johanns Sessions Justice Office of Legal Counsel and at The bill clerk read as follows: Cornyn Johnson (WI) Shelby Crapo Kirk the Office of Legal Policy under two A bill (S. 2569) to provide an incentive for Thune Cruz Landrieu different administrations. She also businesses to bring jobs back to America. Toomey Enzi Lee spent 10 years appearing regularly be- f Fischer Manchin Vitter fore the Supreme Court while counsel Flake McCain Wicker and then partner at O’Melveny & CLOTURE MOTION Myers, taking on some of the most The PRESIDING OFFICER. Pursuant NOT VOTING—5 complex issues of our time. to rule XXII, the Chair lays before the Burr Coburn Roberts Ms. Harris also has a distinguished Senate the pending cloture motion, Chambliss Moran career in academia as a Professor at which the clerk will state. The PRESIDING OFFICER. On this the University of Pennsylvania Law The bill clerk read as follows: vote the yeas are 54, the nays are 41. School, co-director of the Harvard Ap- CLOTURE MOTION The motion is agreed to. pellate Practice Clinic, and later, at We, the undersigned Senators, in accord- Georgetown, where she is today. At ance with the provisions of rule XXII of the f Georgetown she serves as executive di- Standing Rules of the Senate, hereby move to bring to a close debate on the nomination rector of the Supreme Court Institute, EXECUTIVE SESSION preparing litigants—first come, first of Pamela Harris, of Maryland, to be United served—and regardless of their posi- States Circuit Judge for the Fourth Circuit. tion—for arguments before the Court. Harry Reid, Patrick J. Leahy, Barbara A. Mikulski, Benjamin L. Cardin, Thomas But Ms. Harris remained connected to R. Carper, Sheldon Whitehouse, Chris- NOMINATION OF PAMELA HARRIS Maryland, whether it was a pro bono topher A. Coons, Bernard Sanders, TO BE UNITED STATES CIRCUIT appellate clinic at O’Melveny to work Dianne Feinstein, Mazie K. Hirono, JUDGE FOR THE FOURTH CIR- with Maryland’s public defender or an Richard Blumenthal, Amy Klobuchar, CUIT amicus brief in major litigation involv- Edward J. Markey, Tom Harkin, ing Montgomery County Public Kirsten E. Gillibrand, Christopher Mur- The PRESIDING OFFICER. Under Schools. phy, Cory A. Booker. the previous order, the Senate will pro- Ms. Harris has a commitment to the The PRESIDING OFFICER. By unan- ceed to executive session to consider legal profession that is unmatched. It imous consent, the mandatory quorum the Harris nomination, which the clerk shows in the students that she has call has been waived. will report. taught, the litigants that she has pre- The question is, Is it the sense of the The assistant bill clerk read the pared, the briefs that she has written, Senate that debate on the nomination nomination of Pamela Harris, of Mary- and the pro bono service that she has of Pamela Harris, of Maryland, to be land, to be United States Circuit Judge rendered. She has risen to the highest United States Circuit Judge for the for the Fourth Circuit.

VerDate Mar 15 2010 03:15 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.043 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4877 NOMINATION OF LISA S. DISBROW The nomination was confirmed. mills. The industry pays over $3 billion TO BE ASSISTANT SECRETARY The PRESIDING OFFICER. Under in wages into the State’s economy and OF THE AIR FORCE the previous order, the motions to re- ships products worth over $17 billion The PRESIDING OFFICER. Under consider are considered made and laid each year. the previous order, the clerk will re- upon the table, and the President will Unfortunately, fire borrowing has led port the Disbrow nomination. be immediately notified of the Senate’s to long project delays that are impact- The assistant bill clerk read the action with respect to each of these ing this vital industry and jeopardizing nomination of Lisa S. Disbrow, of Vir- nominations. the jobs which it supports. The practice of fire borrowing has in- ginia, to be an Assistant Secretary of f creased in recent years, triggered when the Air Force. NOMINATION OF PAMELA HARRIS we have a bad fire season and the For- The PRESIDING OFFICER. The ma- TO BE UNITED STATES CIRCUIT est Service runs out of funds available jority leader. JUDGE FOR THE FOURTH CIR- for firefighting. When the firefighting Mr. REID. Would it be appropriate at CUIT—Continued funding is gone, the agency transfers this time to yield back the 2 minutes of The PRESIDING OFFICER. The Sen- funds from other parts of its budget time? I ask unanimous consent to do ator from Wisconsin. and borrows them to pay for the fire that. WILDFIRE MANAGEMENT suppression. When these funds are di- The PRESIDING OFFICER. Without Ms. BALDWIN. Madam President, we verted, agency work is simply put on objection, it is so ordered. have an opportunity to address an hold. The question is, Will the Senate ad- issue of concern to foresting commu- No business owner would select a vise and consent to the nomination of nities in Wisconsin and across the Na- supplier who couldn’t provide a clear Lisa S. Disbrow, of Virginia, to be an tion in the emergency supplemental delivery schedule or who would rou- Assistant Secretary of the Air Force? appropriations bill now pending before tinely delay delivery of products for The nomination was confirmed. Congress. undetermined amounts of time. f The supplemental addresses a num- Loggers and other local businesses that NOMINATION OF VICTOR M. ber of very urgent issues. The issue of partner with the Forest Service have MENDEZ TO BE DEPUTY SEC- unaccompanied minors who are cross- to deal with just such uncertainty be- RETARY OF TRANSPORTATION ing our southern border has rightly re- cause of fire borrowing. Government ceived much attention and there is, in- can work better than this. The PRESIDING OFFICER. The deed, a crisis. I believe Congress must Fortunately, the Senate emergency clerk will report the Mendez nomina- pass a supplemental appropriations bill supplemental appropriations bill would tion. to help address this humanitarian cri- solve this broken process by treating The assistant bill clerk read the sis. the largest fires as other natural disas- nomination of Victor M. Mendez, of Ar- This afternoon I wish to call atten- ters such as hurricanes or tornadoes, izona, to be Deputy Secretary of Trans- tion to another emergency that Con- and it would stabilize the rest of the portation. gress must address: extreme wildfires Forest Service budget so that other es- The PRESIDING OFFICER. The and the dysfunctional way the Federal sential work, ranging from timber question is, Will the Senate advise and Government manages our firefighting sales to the management of forest consent to the nomination of Victor M. operations. health, can be completed on schedule. Mendez to be Deputy Secretary of Devastating wildfires are raging in Furthermore, the proposal is fiscally Transportation? Washington and Oregon States, and responsible, because it would help re- The nomination was confirmed. many other States have felt the heart- duce long-term costs by allowing for f breaking impact of major forest fire increased fire prevention activities and destruction. As I presided earlier NOMINATION OF PETER M. because it would not increase the today, I heard the two Senators from ROGOFF TO BE UNDER SEC- amount that Congress can spend on Washington State come to the floor RETARY OF TRANSPORTATION natural disasters. and talk about the devastation the Ending fire borrowing has strong bi- FOR POLICY wildfires in their State are causing and partisan support. In fact, over 120 The PRESIDING OFFICER. The the bravery of citizens who are facing Members of the House and Senate, and clerk will report the Rogoff nomina- these destructive fires. It is why I am more than 200 groups ranging from the tion. pleased Appropriations Committee timber industry to conservation The assistant bill clerk read the Chairwoman MIKULSKI has drafted an groups, to the National Rifle Associa- nomination of Peter M. Rogoff, of Vir- emergency supplemental appropriation, support the Wildfire Disaster ginia, to be Under Secretary of Trans- tions bill that includes $615 million for Funding Act—the bipartisan bill that portation for Policy. wildfire suppression. I thank her for contains the fire borrowing fix included The PRESIDING OFFICER. The her tremendous leadership in putting in the supplemental. The consensus is question is, Will the Senate advise and together a strong bill, and I urge Con- we need to get this fix done this year. consent to the nomination of Peter M. gress to take up and pass this legisla- While there is strong bipartisan sup- Rogoff, of Virginia, to be Under Sec- tion without delay to provide much port for ending fire borrowing, it is un- retary of Transportation for Policy? needed support to these suffering com- clear if the House of Representatives is The nomination was confirmed. munities. going to support this fix in the supple- f But it is not just Western States that mental appropriations bill that is being feel the impact of wildfires. In fact, a considered now. In fact, my friend, the NOMINATION OF BRUCE ANDREWS State such as Wisconsin is hurt very House Budget Committee chairman TO BE DEPUTY SECRETARY OF significantly by a broken budget proc- PAUL RYAN, has consistently stood in COMMERCE ess called fire borrowing. It forces the the way of bipartisan solutions offered The PRESIDING OFFICER. The U.S. Forest Service to take funding in- in both the House and the Senate. He clerk will report the Andrews nomina- tended to manage our forests and in- has ignored the fact that the current tion. stead use it for wildfire suppression. In budget structure is flawed and has re- The assistant bill clerk read the fact, fire borrowing is a misnomer. The sulted in the Forest Service taking the nomination of Bruce Andrews, of New money is never paid back. This cripples forest management funding Wiscon- York, to be Deputy Secretary of Com- the U.S. Forest Service and diverts sin’s forests rely upon and instead merce. critical funding from my home State using it to fight wildfires. The PRESIDING OFFICER. The and many others. As his Republican House colleague question is, Will the Senate advise and In Wisconsin, over 50,000 people are Representative MIKE SIMPSON recently consent to the nomination of Bruce employed in the forest products indus- pointed out: Andrews to be Deputy Secretary of try, from jobs in forestry and logging Unfortunately, continuing the status quo, Commerce? to paper makers in the State’s many as Chairman Ryan advocates, prevents us

VerDate Mar 15 2010 03:15 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.057 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4878 CONGRESSIONAL RECORD — SENATE July 24, 2014 from reducing the cost and severity of future ground troops moved from building to Jobs Home Act—a bill supposedly fires by forcing agencies to rob the money building. They are utilizing air, aimed at preserving and creating jobs that Congress has appropriated for these pri- ground, and sea to strike designated in the United States. However, as I orities to pay for increasingly unpredictable targets and provide support as IDF noted here on the floor yesterday, the and costly suppression needs. works its way through Gaza City. Bring Jobs Home Act is little more I urge my friend and fellow Wiscon- The fighting will likely continue and than political posturing and election- sinite to join us and support ending fire more casualties on both sides will in- year messaging. It really does get old. borrowing. crease until either a cease-fire can be We have gone through that over and I thank Chairwoman MIKULSKI and negotiated or Israel believes the tunnel over while we do not do what we ought subcommittee Chairman REED for in- system has been successfully negated. to do for this country. cluding this important provision in the I believe Israel has been left with no The Senate Democrats want to por- supplemental bill. I wish to also thank choice but to defend herself. Israel has tray the Republicans as the party of Senators WYDEN and CRAPO for their faced a barrage of rocket attacks from outsourcing, which is a joke. So they tireless leadership in the fight to end Gaza Strip, and according to Secretary have crafted a bill that will do nothing fire borrowing. of State Kerry Hamas has attempted to to actually address the problem of out- The proposal included in the emer- sedate and kidnap Israelis through the sourcing but will provide them with a gency appropriations supplemental is a network of tunnels used to stage cross- few days’ worth of talking points on fiscally responsible solution to a dev- border raids. the subject. We went through precisely astating problem with wide-ranging Prime Minister Netanyahu cannot this same exercise in 2012. We voted on impacts. It will help us respond to tolerate rocket attacks and cannot tol- the exact same bill during the last wildfires and it will support businesses erate kidnappings aimed at Israelis. election cycle. It was meaningless and thousands of jobs in the timber in- Their right to defend themselves is then, and it is meaningless now. dustry in Wisconsin as well as through- without question. But through the As I said, I went over this yesterday. out the country. process, innocent Palestinians are I talked at some length about the I urge my colleagues in the Senate being killed. This tragic loss of inno- shortcomings of this bill, and I do not and in the House to come together to cent life must not go unnoticed, but we want to rehash all of that again today. solve this problem once and for all. must acknowledge Hamas’s role in Instead, I would like to take a few min- Madam President, I yield the floor. risking the lives of their own through utes to talk about some things we The PRESIDING OFFICER. The Sen- their own actions. could be doing to create and protect Hamas stores and launches rockets ator from Nevada. American jobs. I have filed some from heavily populated areas. They do UNREST IN ISRAEL amendments to this bill that I think Mr. HELLER. Madam President, last this because they know it will draw return fire from Israel, and even if some would actually do something along week the Washington Post ran an opin- those lines. If we get a chance to offer ion piece titled ‘‘Moral clarity in Palestinians are killed, the coverage aired worldwide will be favorable to amendments to this bill—which is, of Gaza.’’ The thesis of the article states course, doubtful under the way the that Israel is not interested in cross- Hamas and therefore well worth the loss. Hamas is sacrificing its own to Senate is currently being run—I think border violence; rather, the goal of the these are the types of amendments we current military action is to establish win a media war against Israel. In contrast, in the lead-up to military action, should consider. peace. I believe the writer correctly One of my amendments is a four-part suggests that Israel has been left with Israel dropped thousands of leaflets explaining to Palestinians where they tax amendment that would help busi- no choice but to act in order to defend nesses create jobs in the United States. herself from the terrorist organization can go to be safe. There is no clearer picture of right If enacted, it would provide additional Hamas. versus wrong than Israel fighting to cash flow for businesses that would The piece also made the important protect its citizens against a terrorist allow them to hire workers, increase conclusion that Hamas wants to pro- operation operating underground and wages, and invest in plant and equip- voke a fight with Israel and that this using Palestinians they live with as ment in the United States, among group is willing to sacrifice their own human shields. other things. It would do so by making people in order to win international Hamas is a terrorist organization four separate temporary tax provisions support and ultimately undermine willing to let women and children die if permanent. Israel’s legitimacy and right to defend there is a possibility it advances inter- The first of these provisions relates itself. national sympathy for them and under- to section 179, small business expens- There is no question regarding scores Israel in any way. ing. My amendment would perma- Israel’s legitimacy, and there is also no The footage of innocent Palestinians nently increase the amount of equip- question regarding Israel’s right to de- dying in Gaza is tragic, but the blame ment, certain real property, and soft- fend itself. The international commu- is not at the foot of Israel; it is on ware a business can deduct in a year to nity has affirmed this principle. Fur- Hamas. $500,000 and index that amount to infla- ther, this body affirmed Israel’s right Over the next weeks and months, the tion. That makes sense. to defend itself when the Senate re- military action in Gaza may escalate. The second provision would make cently passed Senator GRAHAM’s reso- If a cease-fire is not negotiated, the bonus depreciation permanent, allow- lution on this matter. United States cannot turn its back on ing businesses to permanently deduct As a cosponsor, I believe this resolu- Israel. We must continue to stand with 50 percent of the cost of qualified prop- tion speaks in clear terms: The Senate them and allow them to eradicate this erty in the first year that property is stands with Israel’s right to defend terrorist threat and shut down these placed in service. itself, and it demands that Hamas im- underground tunnels. It is their right My amendment would also make the mediately—immediately—stop attack- as a nation, and the United States research and development tax credit ing Israel. must stand with them. permanent, increasing the alternative While the Senate has made its posi- I thank the Presiding Officer and simplified credit to 20 percent and tion on this issue clear, Israel has been yield the floor. eliminating the traditional research forced to take matters into its own The PRESIDING OFFICER. The Sen- and development credit test. hands. As we speak, Israeli defense ator from Utah. Finally, the amendment would per- forces are engaged in Operation Protec- Mr. HATCH. Madam President, I wish manently provide for a full exclusion of tive Edge, working to identify and de- to compliment the distinguished Sen- capital gains income derived from the stroy the infrastructure Hamas has ator from Nevada for his very cogent sale of stock of certain small sub- used to execute attacks and move artil- remarks. They are true, and I appre- chapter C corporations held on a long- lery underneath Gaza City. ciate his leadership on this matter. term basis. Recent reports have stated that the BRING JOBS HOME ACT All of these would be tremendous IDF has destroyed more than 20 tun- Madam President, the Senate is cur- amendments and would really create nels and identified many more as rently debating the so-called Bring jobs. They ought to be allowed on this

VerDate Mar 15 2010 03:15 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.059 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4879 bill. Together, these four provisions hire more American workers, repealing as the Senate always has in the past; would provide much needed certainty the employer mandate would go a long that is, in an effective, let’s-be-positive for job-creating businesses and allow way. way. companies to more effectively plan for My last amendment would advance Sadly, if the recent past is any indi- the future. U.S. trade policy by renewing trade cation, there will not be any votes on If we are going to amend the Tax promotion authority. Specifically, the amendments to this bill. The Bring Code in the name of creating jobs, this amendment contains the text of the Bi- Jobs Home Act is not designed to cre- is a far better approach, as it removes partisan Congressional Trade Priorities ate jobs. It is not even designed to pass uncertainty and simplifies elements of Act of 2014, a bill I introduced in Janu- the Senate. Once again, the entire pur- the code. The Bring Jobs Home Act ary along with Chairman CAMP of the pose of this bill is to give Democrats would actually do the opposite. House Ways and Means Committee and some political talking points as the I have also filed two health-related former chairman of the Finance Com- August recess approaches. Having an amendments to this bill. mittee, Senator Max Baucus of Mon- open and fair debate on amendments The first of these amendments would tana. would distract from this partisan goal. repeal the medical device tax that was This bill establishes 21st-century We understand that everything is par- included as part of the so-called Afford- congressional negotiating objectives able Care Act. ObamaCare’s $24 billion tisan around here. Everything is polit- and rules for the administration to fol- ical right now. But my gosh, when are tax on lifesaving and life-improving low when engaged in trade talks, in- medical devices is reducing U.S. em- we going to start acting as the Senate? cluding strict requirements for con- That being the case, it is doubtful ployment. gressional consultations and access to A recent study by industry group that any amendments are going to be information. If the administration fol- considered on this legislation, which is, AdvaMed estimated that the tax has lows these rules, the bill provides spe- cost as many as 165,000 jobs. That is of course, a crying shame. The stated cial procedures to more quickly move a 165,000 American jobs eliminated by purpose of this bill is to create and pro- negotiated deal through Congress. tect American jobs. The Republicans this misguided tax. Ten percent of re- Renewing TPA, which expired in 2007, have amendments that would do just spondents to that survey have relo- is necessary to successfully conclude that and more. I mentioned a few such cated manufacturing outside of the ongoing trade negotiations, such as the country or expanded manufacturing amendments that would have a far Trans-Pacific Partnership, the TPP, abroad rather than in the United greater impact on American workers negotiations as well as free-trade States. and businesses than the bill before us agreement talks with the European This would help solve the inversion today—most of which are bipartisan Union, often referred as T-TIP, involv- problem, but our colleagues on the amendments. other side will not do anything about ing 28 nations, including ours. These are two landmark trade deals with the That is what is amazing to me. This it. Yet they are trying to blame the is just a game that is being played. It Republicans for the inversion? Give me potential to greatly boost U.S. exports and create jobs here. is really an irritating game to me. If a break. we are serious about the idea of cre- The tax is also curbing American in- The TPP countries—which represent many of the fastest growing economies ating jobs in the United States, let’s novation. Thirty percent of AdvaMed have a real debate about it. Let’s dis- survey respondents have reduced their in the world—accounted for 40 percent of total U.S. goods exports in 2012. cuss some alternative approaches. I investments in research and develop- know my friends on the other side will ment—30 percent. Think of the jobs that would be created. have great ideas on some of these, if If we really want to keep companies they would be allowed to act like legis- from moving American jobs offshore, Another, the EU, the European lators for a change. this is a far better approach. It is far Union, purchased close to $460 billion— more substantial, and, as the survey with a ‘‘b’’—in U.S. goods and services Let’s talk about the real problems data shows, it will have an immediate, that same year, supporting 2.4 million that are hampering job growth. Let’s real-world impact on jobs in the United American jobs. set votes on some of the ideas we have States. In addition, the United States is ne- proposed. I hope we can do that this It is bipartisan. Republicans and gotiating the Trade in Services Agree- time around. But of course I am not Democrats support repeal of the med- ment, or TISA, with 50 countries, cov- under any illusions that the Demo- ical device tax. Last year 79 Senators ering about 50 percent of global GDP cratic leadership here in the Senate is on this floor—including 34 Democrats— and over 70 percent of global services about to change course and let this voted to repeal the tax. It really is a trade. This agreement would create body function the way it is supposed no-brainer. I hope we can finally get a many opportunities for U.S. jobs in to. They are not about to let the Sen- vote on it. But sooner or later, we are this critical sector. ate be the Senate. They are not about going to get a vote on it, and it is It is vital that we get these trade to let both sides have a full-fledged op- going to be on a bill that will pass both agreements over the finish line, and portunity to improve these bills. They Houses. the only way we are going to be able to are not about to allow full and fair de- My other health care amendment do that is to renew trade promotion au- bate on both sides. would repeal ObamaCare’s job-killing thority. My amendment provides a rea- To me, it is mind-boggling in the employer mandate. As we all know, the sonable, bipartisan path forward on re- case of this bill. I hope I am wrong. I so-called Affordable Care Act requires newing TPA and would do far more to hope we can get amendments up that employers with 50 or more employees create jobs and grow our economy than would make this bill a real bill about to provide health coverage to their the legislation before us today, which jobs, instead of just politics. But, workers or pay a $2,000 tax per emis minuscule in effort. As with other sadly, I do not think I am wrong. My ployee. This deters business growth as amendments, I hope we can vote on experience has been that politics is tri- it discourages small businesses from this TPA amendment. umphant around here and getting the hiring more than 50 employees and has Of course, I am not the only Senator people’s work done is secondary. led many employers to cut workers’ who has offered reasonable job-creating I suggest the absence of a quorum. hours to keep from going over the man- amendments to the Bring Jobs Home The PRESIDING OFFICER (Ms. WAR- date’s threshold. How stupid can we be? Act. Numerous amendments have al- REN.) The clerk will call the roll. Even the administration has acknowl- ready been offered, and I am sure more edged that the employer mandate is are on the way—or should I say filed The legislative clerk proceeded to harmful. They have already delayed it because we have been prohibited from call the roll. several times in hopes of delaying its really offering amendments on these Mr. DURBIN. I ask unanimous con- harmful impact during an election bills and really having a robust debate sent that the order for the quorum call year. Isn’t that nice? for a long time now because of the ac- be rescinded. If we really want to keep people in tions of the current leadership of the The PRESIDING OFFICER. Without their jobs and encourage businesses to Senate. The Senate is hardly operating objection, it is so ordered.

VerDate Mar 15 2010 03:15 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.061 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4880 CONGRESSIONAL RECORD — SENATE July 24, 2014 CHILD REFUGEE CRISIS ladder on the side and hang on. She children, as we have so many times in Mr. DURBIN. Madam President, the says: You will be there in 4 days. the past. child refugee crisis on America’s bor- Can you imagine that. Can you imag- IRON DOME der is a human tragedy. ine the family in Honduras, who before There are other parts of this bill. One Two weeks ago in Chicago I met 70 of they send their young girl on this jour- of them is a section I have worked on these children. It was a meeting I ney with the coyote, giving her birth in my capacity as chairman of the De- won’t forget. These are children, some control pills in anticipation that she fense Appropriations Subcommittee. are infants. How they ever made it to will likely be sexually assaulted during This is called Iron Dome, and it is the United States is nothing short of a the course of that journey? How des- much different than a debate about miracle, and many who tried didn’t. perate must that family be? That is the children or refugees. Those who made it—some of them— reality of this human child refugee cri- Over the past 3 weeks, more than come scarred from the journey—young sis that we face. 2,000 rockets have been fired from Gaza women who were assaulted, children The President has said we need to do into Israel. According to press reports, who were beaten. Some lost their lives several things. First, we need to tell civilian casualties have been limited— on the way, but these were the sur- these countries: Don’t send these chil- maybe even only 2 out of 2,000 rockets. vivors. They made it. They were in a dren. It is too dangerous, and when There are two reasons for the low num- transitional shelter in Chicago that they have arrived, they have no special ber of injuries from this barrage. has been there for 19 years, and 70 of legal rights to be citizens or to stay. First, many of these rockets land in them were getting physical exams and We need to get that message through uninhabited areas. Second, these rock- meals. As one person there said, for the loudly and clearly: Do not send your ets are headed for cities and towns, but first time in their lives, many of them, children. The countries involved—Hon- these rockets are stopped and de- were free to be children. duras, El Salvador, and Guatemala— stroyed before they strike their tar- These children are in the United are joining us now in getting that mes- gets. The reason? The Iron Dome mis- States and they are testing us. It is a sage out. sile defense system, a joint effort by test for the United States as to wheth- Secondly, we need to start appre- the United States and Israel to protect er we care. I believe we are a caring na- hending and prosecuting these coyotes, against just an attack. The United tion. We proved it over and over. How these smugglers. They extort from States and Israel have deep ties on this many times in far-flung places in the these families 1 year of wages to try to program. Of the 10 Iron Dome batteries world have we rallied—politically to bring children into this country. that have been fielded, the United stand behind 300 girls who were kid- Some of these children are teen- States provided funding for 8 of them. napped in Nigeria, to be there during agers—most of them are—but many of I am pleased we have because this sys- the Haitian earthquake to make sure them are babies and infants. tem has saved innocent lives. the families and children would at Five women walked into the dining Our country has been asked for addi- least have shelter, medicine, and food. room at the shelter carrying newborn tional assistance to ensure that the The list goes on and on for this caring babies. All of these women are from Israeli stockpile of Iron Dome intercep- nation. Honduras and all are victims of rape. tors is adequate to the challenge. We But this is different. This is not They had gone on these buses for 8 days don’t know when this crisis will end. about a problem over there. This is to bring these newborn infants to a Secretary of Defense Chuck Hagel en- about a challenge here. What President safer place so that they might survive. dorsed an additional $225 million in Obama has said to us is we must rise to I am heartened by the fact that reli- funding for Iron Dome in a recent let- this challenge. As we have in so many gious groups all around the United ter. places in this world, we must rise to States have rallied behind these chil- The requested funds are in addition to next year’s appropriations. It may the challenges at home. When it comes dren. I am proud the Catholic Church— be some time before the appropriations to these children, we can be humane which I associate with; occasionally bills are enacted, and that is why the and caring and do the right thing. they associate with me—I am proud President has asked to include in this He sent us a bill to pay for the serv- the Catholic Church and the bishops supplemental appropriation $225 mil- ices they need. It is expensive. Some have spoken. Evangelicals are one of lion to speed up the production of Iron people argue it is too expensive. Well, the first groups to come forward and Dome missiles. we can argue about the exact amount say: We have to do something for these The Senate simply has too little of money, but I hope we aren’t arguing children. time. There is next week, and then we about the value and the principle that Even some of the most conservative are gone for 5 or 6 weeks, return for is being tested. I hope we are not argu- political commentators have said: perhaps 2, and then we are gone until ing about whether the United States is First, America, show your heart that November. So we have to act and act a caring and compassionate nation. you care for these children. now. I just left a meeting with the Presi- That is what the President is asking This supplemental appropriations dents from the three Central American us to do. bill with the Iron Dome money needs countries which are responsible for 80 So let us take care, when we consider to pass. I am going to be supporting it. percent of these refugees: El Salvador, the supplemental appropriations bill, This is an emergency which is front Honduras, and Guatemala. Yesterday that we don’t lose sight of our values. and center. we met with their Ambassadors. To those who politically disagree and The Ambassador from Israel to the It is easy to understand what is hap- sometimes even despise the President, United States came to see me last pening. It is easy to understand when I urge them not to try to show how week. He said at one time two-thirds of the economies are so poor in this area tough they are with this President at the population of Israel was in bomb that families cannot feed their chil- the expense of these small children. shelters during these attacks. It is a dren. It is easy to understand when the Let’s show how big we are as a nation serious threat to them. drug gangs are so powerful that these first. The political debate can be saved Let me add too that all of us are children are being threatened, ex- for another day. praying this violence and war between ploited, raped, and killed. It is only I support this legislation. I think it Gaza and Israel will come to an end then that in desperation some member is the right thing to do. soon, that they will institute a cease- of the family says: There is only one I want history to write this chapter fire, sit at a table and resolve their dif- chance. We send you to the United about America, and I want it to be a ferences. States—putting these children in the chapter of which we are proud. I want But we cannot expect any country— hands of coyotes and smugglers who a future generation to look back to not Israel, not the United States—any take them on a journey that doesn’t this year and say that in this year, country—to sit and take 2,000 incoming last hours but days and is 2,000 miles. when the United States was presented rockets and not respond. This saves Imagine. Imagine a mother taking her with this border crisis with children, lives—the Iron Dome. child to the freight train—this 12-year- America showed its heart; America But now we need to take the next old boy—watching him climb up the stood and did what was right for these step, bringing peace to this region so

VerDate Mar 15 2010 03:15 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.064 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4881 that innocent people on both sides of our own children to be treated if they I am a beer drinker, and it is hard to the border are going to be spared. were ever in such a desperate cir- find an American company that can Hamas, a group which we have char- cumstance. sell you a beer these days. Why? Be- acterized as terrorist since the late Let’s set the politics aside. Let’s put cause they are almost all foreign com- 1990s, is leading this attack on Israel. these children front and center. panies. The two largest American beer This terrorist group is politically pop- I yield the floor. companies each have about a 1.4-per- ular in some parts of Gaza. How do The PRESIDING OFFICER. The Sen- cent market share—Sam Adams and they protect their rocket launchers? ator from Ohio. Yuengling. Great beers, by the way. They place them in homes, they put BRING JOBS HOME ACT But this is sad to me. them in crowded areas, and they build Mr. PORTMAN. Madam President, It doesn’t mean these companies tunnels under Gaza streets for their earlier today the Senate voted to pro- have all left the United States. A lot of weapons and to escape when they are ceed to debate on legislation called the them still have production here, brew- attacked. Bring Jobs Home Act. It is about tax eries here, and so on. But by The latest report is they were build- reform. It is about the tax system in headquartering somewhere else for tax ing these tunnels under hospitals, this country. purposes we lose something as Ameri- knowing that Israel and other coun- I am glad we are having the debate. I cans. We lose executive jobs over time, tries would spare these hospitals. voted to proceed to the debate. I think but we lose this intangible thing— Meanwhile, the hospitals are covering it is important we talk about it. which is, companies that are willing to tunnels, which is just the source of I had a reporter come to me earlier invest in our communities—in home- much more violence in the area. today who said: I hear that Democrats towns, like in my hometown, probably are going to talk about inversions. CHILD REFUGEE CRISIS everything we are involved with on the That means when a company of the I wish to close on the issue about the charitable side, some local company United States goes overseas and buys a child refugees. I see Senator PORTMAN has been involved with and helped company—usually smaller than they of Ohio is on the floor. I will close and with. A lot of them tend to be inter- are—and then inverts, they become a national companies that do a lot to yield in a moment for him. foreign corporation. One of the questions I asked of the They said: Are you concerned about help make our cities a better place to Ambassadors from Honduras, El Sal- that? live and to work. But they do it partly vador, and Guatemala was this: We be- I said: No. I think that is great. I because it is where their headquarters lieve the children who come into the think we need to talk about it. I think is. This is where their towns are. If United States once given a chance to it is a hidden problem that no one is they are not here—if they are in Dub- state why they are here—we believe talking about, and I think it is terrific lin, Ireland, or if they are in London, that half of them or maybe more will that we are talking about it. England, or if they are in Beijing or in be returned to their countries. So I hope what will happen over the Rio, Brazil, or somewhere else, they I asked the Ambassadors from these next week on the floor of the Senate is are not going to be making those in- countries: Can we have confidence that we will have an honest conversation vestments. So this is a big deal. if these children, who have come to our about what is happening in our great It is also a big deal because it is not border, are returned back to their country, where we have more and more just about the inversion. I see that as countries, they will be safe. A simple American companies saying, because of kind of the tip of the iceberg. It is also question, Will they be safe. Do you the Tax Code they are saddled with, about all these companies that are los- have people, charities, agencies of gov- they cannot compete around the globe. ing right now in foreign competition ernment to guarantee that when they So what do they do? Having a respon- because, again, they can’t compete. return, when they get off the plane or sibility to their shareholders, they go They have to pay more in terms of the bus, they will be safe? and find either a foreign company to taxes than their foreign competitors. The Ambassador from Guatemala become part of and become foreign—or So their foreign competitors can afford said: Yes, we do. The Ambassador from they make themselves a foreign com- to broaden their market share, get Honduras said: No, we don’t. The Am- pany by being acquired by a foreign more customers, can afford to buy a bassador from El Salvador said: Nei- company. Some of them are simply not company when one comes up for acqui- ther do we. growing because they can’t compete sition. Let us think about this for a mo- with other companies from other coun- I had a fellow come up recently from ment. Let us reflect on this for a mo- tries that are buying some of their as- the Boston area. Boston does a lot of ment. Let us make sure we do every- sets. biopharmaceutical research, as the thing in our power to hand these chil- A company recently came to me from Presiding Officer knows. It is very ex- dren over to a safe situation. Ohio, my home State, and said: We do citing what is going on there, and Let us work with these countries to work in Korea. We were in South throughout our country. We are still stop the flow into this country, but to Korea. We wanted to buy this sub- doing top-notch research. They showed make certain that when they return, sidiary there so we could expand what me the list of companies that have they are returned to a safe setting. we are doing in Korea and push more of been purchased in the last 4 or 5 years. Can you believe that in Chicago a our product there, more of our exports Unfortunately, the majority of those brother and a sister—a 6 year-old and a there. We finished the negotiation with companies were purchased by a foreign 3-year-old brother and sister—came to the Korean company, and a company company. It wasn’t by a U.S. company one of these shelters? I could see from from Germany stepped up and said: Do coming in and consolidating. It was by the bruises on their bodies they had you know what. Whatever you guys a company under different tax laws—a been through something on their way have negotiated, we will take it, but we Swiss company, a French company, a here. It took 2 months before these will pay 18 percent more. German company, or a Japanese com- children—the 6-year-old—finally talked The reason the German company pany—that had bought an American about what she can remember from could pay 18 percent more is their company, the majority of them—by far this horrendous journey. I won’t re- after-tax profits were higher, because the majority. This is happening all count the details, but it is heart- the German tax code treats the Ger- over the country, and it is happening breaking to think that a child of 6 man company better than the Amer- under our noses. years would have endured this experi- ican Tax Code treats the American We are sitting here in Washington, ence. company. That is the reality, and it is allowing this to happen because we are Let’s do right by these children. happening. abdicating our responsibility to reform Let’s make sure at the end of the day Over the last 5 years, they say there the Tax Code so that it is competitive. America has proven again we are a car- have been 35 American companies that By the way, we are the only country ing nation and that for those children have gone overseas through these in- that is not waking up to this. Every who come to our shores, come to our versions, but there are also a lot of single one of the other developed coun- borders, we will treat them humanely American companies that have become tries in the world—the countries that and compassionately, as we would want foreign entities. are members of what is called the

VerDate Mar 15 2010 03:15 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.065 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4882 CONGRESSIONAL RECORD — SENATE July 24, 2014 OECD, which is all the developed coun- by disallowing some of these deduc- are not as high as their foreign com- tries—every single one of them is re- tions will amount to around $143 mil- petitors. forming their tax code, except us. lion over 10 years. So they say $143 mil- It is not going to be easy to do tax re- In the 1980s, we established the rate lion over 10 years, because even though form. I understand that. It is never we have now, which is 35 now—then it there is no targeted allowance or tar- easy. That is not what we were hired to was 34 percent. When we add the State geted tax credits, they think this legis- do, the easy things. We are on the floor tax rates for the companies, it is about lation will have some effect on the way right now debating this proposal called 39 percent on average in America. We the IRS will interpret it. By the way, it the Bring the Jobs Home Act, which I are the highest rate in the world. is left up to the IRS to interpret it, and think is a misnomer, unfortunately. I So at the time we set our rate in the it is a subjective decision by the IRS guess that would be easy. It wouldn’t mid-thirties, that was just below the since it is not targeted. help, but it would seem easy. average. It was done deliberately, and But let’s say that $143 million over 10 Tax reform is going to be hard, be- it was done as part of the 1986 tax re- years is the right number. That is what cause we do have to lower the rate and form. We said: Let’s set the business the Joint Committee says. So $143 mil- broaden the base and get rid of some of rate at something below the average so lion over 10 years. Let me give one ex- these deductions and credits and ex- we can be competitive. ample. emptions and so on that are out there. But since that time, we have become There is a company in Ohio that is The Tax Code is now riddled with the highest rate, and every single one about a Fortune 200 or Fortune 300 them. Everybody likes their special of our developed country competitors— company. So it is a big company—not provisions. But it is an effort well all of them—have reformed their tax the biggest company, but it is a big worth undertaking, because it is about code and lowered their rate. company in Ohio. They decided a year our economy, it is about our future, it But they haven’t just lowered their or so ago to do an inversion. They is about our kids having jobs here. It is rate to make us No. 1 in the world— bought a company that was one-quar- about keeping American companies which is not a No. 1 you want to be if ter their size overseas and they became here. We simply have to do it. you want to compete and develop a foreign company. Based on the public By the way, Congress has done this jobs—they have also reformed their tax filings, we know this year that com- before. We did it back in 1986. It was code to make it more competitive pany will save $160 million on its taxes led by a Republican, Ronald Reagan, internationally. We haven’t done that. because it chose to become a foreign and a Democrat here in the Senate, We have been bystanders in this effort company. That is wrong. Our tax sys- Bill Bradley; and in the House, Dan to attract jobs and investment oppor- tem should be fair, it should be com- Rostenkowski, Tip O’Neill. This was a tunities. petitive. It shouldn’t be driving these bipartisan effort. It should be again. We still have what is called the companies to do this on behalf of their There is no reason it shouldn’t be bi- worldwide system, where we don’t tax shareholders and under their fiduciary partisan. income where it is earned. That has responsibility. The President has talked about it as created a real problem. That is $160 million a year versus a big problem right now in our econ- So I am glad we are having this de- this bill that, even if it works as the omy, that our Tax Code is so ineffi- bate on the floor. I am glad there is an folks are talking about, is intended to cient, antiquated, needs to be updated. opportunity to talk about this. I must be a $143 million impact over 10 years. He has talked about lowering the rate, say that, unfortunately, the bill before See what I mean about this not being a broadening the base. I agree with him, us, the Bring Jobs Home Act, is not serious proposal? Let’s get at the core let’s do it. Unfortunately, we haven’t going to help because it doesn’t get at problem. seen a proposal from the administra- this underlying problem we have been The other problem is, if we continue tion. talking about today. It does nothing to make it harder to be a U.S. com- We had a hearing on this recently about lowering the rate. It does noth- pany—whether it is to take away a tax and I asked the administration: Where ing about changing the international credit, whether it is to take away a de- is the proposal? system of taxation. It tinkers around duction, whether it is to do something They said: Well, we are interested in the edges with one issue, and that is to else, to try to block inversion, what working with you. remove deductions and tax credits will happen? What happens every time Great. I am, too. All of us are. that, according to the authors of the we try to put up a wall to stop some- Some Republicans, including DAVE bill, incentivizes companies to move thing but don’t deal with the under- CAMP, have put out very specific pro- overseas. lying problem? These companies will posals in the House Ways and Means There is a group here in Washington continue to look overseas, and they Committee. called the Joint Committee on Tax- will be targets for acquisition. We have to move forward on this. ation. They are nonpartisan, and they We talked about the fact that there And we have done this before. We can tell us in Congress what tax policy are no American beer companies any- do hard things. It is our job to do hard means, how much it costs, and what more, except ones that have less than 2 things. We did welfare reform a year the effects are going to be. Here is percent market share. These companies before an election—actually, months what they say: didn’t invert. They were bought by for- before election day, with President Under present law, there are no targeted eign companies. That is happening Clinton, working with Republicans, in- tax credits or disallowances of deductions re- right and left in America, and that is cluding Newt Gingrich. lated to relocating business units inside or what would happen even more if we This seems to be the kind of thing outside the United States. make it even more disadvantageous to that is harder and harder to do around So why are we having this debate? be an American company because we here, and yet there is more and more Why aren’t we debating the core are trying to block this. urgency to do it. issue—the real problem? I guess be- We have to get at the core issue. We People call it corporate tax reform or cause this is the better political debate can’t have the highest tax in the world, business tax reform and think: It must and it is easier to do. But it is not and we can’t have an international sys- be about the boardroom and about the going to help. It would be nice if there tem that is not competitive and hope executives. It is not. They will be fine were these targeted tax credits that to have these companies stay American either way. We don’t need to worry some of the authors claim, because companies. So let’s deal with the un- about them. We need to worry about then we could get rid of those and that derlying problem. the workers. CBO, the Congressional might help some. But, as the Joint Thirty-five companies over the past 5 Budget Office, which is the group that Committee on Taxation has said, that years have chosen to invert, but so analyzes legislation, has looked at this doesn’t exist. many others have done other things to and said: Do you know who is hurt Let’s take a look at the numbers. try to be competitive, including to sell more by these high corporate taxes we According to the Joint Committee on to foreign companies, or not to grow, have? It is the workers, of course. More Taxation, the very small tweaks this not to be able to compete with acquisi- than 70 percent of the burden, they legislation will make to the Tax Code tions, because their after-tax profits said, is borne by the workers in the

VerDate Mar 15 2010 03:15 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.067 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4883 form of lower pay, lower benefits, and more and have better benefits. We are panding opportunities for their mem- fewer job opportunities. sitting on the sidelines there too. bers. So I appreciate the building So we need to do this not because we Congress could move quickly to pro- trades stepping forward. are looking to help the boardroom but vide this President with the negoti- The other one is simply to make sure because we are looking to help the ating authority every President since regulations are accountable, make sure American worker at a time when it is Franklin Delano Roosevelt has had. there is a cost-benefit analysis, make already tough. Since FDR, every President has also sure we use the least burdensome alter- Over the last 5 years, they say, aver- asked for it. This President has now native in Washington, DC, to get to a age take-home pay has gone down asked for it. You heard him in his policy that is passed by the Congress— about $3,500 for a typical family. So State of the Union earlier this year. He commonsense stuff. Again, that has pay is not going up, it has gone down. hadn’t asked for it earlier in his term, passed the House, too, with bipartisan Health care costs have gone up. In fact, but now he has asked for it. Let’s pro- support. they are skyrocketing. vide it to him. Let’s give him the abil- I am offering these because I do I talked to some folks in Ohio last ity to knock down the barriers of trade think it is important for us to have weekend who asked: Why aren’t you for our workers, our service providers, this debate on tax reform, and I look doing more to get health care costs and our farmers to get this economy forward to further debate on Monday down? moving, along with tax reform and reg- and Tuesday of next week. I think this I said: Well, I didn’t support the ulatory reform. These are things that is a great opportunity for us to talk ObamaCare proposal. It was promised would actually make it better for the about the real problems. that the costs would go down, and they American people. I am not going to support this solu- are now going up. That is why we need On the regulatory side, I am offering tion because I don’t think it will help, real health care reform. amendments in the context of this leg- but I welcome the debate, and I am This is a middle-class squeeze. Health islation, and they are bipartisan glad we have proceeded to this debate. care costs are up, and wages are down, amendments. One has to do with ensur- I am glad my colleagues on the other now stagnant. This is an opportunity, ing that we do allow companies to per- side of the aisle are raising this issue. not through a sideshow like we are mit something more quickly. Right To the reporter who asked the ques- going to see on the floor here talking now it can take years to permit a tion I got today—Are you concerned about how to do these tweaks that project in the United States of Amer- that Democrats are talking about in- aren’t going to make any difference, ica. We have a bipartisan bill. Senator versions?—no, I am really happy they but to really get at the problem is the MCCASKILL and I are the two lead spon- are talking about it. We should all be way to get payback. That is what the sors, but we have other Democrats and talking about it—Republicans, Demo- Congressional Budget Office tells us. Republicans onboard saying this is just crats, Independents alike. As Ameri- Our Tax Code should draw companies common sense. Let’s make one agency cans, we should be focused on this issue to our shores, should bring investment accountable. Let’s be sure there is a and the broader issue that by our com- here and bring jobs here instead of way for everybody to transparently panies not being competitive, we are pushing companies away. All we are look at a windshield and see what the hurting American workers. If we don’t looking for is a level playing field. If status of the project is and move it for- turn this around—not by show votes, Americans have a level playing field ward. Let’s reduce some of the legal li- not by something that looks good po- here, we will be able to be competitive, ability in some of these projects. litically but doesn’t make any dif- and we will be able to bring back jobs. What people tell me—whether it is ference, but by actually getting at the We have the greatest innovators in the the solar companies I talked to yester- root of the problem—the highest rate world, we have the greatest resources, day or whether it is some of the oil and in the developed world, an inter- and we have incredible infrastructure gas producers or whether it is some of national system that doesn’t let us be in this country. We have a lot of advan- the wind companies or whether it is competitive globally because people tages. Our energy advantage now, the hydro people who brought this to cannot move around their assets to thanks to what we are doing now on my attention initially a few years find the best, most efficient use for private lands—we should do more on ago—they cannot get foreign investors them—those two issues, if addressed, public lands, but what we are doing on because it takes so long to permit will unlock all kinds of opportunities. private lands is really giving us an ad- something in America. That is the potential we have. There is vantage in terms of a stable supply of We used to be at the top of the heap, a better day ahead, right around the relatively low-cost natural gas, par- by the way, and now in the annual corner, if we do some of these basic ticularly for manufacturing. We see ease-of-doing-business surveys that are things. this in Ohio. It is a great opportunity, done, America has fallen behind. Amer- I was also asked today at a press con- but to take advantage of that oppor- ica is now something like 34th in the ference we do every week with Ohio re- tunity, we have to reform and improve world in terms of the ease of doing porters: How would you grade this Con- these basic institutions of our econ- business on permitting because more gress? Are they doing the things they omy, including the Tax Code. and more regulations have been added. ought to be doing? By the way, it is not just the Tax For an energy project, there are some- I have to tell you there are small Code, it is about regulatory relief to times up to 34 Federal regulations. things that have been done, but, no, ensure that American companies are Usually it is one after the other be- Congress is not doing the work of the not being saddled, as they are now, cause there is no coordination and ac- people. And the work of the people at with higher and higher costs and more countability. its core means that the laws, the Fed- and more regulations that make it That is what this bill does. It is very eral laws that this place alone—the harder for them to compete, make it simple. It is common sense. It already House and the Senate and the Presi- harder for them to create jobs. passed the House. It is the kind of bill dent—have control over, those laws It is also about being assured that we that, if passed, would create jobs and need to help the American people to be have a trade policy that actually works good construction jobs, which is why successful. It needs to be an environ- to expand exports. That is a huge issue the building trades support it. ment for success, an environment for in my home State of Ohio. We do a lot By the way, the labor unions, build- people to be able to say: Hey, my kids of exporting. We could do a whole lot ing trades, and others who support this and grandkids could have it better more. Twenty-five percent of our fac- kind of legislation do so because they than I have it because we see America tory jobs are now export trade jobs. figured out that America cannot be on the upswing. One in every three acres planted in competitive unless we have these basic That is not what we see today—the Ohio is now exported. We want to do institutions of our economy—whether weakest economic recovery since the more. That gets the prices up for farm- it is regulatory reform or whether it is Great Depression. I talked about wages ers. That is adding more jobs and cre- a smarter energy policy or whether it going down, not up. I talked about the ating more opportunity for good-pay- is the ability to have a tax code that higher cost of health care. I talked ing jobs. These great jobs tend to pay works, they want to be sure we are ex- about the fact that we have now in this

VerDate Mar 15 2010 03:54 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.074 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4884 CONGRESSIONAL RECORD — SENATE July 24, 2014 country a lot of people who are dis- I responded to his letter by pointing I imagine in the action— couraged about the future. out a number of things. The first is a group of men at a mosque in northern Gaza CNN did a poll recently, and nor- that I believe that I and all my col- said they had returned to clean up the green mally when people are asked in a poll leagues wish and pray and will do all glass from windows shattered in the previous whether they think their kids or we can to further the ideal that the day’s bombardment. But they could be seen grandkids are better off, they say: Yes. Palestinian people could live peace- moving small rockets into the mosque. That is the American dream. The next fully side-by-side with their Israeli The Japanese Mainichi Daily’s cor- generation will be better off. neighbors. It is a sentiment I expressed respondent in Gaza reported on July 21: That is what my grandparents be- when I visited the Palestinian officials Hamas criticizes that ‘‘Israel massacres ci- lieved, and that is what my parents be- in the West Bank a year and a half ago. vilians.’’ On the other hand, it tries to use lieved. That is not what today’s gen- But I also expressed that there was a evacuating civilians and journalists by stop- eration believes. Sixty-three percent of significant difference between the way ping them and turning them into ‘‘human the people said: No, I don’t believe that Israel and the Palestinians reacted to shields,’’ counteracting thoroughly with its guerilla tactics . . . is going to happen. these two horrible incidents. The Pal- What is even more troubling is that estinian Authority had to be basically It doesn’t end there. A Globe and 63 percent of young people do not be- nudged into expressing any sentiment Mail correspondent in Gaza, Patrick lieve that. They don’t believe their about the three young people who were Martin, wrote on July 20: lives are better off than their parents’. missing at the time. In fact, when the The presence of militant fighters in the We can change that. bodies were discovered, it led to street Shejaia became clear Sunday afternoon I hope we get a vote on these amend- demonstrations. It led to celebrations when, under the cover of a humanitarian ments I talked about. I hope we will on the streets of the West Bank and truce intended to allow both sides to remove have a good discussion and debate on Gaza. the dead and wounded, several armed Pal- estinians scurried from the scene. these issues. We owe it to the people we In Israel, the discovery of the death Some bore their weapons openly, slung represent to solve these big problems. of the young Palestinian led to strong over their shoulder, but at least two, dis- I thank you for the time, Madam statements by the Prime Minister and guised as women, were seen walking off with President, and I yield the floor. condemnation. It led to a phone call weapons partly concealed under their robes. MOMENT OF SILENCE from the Prime Minister to the family Another had his weapon wrapped in a baby The PRESIDING OFFICER. Under of the Palestinian. It led to visits by blanket and held on his chest as if it were an infant. the previous order, the Senate will now Israelis to the family of the Pales- observe a moment of silence in remem- tinian. It led to real outrage. There If you think that is bad, it gets bering Officer Jacob J. Chestnut and was a difference there, although both worse. I obviously cannot play a video Detective John N. Gibson of the United are horrible tragedies. on the floor of the Senate, so instead I States Capitol Police. But I think there is something now will read a statement from Hamas (Moment of silence.) emerging that is not being talked spokesperson Sami Abu Zuhri. This is a The PRESIDING OFFICER. The Sen- about. We have all seen the images of quote on television in Gaza: ator from Florida. people being killed, civilians who are The people oppose the Israeli fighter Mr. RUBIO. Madam President, I ask losing their lives in Gaza, and some are planes with their bodies alone . . . I think to be recognized as if in morning busi- beginning to say that this is all Israel’s this method has proven effective against the ness. fault, that this is Israel’s fault. In fact, occupation. It also reflects the nature of our earlier today—or maybe it was last heroic and brave people, and we, the [Hamas] The PRESIDING OFFICER. Without movement, call on our people to adopt this objection. night—the Prime Minister of Turkey said that what the Israelis are doing in method in order to protect the Palestinian ISRAELI-GAZA CONFLICT Gaza is worse than what Adolf Hitler homes. Mr. RUBIO. Thank you, Madam did to the Jews. It is, of course, a ridic- The response to this is, Israel drops President. ulous statement, but it gives an indica- fliers and sends text messages and I come to the floor today to discuss tion of where this is headed. makes phone calls telling people—civil- the ongoing situation in Israel. We all There is a story here that is not ians—we are going to undertake a mili- watch with great concern the images of being told and that the Palestinian tary operation, you should leave the the loss of life, young children, inno- Ambassador himself has ignored, as I area. What does Hamas do? I will tell cents who have lost their lives over the point to in my response to him. The you what they do. last few days, and also the men and first thing he ignores is that we have This is from the Facebook page of women who served in the defense forces never in the modern history of the their Interior Ministry spokesperson: of Israel who have lost their lives in world seen any organization use human An important and urgent message: The this operation. Our hearts also go out shields like Hamas is using human [Hamas] Ministry of the Interior and Na- to the men and women who live in the shields today. In fact, the reality be- tional Security calls on our honorable people nation of Israel who are living under hind it is unbelievable. in all parts of the [Gaza] Strip to ignore the the constant threat of rockets that are I would like to read from some press warnings [to vacate areas near rocket coming over from Gaza. accounts with regards to this. launching sites before Israel bombs them] I came to the Senate floor a week ago that are being disseminated by the Israeli Washington Post correspondent Wil- occupation through manifestos and phone to express not simply my concerns liam Booth, reporting from Gaza, wrote with this but also my solidarity—and I messages, as these are part of a psycho- in an article on the 15th of July: logical war meant to sow confusion on the believe that of almost everyone in this At the Shifa Hospital in Gaza City, crowds [Palestinian] home front, in light of the body—with our ally Israel, and I re- gathered to throw shoes and eggs at the Pal- [Israeli] enemy’s security failure and its con- ceived a response, a pretty heated let- estinian Authority’s health minister, who fusion and bewilderment. ter from the Palestinian Ambassador represents the crumbling ‘‘unity govern- This next statement was on tele- in Washington, DC. He expressed out- ment’’ in the West Bank city of Ramallah. vision on July 14: rage that I and my colleagues had not The minister was turned away before he expressed the same level of concern for reached the hospital, which has become a de We call on our Palestinian people, particularly the residents of northwest Gaza, not to Palestinians as we had for the Israelis. facto headquarters for Hamas leaders, who can be seen in the hallways and offices. obey what is written in the pamphlets dis- He particularly pointed to the case of tributed by the Israeli occupation army. We the three murdered Israelis but said we Another report by the Washington call on them to remain in their homes and had not expressed similar feelings for Post on July 17 recounts: disregard the demands to leave, however se- the young Palestinian who lost his life. During the lull— rious the threat may be.

VerDate Mar 15 2010 03:54 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.075 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4885 This is evidence that Hamas is using such cowards. I will tell you why they to separate completely from Hamas, its own people as human shields. are cowards. While they are on TV ask- condemn what Hamas is doing to your It doesn’t stop there, Mr. Ambas- ing these people to go to the rooftops own people—condemn the use of human sador. Ask yourself: Why did your or- of these buildings, you know where shields. That is what I ask you to do. ganization—why did your govern- they are? They are hiding in their base- Stop writing letters to Senators and ment—unify with this terrorist organi- ment command center, which, by the being angry at us when, by the way— zation that uses its own people as a way, is located in the basement under- although we should not be doing it be- human shield? You didn’t mention that neath a hospital. cause the law says no money should be in your letter. You didn’t mention in This would end tomorrow—the civil- going toward any organization linked your letter that you aligned yourself ian deaths could end tomorrow—if they with Hamas—the United States has with an organization that calls for the stopped storing rockets in schools, in- been helping you to stand up your se- destruction of the Jewish state. You cluding a U.N. school. By the way, curity forces in the West Bank through left that out of your letter as well, Mr. when the U.N. discovered these rock- our taxpayer money. Don’t write let- Ambassador. ets, do you know what they did with ters to the U.S. Congress complaining What has been the international re- them? They turned them back over to to us about what Israel is doing when action to this? Well, I already told you Hamas. Don’t tell me both sides are to the people you just created a unity about what came out of Turkey. Just blame here because it is not true. It is government with are launching rockets yesterday the so-called United Nations not true. This is the result of one thing against civilians in Israel and using its Human Rights Council—and I say so- and one thing alone: Hamas has de- own people as human shields. called because it has such distin- cided to launch rockets against Israel, I think you need to take responsi- guished human rights beacons as Cuba Hamas has decided to build this exten- bility for your own people and your and China on its membership—voted sive network of underground tunnels so own part of the world. If you truly unanimously, except for the United that in a moment of conflict they can want peace, peace begins with laying States, to condemn Israel and to call get these commandos into Israel and down your arms and stopping these at- for an investigation into war crimes kill Israelis. tacks and condemning those who are against Israel. There is a 700-page docu- What is Israel doing? What any coun- conducting these attacks and using in- ment that briefly mentions rockets and try would do. Of course this is not an nocent civilians as human shields. If does not mention Hamas or human excellent example, but imagine for a you want peace, that is what you shields whatsoever. Meanwhile, this moment if one of our neighboring coun- should spend your time doing and not crisis continues. tries decided to start hitting us with trying to rally public support around What do we see coming out of rockets. What would the United States the world for the idea that Israel is re- Hamas? Have they stopped what they do? Would we sit there and say: We sponsible for war crimes. are doing beyond the human shields? really have to be restrained and hold From our perspective, I hope the No. What we discovered—and what has back here? We would not tolerate that. United States continues to be firmly been discovered now—is an intricate Imagine that every night and every on the side of Israel because there is no web of underground tunnels designed to morning sirens were going off in your moral equivalency here. What is hap- bring killers into the Israeli territory. city because rockets were on their way pening between Israel and Hamas is to- They attempted, by the way, to carry in and you spent the better part of the tally 100 percent the fault of Hamas. out a massacre at a kibbutz near the day running in and out of shelters and There is no moral equivalency here. All of the blame lies on Hamas. border with Gaza. Luckily they were taking cover. What would you say? You For this crisis to end, Hamas must intercepted by Israeli defense forces. would say: Take care of this problem either be eliminated as an organization They discovered tranquilizers in their once and for all. Why would we ever ask Israel to do or they must lay down their weapons possession, the purpose of which, of anything less than we would do if we and adhere to the true precepts of course, was to use them to abduct and were in the same situation? And that is peace, which is the desire to live peace- kidnap Israelis and take them back to what they are doing. fully side by side with our neighbors in Gaza for ransom or worse. The rockets In the process of taking care of the Israel. continue to rain down as well. situation, tragically, civilians are I yield the floor. You also didn’t mention in your let- dying, and do you know why? Because The PRESIDING OFFICER (Mr. MAR- ter, Mr. Ambassador, the cease-fire, Hamas is deliberately putting them in KEY). The Senator from Alabama. which, by the way, Israel agreed to the way. I just read the quotes. Hamas BORDER SECURITY even though it was extremely unpopu- is asking their people to do what their Mr. SESSIONS. Mr. President, we are lar in Israel. Why? Because three times leaders won’t do. They are asking their dealing with a very disturbing crisis on in the last 5 years they had to face own people to get in harm’s way and our borders. The situation that has de- this. act as human shields because they veloped is unbelievable. It is unbeliev- I want you to imagine for a moment want these images to be spread around able how rapidly it has developed, but that you lived in a country with a the world. They are willing to sacrifice it has, indeed, been building up for neighbor that blitzed you three times their own people to win a PR war. more than a year. It is a direct and pre- in the last 5 years with rockets, trying I think it is absolutely outrageous dictable result of the President’s poli- to kill your children and destroy your that some in the press corps domesti- cies and not enforcing the laws of the cities and disrupt and paralyze your cally and most of the press corps inter- United States when it comes to immi- economy. There comes a point where nationally are falling for this game. So gration. It is a very sad day, and it can you say enough is enough, we have to please don’t tell me that both sides are only end when the President stops sus- put an end to this. So you can just to blame here, and please don’t tell me pending laws and starts enforcing laws. imagine how unpopular that cease-fire this was caused by Israel. The President is the chief law en- must have been among some elements In my time here in the Senate, I had forcement officer in America. Every of the cabinet and the unity govern- the opportunity to visit multiple coun- Border Patrol officer, every ICE offi- ment in Israel, and certainly among tries. I have never met a people more cer, every Coast Guard officer, every the population. Yet the Prime Minister desirous of peace than the people in military officer, every Department of went ahead with it because they desire Israel. But peace cannot mean your de- Justice employee, and FBI employee peace, and in just a few hours Hamas struction, and that is what they are works for him. He supervises them and violated the cease-fire. facing here—an enemy force that wants directs them. He has been directing So please don’t come to me and say to destroy them and wipe them out as them not to enforce the law rather that both sides are to blame here. That a country. It is impossible to reach any than to enforce the law. The evidence is not true. This crisis would end to- sort of peace agreement with an orga- of that is undeniable. morrow if Hamas would turn over its nization like that. That is what Israel The law enforcement officers—the rockets and stop bombarding people. is facing here. ICE officers, Immigration and Customs This would end tomorrow, by the way, Mr. Ambassador, I ask that you go Enforcement officers—sued their super- if the Hamas commanders were not back to your government and ask them visor directly appointed by President

VerDate Mar 15 2010 03:51 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.077 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4886 CONGRESSIONAL RECORD — SENATE July 24, 2014 Obama for blocking them from ful- so. By declaration of duly passed law, ized by the President’s unilateral Exec- filling their oath to enforce the laws of people aren’t entitled to come to utive order; represents about 10 times the United States of America. There is America unlawfully, to come to Amer- the number of people who have already a Federal court case that is still ongo- ica and stay unlawfully. They are not been given lawful status, in effect, by ing, and the judge found, at least at entitled to do that. How simple is this? the President’s unlawful Executive one point in his order, that the Presi- They are not entitled to be able to take order. dent has no right to direct officers not jobs if they do. They are not entitled to At this time perhaps it would be ap- to comply with the law. certain government benefits if they propriate, and I would appreciate it, if We now know that we are facing an come illegally. Of course they are not. the Senator from Texas would explain exceedingly grave threat of an unbe- Of course they are not able to work and his analysis of this issue and how his lievable expansion of his unilateral Ex- take jobs and get benefits if they came legislation would be effective in ensur- ecutive orders of amnesty that go be- into the country illegally. ing that we don’t go down this illegal yond anything we have ever seen in So when this first got talked about in road any further. this country and which threatens the more general terms, 22 Members of the The PRESIDING OFFICER. The Sen- very constitutional framework of our Senate wrote President Obama and ator from Texas. Republic and the very ability of this questioned what we are hearing. The Mr. CRUZ. Mr. President, I thank my Nation to even have borders, it seems Senators wrote this: friend, the junior Senator from Ala- to me, and certainly to create a lawful, These policies have operated as an effec- bama, for his very kind comments and equitable, consistent enforcement in tive repeal of duly enacted federal immigra- for his relentless leadership in defense our country. tion law and exceed the bounds of the Execu- of the rule of law and standing against The respected newspaper National tive Branch’s prosecutorial discretion. It is amnesty. Journal, which is here in Washington, not the province of the Executive to nullify What I wish to speak about this a nonpartisan and respected organiza- the laws that the people of the United afternoon is the humanitarian crisis States, through their elected representa- that is playing out on our southern tion, reported on July 3—and a lot of tives, have chosen to enact. To the contrary, people have missed this, and we need to it is the duty of the Executive to take care border right now and the abdication of know what this is saying. We need to that these laws are faithfully executed. Con- responsibility that is playing out in know what it means, and we need, as gress has not passed laws permitting people Washington, DC. Members of Congress and this Senate, to illegally enter the country or to ignore A couple of weeks ago President to resist it. We cannot allow it to hap- their visa expiration dates, so long as they Obama was in my home State of Texas. pen. We will not allow it to happen. do not have a felony conviction or other se- He found time to go to two Democratic The American people, when they find vere offense on their record. Your actions Party fundraisers, to pal around with demonstrate an astonishing disregard for the out what is being discussed, will not some Democratic Party fat cats, to col- Constitution, the rule of law, and the rights lect a whole bunch of checks. Yet allow it to happen, in my opinion. Con- of American citizens and legal residents. gress needs to be directed by the peo- Our entire constitutional system— somehow he didn’t have time to make ple—I hate to say—to resist it. It says: The letter goes on to say— it down to our southern border. Obama made it clear he would press his ex- The day before he was in Colorado is threatened when the Executive Branch and he found time to play a game of ecutive powers to the limit. He gave quiet suspends the law at its whim and our na- credence to recommendations from La Raza tion’s sovereignty is imperiled when the pool with the Governor there. I am and other immigration groups that between commander-in-chief refuses to defend the in- glad he enjoyed himself playing pool. 5 million to 6 million adult illegal immi- tegrity of its borders. Yet somehow he didn’t have time to go grants could be spared deportation under a You swore an oath— visit Lackland Air Force Base and see similar form of deferred adjudication he or- the 1,200 children who are being held dered for the so-called Dreamers in June The letter says to the President— 2012. to preserve, protect and defend the Constitu- there who are paying the price for the failure of the Obama immigration pol- The DREAMers being the young peo- tion of the United States. We therefore ask you to uphold that oath and to carry out the icy. In the coming weeks he is headed ple. Five to 6 million would be given duties required by the Constitution and en- to Martha’s Vineyard. He is, I am sure, legal status in the United States of trusted to you by the American people. going to enjoy himself paling around America when they have entered con- The President is limited. He is not with swells. Yet the people held in de- trary to law or are in the country con- all-powerful. He is entrusted with cer- tention facilities up and down the bor- trary to law and are not entitled to tain limited powers by the people of der are not going to see the Com- work in America. the United States of America. mander in Chief because he cannot be The article goes on to say: Now we understand he intends to go bothered to address the human suf- Obama has now ordered the Homeland Se- even further. In the response we got fering. curity and Justice departments to find exec- back, he never addressed it at all, ex- utive authorities that could enlarge that He was just in California, in Holly- non-prosecutorial umbrella by a factor of 10. cept for his Secretary of Homeland Se- wood, where the producer of ‘‘Scandal’’ Senior officials also tell me Obama wants to curity, Mr. Jeh Johnson. He announced hosted him. That is kind of fitting be- see what he can do with Executive power to that, yes, he is indeed, at the order of cause it is scandalous that the Presi- provide temporary legal status to undocu- the President of the United States, dent has more time to be ‘‘Fundraiser mented adults. conducting a review of how many other in Chief’’ than he does to do his basic What we know is with the children’s people he can provide this amnesty for job as Commander in Chief in securing group, they were provided with an ID and work authorization for. our borders. card that at the top of it, in big print, So last week one of our able col- Let me tell my colleagues, while the says, ‘‘employee authorization card.’’ leagues, Senator TED CRUZ—a former President was running around col- This is exactly what is being talked solicitor general for the attorney gen- lecting checks from Democratic Party about here, what the President of the eral’s office in Texas who has argued fat cats, I was back home in Texas. I United States is saying. cases in appellate courts in the coun- was on the border this weekend down Remember, the Congress has been try—identified this problem and pro- in McAllen. I sat down with the chief of asked by activist groups and certain posed I think a legislative fix that the Border Patrol in McAllen. I sat business interests to provide an am- every Member of this body should sign. down with the line officers of the Bor- nesty for people who are here. The Con- Some may say, Well, the President, I der Patrol in McAllen. I visited the de- gress has declined to do so. It has been don’t think he is going to do this. OK. tention facilities that are being con- fully and openly debated and has not Why not bar him from doing it? Some structed to hold these children. I saw a passed into law. That is the decision of say, I don’t think we should sign it. remarkable facility. It used to be a gi- the Congress. That is the decision we Why not? He basically said he has al- gantic warehouse, and in 18 days the have made—the duly elected body that ready done it with the younger group, Border Patrol had to stand up a facil- passes laws. As such, they not having and he said it is going to be a tenfold ity to house 1,000 children because that been given amnesty, the President of increase in the 5 million to 6 million is the volume coming through there the United States is not entitled to do people who are suggested to be legal- every couple of days.

VerDate Mar 15 2010 05:00 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.079 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4887 The President is right in one regard. by violence, racked by civil war, and things we hear reports of is these fami- He has publicly stated we are seeing a we have always seen when violence lies with the girls, before they send humanitarian crisis, and that is cor- rises, the immigration from a par- them up, they give them birth control rect, but it is a crisis of his own cre- ticular country goes up. We see legal because the expectations are that the ation. This humanitarian crisis is the immigration from that country go up risks of sexual assault and rape are so direct consequence of President and we see illegal immigration from high. That risk is being undertaken be- Obama’s lawlessness. I will note he that country go up. What we haven’t cause of the promise of amnesty. cannot even be bothered to cast his seen in the past is the explosion of chil- When I was down in McAllen this eyes on the people who are suffering dren. weekend, I asked the line agents—I because of it. The violence in Central America is a said: Listen. Every day you guys are on If we want to know what is causing reasonable cause to explain the in- the river, you are in the helicopter, this crisis, a simple examination of the crease in immigrants from Central you are securing the border. Why are numbers will suffice. Just 3 years ago, America, the increase in families com- they coming? What has changed? Just 3 in 2011, the number of unaccompanied ing up to get away from the violence. years ago it was 6,000 kids. Now it is children entering this country was What it doesn’t explain is this new phe- 90,000. What has changed? Every single roughly 6,000. Then, in June of 2012, nomenon: 90,000 unaccompanied chil- one of the Border Patrol agents gave just a few months before the election, dren. That is a new phenomenon. There the exact same answer. They said they President Obama unilaterally granted is no reason violence would dictate are coming because they believe they amnesty to some 800,000 people who saying, I am going to take my little will get amnesty. were here illegally in this country who boy, I am going to take my little girl, It is important to understand, by the entered as children. He did so, presum- and send them alone. That instead is a way, the coyotes smuggle them across ably, because he thought there would direct response to what President the border, and as soon as they get be a political benefit. It was a few Obama did by granting amnesty that across the border, they actively look months before an election and he was targeted to those who entered as for the Border Patrol. They are not thought there was good politics in ig- kids. Why are kids entering? Because being captured. They are not being noring the law and granting amnesty. the President has said, if you enter as caught. They go look for someone in But the foreseeable consequence of a kid, I will grant you amnesty. uniform. They may have ragged clothes that amnesty—the predictable and the Several weeks ago I visited Lackland falling off their back, they may not predicted consequence of that am- Air Force Base where roughly 1,200 of have food or water, but they have their nesty—if we tell people across the these children are being held. I visited papers. They have their papers with globe that if they enter as children, with the senior officials there. It is them. They cross the border illegally they get amnesty, suddenly we create worth understanding that there are with a coyote and they endure the an incredible incentive for more and many victims of the President’s refusal physical and sexual abuse and then more children to come and more and to enforce the law, but some of the they look for the Border Patrol to hand more children to come alone. most direct victims are these little their papers to. Why? Because they be- This year, the Department of Home- boys and little girls because the lieve once they get here and hand their land Security estimates that 90,000 un- coyotes who are bringing these chil- papers over, they get amnesty. accompanied children will enter this dren in are not well-meaning social If we want to solve this crisis, there country illegally. Next year they esti- workers. They do not have beards and is one, and only one, way to solve this mate 145,000. I want my colleagues to Birkenstocks, and they are not there crisis; that is, to eliminate the promise compare those numbers for a second. out of love. These coyotes are hard- of amnesty. I mentioned a few mo- Three years ago, it was 6,000. Now it is ened, vicious transnational drug car- ments ago that I wanted to talk about 90,000, and next year we expect 145,000. tels, and these children are being sub- this humanitarian crisis and talk The direct and proximate cause was jected to horrific physical and sexual about the abdication of responsibility President Obama’s amnesty. abuse. because Washington has always been There are some in this body who When I was at Lackland Air Force lousy at taking responsibility for the might not believe what a Member of Base, a senior official there described suffering our policies create. But the the opposite party says on this. There to me how these coyotes get custody of response of this President, and I am is a whole lot of partisanship in Wash- these kids to smuggle them illegally sorry to say the Democratic majority ington. It truly has shut down the abil- into this country, and then sometimes in this body, has been particularly cal- ity of this body to deal with real chal- they will decide to hold the children lous. lenges facing this country. for ransom, to get even more money President Obama proposed a $3.7 bil- If people don’t believe what a Mem- from the families. If the families can- lion supplemental plan. Mind you, he ber of the opposite party says, perhaps not or will not pay, horribly, what did not have time to visit the border, they will believe the Border Patrol. these coyotes are doing is severing to visit the children, to see the suf- Just a few weeks ago the Border Patrol body parts of these children and send- fering, but he proposed yet more spend- conducted a confidential study that ing them back to the families. ing. The $3.7 billion supplemental is an was given to members of the Senate The senior official at Lackland de- HHS social services bill. It spends a Judiciary Committee by a whistle- scribed coyotes putting machine guns whole bunch of money. By the way, to blower in the Border Patrol, where to the back of the head of a little boy give you a sense of just how much $3.7 they interviewed over 200 people who or a little girl and ordering them to cut billion is, for $3.7 billion we could pur- had entered the country recently ille- off the fingers or the ears of another chase a first-class airplane ticket for gally, and they asked them the ques- little boy or little girl. If the child re- each one of these 90,000 children to re- tion: Why are you coming? Ninety-five fuses, they shoot that child and move turn them home—first class—sitting in percent said we are coming because we on to the next one. They described how the front row of a commercial airline. believe we will get amnesty; that if we on our end we are seeing children come After doing so, we could deposit $3.6 just get here, we will be allowed to into this country—some of whom have billion back in the Federal Treasury. It stay. been horribly maimed by these violent is a massive amount of money he has The administration has been giving coyotes and drug cartels, others of asked for, and what is striking, less lots of supposed causes for this human- whom have enormous psychological than 5 percent of it goes to border secu- itarian crisis. One of their favorites is damage—from a little boy or a little rity. the violence in Central America. It is girl forced to commit such atrocities Here is the cynical part. Here is the true. Tragically, there is a great deal upon pain of death. sad part. Nothing in the President’s of violence in Central America and it I asked the officials at Lackland: proposal does anything to solve the un- has been increasing, but I would note How many of these children have been derlying problem. Nothing does any- violence is not new to the human con- victimized? The answer: All of them. thing to eliminate the promise of am- dition. There have always been coun- That was from the senior official at nesty. Nothing does anything to solve tries across the globe that are racked Lackland. By the way, one of the the problem. What the President is

VerDate Mar 15 2010 03:51 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.081 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4888 CONGRESSIONAL RECORD — SENATE July 24, 2014 saying is he is perfectly content for it so little boys and little girls are not That did not create significant prob- this crisis to continue in perpetuity. physically and sexually assaulted so we lems in 2008 or 2009 or 2010 or 2011 be- Under the President’s bill, next year do not have tens of thousands and hun- cause we did not have a massive influx we can expect 145,000—DHS expects—to dreds of thousands of kids coming ille- of kids from those countries. But once come. We can expect tens of thousands gally into this country. the President illegally granted am- or hundreds of thousands of little boys Look, we all understand politics in nesty and we started getting—as we are and little girls to be physically as- this town. It is an election year. The expected to this year—90,000 unaccom- saulted and sexually assaulted by election is a few months away. Scaring panied children—most of whom are coyotes. people and demagoguing, unfortu- from Central American countries—now That is not humane. That is not com- nately, is not new to Washington. But we are seeing the 2008 law cause real passionate. Any system that continues the cynicism that is reflected in Presi- problems because returning these chil- to have children in the custody of these dent Obama’s and the majority leader’s dren home is delayed, often delayed in- vicious drug cartels is the very oppo- approach to this issue is a new level for definitely. site of humane and compassionate. As this town. When I was in the McAllen meeting my friend the junior Senator from Ala- This week I am introducing broader with the line Border Patrol agents, I bama pointed out, the magnet of am- legislation that not only includes what asked them another question. I said: nesty has been significantly exacer- was included last week—a prohibition Listen. Washington is dysfunctional. on the President granting amnesty— bated in recent months. Why? Because Partisan politics rips the town apart. If but includes two other elements: a re- President Obama, in a very high-profile you could ignore the politics, what do form of the 2008 law to expedite the hu- way, met with far-left activists and you say on the frontlines? How do we mane return of these children to their made a promise. He said: I am going to actually secure the borders? How do we families and a provision to reimburse study how to expand amnesty and to solve this problem? Every single one of the cost for the States calling up the grant amnesty to another 5 or 6 million the Border Patrol agents answered the National Guard to secure their borders. people here illegally. I would like to say a word about the same way. They said: We have to send Let’s be clear. There is nothing— 2008 law. That has actually been dis- them home. zero—in U.S. immigration law that cussed a lot in this body. Indeed, the We treat them humanely. We treat gives the President the power to grant Obama administration has two talking them compassionately—because that is amnesty. It is open lawlessness and points. If we ask the administration who we are as Americans; those are our contempt for rule of law, but yet that what has caused this crisis, the first values—but humanely and compas- promise is heard. That promise is heard one is violence in Central America. sionately we need to expeditiously re- throughout Central America. That There is something convenient about turn them to their families back home. promise is heard by those mothers and that talking point because if it is vio- Why? Because if the children are al- dads who make the heart-wrenching lence in Central America, it is not lowed to stay—and, mark my words, decision to hand their sons and daugh- President Obama’s fault. It is not any- President Obama wants these children ters over to these coyotes. They do so thing they have done. It is something to stay and he wants to grant amnesty because they love their kids and they else extrinsic. But the second talking to the next children and the next chil- believe, as terrible as the journey will point that sometimes the administra- dren, which means that promise of am- be, that if they get here, they get a tion will say is that the cause of this nesty will cause tens of thousands and permiso, they get to stay in the ‘‘prom- crisis is the 2008 law. hundreds of thousands of children to ised land.’’ That promise of amnesty is There is a reason they point to that. continue to be physically assaulted and why this crisis has happened. Because it seems there is nothing sexually assaulted in perpetuity. So I have introduced legislation to President Obama enjoys more than If we grant amnesty, all it will do is solve the problem. Last week I intro- blaming everything bad on this planet incite yet more kids to be victimized. duced a very simple bill that puts into on George W. Bush. The 2008 law was The only way to solve this problem— law that President Obama has no au- signed by George W. Bush. So if this this is coming from the Border Patrol thority to grant any additional am- crisis was caused by the 2008 law, then agents—is to humanely and expedi- nesty. It is a very simple bill. It pre- mirabile dictu, it is not this adminis- tiously send them home, reunite them vents the President from taking the tration’s fault. with their families. DACA Program that he unilaterally But John Adams famously said: The legislation I am introducing this and illegally implemented in 2012 and Facts are stubborn things. If someone week changes the 2008 law so the poli- expanding it to cover any new immi- is going to make a claim that a crisis cies for sending them home are the grants. is caused by the 2008 law, they have to same as the policies for Mexico and It is interesting. Representatives be willing to take at least a moment to Canada. We treat Mexico and Canada from the administration go on tele- look to the facts. with great friendship and compassion. vision and they say: These children are The 2008 law was passed, There is no reason the very same pro- not eligible for amnesty. If that is unsurprisingly, in 2008. The number of cedures cannot apply to children from their position, the administration children entering unaccompanied did Central America. should support my bill. If that is their not spike in 2008. It did not spike in The final element of this bill is deal- position, all this bill does is put into 2009. It did not spike in 2010. It did not ing with the real security crisis that is law what they say their position is; spike in 2011. In 2011 it was roughly occurring. that these children are not eligible for 6,000. If the 2008 law were the cause of Just today the junior Senator from amnesty. this crisis, we would have seen the Alabama and I both heard a briefing Have they supported the bill? They numbers spike in 2008 or 2009 or 2010 or from one of our senior military leaders have not. Instead the majority leader 2011. No, they did not spike until 2012— on the national security threats caused of this body took it upon himself to go June of 2012—when the President by our porous borders, by the same out and hold a press conference. What pulled out his pen and granted am- avenues that are taking those kids in is the top priority for the majority nesty. That is the cause—the direct and that are also being used to smuggle leader of this body? To come after and cause—the cause that the Border Pa- vast quantities of drugs. The same cor- attack the legislation I introduced, to trol tells us these immigrants are tell- ridors that are taking those kids in are personally come after the freshman ing us is why they are coming. also being used to smuggle in thou- Senator from Texas. The majority Once the crisis was created, the 2008 sands of aliens from special interest leader is welcome to impugn any Mem- law has had unintended consequences. countries, from the Middle East, aliens ber of this body. Sadly, that happens The 2008 law allowed expedited removal from countries that face serious issues all too often. But yet nowhere in the for unaccompanied children from Mex- of radical Islamic terrorists. majority leader’s comments was a word ico and Canada—our immediate contig- A number of our border Governors said about solving this problem. No- uous countries—but created slow, de- have stepped forward to respond to this where in the majority leader’s com- layed, bureaucratized removal for chil- crisis. I commend the Governor of my ments was a word said about changing dren from more distant countries. home State of Texas, Rick Perry, for

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Pregnant doing so because the President and the friend and ally Israel. Let me tell you women are abandoned and left to die. Federal Government are refusing to do right now, every Republican on this Those are vicious cartels and coyotes. their job. But I commend the Gov- side of the Chamber would vote right This is the face of amnesty. Ninety ernors for doing so. The legislation I now, this afternoon, to replenish the thousand children being victimized, am introducing simply provides that Iron Dome missiles. To be honest, we being physically assaulted and sexually when a State steps up and does the job should be voting. You know, in most assaulted. This is the face of amnesty: that is our responsibility, the Federal parts of the country, Thursday after- Children held in detention centers with Government will reimburse the costs. noon, 4:30, people who actually have an chain-link fences going up 18 feet, sepa- In all likelihood, next week we are honest job are still at work. Not in the rating them in separate pens. This is going to have a vote on a bill that is Senate. The Senate people head on the face of amnesty. Our heart breaks denominated a ‘‘border security’’ bill. home. People are out campaigning. for these kids. But if it really breaks It is a bill the majority leader wants us How about we actually have Senators for those kids, we should do something to vote on that is a version of the show up on this floor more than one or about it. The only way to stop this hu- President’s HHS social services bill and two at a time and debate these issues? manitarian crisis is to stop President spends a whole bunch of money and How about we actually see Senators Obama’s amnesty. As long as the Presi- does nothing, zero, nada, to solve the stand, debate the issues, and resolve dent continues to promise amnesty, problem. the problems? The majority leader knows that. The The majority leader went on tele- these children will keep coming, and President knows that. The intention is vision and said: The border is secure. I they will keep being victimized. to have it voted down. One of the in- find that an astonishing assertion. I Sadly, as long as Senate Democrats credible things about where we are recognized how from the perch of are unwilling to stand up to their right now is this Democratic Senate is Washington, DC, it might seem that President and say, let’s actually show a do-nothing Senate. We do not pass way. Perhaps the DC/Virginia border is some leadership and fix this problem, any legislation of consequence. There secure. But I would invite the majority then the Senate will continue to be the is a reason for that. The majority lead- leader and I would invite any Member Democratic do-nothing Senate. We will er has decided we are not going to pass of the Chamber: Come down to Texas. not solve those problems. We will fail any legislation of consequence. So in- Come to McAllen. Come visit the bor- in the fundamental obligation all of us stead what do we have? We have a se- der. When I was in McAllen on Satur- owe to the men and women who elected ries of show votes, every one of which day, the Border Patrol agents told me us. is designed to fail, every one of which the day before they had apprehended The PRESIDING OFFICER. The Sen- the majority leader knows will fail, 622 people. ator from Alabama. and every one of which is poll tested or I went to the processing center. They Mr. SESSIONS. Mr. President, I focus-group tested to allow Democrats had 10 holding centers with 600 or 700 thank the Senator from Texas because running for reelection to campaign people there. One holding room had lit- it, indeed, is the face of amnesty. He based on those votes. tle girls below age 14, unaccompanied. has documented for us, I think indis- It is not legislating. It is not doing Another holding room had little boys putably, that this surge of immigration the job the Senate was meant to do. under age 14, unaccompanied. The third was a result of the amnesty provided This border security bill that we will holding room had girls ages 14 to 19, for these children by the President of likely vote on next week will do noth- unaccompanied. The fourth room had the United States. I think that has ing for border security. It is not de- boys ages 14 to 19, unaccompanied. The been shown. I think we have never had signed to. Even if it were to pass, it is fifth and sixth rooms had family units, a clearer analysis of it. not designed to. It is not designed to do mothers and fathers and little bitty ba- I am reading now further in the Na- anything to stop President Obama’s bies, including tiny infants needing tional Journal article about what the amnesty. It is not designed to do any- diapers and formula. Then the final President plans to do next. The con- thing to expedite reuniting these kids four holding areas held adults. cern we have is about the future. I am with their families back home. It is That was one day. That was not a not making this up, colleagues. This is simply designed to be a fig leaf, to say: week. That was not a month. That was a very real action the President is con- The Democrats have responded to this one day. Ninety thousand unaccom- sidering, as I read from that chart on crisis. The evil, mean, nasty Repub- panied children are expected to enter amnesty. He would execute, contrary licans did not go along. the country this year. The majority to law, what would give legal status That is a political narrative that is leader of the Senate says the border is and work status to 5 to 6 million peo- not new. It is common in partisan poli- secure. I would invite the majority ple, 10 times the number that he has tics. It just happens not to be true. Un- leader to say that to those little boys been provided for in this action. fortunately, the Democratic majority and little girls who have just been vic- What did the National Journal rein this body has demonstrated no inter- timized that the border is secure. That port? Well, I am quoting here. est in actually solving this problem. sure would surprise them. I would in- The President also told a group—This is You want to know just how cynical the vite the majority leader to say that to the group of La Raza and other activist majority leader’s strategy is? They the farmers and ranchers and the citi- groups that are demanding amnesty and, have added to this border bill a provi- zens in South Texas because that sure really, open borders. He told them that sion that would replenish the Iron would surprise them. Boehner, the Speaker of the House ‘‘urged Dome missiles for the nation of Israel. By the way, when you get outside of him not to press ahead with executive ac- I would note that has nothing to do Washington this issue is not partisan. tions because that would make legislating with the crisis at our southern border. When you go down to South Texas and more difficult next year.’’ It is a policy that is unambiguously you visit with the elected leaders In other words, Speaker BOEHNER good. Every Member on the Republican there, many of whom—most of whom— said: Do not use this executive am- side of this Chamber supports replen- are elected Democrats and often His- nesty in the future, Mr. President. So ishing the Iron Dome missiles that are panic Democrats, and you ask: What is now the President is talking to the right now keeping Israel safe from the your top priority? Among Hispanic group, these activists that have been Hamas terrorist rocket fire. So why Democrats on the border, they say: pushing him and demanding things. has the majority leader stuck that Border security—because the border is This is what the article says. onto a bill that he knows will fail and so far from secure that their commu- Obama told the group, according to those is designed to fail? nities are paying the price. present, his response to Boehner was: ‘Sorry

VerDate Mar 15 2010 03:51 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.085 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4890 CONGRESSIONAL RECORD — SENATE July 24, 2014 about that. I’m going to keep my promise But, colleagues, when we don’t act, President. Barack Obama has become and move forward with executive action we act. That is an act. It is a decision the President Richard Nixon always soon.’ as sure as if we had passed a law. A de- wished he could be. It makes the hair stand up on the cision not to act is a decision. The Those are the words of a liberal back of my neck as a former Federal President of the United States can’t Democratic constitutional law pro- prosecutor in Federal court for almost simply go around and say: I can do fessor who voted for Barack Obama. 15 years to have the President say this. anything I want because Congress But my friend the junior Senator The article went on to say: won’t act. How ridiculous is that? A from Alabama is learned and experi- In the room, there was something of a col- National Journal article calls this pol- enced in the ways of the Senate. He has lective, electric gasp. The assembled immi- icy explosive, and I believe that is a di- seen lions of the Senate walk this gration-rights groups had been leaning hard rect action. floor. It is unprecedented to have a on Obama for months to use executive action One more question. Senator CRUZ, I President so brazenly defy the rule of to sidestep Congress and privately mocked know, is a student of the Constitution, what they regarded as Pollyanna hopes that law, but I state what is equally unprec- House Republicans would budge . . . Obama and Professor Turley at George Wash- edented, to have the Senate lie down told the groups what they had been dying to ington University has testified numer- and meow like kitty cats. hear—that he was going to condemn House ous times before Congress. I think he Abuse of power by the President is Republicans for inaction and . . . provide considers himself a Democrat, a lib- not a new phenomenon. Presidents of legal status to millions of undocumented eral, but he is deeply concerned about both parties have abused their power. workers—all by himself. the future of our Republic because of That is a job, sadly, where that tend- Mr. CRUZ. Would the Senator yield the President’s overreach and exceed- ency has been significant. But in the for a question? ing the lawful powers given to the past, when Presidents have abused Mr. SESSIONS. I would be pleased. President. their power, Members of their own Mr. CRUZ. The junior Senator from Is some other President going to ex- party stood and called them to account Alabama has just described President pand it further and very soon Congress for it. When Richard Nixon abused his Obama’s stated intention to grant am- becomes nothing? I would ask if the power, Members of both parties right- nesty to an additional 5 to 6 million Senator shares this concern, because fully decried his abuse of power, so people here illegally in the months pre- he was very active in the attorney gen- much so that he was forced to resign. ceding this next election. As the junior eral’s office in Texas. Professor Turley I can state when George W. Bush was Senator from Alabama is certainly said: President, he signed a two-paragraph aware, there are a number of Senators The President’s pledge to effectively gov- order that purported to order the State up for reelection, including a number ern alone is alarming, and what is most courts to obey the World Court. I know of Democrats in bright red States alarming is his ability to fulfill that pledge. this because I was at the time serving where the constituents of those States, When a president can govern alone, he can as the solicitor general of Texas, and it whether in Louisiana or Arkansas or become a government unto himself, which is was our State courts that the Presi- North Carolina or many other States, precisely the danger the framers sought to avoid . . . dent’s order purported to bind. do not support amnesty for another 5 What we’re witnessing today is one of the George W. Bush is a good man. He is to 6 million people here illegally. greatest crises that members of this body The question I would ask my friend a former Governor of Texas, he is a Re- will face. . . . It has reached a constitutional publican, and he was a friend and is a from Alabama: Is he aware of any Dem- tipping point that threatens a fundamental ocrat in this Chamber, including those change in how our country is governed. friend. Yet I was proud that the State of Texas did not hesitate to stand up to Democrats running for reelection in Does that cause the Senator concern that abuse of power. I went before the conservative States where the citizens and does he have any thoughts about U.S. Supreme Court on behalf of the strongly oppose amnesty—is he aware that? State of Texas and argued that Presi- of any Democrat in this Chamber who Mr. CRUZ. Senator SESSIONS, it has had the courage to stand with him causes me great concern. One of the dent George W. Bush’s order was un- in standing up to President Obama and most troubling aspects of the Obama constitutional, that no President has saying: Do not grant amnesty ille- Presidency has been the persistent pat- the authority to give up U.S. sov- gally? Is he aware of any Democrat tern of lawlessness from this President. ereignty. I am pleased to say the U.S. who has joined the two of us in our leg- We have never seen a President who, if Supreme Court agreed and struck down islation to prohibit President Obama he disagrees with a particular law, so the President’s order by a vote of 6 to from illegally granting amnesty to 5 to frequently and so brazenly refuses to 3. 6 million people? enforce it, refuses to comply with it, What is unprecedented today is that Mr. SESSIONS. Well, I am not. One and asserts the power to unilaterally on the left side of the Chamber it is of the things I think the American peo- change it. both literally and figuratively empty. ple do need to understand is when Ma- The President famously said: I have a We had, not too long ago, the Presi- jority Leader REID, in conjunction with pen and I have a phone, and he seems dent abuse his power with recess ap- the President of the United States, to confuse his pen and his phone for the pointments. One of the important blocks even amendments up for a vote, constitutional process of lawmaking checks and balances the Constitution where does he get his power? He gets our country was built on. creates on Presidential authority is it his power from every Member of his Rule of law does not mean you have gives this body, the Senate, the power conference. a country with a whole lot of laws. of confirmation. President Obama ap- None of them are breaking in and Most countries have laws, and many parently didn’t like any checks and saying: This is not right. totalitarian countries have a whole lot balances on his power, so he made a se- Senator CRUZ’s bill would deal with of laws. Rule of law means no man is ries of recess appointments when the this future danger, that the President above the law. It means that everyone, Senate wasn’t in recess. It was brazen, might do this again. I think—and we everyone, everyone, and especially the it was naked. The President simply as- have looked at it hard, our Judiciary President, is bound by the law. serted: I say the Senate is in recess. staff—we both serve on that com- President Obama openly defies his Mind you, the Senate didn’t say we mittee—and have said this will actu- constitutional obligation under article were in recess, but the President ally work to ensure that we don’t have 2 of the Constitution to take care that claimed the power to declare us in re- another rogue action, unlawful, by the the laws will be faithfully executed. cess when we weren’t. President of the United States, directly I would note that Professor Turley, Do you want to know how extreme contrary to deciding the will of the as the junior Senator from Alabama that was? Do you want to know how American people and congressional ac- quoted, is a liberal Democrat who in brazen that was? Do you want to know tion. 2008 voted for President Obama. Pro- how extraordinary that was? The President is happy that Congress fessor Turley also testified before the Just a few weeks ago the Supreme doesn’t pass his law, and he says: They House that President Obama has be- Court unanimously struck it down as won’t act, so I will. come the embodiment of the imperial unconstitutional.

VerDate Mar 15 2010 03:51 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.086 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4891 It is important to underscore that. tort reform or let’s take tax law. I will ‘‘Statements on Introduced Bills and There is a lot of coverage in the news- give an example. Joint Resolutions.’’) paper that suggests we have liberal Imagine a subsequent Republican The PRESIDING OFFICER. The Sen- Justices, conservative Justices, and on President who stood up and stated ator from Rhode Island. any close issue it is going to be 5 to 4. quite sensibly the economy might do CLIMATE CHANGE This wasn’t 5 to 4, it wasn’t 6 to 3, it much better if we move to a flat tax, so Mr. WHITEHOUSE. Thank you, wasn’t 7 to 2, and it wasn’t even 8 to 1— I am therefore instructing the IRS: Do Madam President. This is my 75th 9 to 0. Every Democratic appointee on not collect any tax above 20 percent. ‘‘Time to Wake Up’’ speech, something the Court—both of President Obama’s Now one might say, well, that sounds of a minor benchmark, I suppose. I appointees on the Court. They looked extreme. That sounds radical. As a pol- come here urging my colleagues to at the substantive issue and they said: icy matter, that would be a terrific pol- wake up to the threat of climate This ain’t hard. The President doesn’t icy. change. I do this every week we are in get to say when the Senate is in recess, But could the President instruct the session, hoping someday a spark will the Senate gets to say when the Senate IRS not to enforce tax laws? Fifty-five hit tinder. But even as the evidence of is in recess. And if the Senate isn’t in Members of this body are already on climate change deepens, the dialogue recess, the President has to respect the record saying yes. Do you know why? in Washington remains one-sided. checks and balances of confirmation. Because when the President suspended Climate change was once a bipartisan So we have an easy, no-brainier the employer mandate for big business, concern. In recent years something layup of a constitutional law question the text for ObamaCare says the em- changed. I think I know what changed, about the President usurping the con- ployer mandate kicks in on January 1, and I will get to that. First, let’s remi- stitutional prerogatives of the Senate, 2014. The President said: I am sus- nisce about the bipartisanship. As we and how many Senate Democrats stood pending that provision of law. I am take a look back in this body, we have up to their party’s President? Not a granting my buddies in big business a Republican colleagues who once openly single one. Not the majority leader of waiver. That was a tax law. acknowledged the existence of carbon- the Senate, who we would think might The PRESIDING OFFICER. The Sen- driven climate change and who called have some interest in the credibility of ator from Alabama. for real legislative action to cut carbon this institution and, I am sorry to say, Mr. SESSIONS. I thank the Senator emissions. Imagine that. It wasn’t that not a lone Democratic Senator. It from Texas. long ago. wasn’t that long ago there were lions I think what he is saying is reflected We have a former Republican Presi- of the Senate on the Democratic side in what Professor Turley said. It is al- dential nominee amongst us who cam- who prided themselves on defending most like a plea to his colleague, paigned for the Presidency on address- this institution: Robert Byrd, who maybe his Democratic colleague, his ing climate change. We have Repub- stood for years defending this institu- friend. He said: ‘‘The President’s pledge licans here who have spoken favorably tion; Ted Kennedy. to effectively govern alone is alarming, about charging a fee on carbon, includ- I would say to my friend the junior and what is most alarming is his abil- ing an original Republican cosponsor of Senator from Alabama, what is truly ity to fulfill that pledge.’’ a bipartisan Senate carbon-fee bill. We unprecedented is that there are no Sen- In other words, his ability to get have a Republican colleague who co- ate Democrats who say: Enough is away with it; that Congress acquiesces sponsored carbon fee legislation in the enough. in it. Let me say this the President is House and another who voted for the I am hopeful at some point we will not going to get away with a unilateral Waxman-Markey cap-and-trade bill see a Senate Democrat listen to their amnesty. We are going to take this to when he was in the House. For years— constituents, listen to the Constitu- the American people, and at some for years—there was a steady, healthy tion, and listen to the rule of law. point this Congress will be held to ac- heartbeat of Republican support for I can assume the reason why Senate count if he does so. Remember, every major U.S. legislation to address car- Democrats don’t do it and why our Member is going to have to vote and be bon pollution. friends in the press often don’t report responsible for allowing a President to Let me be specific. In 2003, Senator on this. I can assume their reasoning run roughshod over the law of this JOHN MCCAIN was the lead cosponsor of goes something such as: Well, I basi- country, the people’s representatives, Democrat Joe Lieberman’s Climate cally agree with the policies of Presi- and, in effect, the people of the United Stewardship Act, which would have dent Obama. I like the policies. I agree States. created a market-based emissions cap- with what he is doing, and he is our His plan for amnesty, under the cir- and-trading program to reduce carbon guy. We kind of have to back our guy. cumstances he advocated them, has dioxide and other heat-trapping pollut- I am guessing that is a reason, but I been rejected. ants from the biggest U.S. sources. will note, as the Scriptures say: There Congress is always available to con- Here is what Senator MCCAIN said at came a pharaoh who knew not Joseph sider any issue and make any decision the time: and his children. it chooses, but it has, under the cir- While we cannot say with 100 percent con- President Barack Obama will not al- cumstances driven in this body, been fidence what will happen in the future, we do ways be President of the United States. rejected. know the emission of greenhouse gases is not There will be another President. And He has no power to go forward and healthy for the environment. As many of the even to my friends on the Democratic beyond that, and we are not going to top scientists through the world have stated, side of the aisle—I must say something allow it to happen. It is wrong. Wheth- the sooner we start to reduce these emis- shocking and terrifying to you—there er we agree or disagree about how am- sions the better off we will be in the future. will come another Republican Presi- nesty should be given, it is wrong for His Climate Stewardship Act actu- dent. the President to unilaterally execute ally got a vote. Imagine that. When it If the President has the authority to such a policy, as Professor Turley said did not prevail, Senator MCCAIN re- do what President Obama is claiming, and as the Senator from Texas has introduced the measure himself in the with ObamaCare—28 times—he simply said, the former solicitor general of the following Congress. Republican Sen- unilaterally changed the text of the State of Texas. He understands it is ators Olympia Snowe of Maine and Lin- law, said: It doesn’t matter what the law, and this matter is not over. We coln Chafee of Rhode Island, my prede- law says, I say it is something dif- will continue to advocate. cessor, were among that bill’s cospon- ferent. If the President has that power, I yield the floor. sors. Other Republicans got behind a Republican President has that power The PRESIDING OFFICER (Ms. other cap-and-trade proposals. Senator too. HEITKAMP). The Senator from Iowa. TOM CARPER’s Clean Air Planning Act So I would encourage all of my Mr. HARKIN. Mr. President, I thank at one time or another counted Sen- friends on the left who like these pol- the Chair. ator LAMAR ALEXANDER of Tennessee, icy issues—well, imagine some of the (The remarks of Mr. HARKIN per- Senator LINDSEY GRAHAM of South policy issues you don’t like, whether taining to the introduction of S. 2658 Carolina, and Senator SUSAN COLLINS on labor law or environmental law or are printed in today’s RECORD under of Maine among its supporters.

VerDate Mar 15 2010 03:51 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.088 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4892 CONGRESSIONAL RECORD — SENATE July 24, 2014 In 2007, Republican Senator Olympia ken before on the Senate floor about you behave—cast a dark shadow over Snowe was a lead cosponsor of then- the Supreme Court’s Citizens United Republicans who might work with Senator Kerry’s Global Warming Pollu- decision, one of the most disgraceful Democrats on curbing carbon pollution Reduction Act. Senators MUR- decisions by any Supreme Court, des- tion. Tens, perhaps even hundreds of KOWSKI and Stevens from Alaska and tined ultimately, I believe, to follow millions of dark-money dollars are Senator Specter of Pennsylvania, then cases such as Lochner v. New York being spent by polluters and their front a Republican, were original cosponsors onto the ash heap of judicial infamy, organizations, and God only knows of the Bingaman Low Carbon Economy but we are stuck with it for now. In a what private threats and promises have Act. That same year Senator ALEX- nutshell the Citizens United decision been made. ANDER introduced the Clean Air/Cli- says this: Corporations are people. The timing is telling. Before Citizens mate Change Act of 2007. Each of these Money is speech. So there can be no United, there was an active heartbeat bills sought to reduce carbon emissions limit to corporate money influencing of Republican activity on climate through a cap-and-trade mechanism. American elections. change. Since then, the evidence has Said Senator ALEXANDER: If that doesn’t seem right, it is be- only become stronger. But after Citi- It is also time to acknowledge that climate cause it is not. Phony and improper zens United uncorked all that big, dark change is real. Human activity is a big part fact-finding by the five conservative of the problem and it is up to us to act. money and allowed it to cast its bul- activists on the Supreme Court con- lying shadow of intimidation over our That bipartisan heartbeat remained cluded that corporate spending could democracy, Republicans—other than strong in 2009. Senator MARK KIRK of not ever corrupt elections—just those few who parrot the polluter party Illinois, while he served in the House of couldn’t do it. By some magic it is line that climate change is a big old Representatives, was one of eight Re- pure. That is a bad enough finding on hoax—have all walked back from any publicans to vote for the Waxman-Mar- its face, but they also didn’t get that major climate legislation. key cap-and-trade proposal. In that limitless, untraceable political money We have Senators here who represent same year, 2009, Senator JEFF FLAKE of doesn’t have to be spent to damage our historic native villages that are now Arizona, then representing Arizona in democracy. the House, was an original cosponsor of Unlimited corporate spending in poli- washing into the sea and needing relo- the Raise Wages, Cut Carbon Act to re- tics can corrupt not just through floods cation because of climate change and duce payroll taxes for employers and of anonymous attack advertisements, sea-level rise. We have Senators here employees in exchange for equal rev- it can corrupt secretly and more dan- who represent great American coastal enue from a carbon tax. On the House gerously through the mere threat of cities that are now overwashed by high floor then-Representative FLAKE ar- that spending through private threats tides because of climate change. We gued the virtues of this approach. He and promises. The Presiding Officer have Senators representing States said: was the attorney general of her State, swept by drought and wildfire. We have If we want to be honest about helping the and she well knows how much mischief Senators whose home State forests by environment, then just impose a carbon tax can be done in back rooms by threats the hundreds of square miles are being and make it revenue neutral. Give commen- and promises. That is what attorneys killed by the marauding pine beetle. surate tax relief on the other side. Myself general see when they go out and in- We have Senators whose home State and another Republican colleague have in- glaciers are disappearing before their troduced that legislation to do just that. vestigate. As we are evaluating the effect of very eyes. We have Senators whose Let’s have an honest debate about whether States are having to raise offshore or not we want to help the environment by Citizens United on our climate change actually having something that is revenue debate, let’s remember this: A lot of bridges and highways before rising neutral where you tax consumption as op- this special interest money has been seas. We have Senators whose emblem- posed to income. spent against Republicans. I have had atic home State species are dying off, It was a good idea then and it is still Republican friends tell me, ‘‘What are such as the New Hampshire moose, for a good idea now. Senator FLAKE’s you complaining about? They are instance, swarmed by ticks by the tens words were echoed that year in the spending more against us than against of thousands that snows no longer kill. Senate by Senator COLLINS, a lead co- you.’’ There have been times when that Yet none will work on a major climate sponsor of the Carbon Limits and En- has been true. bill. It is not safe to ever since Citizens ergy for America’s Renewal Act, Sen- When the Koch brothers’ polluter United allowed the bullying, polluting ator CANTWELL’s carbon fee bill. money can come in and bombard you in special interests to bombard our elec- ‘‘In the United States alone,’’ said a small primary election, that is pretty tions, and threaten and promise to Senator COLLINS, ‘‘emissions of the pri- scary. When the paid-for rightwing at- bombard our elections with their at- mary greenhouse gas carbon dioxide tack machine can be cranked up tack ads. have risen more than 20 percent since against you in your Republican pri- Despite all the dark money, despite 1990. Clearly climate change is a mary, that is pretty scary too. What the threats and intimidation, I still be- daunting environmental challenge,’’ the polluters can do with political lieve this can be a courageous time. We she said, ‘‘but we must develop solu- spending, they can threaten or promise simply need conscientious Republicans tions that do not impose a heavy bur- to do in ways that the public will never and Democrats to work together in den on our economy, particularly dur- see or know, but the candidate will good faith on a common platform of ing these difficult economic times.’’ know. The candidate will know for facts and common sense to protect the Madam President, 2009—think of it. sure. American people and the American There was once not too long ago a clear So I wrote a friend-of-the-court brief economy from the looming effects of and forceful acknowledgment from to the Supreme Court with Senator climate change in our atmosphere, on leading Republican voices of the real JOHN MCCAIN to highlight for the Jus- our lands, and in our oceans. We simply danger posed by climate change and of tices some of the failings and pitfalls of need to shed the shackles of corrupting Congress’s responsibility to act. their shameful Citizens United deci- influence and rise to our duty. What happened? Why did the steady sion. ‘‘The dominating influence of heartbeat of Republican climate action super PACs,’’ we wrote, ‘‘makes it all In courageous times, Americans have suddenly flatline? the easier for those seeking legislative done far more than that. It is not ask- I believe we lost the ability to ad- favors and results to discreetly threat- ing much to ask this generation to dress climate change in a bipartisan en such expenditures if Members of stand up to a pack of polluters just be- way because of the evils of the Su- Congress do not accede to their de- cause they have big checkbooks. In preme Court’s Citizens United decision. mands.’’ I think we were right. previous generations, Americans have Our present failure to address climate How does this bear on climate put their very lives, fortunes, and sa- change is a symptom of things gone change? All that bipartisan activity I cred honor at risk to serve the higher awry in our democracy due to Citizens talked about preceded Citizens United. interests of this great Republic. We United. That decision did not enhance After that, polluter attacks funded by know it can be done because it has speech in our democracy. It has al- Citizens United money and the threat been done. lowed bullying, wealthy special inter- of those polluter attacks—perhaps We do not have to be the generation ests to suppress real debate. I have spo- promises not to make those attacks if that failed at our duty. We are headed

VerDate Mar 15 2010 05:00 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.090 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4893 down a road to infamy now, but it spring, I would introduce legislation to trol if it is to evolve into a more rep- doesn’t have to be that way. We can renew the import sanctions on the resentative government. leave a legacy that will echo down the then-Burmese junta contained in the With the by-election in Burma sched- corridors of history so that those who Burmese Freedom and Democracy Act. uled for late this year and a parliamen- follow us will be proud of our efforts. In addition to pressuring the junta, the tary election scheduled for late 2015, But sitting here doing nothing, yield- annual renewal of the import sanctions reformers in the Burmese Government ing to the special interest bullies and provided a useful forum to focus public have an opportunity to regain their their Citizens United money, pre- attention on Burma. momentum. To my view, the time be- tending that the problem isn’t real, After much deliberation, last sum- tween now and the end of 2015 is piv- will not accomplish that. mer Members of Congress chose not to otal—pivotal—for Burma. The elec- As I have said before, 74 times, and as renew these sanctions for another year tions will help demonstrate whether I say tonight for the 75th time, it is as Burma had demonstrated progress the country will continue on the re- time for us to wake up. toward implementing governmental reformist path. I thank the Presiding Officer. form. That said, Burma’s path to re- With that in mind, the Burmese Gov- I yield the floor and note the absence form is far from complete. Much work ernment should understand that the of a quorum. remains to be done. As such, it is im- United States, and the Senate specifi- The PRESIDING OFFICER. The portant to continue focusing attention cally, will watch very closely at how clerk will call the roll. on the country in a regular fashion. Burmese authorities conduct the 2015 The assistant legislative clerk pro- That is what I wish to do today, to parliamentary elections as a critical ceeded to call the roll. highlight an important, immediate, in- marker of the sincerity and the sus- Mr. MCCONNELL. Madam President, tuitive step that the country can take tainability of democratic reform in I ask unanimous consent that the to reassure those who wish the country Burma. quorum call be rescinded. well, that it remains on the path to re- President U Thein Sein has made The PRESIDING OFFICER. Without form. public assurances that the upcoming objection, it is so ordered. In many ways the Burma of 2014 parliamentary election will be ‘‘free SUPPORTING ISRAEL scarcely resembles the nation that ex- and transparent.’’ However, his pledge Mr. MCCONNELL. Madam President, isted in 2003 when Congress first en- has already been challenged by several yesterday Secretary of Defense Chuck acted the BFDA against the Burmese campaign restrictions. Hagel wrote to the majority leader junta. Beginning about 3 years ago, One of those restrictions is a simple seeking $225 million in additional U.S. Burma began to make significant one. It involves who can be chosen for funding for the production of Iron strides forward in several key areas. the most important civilian office in Dome components in Israel so they can Under President U Thein Sein, the Burma: The Presidency. maintain adequate stockpiles and de- Burmese Government began to insti- Burma has several requirements gov- fend their population. Republicans are tute reforms that surprised virtually erning who can hold this highest office. united in support of our ally Israel. We all of the onlookers. In the following Some of them make sense. For in- have legislation that would allow Con- years, the government granted numer- stance, like the United States, Burma gress to meet the Secretary’s request, ous amnesties and political pardons to has a minimum age requirement for its and we hope our friends on the other political prisoners and has released highest office. Its President must be at side will join us in coming to a sen- more than 1,100 political prisoners to least 45 years old. I suppose that helps sible, bipartisan solution that can be date. assure that only someone with a fair passed quickly. As a result of the new government’s amount of life experience can be Presi- As most Senators know, the Iron actions, Daw Aung San Suu Kyi, the dent. Dome missile defense system has Nobel Peace Prize laureate, was re- In addition, the Burmese constitu- played a critical role in defending leased from house arrest after spending tion stipulates that the President must Israel’s population from rocket attacks 15—15—of the previous 21 years in de- be a citizen who is ‘‘well acquainted’’ launched by Hamas from within the tention. Since her release from House with the country’s ‘‘political, adminis- Gaza Strip. arrest, Daw Suu has been permitted to trative, economic, and military’’ af- While our friends in Egypt are work- travel abroad. Moreover, a by-election fairs, and is ‘‘loyal to the union and its ing to bring Hamas to a cease-fire and was held in April 2012 and she was citizens.’’ This requirement helps en- end this mirage of rocket attacks—at- elected as a member of Parliament sure that a president is knowledgeable tacks that indiscriminately target the along with a number of her National about public affairs and has a vested civilian population of Israel—the Iron League for Democracy colleagues. In interest in serving in Burma’s execu- Dome system will remain critical to fact, when she did travel abroad back tive office. Israel’s security until a true cease-fire in 2012, at my invitation she came to However, Burma’s constitution also is achieved. It will remain vital after- Louisville, KY. It was an incredible ex- includes a deeply disconcerting limita- wards as well, because this defensive perience to have her in our State and tion on Presidential eligibility. Section system helps blunt the impact of one of in our country. 59 stipulates that the Burmese Presi- Hamas’s preferred tools of terror. In light of these democratic re- dent may not be a foreign national and By passing a bipartisan measure to forms—many of which I witnessed may not have any immediate family meet the Secretary’s request, we can firsthand when I visited the country in members who are foreign nationals. send a message to Hamas that its ter- January of 2012—I believe that to no This limitation on the home nation rorist tactics and its attempts to ter- small degree Burma has been a remark- of a candidate’s immediate family has rorize Israel’s populace will not suc- able story among many dark develop- no bearing on an individual’s fitness ceed. And we can help Israel defend its ments in the world today. for office. This restriction prevents civilian population against indiscrimi- However, even though the country many, including Daw Suu herself, from nate attacks as it continues its cam- has made incredible progress in a rel- even being considered for Burma’s paign—Operation Protective Edge—to atively short period of time, to many highest office. Daw Suu, for example, destroy the often Iranian-supplied Burma of late appears stalled amidst a would not be permitted to run because weapons stockpiled within Gaza, as score of pressing challenges. These inher deceased husband was, and her two well as to eliminate the tunnels that clude continued conflict between the sons are, British nationals. To think allow terrorists to infiltrate into Israel government and ethnic minorities, gov- that the nationalities of family mem- and smuggle arms into Gaza. ernmental restrictions on civil lib- bers have relevance for fitness to hold BURMA erties, and ongoing humanitarian office or allegiance to Burma is dubi- Now, on a different matter in a dif- issues in Rakhine State. All are serious ous at best. ferent part of the world. For more than concerns that command close atten- Not only is Daw Suu discriminated two decades I have been coming to the tion. And related to all of these issues against but so are the Burmese who Senate floor to discuss the latest is the need for Burma to continue to fled or were exiled from the country events in Burma. Typically, in the bring the military under civilian con- during the junta’s rule. Many of them

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.092 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4894 CONGRESSIONAL RECORD — SENATE July 24, 2014 were out of Burma for years—not by on the constitutional eligibility issue TRIBUTE TO JEREMY HOLBROOK choice, I would add—and during this and the closely related issue of the le- Mr. MCCONNELL. Madam President, time many became naturalized citizens gitimacy of the 2015 elections. I rise today to pay tribute to Jeremy in another country out of necessity. As the 2015 elections approach, I urge Holbrook a Marine from my home These men and women are also ineli- the country’s leadership—its President, State, the Commonwealth of Ken- gible to be President. Parliament and military—to remain tucky. Deciding who will be the next Bur- resolute in confronting the consider- Jeremy hails from Magoffin County, mese President is obviously up to the able obstacles to a more representative and graduated from Magoffin County people of Burma through their elected government that Burma faces. That is High School in 2004. The attacks of representatives and not up to the inter- the only way the existing sanctions are September 11, 2001, had a profound im- national community. But, at a min- going to get removed—the only way. pact on Jeremy, and inspired him to imum, I believe that otherwise quali- I wanted to highlight the eligibility enlist in the Marine Corps after grad- fied candidates should be permitted to issue as an example of an important uating at the age of 18. stand for office. step Burma could take to continue its After completing basic training, More important than the provision’s reformist momentum. Such a step is of combat training, and tank school, Jer- unfairness for certain Presidential can- course necessary but not sufficient. As emy was deployed to Ramadi as a part didates is that this provision restricts I noted, undergirding many of Burma’s of Operation Iraqi Freedom. Despite the ability of the people of Burma, problems is the need to enhance civil- being wounded on this first tour, for through their representatives, to have ian control over the military. This con- which he received the Purple Heart, he a choice in who can hold their highest cern manifests itself in many ways, in- remained determined to serve his coun- office. This is profoundly undemo- cluding the need to clarify that the try. Jeremy returned to Iraq for a sec- cratic, and it is profoundly undemo- commander in chief serves under the ond tour, this time in Fallujah and, as cratic at a time when Burma’s commit- President and the importance of rein his previous tour, participated in ment to democracy is actually open to moving the military’s de facto veto au- counter-insurgency missions. question. thority over constitutional amend- Both Jeremy’s uncle and grandfather It is notable that one apparent road- ments. served in the U.S. Army, and for Jer- block to amending the Presidential eli- One tool the United States could use emy it just made sense to continue gibility requirement is the fact that to help reform Burma’s armed forces is that legacy of service. As he puts it— the military holds de facto veto power through military-to-military contacts. ‘‘pretty much whenever I saw our Na- over constitutional amendments. I believe that exposure to the most pro- tion needed people to defend our Na- Under the constitution, the military fessional military in the world—our tion, I felt I needed to take the call, controls a block of 25 percent of the own—will help Burma develop a force and that’s what I did.’’ parliamentary seats and in excess of a that is responsive to civilian control Jeremy’s honorable service to this 75-percent vote is required for a con- and to professional standards. Security country is deserving of the praise of stitutional amendment to go forward. assistance and professional military this body. Therefore, I ask that my The military controls 25 percent of the education are not simply rewards to Senate colleagues join me in honoring Parliament; they need over 75 percent partnering countries, as some view Jeremy Holbrook. of the Parliament to change the con- such programs. They are tools with The Salyersville Independent re- stitution. It becomes clear what this is which we advance our foreign policy cently published an article detailing about. objectives. Helping the Burmese mili- Holbrook’s two tours in Iraq. I ask I understand the Burmese parliamentary to reform is in our interest but it unanimous consent that the full article tary committee is in the process of fi- cannot be done through mere exhor- be printed in the RECORD. nalizing plans for the implementation tation; it needs to be done through There being no objection, the article of constitutional reform, but I am con- training and regular contact with the was ordered to be printed in the cerned that eligibility changes will ap- highest professional military stand- RECORD as follows: parently not—not—include amending ards. Only then, I believe, will the Bur- [From the Salyersville Independent, July 3, the narrow restrictions of the constitu- mese military see that being under ci- 2014] tion that limit who can run for Presi- vilian control is not—not—inimical to HOLBROOK INSPIRED BY 9/11 TO JOIN MARINES dent. To me, it will be a missed oppor- its interests. (By Heather Oney) tunity if this provision is not revisited This realization by the Burmese mili- The attacks of 9/11 inspired Jeremy Hol- before the 2015 parliamentary elec- tary, coupled with a successful 2015 brook to join the Marines, which took him tions. election that is open to all otherwise on two tours of Iraq. Modifying this provision is one way qualified Presidential aspirants, will At 18 years old in 2004, Holbrook enlisted the Burmese Government can display greatly enhance the cause for reform with the Marines, making his family sad, but to the world, in an immediate and and peaceful reconciliation in Burma. proud, he said. Since his grandfather and clearly recognizable way, that it re- uncle had both been in the Army, he said it Madam President, I suggest the ab- just seemed like the right thing to do. mains fully committed to reform. Per- sence of a quorum. mitting a broad array of candidates to ‘‘Pretty much, whenever I saw our nation The PRESIDING OFFICER. The needed people to defend our nation, I felt I run for President is an unmistakable clerk will call the roll. needed to take the call and that’s what I symbol to the world—even to those The assistant legislative clerk pro- did,’’ Holbrook said. who do not follow Burma closely—that ceeded to call the roll. The Magoffin County High School grad Burmese reformers actually mean busi- Mr. REID. Madam President, I ask went to boot camp at the Marine Corps Re- cruit Depot Parris Island in South Carolina ness; otherwise, such a restriction will unanimous consent that the order for quite simply cast a pall over the legit- in July 2004, graduating from there in Octo- the quorum call be rescinded. ber 2004. He had his combat training at Camp imacy of the election in the eyes of the The PRESIDING OFFICER (Mrs. international community and certainly Lejeune, North Carolina, then tank school in SHAHEEN). Without objection, it is so Fort Knox, Kentucky, assigned to the M1A1 to Members of the U.S. Senate. ordered. Abrams Tank Crew. He trained for Operation While Congress did not renew the Iraqi Freedom at Twentynine Palms, Cali- BFDA’s import ban last year and there f fornia. is little appetite to renew the measure Holbrook did two combat tours in Iraq, the this year, several U.S. sanctions to- MORNING BUSINESS first time in Ramadi, Iraq, running counter- ward Burma remain on the books. They Mr. REID. Madam President, I ask insurgency missions, and the second time to include restrictions on the importation unanimous consent that the Senate Fallujah, Iraq, where he continued counter- of jade and rubies into the United proceed to a period of morning busi- insurgency missions and route clearing. Based in an old Iraqi Army barracks, Hol- States and sanctions on individuals ness, with Senators permitted to speak brook said the living conditions were dingy who continue to hinder reform efforts. therein for up to 10 minutes each. and rundown, with no running water or toi- It is hard to see how those provisions The PRESIDING OFFICER. Without lets. With temperatures climbing upward of get lifted without there being progress objection, it is so ordered. 150 degrees during the day and 110 degrees at

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.094 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4895 night, he said they would actually get cold Lebanon, Tennessee. When he was 22 years and Technical College, ECTC, a com- at night. old and with the draft imminent, Mortimer prehensive community and technical In a normal day he said they would go into joined the U.S. Army Reserves in college that has been serving the cen- a city and look for insurgents. If found, they Sistersville, West Virginia, in 1958. tral Kentucky region since 1964. ECTC would try to eliminate them, all while trying In 1960 he was transferred to the Kentucky to protect and liberate the Iraqi people, Hol- National Guard and was called to active duty provides education and training to all brook said. during the Berlin Crisis in 1962. types of Kentuckians to prepare them ‘‘We slept when we could, ate when we Mortimer’s unit replaced another unit that to succeed in a constantly changing could, and there wasn’t much time for a had been deployed to Germany, taking their world. bath,’’ Holbrook remembers. place at Fort Stewart, Georgia, in charge of ECTC is a member of the Kentucky Even though he was wounded in his first repairing vehicles and armament, as well as Community and Technical College Sys- tour, receiving the Purple Heart, he still various National Guard functions, he said, tem. It provides accessible and afford- went back for the second tour, deployed for such as riots and natural disasters. able education and training through seven months each time. In addition to the While he was never sent overseas, he said academic and technical associate de- Purple Heart, he also received the National the year he spent in southern Georgia pre- grees; diploma and certificate pro- Defense Medal, Iraqi Freedom Medal, Com- paring to be deployed was his strongest bat Action Medal, Sea Service Deployment memory of his service. grams in occupational fields; pre-bac- Ribbon and Global War on Terrorism Medal. For a year Mortimer said they lived in calaureate education; adult, continuing Holbrook said the hardest thing he had to Quonset huts and were tasked with clearing and developmental education; cus- deal with when he returned to the States was out swamps with saws and rakes, cutting tomized training for business and in- coping with the loss of a friend, who was trees and brush along the way. dustry; and distance learning. killed during their first tour together. Also while he was at Fort Stewart, ECTC has its roots in the founding of Holbrook is married to Britani Holbrook, Mortimer said they had a tornado and all the the Elizabethtown Community College, and has three kids, Gavin, Austin and Bent- men got in their vehicles armored much like which first opened its doors in 1964 to ley. tanks, while he and two other sergeants laid 355 students from 11 counties. Mean- in the ditch. while, Elizabethtown Technical College f ‘‘It was maybe a mile away,’’ Mortimer was founded in 1965 through a bond TRIBUTE TO JIM MORTIMER laughed. ‘‘Just lots of wind.’’ With an extremely flat terrain, he said issue by the Elizabethtown Inde- Mr. MCCONNELL. Madam President, lightning was a problem there, with two of pendent School Board. ECTC was I rise today to pay tribute to Jim their soldiers hit. He remembers one was formed by the consolidation of the two Mortimer. Mortimer hails from near a radio and the lightning hit the an- schools in 2004, following historic legis- Magoffin County, KY, and served his tenna, knocking him out of his boots. lation in 1997 that established the Ken- country honorably over the course of During Desert Storm, Mortimer was sent tucky Community and Technical Col- his career with the Kentucky National to Frankfort, working as a liaison aiding the lege System. dependents of the men at war. For five decades, ECTC has enriched Guard. During his 30 years of service, he worked at After graduating from Castle Heights Fort Knox, Kentucky; Fort Campbell, Ken- the lives of citizens by providing access Military Academy in Tennessee, tucky-Tennessee border; Fort Jackson, to quality, affordable academic, tech- Mortimer enlisted in the U.S. Army South Carolina; Fort Hood, Texas; and Fort nical and community education pro- Reserves. Only 22 at the time, it would Sill, Oklahoma. Mortimer was involved in grams, and by partnering with commu- be 30 years before he retired from the rifle marksmanship on the Kentucky State nities to enhance the economic vitality military. Rifle Team, winning several awards. He had of the region. A comprehensive college In 1960, 2 years after enlisting, he was a scout troop sponsored by the National with regional reach, ECTC now offers Guard, as well. transferred to the Kentucky National certificates, diplomas and associate de- In North Little Rock, Arkansas, he at- grees through 34 academic and tech- Guard. His experiences in the Guard tended National Guard matches, where ran the gamut from clearing out Guards from all over sent teams to compete. nical programs on the Elizabethtown, swamps in southern Georgia to riot During active duty, Mortimer taught sec- Springfield, Leitchfield and Fort Knox control on the University of Kentucky ond lieutenants in Officer Candidate School campuses, and at extended campus campus during the Vietnam war to re- (OCS), as well as many other courses, such as sites throughout its 12-county service sponding to natural disasters. It is this marksmanship and all weapons. area. diverse range of service to our country In 1965 he was called to deal with Vietnam Enrollment has grown steadily from War riots on the University of Kentucky’s that epitomizes the National Guard 355 students in 1964 to 7,000 today, and campus, where students had burned down the thousands of alumni have distinguished motto—‘‘Always Ready, Always ROTC building. There.’’ themselves through service to their Mortimer obtained the rank of command professions and communities. Mortimer retired from the Guard in sergeant major in 1980, retiring from his em- During the 2014–2015 academic year, 1988 with the rank of command ser- ployment with the Kentucky National Guard the college will celebrate 50 years of geant major. In addition to his mili- and as a part-time soldier in 1988. educational excellence and service to tary service, he also took the time to While in the Guard, Mortimer went to Kentuckians. I want to be among the substitute teach in Lexington high school, receiving a degree in 1980. He began substitute teaching in Lexington high many who congratulate ECTC for 50 schools and obtain his masters from schools while still in the service. years of outstanding service in edu- Georgetown College. In 1973 he returned to Magoffin and started cation to the central Kentucky region. His service to this country is worthy substitute teaching in 1977 at the middle I want to commend the school for 50 of our praise here in the Senate—so, I school and high school, where he eventually years of educating Kentuckians, and retired from in 2000. In the meantime, he re- ask that my colleagues join me in pay- thank its president/CEO, Dr. Thelma J. ing tribute to Mr. Jim Mortimer. ceived his masters from Georgetown College in 1982. White, for her extraordinary leadership The Salyersville Independent re- of the institution. cently published an article detailing Mortimer is presently a member of the Salyersville Kiwanis and works part-time f Mortimer’s military career. I ask unan- with the Magoffin County Sheriff’s Office. He imous consent that the full article be has a daughter and two sons, as well as six REMEMBERING GERALDINE printed in the RECORD. grandchildren. His wife of 53 years, June, FERRARO There being no objection, the article passed away in 2011. In 2013, he married Gail Ms. MIKULSKI. Madam President, I was ordered to be printed in the King Mortimer and the two sons still live in wish to commemorate the 30th anni- RECORD as follows: Magoffin. versary of Geraldine Ferraro’s nomina- [From the Salyersville Independent, July 3, f tion as the Democratic candidate for 2014] Vice President of the United States. RECOGNIZING ELIZABETHTOWN MORTIMER RETIRES FROM THE GUARD On the night of July 19, 1984, Gerry COMMUNITY AND TECHNICAL gave her acceptance speech as the first (By Heather Oney) COLLEGE Geared up early for a career in the mili- woman to be nominated for U.S. Vice tary, Magoffin native Jim Mortimer left Mr. MCCONNELL. Madam President, President by a majority party. I was Magoffin when he was 14 years old and at- I rise to commemorate the 50th anni- there, experiencing the thrill, excite- tended Castle Heights Military Academy, in versary of Elizabethtown Community ment, and turbo energy as 10,000 people

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.097 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4896 CONGRESSIONAL RECORD — SENATE July 24, 2014 jammed the Mosconi Center. Male dele- step of the way. We want to give work- interns and for encouraging them to gates gave their tickets to female al- ing families peace of mind and give consider a future career in public serv- ternate delegates and their daughters. children quality care for a brighter fu- ice. Gerry’s walk on stage was electrifying. ture. Passing my bipartisan child care I ask unanimous consent that a list We gave her a 10-minute resounding and development block grant bill will of 2014 Stennis Congressional Interns ovation and wouldn’t sit down. That bring affordable, accessible childcare and the offices in which they work be night, a barrier was broken. That to working families. printed in the RECORD. night, they took down the ‘‘men only’’ Women need a social safety net they Brennen Bergdahl, attending the Univer- sign on the White House. For Gerry and can count on, at every age and in every sity of North Dakota, interning in the office all American women there was no turn- stage. That is why we are fighting so of Representative Kevin Cramer; ing back—only going forward. hard for seniors by saving Medicare Samantha Bisogno, attending the Univer- Some people only knew Gerry as a from becoming a coupon and a promise. sity of Minnesota Duluth, interning in the political phenomenon, but I first knew office of Representative Rick Nolan; We are ensuring Social Security re- Ariel Lee Bothen, attending the University her in Congress. She was a born fight- mains guaranteed, lifetime and infla- of Maine, interning in the office of Senator er—for New York and every little guy tion proof. We are also fighting for Angus King; and gal. She was an advocate for health care that is affordable and ac- Tyler Brown, attending The College of women, fighting for our status and giv- cessible, by passing the Affordable Care Saint Benedict and Saint John’s University, ing us a new stature. Long after the Act to end gender discrimination in interning in the office of Representative campaign was over, she continued to be health care. I was so proud when we Erik Paulsen; a source of inspiration and empower- passed my Mikulski preventive health Paul Bruins, attending the University of ment. Illinois, interning in the office of Represent- amendment, so simply being a woman ative Rodney Davis; When Gerry was chosen for the Vice is no longer a preexisting condition. We Molly Cain, attending Stanford University, Presidential nomination, she showed are taking a stand against the Supreme interning in the office of Senator Chris modern American women what we had Court decision that denies women con- Coons; become and what we could be. Women traception and family planning, while Simon Cardenas, attending the University felt that if Gerry could go for the valuing employer rights over employee of the Incarnate Word, interning in the office ´ White House, we could go for anything. rights. And we are fighting to ensure of Representative Ruben Hinojosa; Sarah Carnes, attending the University of For some of us women, that meant the safety and education of women and going to Congress to make a difference. Georgia, interning in the office of Represent- girls around the world—whether they ative Sanford Bishop; Today, I know Gerry would be so proud are in Nigeria, Central America, or Af- MaryBeth Cox, attending Mississippi State of all we have accomplished. Back ghanistan. University, interning in the office of Senator when we met in the House, we were the When Gerry took the stage at the Thad Cochran; early birds. We weren’t afraid to ruffle 1984 Democratic Convention, she for- Will Giles, attending Duke University, in- some feathers, but we were in the mi- ever altered the course of history. For terning in the office of Representative Ralph nority. In 1979, there were 16 women in the rest of her life, she remained dedi- Hall; the House: 11 Democrats and 5 Repub- Sophia Herzlinger, attending Tufts Univer- cated to empowering thousands of sity, interning in the office of Representa- licans, and 2 women of color. Today, women in the United States and tive Alan Lowenthal; there are 79 women in the House: 60 around the world. Today, we honor her Ben Hutterer, attending The College of Democrats, 19 Republicans, and 30 lasting legacy and her impact on gen- Saint Benedict and Saint John’s University, women of color. As the Dean of the erations of women with a dream—and a interning in the office of Senator Al Senate Women, I am proud we are 20 desire to make a difference. Franken; Natasha Jensen, attending Northern Illi- women strong in the Senate: 16 Demo- f crats and 4 Republicans. Together, we nois University, interning in the office of Representative Robin Kelly; are changing the tide and changing the STENNIS CENTER PROGRAM FOR CONGRESSIONAL INTERNS Kaitlyn Kline, attending South Dakota tone. State University, interning in the office of We have had some amazing victories Mr. COCHRAN. Madam President, Representative Kevin Cramer; along the way. We increased breast 2014 is the 12th year in which summer Namrata Kolla, attending the Georgia In- cancer research funding at NIH by 750 interns working in congressional of- stitute of Technology, interning in the office percent to $657 million in fiscal year 13. fices have benefited from a program of Representative Sanford Bishop; We increased childcare funding by 75 run by the John C. Stennis Center for Adam Lewis, attending Willamette Univer- percent—$2.2 billion in fiscal year 14. Public Service Leadership. This 6-week sity, interning in the office of Representa- tive Peter DeFazio; We made sure good science included program is designed to enhance their Emily Madden, attending the University of women by founding the NIH Office of internship experience by providing an Dallas, interning in the office of Senator Research on Women’s Health. The re- inside look at how Congress works and Mike Enzi; search from that office has changed a deeper appreciation for the role that James Moody, attending Louisiana State medical practices, reduced breast can- Congress plays in our democracy. Each University, interning in the office of Senator cer by 15 percent, and saved lives a mil- week, the interns meet with senior Thad Cochran; lion at a time. This year, we celebrated congressional staff and other experts to Mackenzie Muirhead, attending the Uni- versity of Wyoming, interning in the office the fifth anniversary of the Lilly discuss issues such as the legislative of Senator Mike Enzi; Ledbetter Act, which kept the court- process, power of the purse, separation Harnek Neelam, attending the University house doors open for women to sue for of powers, the media and lobbying, for- of Michigan, interning in the office of Rep- discrimination. Last October, women eign affairs, and more. resentative John Conyers, Jr.; on both sides of the aisle created the Interns are selected for this program Meghan Oakes, attending Virginia Tech climate for compromise that was cru- based on their college record, commu- University, interning on the House Com- cial to ending the disastrous govern- nity service experience, and interest in mittee on Ways and Means; ment shutdown. a career in public service. This year, 27 Caleb Orr, attending Abilene Christian We have had some amazing victories, University, interning in the office of Rep- outstanding interns have taken part in resentative Ralph Hall; but we still have more to do. The Sen- the program. Most of the participants Meg Richardson, attending Smith College, ate women are fighting for women are juniors and seniors in college who interning in the office of Senator Angus across America. We know women need are working in Republican and Demo- King; a raise to raise their families. That is cratic offices in the House or Senate, Sapna Sharma, attending Carnegie Mellon why we are fighting for equal pay for including two interns in my office, University, interning in the office of Senator equal work and to pass the Paycheck MaryBeth Cox and James Moody. Debbie Stabenow; Fairness Act. We are fighting for a bet- I congratulate the interns for their Rachel Shields, attending Wake Forest University School of Law, interning in the ter minimum wage because we know participation in this valuable program office of the Speaker of the House; that a full-time job shouldn’t mean and I thank the Stennis Center and the Julia Winfield, attending the University of full-time poverty. We are fighting for Senior Stennis Fellows for providing Michigan, interning in the office of Senator education that helps our kids every such a meaningful experience for these Debbie Stabenow; and

VerDate Mar 15 2010 05:00 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.029 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4897 Shannel Wise, attending Howard Univer- OK, where he was a star athlete earn- 2008. He was assigned to 2nd Combat sity, interning in the office of Representa- ing all-district honors in football. Engineer Battalion, 2nd Marine Divi- tive John Conyers, Jr. ‘‘Tony was a leader. I truly believe he sion, II Marine Expeditionary Force, f was a natural born leader,’’ said Camp Lejeune, NC, as a combat engi- HONORING OUR ARMED FORCES Henryetta football coach Kenny Speer. neer. He was known for his toughness. In Funeral services were held on August SPECIALIST DENNIS J. PRATT high school one day, Coach Speer made 8, 2009, and he was laid to rest in Mr. INHOFE. Madam President, I him run lap after lap. All Tony had to Cashion Cemetery, Cashion, OK. wish to pay tribute to a true American do was say ‘‘yes sir’’ for the punish- While many tears were shed, there hero, Army SPC Dennis J. Pratt, who ment to end. ‘‘I said, Tony, you say the was a brief moment of laughter when died on July 20, 2009, serving our Na- two magic words to make you stop run- Jonathan’s final request was played, tion in Maydan Shahr, Afghanistan. ning. So he looks at me and goes, ‘Si ‘‘Another One Bites the Dust’’ by Specialist Pratt, SPC Anthony M. Senor,’ ’’ said Coach Kenny Speer. Queen. The song is to let everybody Lightfoot, SPC Andrew J. Roughton, Tony joined the Navy on September know that he’s still with us and he’s and SGT Gregory Owens, Jr., died of 28, 2005, and graduated from boot camp still trying to make us happy even wounds sustained when an improvised at Recruit Training Command, Great after he’s gone,’’ a friend of his said. explosive device detonated near their Lakes, IL, in December 2005. Other Jonathan is survived by his wife vehicle followed by an attack from military assignments include Joint Lacie E. Stroud of Jacksonville, NC, enemy forces using small arms and Forces Staff College in Norfolk, VA; mother Mavis Stroud and Thomas rocket-propelled grenades. Naval Dive and Salvage Training Cen- ‘‘Smokey’’ Longan of Cashion, OK, sis- Dennis was born January 7, 1975, in ter in Panama City, FL; Naval Explo- ter Marissa L. Stroud of Oklahoma Waterbury, CT. After graduating high sive Ordnance Device School at Eglin City, OK, father Bill R. Stroud of Bed- school in Southington, CT, he moved to Air Force Base, FL; and Explosive Ord- ford, TX, grandparents Virginia Arizona, Oklahoma, and then Texas, nance Device Training and Evaluation Crawford Light and Jim Light of where he joined the military. He mar- Unit 1 in San Diego, CA. Weatherford, TX, grandparents Bo and ried Michelle Bryant on May 9, 2008 in He reported to Explosive Ordnance Helen Stroud of Hobbs, NM, and nu- Lawton, OK. Disposal Mobile Unit Eight, Sigonella, merous aunts, uncles, cousins, and After completing basic training at Sicily, in March 2008 and deployed to friends. Fort Sill, OK, Dennis was assigned to Afghanistan in March 2009. I extend our deepest gratitude and 4th Battalion, 25th Field Artillery ‘‘Petty Officer Randolph brought an condolences to Jonathan’s family and (Strike), 3rd Brigade Combat Team, incredible sense of youthful spirit, pro- friends. He lived a life of love for his 10th Mountain Division (Light Infan- fessionalism and dedication to this family and country. He will be remem- try), Fort Drum, NY. A third-genera- unit,’’ said CDR Todd Siddall, com- bered for his commitment to and belief tion soldier and a 34-year-old father of manding officer of EODMU 8. ‘‘He will in the greatness of our Nation. I am three, Dennis was called ‘‘the old man’’ forever be remembered by his fellow honored to pay tribute to this true among comrades in his unit. Sailors as an example of true service to American hero who volunteered to go On January 6, 2009, he was deployed country and selfless sacrifice.’’ into the fight and made the ultimate to Afghanistan as a field artillery auto- Funeral services were held July 15, sacrifice for our protection and free- mated tactical data systems specialist 2009, at First Baptist Church in dom. and reenlisted while there. ‘‘Dennis Henryetta, OK, and he was laid to rest f wasn’t supposed to be at that place at in Hillcrest Cemetery, Weleetka, OK. ‘‘He loved his friends. He loved his LEGAL SERVICE CORPORATION’S that time, but he always told us that 40TH ANNIVERSARY the Army and serving his country was family. He loved his country. That was Mr. HARKIN. Madam President, Fri- where he wanted to be. He had found Tony,’’ said his mother, Peggy Ran- day, July 25, marks the 40th anniver- his niche in life in the military,’’ said dolph. Tony is survived by his parents, Fred sary of the Legal Services Corporation, his mother. and Peggy Sue Randolph, his brothers, LSC. In 1974, Congress—with bipartisan Funeral services were held July 31, Shawn and Richard, and his sisters, support, including that of President 2009, at the Fort Sill chapel, and he was Susan and Kelly. Nixon—established LSC to be a major laid to rest in Fort Sill National Ceme- I extend our deepest gratitude and source of funding for civil legal aid in tery, Elgin, OK. condolences to Tony’s family and this country. LSC is a private, non- Dennis is survived by his wife friends. He lived a life of love for his profit corporation, funded by Congress, Michelle, three children, Collin family and country. He will be remem- with the mission to ensure equal access Kessler, Gabrielle Pratt, and Caden bered for his commitment to and belief to justice under law for all Americans Bryant, parents, Jim and Sinammon in the greatness of our Nation. I am by providing civil legal assistance to Pratt, mother and father-in-law, Fred honored to pay tribute to this true those who otherwise would be unable and Margaret Bryant, two brothers, American hero who volunteered to go to afford it. LSC distributes nearly 94 Jim Pratt and wife Staci and their into the fight and made the ultimate percent of its annual Federal appro- children Miranda, D.J. and Morgan and sacrifice for our protection and free- priations to 134 local legal aid pro- Kyle Hansan and wife Nicole and their dom. grams, with nearly 800 offices serving daughter CaLista, one stepsister, LANCE CORPORAL JONATHAN F. STROUD every congressional district and U.S. Leanna Pratt, and a host of other rel- Madam President, I also wish to re- territories. atives and friends. member Marine LCpl Jonathan F. LSC-funded legal aid programs make Today we remember Army SPC Den- Stroud, who died on July 31, 2009, of in- a crucial difference to millions of nis J. Pratt, a young man who loved juries sustained when his unit was at- Americans by assisting with the most his family and country and gave his tacked by insurgents with small arms basic civil legal needs, such as address- life as a sacrifice for freedom. fire while on foot patrol in Garmsir ing matters involving safety, subsist- PETTY OFFICER 2ND CLASS TONY M. RANDOLPH District, Afghanistan. ence, and family stability. These low- Madam President, I would also like Jonathan was born on October 10, income Americans are women seeking to remember the life and sacrifices of 1988, in North Richland Hills, TX. He protection from abuse, mothers trying PO2 Tony M. Randolph, who died on attended Cashion High School in to obtain child support, families facing July 6, 2009, of injuries sustained when Cashion, OK, where teachers remember unlawful evictions or foreclosures that insurgents utilized improvised explo- him as exceptionally intelligent. Fel- could leave them homeless, veterans sive devices to attack his convoy in low students remember him as the seeking benefits duly earned, seniors Zabul province, Afghanistan. class clown—goofy, gangly, dorky, the defending against consumer scams, and Tony was born on September 27, 1986, most honest, and one of the nicest guys individuals who have lost their jobs in Santa Rosa, CA. Growing up in you could ever meet. and need help in applying for unem- Oklahoma, he was a 2005 graduate of After graduating from high school in ployment compensation and other ben- Henryetta High School in Henryetta, 2007 he joined the Marines on April 14, efits.

VerDate Mar 15 2010 05:23 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.068 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4898 CONGRESSIONAL RECORD — SENATE July 24, 2014 It is LSC-funded attorneys who help guard their financial health, and secure that a legal aid attorney protects the parents obtain and keep custody of their veterans benefits. In my home safety, security, and health of our most their children, assist parents in enforc- State of Washington, LSC-backed pro- vulnerable citizens, they bring this Na- ing child support payments and help grams have been helping survivors of tion closer to living up to its commit- women who are victims of domestic vi- the Oso mudslide get back up on their ment to equal justice for all. olence. In fact, three out of four legal feet and rebuild their lives. Mr. KING. Madam President, Friday, aid clients are women, and legal aid LSC-funded services are especially July 25, marks the 40th anniversary of programs identify domestic violence as important for women across the coun- the Legal Services Corporation (LSC). one of their top priorities. try. Over 70 percent of legal aid clients In 1974, Congress—with bipartisan sup- I know firsthand the important work are women and one-third of LSC-eligi- port, including that of President of the Legal Services Corporation. Be- ble cases involve family law issues such Nixon—established LSC to be a major fore I was elected to Congress, I worked as domestic abuse, child support, and source of funding for civil legal aid in as a legal aid attorney in Polk County, child custody. this country. LSC is a private, non- IA. I experienced the challenges—and Today, the need for LSC-supported profit corporation, funded by Congress, also the rewards—of representing peo- programs and attorneys has never been with the mission to ensure equal access ple who otherwise would not have the greater. According to the Census Bu- to justice under law for all Americans legal assistance they deserve. And I de- reau, nearly one in five Americans by providing civil legal assistance to veloped a deep appreciation for the role qualifies for LSC-funded services. Yet those who otherwise would be unable that legal aid attorneys play within recent studies show that due to finan- to afford it. LSC distributes nearly 94 our system of justice. cial constraints legal aid offices are percent of its annual Federal appro- Investing in civil legal aid helps enforced to turn away more than half of priations to 134 local legal aid pro- sure that we have equal justice under the eligible individuals coming to them grams, with nearly 800 offices serving the law. That is a fundamental Amer- for help. As we mark this anniversary, every congressional district and U.S. ican value, and it is reflected both in I applaud the efforts of LSC, the pro- territories. the first line of our Constitution and in grams and services funded by the cor- LSC-funded legal aid programs make the closing words of our Pledge of Alle- poration, and ask that we commit our- a crucial difference to millions of giance. As former Justice Lewis Powell selves to ensuring that Americans of Americans by assisting with the most said: ‘‘Equal justice under law is not all backgrounds have access to ade- basic civil legal needs, such as address- merely a caption on the facade of the quate legal services. LSC is essential ing matters involving safety, subsist- Supreme Court building. It is perhaps to protecting the lives and liberty of ence, and family stability. These low- the most inspiring ideal of our society the most vulnerable Americans. We are income Americans are women seeking . . . it is fundamental that justice a better nation for its 40 years of serv- protection from abuse, mothers trying should be the same, in substance and ice and advocacy on their behalf. to obtain child support, families facing availability, without regard to eco- Ms. LANDRIEU. Madam President, unlawful evictions or foreclosures that nomic status.’’ July 25, 2014, marks the 40th anniver- could leave them homeless, veterans Given the vital role played by LSC- sary of the Legal Services Corporation seeking benefits duly earned, seniors funded attorneys, it is disturbing to (LSC). With bipartisan support, includ- defending against consumer scams, and note that more than 50 percent of eligi- ing that of President Nixon, LSC was individuals who have lost their jobs ble clients who seek assistance con- established in 1974 as a private, non- and need help in applying for unem- tinue to be turned away because of profit corporation, funded by Congress, ployment compensation and other ben- lack of LSC program resources. With with the mission to ensure equal access efits. the growing number of Americans eli- to justice under law for all Americans It is LSC-funded attorneys who help gible for services and increased demand by providing civil legal assistance to parents obtain and keep custody of for legal services, the need for legal aid those who otherwise would be unable their children, assist parents in enforc- attorneys has never been greater. On to afford it. LSC distributes nearly 94 ing child support payments and help this anniversary, I salute the Legal percent of its annual Federal appro- women who are victims of domestic vi- Services Corporation and LSC-funded priations to 134 local legal aid pro- olence. In fact, three out of four legal attorneys for the vital work they do grams and has nearly 800 offices that aid clients are women, and legal aid every day on behalf of Americans who serve each of the 435 congressional dis- programs identify domestic violence as need qualified counsel. Every day that tricts and the U.S. territories. one of their top priorities. LSC-funded a legal aid attorney protects the safe- LSC-funded legal aid programs make attorneys provide critical legal serv- ty, security and health of our most vul- a crucial difference to millions of ices that would otherwise be unavail- nerable citizens, they bring this Nation Americans by assisting with the most able. closer to living up to its commitment basic civil legal needs, such as helping In fact, I began my career as one of to equal justice for all. women get protection from abuse, these attorneys. Beginning in 1969, I Mrs. MURRAY. Madam President, I mothers to obtain child support, fami- worked in Skowhegan, ME for a legal wish to recognize the 40th anniversary lies from unlawful evictions or fore- services provider called Pine Tree of the Legal Services Corporation, closures that could leave them home- Legal Assistance. Although my time LSC, which falls on Friday, July 25. less, veterans seeking benefits duly predated LSC, today Pine Tree is fund- Established with bipartisan support earned, defending seniors against con- ed by LSC and continues to provide in 1974, LSC is a private, nonprofit cor- sumer scams, and individuals who have high-quality legal services to those in poration funded by Congress that aims lost their jobs and need help in apply- most need. I learned firsthand during to provide access to civil legal assisting for unemployment compensation this period that the work of LSC attor- ance to Americans who would other- and other benefits. In my home State, neys is a critical element of making wise be unable to afford it. LSC is a more than 25 percent of the population real the promise of our country to our major source of funding for civil legal is eligible for LSC-funded legal serv- disadvantaged and disenfranchised citi- aid in this country and distributes over ices. The three programs funded by zens. 90 percent of its annual Federal appro- LSC served nearly 40,000 Louisianians Given the vital role played by LSC- priation to over 130 local legal aid pro- and closed nearly 16,000 cases last year. funded attorneys, we need to do better grams and close to 800 offices across On this 40th anniversary, I congratu- than turn away more than 50 percent of every congressional district and terri- late and commend the Legal Services eligible clients who seek assistance be- tory. Corporation for the vital work they do cause of lack of LSC program re- Millions of Americans rely upon every day on behalf of Americans who sources. With the growing number of LSC-funded programs each year for need qualified counsel. With the grow- Americans eligible for services and in- help with their most basic civil legal ing number of Americans eligible for creased demand for legal services, the needs. Every day, LSC-funded pro- services and increased demand for legal need for legal aid attorneys has never grams help low-income individuals and services, the need for legal aid attor- been greater. On this anniversary, I sa- families fight illegal evictions, safe- neys has never been greater. Every day lute the Legal Services Corporation

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.098 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4899 and LSC-funded attorneys for the vital Evans, Jr., Herman Friesenhahn, Henry nity, serving as members of numerous work they do every day on behalf of Geisert, Paul Gill, Lloyd Gould, George charitable organizations and civic Americans who need qualified counsel. Hare, Eugene Hemmerle, William boards when they aren’t managing Every day that a legal aid attorney Hock, Milton Hunholz, Willis Janssen, their agency, which has 52 employees protects the safety, security, and William King, Dean Kingcade, Wallace in five office locations in New Hamp- health of our most vulnerable citizens, Kirchhoff, Lawrence Kopecky, Richard shire and Vermont. they bring this Nation closer to living Kounovsky, John Kreman, Kenneth I am pleased to join Tom’s colleagues up to its commitment—chiseled in Lamp, Robert Larsen, Dennis Larson, from across New Hampshire and the stone above the entrance to the Su- Lawrence Lawler, James Lee, William Nation in congratulating him as he fin- preme Court building here in Wash- Leppert, Murdo MacLennan, Philip ishes his term as chairman.∑ ington, DC—‘‘Equal Justice Under Mahoney, Charles Markesbery, Gene f Law.’’ Mitchell, Robert Nagel, Dale Nelson, CONGRATULATING REBECCA f George Niedermayr, Willard Nordick, ESPINOZA Richard Ochsner, Gerald Pearson, Don- WORLD WAR II VETERANS VISIT ∑ ald Piermattei, Reid Pope, Paul Mr. HELLER. Madam President, I Mr. UDALL of Colorado. Madam Shapard, Howard Smallwood, Richard wish to congratulate one of Nevada’s President, I wish to pay tribute to the Spaulding, Donald Sterling, Harold brightest students—Rebecca Espinoza outstanding military service of a group Sulzbach, Robert Swanstrom, Betty —for being chosen to participate in the United Health Foundation’s Diverse of incredible Coloradans. At critical Taylor, John Waddell, Donald Webb, Scholars Forum in Washington, DC. times in our Nation’s history, these Louie Wells, Russel White, Norman veterans each played a role in defend- The United Health Foundation Wikler, Egbert Womack, Jr., George named scholars from 28 States ing the world from tyranny, truly earn- Woodman, and James Yenter. ing their reputation as guardians of throughout the Nation this year, and I Veterans from the Vietnam war in- am proud that Rebecca Espinoza, who peace and democracy through their clude: Jon Ackerman, Isidro Arroyo, service and sacrifice. Now, thanks to attends the University of Nevada, Las Ronald Britton, Steven Drake, Vearlon Vegas, is among them. The Diverse Honor Flight, these combat veterans Forbes, James Freeland, Jimmie Gar- came to Washington, DC to visit the Scholars Initiative serves to improve cia, Kenneth Hedger, Kenneth our Nation’s health care system by in- national memorials built to honor Hollingshead, Kenneth Jacobsen, Mark those who served and those who fell. creasing the number of health care pro- Kauffman, Terry Keating, Robert fessionals from multicultural back- They’ve also come to share their expe- Klausner, William Miller, William Or- grounds. Rebecca’s academic achieve- riences with later generations and to tega, Marvin Pruitt, Robert Taylor, ments thus far and her continued com- pay tribute to those who gave their and Gene Thim. mitment to serving her community lives. I am proud to welcome them Our Nation asked a great deal of have made her a qualified candidate for here, and I join with all Coloradans in these individuals—to leave their fami- the forum. thanking them for all they have done lies to fight in unknown lands and put In an effort to continue her dedica- for us. their lives on the line. Each one of tion and service to her community, Re- I also want to thank the volunteers these Coloradans bravely answered the becca is currently majoring in social from Honor Flight of Northern Colo- call. They served our country with work at UNLV and hopes to one day be- rado who made this trip possible. These courage, and in return, let us ensure come a clinical social worker operating volunteers are great Coloradans in they are shown the honor and apprecia- a non-profit to help disadvantaged their own right, and their mission to tion they deserve. Please join me in youth in the community. I commend bring our veterans to Washington, DC thanking these Colorado veterans and Rebecca for her mission and recognize is truly commendable. the volunteers of Honor Flight of that professional social workers pro- I wish to publicly recognize the vet- Northern Colorado for their tremen- vide valuable mental health therapy, erans who visited our Nation’s capital, dous service. caregiver and family counseling, many seeing for the first time the me- f health education, program coordina- morials built as a tribute to their self- ADDITIONAL STATEMENTS tion, and case management services. less service. Today, I honor these Colo- They also seek to ensure full participa- rado veterans on their visit to Wash- tion of all members of society by work- ington, DC, and I join them in paying ing with millions of individuals, their tribute to those who made the ultimate TRIBUTE TO THOMAS J. MINKLER ∑ families, and communities to combat a sacrifice in defense of liberty. Ms. AYOTTE. Madam President, I range of social problems so that we Veterans from World War II include: wish to recognize Thomas J. Minkler of may improve our Nation’s health and Norlin Akers, Joseph Arthur, Donald Keene, NH, as he nears the end of his potential. Rebecca has been presented Carlstrom, William Culp, Robert Da- term as the 109th chairman of the Inde- with the opportunity to pursue her ca- vidson, Victor Ebel, Reginold Edwards, pendent Insurance Agents & Brokers of reer as a health care professional, and Arthur Engler, John Eschbaugh, Daniel America, also known as the Big ‘‘I.’’ I am confident that great things will Flanagan, Anthony Gance, Robert Tom was installed as chairman of the come from her in all of her future en- Gittinger, Paul Glasgow, Gene Hansen, Big ‘‘I’’ in September 2013, and he has deavors. Dean Hecker, Henry Jesse, Benjamin been a strong and thoughtful leader for On behalf of the residents of the Sil- Jones, Robert King, Virgil Kiser, Fred independent insurance agents across ver State, I am proud to recognize Re- Knipschild, James McIver, Richard the country. becca for her accomplishments and Minges, Jack Moss, Ronald Reidy, Rob- Tom is president of the Clark- contributions to our State. She un- ert Ryan, Herbert Shelton, J Mortenson Agency, which is doubtedly represents Nevada’s best and Spaulding, William Spearman, Charles headquartered in Keene. Previously, he brightest. Today, I ask my colleagues Sutter, Howard Swartz, Arpad Szallar, served as chairman of the Independent to join me in congratulating this ex- Eugene Turnbull, William Worth, and Insurance Agents and Brokers of New ceptional young Nevadan.∑ George Zuniga. Hampshire, as New Hampshire director f Veterans from the Korean war in- on the Big ‘‘I’’ national board, and as clude: Dean Amdahl, Alfred Apodaca, president of the Massachusetts Asso- TRIBUTE TO DENNIS JAEGER Jennings Barr, Earl Bartlow, Elmer ciation of Insurance Agents. ∑ Mr. JOHNSON of South Dakota. Bartlow, James Beach, John Bergquist, As I recognize Tom, I would also like Madam President, today I wish to rec- Eugene Burmester, Larry Carpenter, to acknowledge his wife Heather ognize and honor the public service of Glenn Chapman, William Chrismer, Minkler. She serves as chief executive Mr. Dennis Jaeger as the deputy forest Harl Clark, Leonard Cooper, Sr., La- officer of the Clark-Mortenson Agency supervisor for the Black Hills National Verne Dietz, Alfred Duchene, Emanuel in Keene. Together, Tom and Heather Forest. He has been asked to serve as Eckas, Thelma Eckas, Donald Eckert, are a truly dynamic team. They always the new forest supervisor with the Jessie Ellis, Edwin Ellstrom, Samuel find time to give back to the commu- Medicine Bow-Routt National Forest

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That dream came true last neering from the United States Mili- to take this opportunity to pay tribute December, when he graduated from the tary Academy at West Point, NY, in to a great Utahn and patriot, Lance police academy, and it ended tragically 1982. He served 7 years Active Duty in Howard Turner. Lance passed from this early Sunday morning, when he was the U.S. Army and retired from the life on Monday last, and his family and ambushed and killed in the line of duty South Dakota Army National Guard in friends will dearly miss him. while responding to a call. He was only 2010 as a lieutenant colonel. There is a beautiful painting hanging 23 years old. Jaeger started his Forest Service ca- on the wall of the Rex E. Lee con- Officer Santiago is described by his reer as a civil engineer on the Rio ference room in my office. It is a paint- friends and family as having been full Grande National Forest in Monte ing of a majestic landscape in the of life, with an easy smile and a gift for Vista, CO, followed by working as dis- Southwestern portion of United States making others laugh. He is a source of trict engineer on the Medicine Bow- painted by Lance Turner. This painting pride for his parents, mother Cathy and Routt National Forests and Thunder shows the beauty of the land that he stepfather Alex, and a role model for Basin National Grasslands on the loved so dearly and demonstrates the his younger brother and cousins. Offi- Douglas Ranger District in Wyoming. mastery developed over a lifetime of cer Santiago was committed to being In 1996 he became the works program hard work. the best police officer he could be, and officer for the Angell Job Corps in During his career, Lance was able to he quickly earned the respect of his fel- Yachats, OR, and in 1998 was selected take part in and lead many successful low officers by volunteering to work in as the center director of the Boxelder programs. One such program, well the West District—one of Jersey City’s Job Corps Center in Nemo, SD. In 2007 known to all, involves a talking bear toughest neighborhoods—because he Mr. Jaeger assumed the duties as the that helps campers keep our forests wanted to serve where he was most deputy forest supervisor for the Black safe. In 2009, KSL, a Utah news station, needed. According to his family, he sa- Hills National Forest of South Dakota ran a story on Lance, who was the art vored every moment of the last 7 and Wyoming. director at Foote, Cone & Belding in months, thrilled to be doing what he Jaeger is an avid skier, hiker, and en- the 1950s. Lance was tasked with mar- loved. joys mountain biking. He and his wife keting the newly created Smokey Bear, Officer Santiago’s courage, spirit of Carole have three wonderful children. whose mission was to reduce manmade service, and commitment to his com- There have been a number of key ac- forest fires. The campaign was a suc- munity will be long remembered by complishments on the Black Hills Na- cess and remains the longest running those he protected and for whom he tional Forest that Jaeger has helped PSA campaign in our country’s his- gave his life. As we recognize Officer facilitate, including guiding the suc- tory. Smokey Bear also remains a Santiago’s tremendous sacrifice, I ask cessful merger of the Tribal Youth Nat- highly recognized American character that the Senate join with this courageous officer’s family, friends, fellow ural Resources Crew with the Boxelder and continues his original mission of Jersey City Police Department per- Job Corps Center Crew to become the encouraging fire safety. sonnel, the Jersey City community, Youth Natural Resources, YNR, Crew. More important than any success in and the State of New Jersey in mourn- The YNR Crew is much better orga- his professional life, Lance was a good ing the loss of this extraordinary nized, provides unique work training husband and father who, according to young man.∑ and education, remains very diverse his children, was always willing to and productive, and improves the land. share the wisdom he had gained f The YNR Crew received a Regional through a life of service. He was a REMEMBERING CHRISTOPHER Forester’s Honor Award in 2013. Dennis, faithful member of the Church of Jesus GOODELL as a key member of the Forest Leader- Christ of Latter-day Saints and made ∑ Mr. BOOKER. Madam President, it is ship Team, helps guide one of the larg- sure to always take care of those in with great sadness that I pay tribute to est forest restoration programs in the need. He loved to hunt pheasants and a New Jersey police officer who trag- United States. The Black Hills Forest had a deep love for this country. ically lost his life in the line of duty received the Regional Forester’s Honor I offer my heartfelt condolences to last week. Award for its timber program in 2013 his children, Heidi, Josh, Chip, and Officer Christopher Goodell, a life- and the Chief’s Honor Award in 2013 for Matt, and his 14 grandchildren and 22 long resident of the Borough of its Mountain Pine Beetle Response grandchildren. I know his legacy will Waldwick, NJ, was killed when his pa- Project. shine brightly through their examples trol car was struck by a tractor-trailer Dennis has served as the Agency Ad- of faith and patriotism. Happily, Lance early Thursday morning, July 17. He ministrator on two very large and com- leaves this life to reunite with his was 32 years old and will be greatly plex fires in 2012, White Draw and Myr- sweetheart Marilyn. The thought of missed by all who knew him. tle. Dennis interacted professionally such a joyous reunion reminds me of an Officer Goodell is described by with several Federal, State, and county old but dear hymn by Katharina von friends and colleagues as having been cooperators and the National Guard Schlegel. I close with touching words friendly to everyone he met, with a gift and private citizens under very dif- of the third verse: ‘‘Be still, my soul: for comedy and a kind heart. He was ficult circumstances. The hour is hast’ning on, When we also long-committed to serving others. Dennis is known for his positive, shall be forever with the Lord, When He joined the Marine Corps in the wake ‘‘can do’’ attitude, his outstanding cus- disappointment, grief, and fear are of September 11, 2001, earning several tomer service, and his passion for the gone, Sorrow forgot, love’s purest joys medals and commendations for his Forest Service mission and the well- restored. service in Iraq, including the Air Medal being of employees and the public he Be still, my soul: When change and and two Humanitarian Service Medals. serves. He is highly visible and re- tears are past, All safe and blessed we Upon his return, Officer Goodell never spected by the Federal delegation, shall meet at last.’’∑ stopped serving—first as a dispatcher tribes, the National Forest Advisory f for the Waldwick Police Department, Board, State officials and many stake- and later as a police officer. holders. REMEMBERING MELVIN SANTIAGO Officer Goodell embraced the respon- I am proud to recognize and honor ∑ Mr. BOOKER. Madam President, it is sibilities that came with being a police Dennis’ service to the U.S. Forest Serv- with a heavy heart that I pay tribute officer, and he cherished the oppor- ice and am delighted to join with his to a young New Jersey police officer tunity to protect and serve the town

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Offi- skills, build resume experience and The Amendment extends for 10 years cer Goodell was eager to help others, earn wages through work assistance (until December 31, 2024), provisions of from working to make our streets safer programs is commendable. the 1958 Agreement that permit the to once assisting a man who had col- As a member of the Senate Veterans’ transfer between the United States and lapsed at his gym. Simply put, his dedi- Affairs Committee, I know the strug- the United Kingdom of classified infor- cation saved lives. gles that our veterans face after re- mation concerning atomic weapons; Officer Goodell is mourned by his fa- turning home from the battlefield. nuclear technology and controlled nu- ther Mark, his mother Patricia, his Congress has a responsibility not only clear information; material and equip- fiance´e Jillian, his sister Nicole, his to honor these brave individuals, but to ment for the development of defense niece and nephew, a large extended ensure they receive the quality care plans; training of personnel; evaluation family, many friends and neighbors, they have earned and deserve. I remain of potential enemy capability; develop- fellow Waldwick Police Department committed to upholding this promise ment of delivery systems; and the re- personnel, the Borough of Waldwick, for our veterans and servicemembers in search, development, and design of and the entire State of New Jersey. His Nevada and throughout the Nation. I military reactors. Additional revisions spirit of service and his dedication to am very pleased that veterans service to portions of the Amendment and An- his community and to our Nation will organizations like the Veterans Sup- nexes have been made to ensure con- be long remembered by those he pro- port Network are committed to ensur- sistency with current United States tected and served. I ask my colleagues ing that the needs of our veterans are and United Kingdom policies and prac- in the Senate to please join me in hon- being met. tice regarding nuclear threat reduc- oring this remarkable young police of- Today, I ask my colleagues and all tion, naval nuclear propulsion, and per- ficer and marine, and in recognizing his Nevadans to join me in recognizing the sonnel security. tremendous service.∑ Veterans Support Network, an organi- In my judgment, the Amendment meets all statutory requirements. The zation whose mission is both noble and f United Kingdom intends to continue to charitable. I am both humbled and hon- RECOGNIZING VETERANS SUPPORT maintain viable nuclear forces into the ored to recognize the Veteran’s Sup- NETWORK foreseeable future. Based on our pre- port Network’s mission of providing vious close cooperation, and the fact ∑ Mr. HELLER. Madam President, I veterans with the skills that will allow that the United Kingdom continues to wish to recognize a veterans education them the opportunity to change their commit its nuclear forces to the North program within Las Vegas known as circumstances. This organization’s Atlantic Treaty Organization, I have Veterans Support Network for its con- commitment to helping struggling vet- concluded it is in the United States na- tinued dedication to helping its fellow erans get back on their feet is admi- tional interest to continue to assist the servicemembers gain training and cer- rable, and I wish them the best of luck United Kingdom in maintaining a cred- tifications that will assist them in be- in all of their future endeavors.∑ coming self-sufficient. This unique pro- ible nuclear deterrent. gram works to improve the lives of dis- f I have approved the Amendment, au- abled, visually impaired, and homeless TEXT OF AN AMENDMENT TO THE thorized its execution, and urge that veterans by providing educational AGREEMENT BETWEEN THE GOV- the Congress give it favorable consider- classes and trainings, funding for on- ERNMENT OF THE UNITED ation. the-job training, as well as professional STATES OF AMERICA AND THE BARACK OBAMA. THE WHITE HOUSE, July 24, 2014. talking books and Braille books to as- GOVERNMENT OF THE UNITED sist those with disabilities. KINGDOM OF GREAT BRITAIN f The brave men and women who AND NORTHERN IRELAND FOR MESSAGE FROM THE HOUSE served the United States and fought to COOPERATION ON THE USES OF At 1:16 p.m., a message from the protect our freedom have often come ATOMIC ENERGY FOR MUTUAL House of Representatives, delivered by home to a struggling economy. A num- DEFENSE PURPOSES OF JULY 3, Mr. Novotny, one of its reading clerks, ber of veterans are unable to find a job 1958, AS AMENDED—PM 51 announced that the House has passed or afford to buy or rent a home. As the The PRESIDING OFFICER laid be- the following bills, in which it requests demographics of our Armed Forces fore the Senate the following message the concurrence of the Senate: have changed throughout the years, so from the President of the United H.R. 2283. An act to prioritize the fight too have the needs of homeless vet- States, together with an accompanying against human trafficking within the De- erans. As a member of the Senate Vet- report; which was referred to the Com- partment of State according to congressional erans’ Affairs Committee, this is an mittee on Foreign Relations: intent in the Trafficking Victims Protection issue I have been personally involved Act of 2000 without increasing the size of the with and have introduced legislation to To the Congress of the United States: Federal Government, and for other purposes. address. Organizations like the Vet- I am pleased to transmit to the Con- H.R. 3136. An act to establish a demonstra- erans Support Network serve to help gress, pursuant to section 123 d. of the tion program for competency-based education. those in need in the Las Vegas commu- Atomic Energy Act of 1954, as amend- H.R. 4449. An act to amend the Trafficking nity. This organization is a shining ex- ed, the text of an amendment (the Victims Protection Act of 2000 to expand the ample of the kind of initiatives that ‘‘Amendment’’) to the Agreement Be- training for Federal Government personnel will help to get our veterans off of the tween the Government of the United related to trafficking in persons, and for streets. States of America and the Government other purposes. There is no way to adequately thank of the United Kingdom of Great Britain H.R. 4980. An act to prevent and address the men and women that lay down and Northern Ireland for Cooperation sex trafficking of children in foster care, to extend and improve adoption incentives, and their lives for our freedoms, but the on the Uses of Atomic Energy for Mu- to improve international child support re- founders and volunteers at the Vet- tual Defense Purposes of July 3, 1958, as covery. erans Support Network are working to amended (the ‘‘1958 Agreement’’). I am H.R. 4983. An act to simplify and stream- assist our Nation’s veterans by giving also pleased to transmit my written line the information regarding institutions them the opportunity to start a new approval, authorization, and deter- of higher education made publicly available career. The organization was founded mination concerning the Amendment. by the Secretary of Education, and for other by Ed Manley, a brave veteran who has The joint unclassified letter submitted purposes. H.R. 5076. An act to amend the Runaway selflessly been working toward the bet- to me by the Secretaries of Defense and and Homeless Youth Act to increase knowl- terment of the homeless veteran com- Energy providing a summary position edge concerning, and improve services for, munity by teaching certification class- on the unclassified portions of the runaway and homeless youth who are vic- es and working tirelessly to find funds Amendment is also enclosed. The joint tims of trafficking.

VerDate Mar 15 2010 05:23 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.108 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4902 CONGRESSIONAL RECORD — SENATE July 24, 2014 H.R. 5116. An act to direct the Secretary of MEASURES READ THE FIRST TIME ting, pursuant to law, the report of a rule en- Homeland Security to train Department of titled ‘‘Approval and Promulgation of Air Homeland Security personnel how to effec- The following bill was read the first Quality Implementation Plans; Indiana; Sol- tively deter, detect, disrupt, and prevent time: vent Degreasing Operations Rule’’ (FRL No. human trafficking during the course of their S. 2666. A bill to prohibit future consider- 9914–24–Region 5) received in the Office of the primary roles and responsibilities, and for ation of deferred action for childhood arriv- President of the Senate on July 22, 2014; to other purposes. als or work authorization for aliens who are the Committee on Environment and Public H.R. 5134. An act to extend the National not in lawful status, to facilitate the expe- Works. Advisory Committee on Institutional Qual- dited processing of minors entering the EC–6607. A communication from the Direc- ity and Integrity and the Advisory Com- United States across the southern border, tor of the Regulatory Management Division, mittee on Student Financial Assistance for and to require the Secretary of Defense to Environmental Protection Agency, transmit- one year. reimburse States for National Guard deploy- ting, pursuant to law, the report of a rule en- H.R. 5135. An act to direct the Interagency ments in response to large-scale border titled ‘‘Approval and Promulgation of Air Task Force to Monitor and Combat Traf- crossings of unaccompanied alien children Quality Implementation Plans; Illinois; ficking to identify strategies to prevent chil- from noncontiguous countries. Amendments to Vehicle Inspection and dren from becoming victims of trafficking Maintenance Program for Illinois’’ (FRL No. f and review trafficking prevention efforts, to 9913–15–Region 5) received in the Office of the protect and assist in the recovery of victims EXECUTIVE AND OTHER President of the Senate on July 22, 2014; to of trafficking, and for other purposes. COMMUNICATIONS the Committee on Environment and Public f Works. The following communications were EC–6608. A communication from the Chief MEASURES REFERRED laid before the Senate, together with of the Publications and Regulations Branch, The following bills were read the first accompanying papers, reports, and doc- Internal Revenue Service, Department of the and the second times by unanimous uments, and were referred as indicated: Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Allocation and Ap- consent, and referred as indicated: EC–6600. A communication from the Assist- ant Secretary for Legislative Affairs, De- portionment of Interest Expense’’ ((RIN1545– H.R. 2283. An act to prioritize the fight partment of the Treasury, transmitting, pur- BJ59) (TD 9676)) received in the Office of the against human trafficking within the De- suant to law, the Financial Stability Over- President of the Senate on July 23, 2014; to partment of State according to congressional sight Council 2014 annual report to Congress; the Committee on Finance. intent in the Trafficking Victims Protection EC–6609. A communication from the Chief to the Committee on Banking, Housing, and Act of 2000 without increasing the size of the of the Publications and Regulations Branch, Urban Affairs. Federal Government, and for other purposes; Internal Revenue Service, Department of the EC–6601. A communication from the Assist- to the Committee on Foreign Relations. Treasury, transmitting, pursuant to law, the ant Legal Adviser for Treaty Affairs, Depart- H.R. 3136. An act to establish a demonstra- report of a rule entitled ‘‘Foreign Tax Credit ment of State, transmitting, pursuant to the tion program for competency-based edu- Guidance Under Section 901(m)’’ (Notice Case-Zablocki Act, 1 U.S.C. 112b, as amended, cation; to the Committee on Health, Edu- 2014–44) received in the Office of the Presi- the report of the texts and background state- cation, Labor, and Pensions. dent of the Senate on July 22, 2014; to the ments of international agreements, other H.R. 4449. An act to amend the Trafficking Committee on Finance. Victims Protection Act of 2000 to expand the than treaties (List 2014–0084—2014–0089); to EC–6610. A communication from the Chief training for Federal Government personnel the Committee on Foreign Relations. of the Publications and Regulations Branch, related to trafficking in persons, and for EC–6602. A communication from the Direc- Internal Revenue Service, Department of the other purposes; to the Committee on Foreign tor, Office of Personnel Management, trans- Treasury, transmitting, pursuant to law, the Relations. mitting, pursuant to law, the report of a rule report of a rule entitled ‘‘Disclosures of Re- H.R. 4983. An act to simplify and stream- entitled ‘‘Federal Employees Dental and Vi- turn Information Reflected on Returns to Of- line the information regarding institutions sion Insurance Program; Qualifying Life ficers and Employees of the Department of of higher education made publicly available Event Amendments’’ (RIN3206–AM57) re- Commerce for Certain Statistical Purposes by the Secretary of Education, and for other ceived in the Office of the President of the and Related Activities’’ ((RIN1545–BL60) (TD purposes; to the Committee on Health, Edu- Senate on July 23, 2014; to the Committee on 9677)) received during adjournment of the cation, Labor, and Pensions. Homeland Security and Governmental Af- Senate in the Office of the President of the H.R. 5076. An act to amend the Runaway fairs. Senate on July 18, 2014; to the Committee on and Homeless Youth Act to increase knowl- EC–6603. A communication from the Direc- Finance. edge concerning, and improve services for, tor of the Regulatory Management Division, EC–6611. A communication from the Chief runaway and homeless youth who are vic- Environmental Protection Agency, transmit- of the Publications and Regulations Branch, tims of trafficking; to the Committee on the ting, pursuant to law, the report of a rule en- Internal Revenue Service, Department of the Judiciary. titled ‘‘Interim Final Determination to Stay Treasury, transmitting, pursuant to law, the H.R. 5116. An act to direct the Secretary of and Defer Sanctions, Clark County Depart- report of a rule entitled ‘‘Research Expendi- Homeland Security to train Department of ment of Air Quality’’ (FRL No. 9914–17–Re- tures’’ ((RIN1545–BE64) (TD 9680)) received in Homeland Security personnel how to effec- gion 9) received in the Office of the President the Office of the President of the Senate on tively deter, detect, disrupt, and prevent of the Senate on July 22, 2014; to the Com- July 22, 2014; to the Committee on Finance. human trafficking during the course of their mittee on Environment and Public Works. EC–6612. A communication from the Chief primary roles and responsibilities, and for EC–6604. A communication from the Direc- of the Publications and Regulations Branch, other purposes; to the Committee on Home- tor of the Regulatory Management Division, Internal Revenue Service, Department of the land Security and Governmental Affairs. Environmental Protection Agency, transmit- Treasury, transmitting, pursuant to law, the H.R. 5134. An act to extend the National ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Mixed Straddles; Advisory Committee on Institutional Qual- titled ‘‘Approval and Promulgation of Air Straddle-by-Straddle Identification Under ity and Integrity and the Advisory Com- Quality Implementation Plans; Ohio; Redes- Section 1092’’ ((RIN1545–BK99) (TD 9678)) re- mittee on Student Financial Assistance for ignation of the Bellefontaine Area to Attain- ceived in the Office of the President of the one year; to the Committee on Health, Edu- ment of the 2008 Lead Standard’’ (FRL No. Senate on July 23, 2014; to the Committee on cation, Labor, and Pensions. 9914–22–Region 5) received in the Office of the Finance. H.R. 5135. An act to direct the Interagency President of the Senate on July 22, 2014; to EC–6613. A communication from the Direc- Task Force to Monitor and Combat Traf- the Committee on Environment and Public tor, Office of Regulations and Reports Clear- ficking to identify strategies to prevent chil- Works. ance, Social Security Administration, trans- dren from becoming victims of trafficking EC–6605. A communication from the Direc- mitting, pursuant to law, the report of a rule and review trafficking prevention efforts, to tor of the Regulatory Management Division, entitled ‘‘Obtaining Evidence Beyond the protect and assist in the recovery of victims Environmental Protection Agency, transmit- Current ‘Special Arrangement Sources’ ’’ of trafficking, and for other purposes; to the ting, pursuant to law, the report of a rule en- (RIN0960–AH44) received in the Office of the Committee on the Judiciary. titled ‘‘Approval and Promulgation of Air President of the Senate on June 10, 2014; to Quality Implementation Plans; Texas; Con- f the Committee on Finance. trol of Air Pollution from Motor Vehicles, EC–6614. A communication from the Direc- MEASURES PLACED ON THE Vehicle Inspection and Maintenance and Lo- tor, Office of Regulations and Reports Clear- CALENDAR cally Enforced Motor Vehicle Idling Limita- ance, Social Security Administration, trans- tions’’ (FRL No. 9914–31–Region 6) received in mitting, pursuant to law, the report of a rule The following bill was read the sec- the Office of the President of the Senate on entitled ‘‘Technical Corrections to Regula- ond time, and placed on the calendar: July 22, 2014; to the Committee on Environ- tions’’ (RIN0960–AH55) received in the Office S. 2648. A bill making emergency supplement and Public Works. of the President of the Senate on June 9, mental appropriations for the fiscal year EC–6606. A communication from the Direc- 2014; to the Committee on Finance. ending September 30, 2014, and for other pur- tor of the Regulatory Management Division, EC–6615. A communication from the Acting poses. Environmental Protection Agency, transmit- Assistant Deputy for Regulatory Services,

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.002 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4903 Office of Innovation and Improvement, De- report regarding such delayed payments, and assistance, and for other purposes; to the partment of Education, transmitting, pursu- for other purposes; to the Committee on Vet- Committee on Homeland Security and Gov- ant to law, the report of a rule entitled erans’ Affairs. ernmental Affairs. ‘‘Final Priorities, Requirements, and Defini- By Ms. KLOBUCHAR (for herself and By Mr. CRUZ: tions—Charter Schools Program (CSP) Mr. VITTER): S. 2666. A bill to prohibit future consider- Grants for National Leadership Activities’’ S. 2655. A bill to reauthorize the Young ation of deferred action for childhood arriv- (CFDA No. 84.282N) received in the Office of Women’s Breast Health Education and als or work authorization for aliens who are the President of the Senate on July 22, 2014; Awareness Requires Learning Young Act of not in lawful status, to facilitate the expe- to the Committee on Health, Education, 2009; to the Committee on Health, Education, dited processing of minors entering the Labor, and Pensions. Labor, and Pensions. United States across the southern border, EC–6616. A communication from the Acting By Mr. MERKLEY: and to require the Secretary of Defense to Assistant General Counsel for Regulatory S. 2656. A bill to provide for the regulation reimburse States for National Guard deploy- Services, Office of the Chief Financial Offi- of persistent, bioaccumulative, and toxic ments in response to large-scale border cer, Department of Education, transmitting, chemical substances, and for other purposes; crossings of unaccompanied alien children pursuant to law, the report of a rule entitled to the Committee on Environment and Pub- from noncontiguous countries; read the first ‘‘Department of Education Acquisition Regu- lic Works. time. lation’’ (RIN1890–AA18) received in the Office By Mr. PAUL: By Mr. KIRK (for himself, Ms. AYOTTE, of the President of the Senate on July 22, S. 2657. A bill to reclassify certain low- Mr. CORNYN, Mr. ISAKSON, Mr. ROB- 2014; to the Committee on Health, Education, level felonies as misdemeanors, to eliminate ERTS, Mr. HATCH, and Mr. HOEVEN): Labor, and Pensions. the increased penalties for cocaine offenses S. 2667. A bill to prohibit the exercise of EC–6617. A communication from the Sec- where the cocaine involved is cocaine base, any waiver of the imposition of certain sanc- retary of Transportation, transmitting, pur- and for other purposes; to the Committee on tions with respect to Iran unless the Presi- suant to law, a report entitled ‘‘Annual Re- the Judiciary. dent certifies to Congress that the waiver port for 2013 on Disability-Related Air Travel By Mr. HARKIN: will not result in the provision of funds to Complaints’’; to the Committee on Com- S. 2658. A bill to prioritize funding for the the Government of Iran for activities in sup- merce, Science, and Transportation. National Institutes of Health to discover port of international terrorism, to develop treatments and cures, to maintain global nuclear weapons, or to violate the human f leadership in medical innovation, and to re- rights of the people of Iran; to the Com- REPORTS OF COMMITTEES store the purchasing power the NIH had after mittee on Foreign Relations. the historic doubling campaign that ended in By Mr. BEGICH: The following reports of committees fiscal year 2003; to the Committee on the S. 2668. A bill to amend the Indian Self-De- were submitted: Budget. termination and Education Assistance Act By Mr. MENENDEZ, from the Committee By Mr. MURPHY: to provide further self-governance by Indian on Foreign Relations, with amendments and S. 2659. A bill to amend title 49, United tribes, and for other purposes; to the Com- an amendment to the title: States Code, to require the Assistant Sec- mittee on Indian Affairs. S. 2508. A bill to establish a comprehensive retary of Homeland Security (Transpor- By Mr. BEGICH: United States Government policy to assist tation Security Administration) to establish S. 2669. A bill to ensure funding for certain countries in sub-Saharan Africa to improve a process for providing expedited and dig- payments to Indian tribes and tribal organi- access to and the affordability, reliability, nified passenger screening services for vet- zations, and for other purposes; to the Com- and sustainability of power, and for other erans traveling to visit war memorials built mittee on Appropriations. purposes (Rept. No. 113–219). and dedicated to honor their services, and for f By Mr. ROCKEFELLER, from the Com- other purposes; to the Committee on Com- mittee on Commerce, Science, and Transpor- merce, Science, and Transportation. SUBMISSION OF CONCURRENT AND tation, with an amendment in the nature of By Ms. CANTWELL (for herself, Mr. SENATE RESOLUTIONS a substitute: CRAPO, Mrs. MURRAY, and Mr. RISCH): The following concurrent resolutions S. 1353. A bill to provide for an ongoing, S. 2660. A bill to amend the Internal Rev- enue Code of 1986 to clarify the special rules and Senate resolutions were read, and voluntary public-private partnership to im- referred (or acted upon), as indicated: prove cybersecurity, and to strengthen cy- for accident and health plans of certain gov- bersecurity research and development, work- ernmental entities, and for other purposes; By Mr. GRAHAM (for himself, Mr. force development and education, and public to the Committee on Finance. SCHUMER, Ms. AYOTTE, Mr. CARDIN, awareness and preparedness, and for other By Mr. SCHUMER (for himself and Mr. RUBIO, and Mr. BLUMENTHAL): S. Res. 517. A resolution expressing support purposes. Mrs. GILLIBRAND): S. 2661. A bill to designate the facility of for Israel’s right to defend itself and calling f the United States Postal Service located at on Hamas to immediately cease all rocket INTRODUCTION OF BILLS AND 787 State Route 17M in Monroe, New York, as and other attacks against Israel; to the Com- the ‘‘National Clandestine Service of the mittee on Foreign Relations. JOINT RESOLUTIONS Central Intelligence Agency NCS Officer By Mr. PRYOR (for himself and Mr. The following bills and joint resolu- Gregg David Wenzel Memorial Post Office’’; BOOZMAN): tions were introduced, read the first to the Committee on Homeland Security and S. Res. 518. A resolution designating the and second times by unanimous con- Governmental Affairs. week of October 12 through October 18, 2014, as ‘‘National Case Management Week’’ to sent, and referred as indicated: By Mr. COCHRAN (for himself and Mr. WICKER): recognize the role of case management in By Mr. COBURN (for himself and Mr. S. 2662. A bill to promote and expand the improving health care outcomes for patients; CARPER): application of telehealth under Medicare and to the Committee on the Judiciary. S. 2651. A bill to repeal certain mandates of other Federal health care programs, and for By Ms. MURKOWSKI (for herself, Mr. the Department of Homeland Security Office other purposes; to the Committee on Fi- REED, Mr. REID, Mr. MCCONNELL, of Inspector General; to the Committee on nance. Mrs. HAGAN, Mr. WHITEHOUSE, Mr. Homeland Security and Governmental Af- By Mr. ISAKSON (for himself, Mr. BLUMENTHAL, Mrs. MURRAY, Mr. fairs. BLUNT, and Mr. BEGICH): MANCHIN, Mr. CASEY, Mr. RUBIO, Mr. By Mrs. FISCHER: S. 2663. A bill to provide high-skilled visas BLUNT, Mr. BURR, Mr. BEGICH, Ms. S. 2652. A bill to improve the design-build for nationals of the Republic of Korea, and AYOTTE, Mr. MORAN, Mr. COCHRAN, process in Federal contracting; to the Com- for other purposes; to the Committee on the Mr. TESTER, and Mr. WALSH): mittee on Homeland Security and Govern- Judiciary. S. Res. 519. A resolution designating Au- mental Affairs. By Mr. BEGICH (for himself and Ms. gust 16, 2014, as ‘‘National Airborne Day’’; By Mrs. FEINSTEIN (for herself, Mr. COLLINS): considered and agreed to. PORTMAN, and Mr. BEGICH): S. 2664. A bill to amend the Homeland Se- By Mr. MURPHY (for himself and Mr. S. 2653. A bill to amend the definition of curity Act of 2002 to direct the Adminis- JOHNSON of Wisconsin): ‘‘homeless person’’ under the McKinney- trator of the Federal Emergency Manage- S. Res. 520. A resolution condemning the Vento Homeless Assistance Act to include ment Agency to modernize the integrated downing of Malaysia Airlines Flight 17 and certain homeless children and youth, and for public alert and warning system of the expressing condolences to the families of the other purposes; to the Committee on Bank- United States, and for other purposes; to the victims; to the Committee on Foreign Rela- ing, Housing, and Urban Affairs. Committee on Homeland Security and Gov- tions. By Ms. LANDRIEU: ernmental Affairs. By Mr. WARNER (for himself, Ms. MI- S. 2654. A bill to require the Secretary of By Mr. BEGICH: KULSKI, Mr. BURR, Mrs. FEINSTEIN, Veterans Affairs to conduct outreach to vet- S. 2665. A bill to amend the Robert T. Staf- Mr. CHAMBLISS, Mr. ROCKEFELLER, erans regarding the effect of certain delayed ford Disaster Relief and Emergency Assist- Mr. KING, Mr. WHITEHOUSE, Mr. payments by the Secretary, to require the ance Act to provide eligibility for broad- RUBIO, Mr. UDALL of Colorado, and Secretary to submit to Congress an annual casting facilities to receive certain disaster Mr. KAINE):

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.006 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4904 CONGRESSIONAL RECORD — SENATE July 24, 2014 S. Res. 521. A resolution designating July and promote women’s health and eco- S. 2545 26, 2014, as ‘‘United States Intelligence Pro- nomic security by ensuring reasonable At the request of Ms. AYOTTE, the fessionals Day’’; to the Committee on the workplace accommodations for work- name of the Senator from Idaho (Mr. Judiciary. ers whose ability to perform the func- CRAPO) was added as a cosponsor of S. By Mr. COONS (for himself, Mr. FLAKE, Mr. MENENDEZ, and Mr. CORKER): tions of a job are limited by pregnancy, 2545, a bill to require the Secretary of S. Res. 522. A resolution expressing the childbirth, or a related medical condi- Veterans Affairs to revoke bonuses sense of the Senate supporting the U.S.-Afri- tion. paid to employees involved in elec- ca Leaders Summit to be held in Wash- S. 1431 tronic wait list manipulations, and for ington, D.C. from August 4 through 6, 2014; to At the request of Mr. THUNE, the other purposes. the Committee on Foreign Relations. name of the Senator from North Da- S. 2607 By Mr. WARNER (for himself, Mr. COR- OEVEN NYN, Mr. KAINE, and Mr. RISCH): kota (Mr. H ) was added as a co- At the request of Mr. BOOKER, the S. Res. 523. A resolution expressing the sponsor of S. 1431, a bill to perma- names of the Senator from Nebraska sense of the Senate on the importance of the nently extend the Internet Tax Free- (Mr. JOHANNS) and the Senator from United States-India strategic partnership dom Act. Wisconsin (Ms. BALDWIN) were added as and the continued deepening of bilateral ties S. 1531 cosponsors of S. 2607, a bill to extend with India; to the Committee on Foreign Re- At the request of Mr. SCHUMER, the and modify the pilot program of the lations. Department of Veterans Affairs on as- By Mr. CRUZ (for himself and Mrs. name of the Senator from New Hamp- sisted living services for veterans with GILLIBRAND): shire (Mrs. SHAHEEN) was added as a co- S. Con. Res. 41. A concurrent resolution de- sponsor of S. 1531, a bill to amend the traumatic brain injury, and for other nouncing the use of civilians as human Internal Revenue Code of 1986 to mod- purposes. shields by Hamas and other terrorist organi- ify the types of wines taxed as hard S. 2622 zations in violation of international humani- cider. At the request of Mrs. FEINSTEIN, the tarian law; to the Committee on Foreign Re- S. 2329 name of the Senator from Ohio (Mr. lations. At the request of Mrs. SHAHEEN, the BROWN) was added as a cosponsor of S. f name of the Senator from Delaware 2622, a bill to require breast density re- ADDITIONAL COSPONSORS (Mr. CARPER) was added as a cosponsor porting to physicians and patients by S. 539 of S. 2329, a bill to prevent Hezbollah facilities that perform mammograms, At the request of Mrs. SHAHEEN, the from gaining access to international fi- and for other purposes. name of the Senator from Rhode Island nancial and other institutions, and for S. 2635 (Mr. WHITEHOUSE) was added as a co- other purposes. At the request of Mr. CORNYN, the sponsor of S. 539, a bill to amend the S. 2406 name of the Senator from South Da- Public Health Service Act to foster At the request of Mr. REED, the name kota (Mr. THUNE) was added as a co- more effective implementation and co- of the Senator from California (Mrs. sponsor of S. 2635, a bill to amend the ordination of clinical care for people FEINSTEIN) was added as a cosponsor of Endangered Species Act of 1973 to re- with pre-diabetes and diabetes. S. 2406, a bill to amend title XII of the quire publication on the Internet of the S. 620 Public Health Service Act to expand basis for determinations that species At the request of Mr. CORNYN, the the definition of trauma to include are endangered species or threatened name of the Senator from Nevada (Mr. thermal, electrical, chemical, radio- species, and for other purposes. HELLER) was added as a cosponsor of S. active, and other extrinsic agents. S. 2650 620, a bill to withhold the salary of the S. 2449 At the request of Mr. CORKER, the Director of OMB upon failure to submit At the request of Mr. MENENDEZ, the names of the Senator from Wyoming the President’s budget to Congress as names of the Senator from Florida (Mr. (Mr. BARRASSO), the Senator from Kan- required by section 1105 of title 31, RUBIO) and the Senator from Con- sas (Mr. ROBERTS) and the Senator United States Code. necticut (Mr. MURPHY) were added as from North Dakota (Mr. HOEVEN) were S. 637 cosponsors of S. 2449, a bill to reauthor- added as cosponsors of S. 2650, a bill to At the request of Mr. MENENDEZ, the ize certain provisions of the Public provide for congressional review of name of the Senator from New York Health Service Act relating to autism, agreements relating to Iran’s nuclear (Mr. SCHUMER) was added as a cospon- and for other purposes. program, and for other purposes. sor of S. 637, a bill to amend the Public S. 2471 S. CON. RES. 39 Health Service Act to provide for the At the request of Mr. WHITEHOUSE, At the request of Mr. PRYOR, the expansion, intensification, and coordi- the name of the Senator from Illinois names of the Senator from Michigan nation of the programs and activities (Mr. DURBIN) was added as a cosponsor (Ms. STABENOW) and the Senator from of the National Institutes of Health of S. 2471, a bill to amend title 11 of the Mississippi (Mr. COCHRAN) were added with respect to Tourette syndrome. United States Code to provide bank- as cosponsors of S. Con. Res. 39, a con- S. 836 ruptcy protections for medically dis- current resolution expressing the sense At the request of Mr. BROWN, the tressed debtors, and for other purposes. of Congress regarding support for vol- name of the Senator from New Mexico S. 2483 untary, incentive-based, private land (Mr. HEINRICH) was added as a cospon- At the request of Mr. BLUMENTHAL, conservation implemented through co- sor of S. 836, a bill to amend the Inter- the name of the Senator from Rhode Is- operation with local soil and water nal Revenue Code of 1986 to strengthen land (Mr. REED) was added as a cospon- conservation districts. the earned income tax credit and make sor of S. 2483, a bill to amend title 18, S. RES. 462 permanent certain tax provisions under United States Code, to protect more At the request of Mr. RUBIO, the the American Recovery and Reinvest- victims of domestic violence by pre- name of the Senator from Alaska (Ms. ment Act of 2009. venting their abusers from possessing MURKOWSKI) was added as a cosponsor S. 865 or receiving firearms, and for other of S. Res. 462, a resolution recognizing At the request of Mr. WHITEHOUSE, purposes. the Khmer and Lao/Hmong Freedom the name of the Senator from Delaware S. 2488 Fighters of Cambodia and Laos for sup- (Mr. COONS) was added as a cosponsor At the request of Mr. MCCONNELL, porting and defending the United of S. 865, a bill to provide for the estab- the name of the Senator from Nevada States Armed Forces during the con- lishment of a Commission to Accel- (Mr. HELLER) was added as a cosponsor flict in Southeast Asia. erate the End of Breast Cancer. of S. 2488, a bill to amend the Internal S. RES. 502 S. 942 Revenue Code of 1986 to provide an ex- At the request of Mr. PORTMAN, the At the request of Mr. CASEY, the ception to the exclusive use require- names of the Senator from Pennsyl- name of the Senator from Illinois (Mr. ment for home offices if the other use vania (Mr. TOOMEY) and the Senator DURBIN) was added as a cosponsor of S. involves care of a qualifying child of from Utah (Mr. HATCH) were added as 942, a bill to eliminate discrimination the taxpayer, and for other purposes. cosponsors of S. Res. 502, a resolution

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.009 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4905 concerning the suspension of exit per- Unfortunately, the numbers reported (1) in section 103— mit issuance by the Government of the by the HUD ‘‘Point-in-Time Count’’ (A) in subsection (a)— Democratic Republic of Congo for fail to reflect these increasing num- (i) in paragraph (5)(A)— adopted Congolese children seeking to bers. (I) by striking ‘‘are sharing’’ and all that According to the 2012 HUD ‘‘Point-in- follows through ‘‘charitable organizations,’’; depart the country with their adoptive (II) by striking ‘‘14 days’’ each place that parents. Time Count,’’ there were only 247,178 term appears and inserting ‘‘30 days’’; S. RES. 513 people counted as homeless in house- (III) in clause (i), by inserting ‘‘or’’ after At the request of Ms. MIKULSKI, the holds that included children, a fraction the semicolon; name of the Senator from Illinois (Mr. of the true number. (IV) by striking clause (ii); and KIRK) was added as a cosponsor of S. This is important because only those (V) by redesignating clause (iii) as clause Res. 513, a resolution honoring the 70th children counted by HUD are eligible (ii); and (ii) by amending paragraph (6) to read as anniversary of the Warsaw Uprising. for vital homeless assistance programs. The rest of these children and families follows: AMENDMENT NO. 3594 are simply out of luck. ‘‘(6) unaccompanied youth and homeless At the request of Mr. JOHANNS, his The Homeless Children and Youth families with children and youth defined as name was added as a cosponsor of homeless under other Federal statutes who— Act of 2014 would expand the homeless amendment No. 3594 intended to be pro- ‘‘(A) are certified as homeless by the direc- definition to allow HUD homeless as- posed to S. 2569, a bill to provide an in- tor or designee of a director of a program sistance programs to serve extremely centive for businesses to bring jobs funded under any other Federal statute; or vulnerable children and families, spe- ‘‘(B) have been certified by a director or back to America. cifically those staying in motels or in designee of a director of a program funded AMENDMENT NO. 3598 doubled up situations because they under this Act or a director or designee of a At the request of Mr. ENZI, the names have nowhere else to go. director of a public housing agency as lack- of the Senator from South Carolina These families are especially suscep- ing a fixed, regular, and adequate nighttime (Mr. SCOTT) and the Senator from tible to abuse and trafficking because residence, which shall include— ‘‘(i) temporarily sharing the housing of an- Maine (Ms. COLLINS) were added as co- they are often not served by a case sponsors of amendment No. 3598 in- other person due to loss of housing, eco- manager, and thus remain hidden from nomic hardship, or other similar reason; or tended to be proposed to S. 2569, a bill potential social service providers. ‘‘(ii) living in a room in a motel or hotel.’’; to provide an incentive for businesses As a result of the current narrow and to bring jobs back to America. HUD definition, communities that re- (B) by adding at the end the following: AMENDMENT NO. 3599 ceive federal funding through the com- ‘‘(f) OTHER DEFINITIONS.—In this section— At the request of Mr. ENZI, the name petitive application process are unable ‘‘(1) the term ‘other Federal statute’ has of the Senator from Wyoming (Mr. to prioritize or direct resources to help the meaning given that term in section 401; and BARRASSO) was added as a cosponsor of these children and families. This bill would provide communities ‘‘(2) the term ‘public housing agency’ amendment No. 3599 intended to be pro- means an agency described in section 3(b)(6) posed to S. 2569, a bill to provide an in- with the flexibility to use federal funds of the United States Housing Act of 1937 (42 centive for businesses to bring jobs to meet local priorities. U.S.C. 1437a(b)(6)).’’; back to America. I would note that the bill comes at (2) in section 401— AMENDMENT NO. 3601 no cost to taxpayers and does not im- (A) in paragraph (1)(C)— At the request of Mr. JOHANNS, his pose any new mandates on service pro- (i) by striking clause (iv); and name was added as a cosponsor of viders. (ii) by redesignating clauses (v), (vi), and Finally, this legislation improves (vii) as clauses (iv), (v), and (vi); amendment No. 3601 intended to be pro- data collection transparency by requir- (B) in paragraph (7)— posed to S. 2569, a bill to provide an in- ing HUD to report data on homeless in- (i) by striking ‘‘Federal statute other than centive for businesses to bring jobs dividuals and families currently re- this subtitle’’ and inserting ‘‘other Federal back to America. corded under the existing Homeless statute’’; and f Management Information System sur- (ii) by inserting ‘‘of’’ before ‘‘this Act’’; (C) by redesignating paragraphs (14) STATEMENTS ON INTRODUCED vey. through (33) as paragraphs (15) through (34), BILLS AND JOINT RESOLUTIONS I am pleased that Senators ROB respectively; and PORTMAN and MARK BEGICH have joined By Mrs. FEINSTEIN (for herself, (D) by adding after paragraph (13) the fol- me as original cosponsors on this bill. lowing: Mr. PORTMAN, and Mr. BEGICH): Homelessness continues to plague ‘‘(14) OTHER FEDERAL STATUTE.—The term S. 2653. A bill to amend the definition our nation. If we fail to address the ‘other Federal statute’ includes— of ‘‘homeless person’’ under the McKin- needs of these children and families ‘‘(A) the Runaway and Homeless Youth Act ney-Vento Homeless Assistance Act to today, they will remain stuck in a (42 U.S.C. 5701 et seq.); include certain homeless children and cycle of poverty and chronic homeless- ‘‘(B) the Head Start Act (42 U.S.C. 9831 et youth, and for other purposes; to the ness. seq.); Committee on Banking, Housing, and It is our moral obligation to ensure ‘‘(C) subtitle N of the Violence Against Urban Affairs. that we do not erect more barriers for Women Act of 1994 (42 U.S.C. 14043e et seq.); ‘‘(D) section 330(h) of the Public Health Mrs. FEINSTEIN. Mr. President, I these children and families to access rise today to introduce bipartisan leg- Service Act (42 U.S.C. 254b(h)); services when they are experiencing ex- ‘‘(E) section 17 of the Child Nutrition Act islation with my colleagues Senator treme hardship. I believe this bill is a of 1966 (42 U.S.C. 1786); PORTMAN and Senator BEGICH that commonsense solution that will ensure ‘‘(F) the Higher Education Act of 1965 (20 would expand the definition of ‘‘home- that homeless families and children U.S.C. 1001 et seq.); and less’’ used by the U.S. Department of can receive the help they need. ‘‘(G) subtitle B of title VII of this Act.’’; Housing and Urban Development, HUD, Mr. President, I ask unanimous con- (3) by inserting after section 408 the fol- to ensure all homeless children and sent that the text of the bill be printed lowing: families are eligible for existing Fed- in the RECORD. ‘‘SEC. 409. AVAILABILITY OF HMIS REPORT. eral homeless assistance programs. There being no objection, the text of ‘‘(a) IN GENERAL.—The information pro- According to the U.S. Department of the bill was ordered to be printed in vided to the Secretary under section 402(f)(3) shall be made publically available on the Education, approximately 1.1 million the RECORD, as follows: Internet website of the Department of Hous- children were homeless during the 2011– S. 2653 ing and Urban Development in aggregate, 2012 school year; this is a 24 percent in- Be it enacted by the Senate and House of Rep- non-personally identifying reports. crease from the 939,903 homeless stu- resentatives of the United States of America in ‘‘(b) REQUIRED DATA.—Each report made dents enrolled in the 2009–2010 school Congress assembled, publically available under subsection (a) year. SECTION 1. SHORT TITLE. shall be updated on at least an annual basis In California, nearly 250,000 children This Act may be cited as the ‘‘Homeless and shall include— ‘‘(1) a cumulative count of the number of experienced homelessness last year, up Children and Youth Act of 2014’’. SEC. 2. AMENDMENTS TO THE MCKINNEY-VENTO individuals and families experiencing home- from 220,000 in 2010 and nearly four HOMELESS ASSISTANCE ACT. lessness; times the 65,000 homeless children in The McKinney-Vento Homeless Assistance ‘‘(2) a cumulative assessment of the pat- the State in 2003. Act (42 U.S.C. 11301 et seq.) is amended— terns of assistance provided under subtitles

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.018 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4906 CONGRESSIONAL RECORD — SENATE July 24, 2014 B and C for the each geographic area in- and Senator Arlen Specter in our lead- creating a budget cap adjustment for volved; and ership roles on the Appropriations Sub- the National Institutes of Health. This ‘‘(3) a count of the number of individuals committee on Labor, Health and bill will put a plan in place for the Ap- and families experiencing homelessness that Human Services, Education, and Re- propriations Committee to reverse the are documented through the HMIS by each collaborative applicant.’’; lated Agencies. In that year, 1998, fund- 10-year retrenchment in biomedical re- (4) in section 422— ing for the National Institutes of search funding over the remaining (A) in subsection (a)— Health was $13 billion. By fiscal year years of the Budget Control Act. (i) by striking ‘‘The Secretary’’ and insert- 2003, we had increased NIH funding to Importantly, the Accelerating Bio- ing the following: $27 billion. We doubled funding in 5 medical Research Act is not an appro- ‘‘(1) IN GENERAL.—The Secretary’’; and years. We said we were, and we laid out priation. It is not a mandatory trust (ii) by adding at the end the following: a plan under both Republican and fund. It is not a tax credit. The bill ‘‘(2) RESTRICTION.—In awarding grants Democratic administrations and we got that I am introducing does not score under paragraph (1), the Secretary may not consider or prioritize the specific homeless it done. That was a historic milestone for CBO purposes because it does not populations intended to be served by the ap- for biomedical research in the United spend any money now. I am always plicant if the applicant demonstrates that States. hearing that we should have a robust the project— Truly, increasing our Nation’s in- debate on the budget and our spending ‘‘(A) would meet the priorities identified in vestment in NIH was a bold statement priorities as a country. So this bill the plan submitted under section 427(b)(1)(B); of our Nation’s commitment to retain- starts that debate. I invite Senators to and ing our standing as the undisputed cosponsor this bill if they believe, as I ‘‘(B) is cost-effective in meeting the over- world leader in biomedical research, do, that we should change our budget all goals and objectives identified in that and we have reaped extraordinary ben- plan.’’; and to allow for biomedical research to (B) by striking subsection (j); efits from that investment. We reaped grow in the United States. (5) in section 424(d), by striking paragraph benefits in terms of new treatments, I ask unanimous consent that a list (5); new diagnostics, and the new jobs and of the organizations who have endorsed (6) in section 427(b)— economic growth that biomedical re- this bill be entered into the RECORD at (A) in paragraph (1)— search brings. the end of my remarks. (i) in subparagraph (A)— But where does NIH stand today, 10 I believe we must do this. I believe (I) in clause (vi), by adding ‘‘and’’ at the years after the historic doubling of we must do this to save lives and to end; funding for biomedical research, which improve the health of the American (II) in clause (vii), by striking ‘‘and’’ at the end; and did so much to advance America’s people. I also believe we must do it be- (III) by striking clause (viii); economy and our standing in the cause we know that investing in bio- (ii) in subparagraph (B)— world? Where are we today? Sadly, as medical research creates jobs and spurs (I) in clause (iii), by adding ‘‘and’’ at the this chart illustrates, we have been the economy. end; falling behind. Some may say that changing the (II) in clause (iv)(VI), by striking ‘‘and’’ at So here we are. We got back up to budget allows for more spending so it the end; and where we should be by doubling the should be offset by cuts to other pro- (III) by striking clause (v); funding. Since that time, it has basi- grams. Well, to that I say there can be (iii) in subparagraph (E), by adding ‘‘and’’ cally leveled off. We are now short little doubt that NIH funding abun- at the end; (iv) by striking subparagraph (F); and about $8 billion below where we would dantly pays for itself in expanded eco- (v) by redesignating subparagraph (G) as be if we had just kept up with infla- nomic activity. Respected economists subparagraph (F); and tion. So NIH has lost about 20 percent have studied this, and they have esti- (B) by striking paragraph (3); and of its purchasing power from that time. mated that each dollar of investment (7) by amending section 433 to read as fol- Success rates for applicants fell from in the National Institutes of Health lows: the traditional range of 25 to 35 percent generates anywhere from $1.80 to $3.20 ‘‘SEC. 433. REPORTS TO CONGRESS. to just 16 percent last year, 2013. Prom- in economic output. ‘‘(a) IN GENERAL.—The Secretary shall sub- ising research was not funded, and Let me take just one vivid example mit to Congress an annual report, which many young scientists had no choice of the payoffs from our Federal invest- shall— but to find other occupations. This has ments in biomedical research. ‘‘(1) summarize the activities carried out In 2003 NIH completed the Human Ge- under this subtitle and set forth the findings, had profoundly negative consequences. conclusions, and recommendations of the Our biomedical pipeline is clearly nome Project started about 13 years Secretary as a result of the activities; and showing the negative effects. earlier. In total, the Federal Govern- ‘‘(2) include, for the year preceding the So today I am introducing a bill that ment invested $3.4 billion of taxpayers’ date on which the report is submitted— allows us to find common ground, on a money in sequencing the human ge- ‘‘(A) data required to be made publically bipartisan basis, to jump-start our re- nome. That project has had a truly available in the report under section 409; and investment in the National Institutes staggering economic impact. As of 2012, ‘‘(B) data on programs funded under any of Health and ensure America’s leader- it had generated $965 billion in eco- other Federal statute, as such term is de- nomic activity, personal income ex- fined in section 401. ship in biomedical research. ‘‘(b) TIMING.—A report under subsection (a) Republicans and Democrats may dis- ceeding $293 billion, and more than 4.3 shall be submitted not later than 4 months agree on what level of revenue is appro- million job-years of employment. For after the end of each fiscal year.’’. priate. We disagree about the value of every dollar our government spent on investing in education in order to build the Human Genome Project, America By Mr. HARKIN: a stronger workforce. But I have yet to has reaped $178 in economic benefits— S. 2658. A bill to prioritize funding for hear any Senator who disagrees with for every dollar we invest. And this is the National Institutes of Health to my view that Federal investments in just the economic impact. The positive discover treatments and cures, to biomedical research are good for the impact in terms of cures discovered maintain global leadership in medical economy and good for our country. and lives saved is incalculable. innovation, and to restore the pur- As the chairman of the appropria- But research doesn’t have to launch chasing power the NIH had after the tions subcommittee that funds NIH, I an entire industry to contribute sig- historic doubling campaign that ended get letters from Senators every year nificantly to our economy as the in fiscal year 2003; to the Committee on requesting support for research pro- Human Genome Project did. I will give the Budget. grams, so I can speak with authority an example from my home State. Mr. HARKIN. Mr. President, last when I say the majority of Senators— Dr. Joseph Walder, a researcher at year, 2013, marked the 10-year anniver- from both parties—believe we should be the University of Iowa, received a $5.7 sary of the completion of the historic investing more strongly in NIH. That million research grant many years ago campaign to double funding for the Na- is exactly the aim of the bill I am in- from the National Heart, Lung, and tional Institutes of Health. troducing today. The Accelerating Bio- Blood Institute. In the course of his re- Beginning in fiscal year 1998, I medical Research Act makes NIH a pri- search, he developed synthetic DNA worked with Congressman John Porter ority in our national budget process by and RNA technology. Realizing that

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.022 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4907 this was a valuable research tool, Dr. Dr. Francis Collins, Director of NIH, even more than that, but this is the Walder launched a company called In- testified before my subcommittee minimum we ought to do, a minimum tegrated DNA Technologies in 1987. Out about the ambitious investments of to close the gap in biomedical research. of a $5.7 million Federal investment America’s rivals. He said this: We have to do this for the health of came a company with $100 million in China has made policy changes to invest our people, our economy, and our Fed- annual sales, employing 650 people. heavily in the life sciences industry, moving eral budget. So I urge my colleagues to Now, if the creation of all of these [China] closer to becoming a world leader in join in supporting the Accelerating companies and products and jobs isn’t science and technology by the end of the dec- Biomedical Research Act. enough of a reason to expect that this ade. Over the past decade, Singapore has also I yield the floor. bill will boost the economy and lower pursued a prominent role as a global leader There being no objection, the mate- the Federal deficit, I have another rea- in the life sciences. For example, their phar- rial was ordered to be printed in the maceutical industry R&D funding was five RECORD, as follows: son. One of the principal missions of times greater than that of the United States biomedical research is to reduce and in 2009 as a share of GDP. NATIONAL GROUPS SUPPORTING THE BILL improve chronic diseases and health I will say one more thing about Chi- AcademyHealth, Ad Hoc Group for Medical conditions that are a major factor in Research, Alliance for Aging Research, Alz- na’s ambitious plans. China has identi- driving deficit spending. In 2006, econo- heimer’s Association, Alzheimers North fied biotechnology as one of seven key mists found that a future 1-percent re- Carolina, American Academy of Neurology, ‘‘strategic and emerging pillar’’ indus- duction in mortality rates from cancer American Aging Association, American As- tries. They have pledged to invest sociation for Cancer Research, American As- would save $500 billion to current and $308.5 billion in biotechnology over the sociation for Long Term Care Nursing, future Americans. A cure for cancer next 5 years. By contrast, the U.S. in- American Federation for Aging Research, was estimated to save $50 trillion to vestment over the same period of time American Geriatrics Society, American Americans in future expenditures. Lung Association, American Thoracic Soci- Recent estimates indicate the eco- will be roughly $160 billion, just about ety, American Cancer Society Cancer Action nomic cost of Alzheimer’s disease is half of what China is doing. Network, American College of Cardiology, over $200 billion a year. That is going It is a shocking and disturbing fact American Diabetes Association, American to rise to over $1 trillion a year by 2050 that, if current trends continue, the Heart Association, American Society for unless a prevention or cure is found. U.S. Government’s investment in life Pharmacology & Experimental Therapeutics, American Society of Clinical Oncology, The Centers for Disease Control and sciences research as a share of GDP will soon be about one quarter of what amfAR, The Foundation for AIDS Research. Prevention reports that annual costs Association for Clinical and Translational from undiagnosed diabetes are about China is doing. According to the NIH, China already Science, Association of American Cancer In- $245 billion a year. And a recent study stitutes, Association of American Medical projects that, by 2030, nearly 45 percent has more gene sequencing capacity Colleges, Association of American Univer- of the United States population will than the entire United States, and they sities, Association of Independent Research face some form of cardiovascular dis- have about one third of global capac- Institutes, Association of Public and Land- ease, costing a total of $1.2 trillion be- ity. grant Universities, Association of Schools Imagine that. We are the ones that and Programs of Public Health, Children’s tween now and 2030. Cardiomyopathy Foundation, The Clinical I could go on and on with examples mapped and sequenced the entire human genome. We are the ones that Research Forum, Coalition for Clinical and and studies, but no matter what I say, Translational Science, College on Problems some will say we can’t afford this bill. put the $3.6 billion into that. We reaped some rewards and benefits—as I just of Drug Dependence, Cure Alliance for Men- But we can’t afford not to do this. The tal Illness, Cure Alzheimer’s Fund, Dystonia status quo confronts our Nation with said—but right now China has more Medical Research Foundation, Epilepsy what those in the military call a ‘‘clear gene sequencing capacity than we do. Foundation, Federation of American Soci- and present danger.’’ That, again, illustrates my point that eties for Experimental Biology (FASEB), The United States has been the glob- they are moving ahead and we have Friends of the National Institute on Drug al leader in research, but that standing sort of slowed down and stopped, rest- Abuse, GBS/CIDP Foundation International, is now in jeopardy. While the United ing on our laurels, so to speak. Gerontological Society of America, Hunting- ton’s Disease Society of America. States has been retrenching in bio- The budget caps enacted by Congress are forcing disinvestments in a whole Inspire, Interstitial Cystitis Association, medical research, other countries, in- Juvenile Diabetes Research Foundation, cluding China, India, and Singapore, range of priorities that are the key to Keep Memory Alive, LuMind Foundation have been redoubling their investments our Nation’s prosperity. These dis- (formerly the Down Syndrome Research and and surging forward. Of the 10 leading investments are having devastating Treatment Foundation), Lupus Research In- countries in the field of scientific re- impacts across our economy—lower stitute, The Marfan Foundation, Melanoma search, the United States is the only growth and fewer jobs. Research Foundation, Memory Training Cen- one that has reduced its investment in Again, I appreciate there are honest ters of America, Mended Hearts, National Al- liance on Mental Illness, National Alopecia scientific research. disagreements about the appropriate levels of investment in education, job Areata Foundation, National Brain Tumor Let me repeat that. Of the 10 leading Society, National Coalition for Cancer Re- countries in the world in the field of training, and other domestic priorities. search, National Coalition for Heart and scientific research, the United States is But from countless conversations with Stroke Research, National Down Syndrome the only one that has reduced its in- Senators from both parties, there Society, NHLBI Constituency Group, Na- vestment in scientific research. seems to be one area of broad agree- tional Stroke Association. According to an NIH study: ment, and that is that we should invest National Task Group on Intellectual Dis- Other countries are investing more in bio- robustly in the National Institutes of abilities and Dementia Practices, NephCure medical research relative to the size of their Health. And that is why I have intro- Foundation, Neurofibromatosis Network, in economies. When it comes to government duced this bill today. It is time for us particular: Neurofibromatosis Inc., Cali- funding for pharmaceutical industry-per- fornia; Neurofibromatosis, Michigan; on a bipartisan basis to reverse this Neurofibromatosis Midwest; formed research, Korea’s government pro- erosion of support for biomedical re- vides seven times more funding as a share of Neurofibromatosis, Northeast; Texas GDP than does the United States, while search to ensure America’s standing as Neurofibromatosis Foundation; and Wash- Singapore and Taiwan provide five and three a world leader in this field. This is ington State Neurofibromatosis Families, times as much, respectively. France and the what we are talking about, a discre- One Voice Against Cancer, OWL-The Voice of United Kingdom also provide more than the tionary cap adjustment. That is what Women 40+, Parkinson’s Action Network, US, as a share of their economies. our bill would do to allow NIH to make Pediatric Stroke Network, Pulmonary Hy- This chart here vividly shows what up for lost ground. pertension Association, ResearchAmerica!, Scleroderma Foundation, Sleep Research So- has been happening in research invest- Here is what is happening. We are ciety, Society for Neuroscience, Society of ment just since 2011 as a percent of about $8 billion behind. By providing a Toxicology, Sudden Arrhythmia Death Syn- GDP: China, Brazil, South Korea, budget cap adjustment we can close dromes Foundation, United for Medical Re- India, UK, France, Japan, Germany, this gap by 2021 and bring it up to search, USAgainstAlzheimer’s. and Russia are increasing. In the where it should be if we could allow for RESEARCH INSTITUTIONS SUPPORTING THE BILL United States we are going in the increases due to inflation. Quite frank- Arizona: Banner Alzheimer’s Institute, wrong direction. ly, I guess I could argue we have to do Biodesign Research Institute of Arizona.

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.071 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4908 CONGRESSIONAL RECORD — SENATE July 24, 2014 California: Cedars-Sinai Medical Center, and ensure the survival of the State of planning, facilitation, care coordination, Salk Institute for Biological Studies, San- Israel, condemning the actions of Hamas, evaluation, and advocacy; ford-Burnham Medical Research Institute, and calling for the President of the Pales- Whereas the goal of case management is to UC San Diego Moores Cancer Center, UCSF tinian Authority to dissolve the unity gov- meet the health needs of the patient and the Helen Diller Family Comprehensive Cancer ernment with Hamas; family of the patient, while respecting and Center. Whereas, since June 2014, Hamas has fired assuring the right of the patient to self-de- Delaware: Yale University and Yale Cancer over 1,800 rockets at Israel; termination through communication and Center. Whereas Hamas has used a system of tun- other available resources in order to promote District of Columbia: The GW Cancer Insti- nels to smuggle weapons and launch attacks high-quality, cost-effective outcomes; tute. on Israel; Whereas case managers are advocates who Florida: Moffitt Cancer Center. Whereas, since ground operations in Gaza help patients understand their current Georgia: Emory University Winship Cancer began, the Israeli Defense Forces (IDF) have health status, guide patients on ways to im- Institute. discovered 28 of these tunnels whose only prove their health, and provide cohesion Illinois: University of Chicago Medicine purpose is to kill and kidnap Israelis; with other professionals on the health care Comprehensive Cancer Center. Whereas Hamas’ weapons arsenal includes delivery team; Iowa: University of Iowa Health Care. approximately 12,000 rockets that vary in Whereas the American Case Management Kansas: University of Kansas Cancer Cen- range; Association and the Case Management Soci- ter. Whereas innocent Israeli civilians are in- ety of America work diligently to raise Louisiana: Tulane University School of discriminately targeted by Hamas rocket at- awareness about the broad range of services Medicine. tacks; case managers offer and to educate pro- Maryland: Johns Hopkins University and Whereas 5,000,000 Israelis are currently liv- viders, payers, regulators, and consumers on the Sidney Kimmel Comprehensive Cancer ing under the threat of rocket attacks from the improved patient outcomes that case Center. Gaza; management services can provide; Massachusetts: Dana Farber Cancer Insti- Whereas the Iron Dome system has saved Whereas through National Case Manage- tute, Northeastern University, Tufts Univer- countless lives inside Israel; ment Week, the American Case Management sity. Whereas, consistent with Article 51 of the Association and the Case Management Soci- Michigan: Karmanos Cancer Center, Uni- United Nations charter, which recognizes a ety of America aim to continue to educate versity of Michigan Comprehensive Cancer nation’s right to self-defense, Israel must be providers, payers, regulators, and consumers Center. allowed to take any actions necessary to re- about how vital case managers are to the Minnesota: Mayo Clinic, University of move those threats; successful delivery of health care; Minnesota Masonic Cancer Center. Whereas the IDF has used text messages, Whereas the American Case Management Nebraska: Fred & Pamela Buffett Cancer leaflet drops, phone calls, and other methods Association and the Case Management Soci- Center. to clear out areas and avoid unnecessary ciety of America will celebrate National Case New Jersey: North Shore-LIJ Health Sys- vilian casualties; Management Week during the week of Octo- tem and its Feinstein Institute for Medical Whereas Hamas uses civilians in Gaza as ber 12 through October 18, 2014, in order to Research. human shields by placing missile launchers recognize case managers as an essential link New Mexico: Taos Health Systems, Inc., next to schools, hospitals, mosques, and pri- to patients receiving quality health care; University of New Mexico Cancer Center. vate homes; and New York: Associated Medical Schools of Whereas Hamas’ interior ministry has Whereas it is appropriate to recognize the New York, Memorial Sloan-Kettering Cancer called on residents of Gaza to ignore IDF many achievements of case managers in im- Center, New York Academy of Sciences, The warning to get out of harm’s way; and proving health care outcomes: Now, there- NYU Langone Medical Center, Roswell Park Whereas any effort to broker a ceasefire fore, be it Resolved, That the Senate— Cancer Institute, The State University of agreement that does not eliminate those (1) designates the week of October 12 New York System. threats cannot be sustained in the long run through October 18, 2014, as ‘‘National Case North Carolina: Duke Cancer Institute, and will leave Israel vulnerable to future at- Management Week’’; UNC Lineberger Comprehensive Cancer Cen- tacks: Now, therefore, be it Resolved, That the Senate— (2) recognizes the role of case management ter. (1) reaffirms its support for Israel’s right in providing successful and cost-effective Ohio: Cleveland Clinic Foundation, The to defend its citizens and ensure the survival health care; and Ohio State University Comprehensive Cancer of the State of Israel; (3) encourages the people of the United Center, James Cancer Hospital, and the (2) calls on the United Nations Secretary States to observe National Case Management Solove Cancer Institute, The Ohio State Uni- General to immediately condemn the ter- Week and learn about the field of case man- versity Wexner Medical Center, University of rorist attacks by Hamas on Israel; agement. Cincinnati. (3) urges the international community to Pennsylvania: University of Pittsburgh f condemn the unprovoked rocket fire at School of Medicine, The Wistar Institute. Israel; SENATE RESOLUTION 519—DESIG- South Carolina: Hollings Cancer Center. (4) recognizes that the Government of NATING AUGUST 16, 2014, AS ‘‘NA- Tennessee: Vanderbilt University Medical Israel must be allowed to take actions nec- Center and Vanderbilt-Ingram Cancer Cen- TIONAL AIRBORNE DAY’’ essary to remove the present and future ter. Ms. MURKOWSKI (for herself, Mr. threats posed by Hamas’ rockets and tun- Virginia: University of Virginia. nels; REED of Rhode Island, Mr. REID of Ne- Washington: Fred Hutchinson Cancer Re- (5) calls on Hamas to immediately cease all vada, Mr. MCCONNELL, Mrs. HAGAN, Mr. search Center. rocket and other attacks against Israel; WHITEHOUSE, Mr. BLUMENTHAL, Mrs. Utah: Huntsman Cancer Institute. (6) opposes any efforts to impose a cease MURRAY, Mr. MANCHIN, Mr. CASEY, Mr. f fire that does not allow for the Government RUBIO, Mr. BLUNT, Mr. BURR, Mr. SUBMITTED RESOLUTIONS of Israel to protect its citizens from threats BEGICH, Ms. AYOTTE, Mr. MORAN, Mr. posed by Hamas rockets and tunnels; and COCHRAN, Mr. TESTER, and Mr. WALSH) (7) calls on Hamas to stop using residents submitted the following resolution; SENATE RESOLUTION 517—EX- of Gaza as human shields. which was considered and agreed to: PRESSING SUPPORT FOR f S. RES. 519 ISRAEL’S RIGHT TO DEFEND SENATE RESOLUTION 518—DESIG- Whereas the members of the airborne ITSELF AND CALLING ON HAMAS NATING THE WEEK OF OCTOBER forces of the Armed Forces of the United TO IMMEDIATELY CEASE ALL 12 THROUGH OCTOBER 18, 2014, AS States have a long and honorable history as ROCKET AND OTHER ATTACKS ‘‘NATIONAL CASE MANAGEMENT bold and fierce warriors who, for the na- AGAINST ISRAEL WEEK’’ TO RECOGNIZE THE ROLE tional security of the United States and the defense of freedom and peace, project the Mr. GRAHAM (for himself, Mr. SCHU- OF CASE MANAGEMENT IN IM- ground combat power of the United States MER, Ms. AYOTTE, Mr. CARDIN, Mr. PROVING HEALTH CARE OUT- by air transport to the far reaches of the bat- RUBIO, and Mr. BLUMENTHAL) sub- COMES FOR PATIENTS tle area and to the far corners of the world; mitted the following resolution; which Mr. PRYOR (for himself and Mr. Whereas the experiment of the United was referred to the Committee on For- BOOZMAN) submitted the following res- States with airborne operations began on eign Relations: olution; which was referred to the June 25, 1940, when the Army Parachute Test Platoon was first authorized by the Depart- S. RES. 517 Committee on the Judiciary: ment of War, and 48 volunteers began train- Whereas, on July 17, 2014, the Senate S. RES. 518 ing in July 1940; unanimously passed a resolution supporting Whereas case management is a collabo- Whereas August 16 marks the anniversary Israel’s absolute right to defend its citizens rative process of assessment, education, of the first official Army parachute jump,

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.067 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4909 which took place on August 16, 1940, to test (2) calls on the people of the United States Airlines Flight 17, including unobstructed the innovative concept of inserting United to observe National Airborne Day with ap- access to the crash site; States ground combat forces behind a battle propriate programs, ceremonies, and activi- (4) calls on the Government of the Russian line by means of a parachute; ties. Federation to immediately stop the flow of Whereas the success of the Army Para- weapons and fighters across the border with f chute Test Platoon in the days immediately Ukraine, allow an Organization for Security before the entry of the United States into SENATE RESOLUTION 520—CON- and Co-operation in Europe (OSCE) moni- World War II validated the airborne oper- DEMNING THE DOWNING OF MA- toring mission on the border, and fully co- ational concept and led to the creation of a LAYSIA AIRLINES FLIGHT 17 operate with the international investigation formidable force of airborne formations that AND EXPRESSING CONDOLENCES currently underway; and included the 11th, 13th, 17th, 82nd, and 101st (5) urges the European Union to join the Airborne Divisions; TO THE FAMILIES OF THE VIC- United States Government in holding the Whereas, included in those divisions, and TIMS Government of the Russian Federation ac- among other separate formations, were Mr. MURPHY (for himself and Mr. countable for its destabilizing actions in many airborne combat, combat support, and JOHNSON of Wisconsin) submitted the Ukraine through the use of increased sanc- combat service support units that served following resolution; which was re- tions. with distinction and achieved repeated suc- f cess in armed hostilities during World War ferred to the Committee on Foreign II; Relations: SENATE RESOLUTION 521—DESIG- Whereas the achievements of the airborne S. RES. 520 NATING JULY 26, 2014, AS units during World War II prompted the evo- Whereas, on July 17, 2014, Malaysian Air- ‘‘UNITED STATES INTELLIGENCE lution of those units into a diversified force lines Flight 17 tragically crashed in eastern PROFESSIONALS DAY’’ of parachute and air-assault units that, over Ukraine, killing all 298 passengers and crew, the years, have fought in Korea, Vietnam, including 80 children; Mr. WARNER (for himself, Ms. MI- Grenada, Panama, the Persian Gulf region, Whereas President Barack Obama has of- KULSKI, Mr. BURR, Mrs. FEINSTEIN, Mr. and Somalia, and have engaged in peace- fered President of Ukraine Petro Poroshenko CHAMBLISS, Mr. ROCKEFELLER, Mr. keeping operations in Lebanon, the Sinai Pe- all possible assistance to determine the KING, Mr. WHITEHOUSE, Mr. RUBIO, Mr. ninsula, the Dominican Republic, Haiti, Bos- cause of the crash, including the services of UDALL of Colorado, and Mr. KAINE) sub- nia, and Kosovo; the Federal Bureau of Investigations and the mitted the following resolution; which Whereas, since the terrorist attacks of National Transportation Safety Board; September 11, 2001, the members of the was referred to the Committee on the Whereas intelligence analysis shows that Judiciary: United States airborne forces, including the plane was shot down by an antiaircraft members of the XVIII Airborne Corps, the missile fired from an area controlled by pro- S. RES. 521 82nd Airborne Division, the 101st Airborne Russian separatists; Whereas on July 26, 1908, Attorney General Division, the 173rd Airborne Brigade Combat Whereas separatists have shot down 10 ad- Charles Bonaparte ordered newly-hired Fed- Team, the 4th Brigade Combat Team (Air- ditional aircraft and took credit for shooting eral investigators to report to the Office of borne) of the 25th Infantry Division, the 75th down another aircraft at approximately the the Chief Examiner of the Department of Ranger Regiment, special operations forces same time as Malaysian Airlines Flight 17 Justice, which subsequently was renamed of the Army, Marine Corps, Navy, and Air crashed in eastern Ukraine; the Federal Bureau of Investigation; Force, and other units of the Armed Forces, Whereas separatists blocked international Whereas on July 26, 1947, President Tru- have demonstrated bravery and honor in experts from accessing the crash site in the man signed the National Security Act of 1947 combat, stability, and training operations in first 72 hours, preventing the proper care of (50 U.S.C. 3001 et seq.), creating the Depart- Afghanistan and Iraq; the victims’ bodies and allowing evidence ment of Defense, the National Security Whereas the modern-day airborne forces from the crash to be removed and mis- Council, the Central Intelligence Agency, also include other elite forces composed of handled; and the Joint Chiefs of Staff, thereby laying airborne trained and qualified special oper- Whereas weapons and fighters have contin- the foundation for today’s intelligence com- ations warriors, including Army Special ued to flow across the border from the Rus- munity; Forces, Marine Corps Reconnaissance units, sian Federation to eastern Ukraine, and Whereas the National Security Act of 1947, Navy SEALs, and Air Force combat control there is evidence that the Government of the which appears in title 50 of the United States and pararescue teams; Russian Federation has been providing train- Code, governs the definition, composition, Whereas, of the members and former mem- ing to separatists fighters, including train- responsibilities, authorities, and oversight of bers of the United States airborne forces, ing on air defense systems; the intelligence community of the United thousands have achieved the distinction of Whereas this tragic incident has dem- States; making combat jumps, dozens have earned onstrated that European and other foreign Whereas the intelligence community is de- the Medal of Honor, and hundreds have citizens are at risk from dangerous insta- fined by section 3(4) of the National Security earned the Distinguished Service Cross, the bility in Ukraine; Act of 1947 (50 U.S.C. 3003(4)) to include the Silver Star, or other decorations and awards Whereas, on July 21, 2014, the United Na- Office of the Director of National Intel- for displays of heroism, gallantry, intre- tions Security Council condemned in the ligence, the Central Intelligence Agency, the pidity, and valor; strongest terms the downing of Malaysian National Security Agency, the Defense Intel- Whereas the members and former members Airlines Flight 17 and demanded that those ligence Agency, the National Geospatial-In- of the United States airborne forces are all responsible be held to account and that all telligence Agency, the National Reconnais- members of a proud and honorable tradition states fully cooperate with efforts to estab- sance Office, other offices within the Depart- that, together with the special skills and lish accountability; ment of Defense for the collection of special- achievements of those members, distin- Whereas British Prime Minister David ized national intelligence through reconnais- guishes the members as intrepid combat Cameron asserted, ‘‘Russia cannot expect to sance programs, the intelligence elements of parachutists, air assault forces, special oper- continue enjoying access to European mar- the Army, the Navy, the Air Force, the Ma- ation forces, and, in the past, glider troops; kets, European capital and European knowl- rine Corps, the Coast Guard, the Federal Bu- Whereas individuals from every State of edge and technical expertise while she fuels reau of Investigation, the Drug Enforcement the United States have served gallantly in conflict in one of Europe’s neighbors.’’; and Administration, and the Department of En- the airborne forces, and each State is proud Whereas the United States Government ergy, the Bureau of Intelligence and Re- of the contributions of its paratrooper vet- has continued to implement sanctions search of the Department of State, the Office erans during the many conflicts faced by the against Russian and Ukrainian individuals of Intelligence and Analysis of the Depart- United States; responsible for destabilizing Ukraine and ment of the Treasury, the elements of the Whereas the history and achievements of failing to end the violence: Now, therefore, Department of Homeland Security concerned the members and former members of the be it with the analysis of intelligence informa- United States airborne forces warrant spe- Resolved, That the Senate— tion, and other elements as may be des- cial expressions of the gratitude of the peo- (1) condemns the shooting down of Malay- ignated; ple of the United States; and sian Airlines Flight 17 in Eastern Ukraine Whereas July 26, 2012, was the 65th anni- Whereas, since the airborne forces, past that resulted in the deaths of all 298 pas- versary of the signing of the National Secu- and present, celebrate August 16 as the anni- sengers and crew; rity Act of 1947 (50 U.S.C. 3001 et seq.); versary of the first official jump by the (2) expresses its deepest condolences to the Whereas the Intelligence Reform and Ter- Army Parachute Test Platoon, August 16 is families of the victims and the people of the rorism Prevention Act of 2004 (Public Law an appropriate day to recognize as National Netherlands, Malaysia, Australia, Indonesia, 108–458; 118 Stat. 3638) created the position of Airborne Day: Now, therefore, be it Great Britain, Germany, Belgium, the Phil- the Director of National Intelligence to serve Resolved, That the Senate— ippines, Canada, and New Zealand; as the head of the intelligence community (1) designates August 16, 2014, as ‘‘National (3) supports the ongoing international in- and to ensure that national intelligence be Airborne Day’’; and vestigation into the attack on Malaysian timely, objective, independent of political

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.034 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4910 CONGRESSIONAL RECORD — SENATE July 24, 2014 considerations, and based upon all sources United States Government and African heads services, increase trade and investment, ad- available; of state and governments; dress environmental issues, improve resil- Whereas Congress has previously passed Whereas the U.S.-Africa Leaders Summit ience and food security, combat wildlife traf- joint resolutions, signed by the President, to will build on the President’s trip to Africa in ficking, invest in women, and support the designate Peace Officers Memorial Day on the summer of 2013 and will strengthen ties next generation of African leaders: Now, May 15, Patriot Day on September 11, and between the United States and one of the therefore, be it other commemorative occasions, to honor most dynamic and fastest growing regions in Resolved, That the Senate— the sacrifices of law enforcement officers and the world; (1) deeply values the historic United States of those who lost their lives on September 11, Whereas the United States Government commitment to Africa; 2001; has built strong and enduring partnerships (2) affirms a future commitment to in- Whereas the United States has increas- with African heads of state bilaterally and creased economic partnership with Africa; ingly relied upon the men and women of the through the United Nations, African Union, (3) supports innovations in development intelligence community to protect and de- and African regional institutions; and an expanded partnership with the pri- fend the security of the United States in the Whereas the United States Government vate sector, including in the areas of energy, decade since the attacks of September 11, has demonstrated its commitment to Afri- food security, and health; 2001; ca’s development and growth through re- (4) supports efforts to facilitate increased Whereas the men and women of the intel- sources, legislation, economic relationships, trade and investment between the United ligence community, both civilian and mili- and initiatives, including the African States and Africa, as well as amongst Afri- tary, have been increasingly called upon to Growth and Opportunity Act (19 U.S.C. 3701 can countries; deploy to theaters of war in Iraq, Afghani- et seq.), Power Africa, Feed the Future, Mil- (5) supports ongoing African-led efforts to stan, and elsewhere since September 11, 2001; lennium Challenge Corporation compacts, improve peacekeeping, prevent atrocities, Whereas numerous intelligence officers of and other efforts led by the Department of and combat violent extremism and ter- the elements of the intelligence community State, the United States Agency for Inter- rorism; have been injured or killed in the line of national Development, the Overseas Private (6) affirms the enduring partnership of the duty; Investment Corporation, the Department of people and Government of the United States Whereas intelligence officers of the United Commerce, and other agencies of the United with the African people, including the youth, States are routinely called upon to accept States Government; and urges African leaders to invest in this personal hardship and sacrifice in the fur- Whereas there are 10 authorized United Na- generation of young people, as well as the therance of their mission to protect the tions peacekeeping operations in Africa with next generation; United States, to undertake dangerous as- over 94,000 United Nations peacekeepers (7) encourages leaders in Africa to make ef- signments in the defense of the interests of working to promote peace and stability for forts toward strengthening good governance, the United States, to collect reliable infor- over 131,000,000 people across the continent, the rule of law, and democracy, including re- mation within prescribed legal authorities in addition to additional missions led by the specting constitutional term limits, human upon which the leaders of the United States African Union, with United States and inter- rights, and ensuring that civil society orga- rely in life-and-death situations, and to national support and training; nizations are able to function freely in their Whereas the United States has served as ‘‘speak truth to power.’’ by providing their countries; the global leader in investments and innova- best assessments to decision makers, regard- (8) supports ongoing efforts to protect and tions in health across Africa, contributing less of political and policy considerations; promote women and children, including significant resources to improvements in Whereas the men and women of the intel- through investments in education and ma- health over the past two decades through ligence community have on numerous occa- ternal, newborn, and child health; United States-led programs such as the sions succeeded in preventing attacks upon (9) reaffirms the strong United States in- President’s Emergency Plan for AIDS Relief the United States and allies of the United vestment in health in Africa, and anticipates (PEPFAR), the President’s Malaria Initia- States, saving numerous innocent lives; and leaders in Africa making greater and sus- tive (PMI), and the Global Alliance for Vac- Whereas intelligence officers of the United tainable investments in healthcare; cines and Immunization (GAVI); States must of necessity often remain un- Whereas, through its investments in health (10) commends African investments in pre- known and unrecognized for their substan- across 16 priority countries in Africa over venting wildlife trafficking and supports fur- tial achievements and successes: Now, there- the last two decades, the United States Gov- ther investments, including training and fore, be it ernment has contributed to the reduction of equipping enforcement teams in Africa; Resolved, That the Senate— child mortality rates by 44 percent and the (11) urges African heads of state to take (1) designates July 26, 2014, as ‘‘United reduction of maternal mortality rates by 39 concrete steps to implement reforms that States Intelligence Professionals Day’’; percent; will further economic growth, good govern- (2) acknowledges the courage, fidelity, sac- Whereas the majority of the fastest grow- ance, democracy, peace, security, rule of rifice, and professionalism of the men and ing economies in the world are in Africa, and law, and development; and women of the intelligence community of the the continent’s steady annual economic (12) expresses support for the U.S.-Africa United States; and growth rate of 5 percent has exceeded that of Leaders Summit from August 4 through Au- (3) encourages the people of the United other regions in the world; gust 6, 2014. States to observe this day with appropriate Whereas there are currently 1,000,000,000 f ceremonies and activities. Africans representing the fastest growing SENATE RESOLUTION 523—EX- f population in the world, and by 2035, the Af- rican continent will have the world’s largest PRESSING THE SENSE OF THE SENATE RESOLUTION 522—EX- workforce; SENATE ON THE IMPORTANCE PRESSING THE SENSE OF THE Whereas individual nations in Africa and OF THE UNITED STATES-INDIA SENATE SUPPORTING THE U.S.- the African Union have made significant STRATEGIC PARTNERSHIP AND AFRICA LEADERS SUMMIT TO BE achievements and remarkable progress since THE CONTINUED DEEPENING OF HELD IN WASHINGTON, D.C. the inception of the African Union 51 years BILATERAL TIES WITH INDIA FROM AUGUST 4 THROUGH 6, 2014 ago and its transition from the Organization of African Unity; Mr. WARNER (for himself, Mr. COR- Mr. COONS (for himself, Mr. FLAKE, Whereas the United States Government, NYN, Mr. KAINE, and Mr. RISCH) sub- Mr. MENENDEZ, and Mr. CORKER) sub- recognizing the importance of Africa’s youth mitted the following resolution; which mitted the following resolution; which and future generations, has invested in the was referred to the Committee on For- was referred to the Committee on For- next generation of African entrepreneurs, eign Relations: eign Relations: educators, civic leaders, and innovators, including through the United States-led Young S. RES. 523 S. RES. 522 African Leaders Initiative (YALI), helping Whereas the United States-India relation- Whereas the United States will convene them develop skills and networks to build ship is built on mutual respect for common the first U.S.-Africa Leaders Summit from brighter futures for their communities and values, including democracy, the rule of law, August 4 through August 6, 2014, featuring a countries; and a market economy, and ethnic and religious congressional reception welcoming African Whereas the United States Government is diversity, and bolstered by strong people-to- heads of state, the U.S.-Africa Business looking forward to hosting 50 heads of state people ties, including a 3,000,000 strong In- Forum, the African Growth and Opportunity and the Chair of the African Union at the dian American diaspora; Act (AGOA) Forum, and dialogue sessions U.S.-Africa Leaders Summit to demonstrate Whereas the Senate places tremendous between Africa leaders and President Barack the United States commitment to Africa, value on the relationship with India, and the Obama on investing in Africa’s future, pro- deepen partnerships, and determine concrete bipartisan Senate India Caucus comprises 40 moting peace and regional stability, and ways that the United States can support Af- Senators and is the largest bilateral caucus governing for the next generation; rican-led efforts to further peace and rein the Senate; Whereas the U.S.-Africa Leaders Summit gional security, advance democracy and good Whereas the United States and India have will be the largest event held between the governance, improve health and education a unique opportunity, in the early days of

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.036 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4911 the new administration in India, to refresh SENATE CONCURRENT RESOLU- (4) supports the sovereign right of the Gov- the United States-India relationship and TION 41—DENOUNCING THE USE ernment of Israel to defend its territory and work cooperatively to make progress that OF CIVILIANS AS HUMAN stop the rocket attacks on its citizens; will benefit both of our countries in a broad SHIELDS BY HAMAS AND OTHER (5) expresses condolences to the families of range of areas, including education, skills the innocent victims on both sides of the development, infrastructure, and energy; TERRORIST ORGANIZATIONS IN conflict; Whereas a strong economic partnership be- VIOLATION OF INTERNATIONAL (6) supports Palestinian civilians who re- tween India and the United States requires a HUMANITARIAN LAW ject Hamas and all forms of terrorism, desir- mutual respect for innovation; ing to live in peace with their Israeli neigh- Whereas an investment environment that Mr. CRUZ (for himself and Mrs. bors; and fosters continued research and development GILLIBRAND) submitted the following (7) calls on Mahmoud Abbas to condemn and the bilateral relationship between the concurrent resolution; which was re- the use of innocent civilians as human United States and India has resulted in al- ferred to the Committee on Foreign shields by Hamas and other terrorist organi- most $100,000,000,000 in trade of goods and Relations: zations. services in 2013; f Whereas the United States-India relation- S. CON. RES. 41 ship is vital to promoting stability, democ- Whereas the term ‘‘human shields’’ refers AMENDMENTS SUBMITTED AND racy, and economic prosperity in the 21st to the use of civilians, prisoners of war, or PROPOSED century; other noncombatants whose mere presence is SA 3626. Mr. BLUNT (for himself, Ms. Whereas defense and security ties have led designed to protect combatants and objects AYOTTE, Mr. CHAMBLISS, Mr. COBURN, Mrs. to nearly $10,000,000,000 in defense trade, and from attack; FISCHER, Mr. GRASSLEY, Mr. HATCH, Mr. the United States-India Defense Trade and Whereas the use of human shields violates JOHANNS, Mr. JOHNSON of Wisconsin, Mr. Technology Initiative has facilitated greater international humanitarian law (also re- KIRK, Mr. PORTMAN, Mr. PRYOR, Mr. SCOTT, cooperation on joint development of defense ferred to as the Law of War or Law of Armed Mr. VITTER, and Mr. HELLER) submitted an platforms; Conflict); Whereas counterterrorism cooperation is a amendment intended to be proposed by him Whereas Additional Protocol I, Article to the bill S. 2569, to provide an incentive for growing and important aspect of the partner- 50(1) to the Geneva Convention defines ‘‘ci- ship given the terrorist threats faced by both businesses to bring jobs back to America; vilian’’ as, ‘‘[a]ny person who does not be- which was ordered to lie on the table. countries, including from groups such as al long to one of the categories of persons re- Qaeda and Lashkar-e-Taiba; SA 3627. Mr. BOOZMAN submitted an ferred to in Article 4(A)(1), (2), (3), and (6) of amendment intended to be proposed by him Whereas the United States values India’s the Third Convention and in Article 43 of role as a net security provider in the Indian to the bill S. 2569, supra; which was ordered this Protocol. In the case of doubt whether a to lie on the table. Ocean Region and promoter of regional sta- person is a civilian, that person shall be con- bility and maritime security in the Asian SA 3628. Mr. GRASSLEY submitted an sidered a civilian.’’; amendment intended to be proposed by him Pacific region; and Whereas Additional Protocol I, Article Whereas India is a close partner of the to the bill S. 2569, supra; which was ordered 51(7) to the Geneva Convention states, ‘‘[T]he to lie on the table. United States in Afghanistan, has com- presence or movement of the civilian popu- mitted over $2,000,000,000 in development as- SA 3629. Mr. BLUNT submitted an amend- lation or individual civilians shall not be ment intended to be proposed by him to the sistance, and shares the United States’ goal used to render certain points or areas im- of a stable, democratic, and prosperous Af- bill S. 2569, supra; which was ordered to lie mune from military operations, in particular ghanistan; Now, therefore, be it on the table. in attempts to shield military objectives Resolved, It is the sense of the Senate SA 3630. Mr. PAUL submitted an amend- that— from attacks or to shield, favour or impede ment intended to be proposed by him to the (1) Prime Minister Narenda Modi should be military operations. The Parties to the con- bill S. 2569, supra; which was ordered to lie able to address the United States Congress flict shall not direct the movement of the ci- on the table. at the earliest opportunity; vilian population or individual civilians in SA 3631. Mr. BARRASSO (for himself and (2) the United States Government should order to attempt to shield military objec- Mr. HATCH) submitted an amendment in- develop a clear strategic plan for its rela- tives from attacks or to shield military oper- tended to be proposed by him to the bill S. tionship with India and hold a robust stra- ations.’’; 2569, supra; which was ordered to lie on the tegic dialogue in New Delhi that lays out Whereas, since June 15, 2014, there have table. clear objectives and deliverables to set a been over 2,000 rockets fired by Hamas and SA 3632. Mr. THUNE (for himself, Mr. positive trajectory for the relationship and other terrorist organizations from Gaza into TOOMEY, Ms. AYOTTE, Mr. MCCAIN, Mr. ROB- moves from dialogue to action to build a Israel; ERTS, Mr. RUBIO, Mr. CRUZ, Mr. LEE, and Mr. path forward for more ambitious coopera- Whereas Hamas uses civilian populations FLAKE) submitted an amendment intended to tion; as human shields by placing its underground be proposed by him to the bill S. 2569, supra; (3) the United States nominate and con- tunnel network and missile batteries in which was ordered to lie on the table. SA 3633. Mr. THUNE (for himself, Mr. firm an Ambassador to India as soon as pos- densely populated areas, and in and around TOOMEY, Ms. AYOTTE, Mr. MCCAIN, Mr. ENZI, sible; schools, hospitals, and mosques; Mr. BLUNT, Mr. ROBERTS, Mr. RUBIO, Mr. (4) the United States and India should con- Whereas Israel drops leaflets, makes an- CRUZ, Mr. LEE, Mr. FLAKE, and Mrs. FISCHER) tinue to expand economic engagement, in- nouncements, places phone calls and sends submitted an amendment intended to be pro- cluding finalizing a bilateral investment text messages to the Palestinian people in posed by him to the bill S. 2569, supra; which treaty and reviving the Trade Policy Forum; Gaza warning them in advance that an at- was ordered to lie on the table. (5) the United States Government should tack is imminent, and goes to extraordinary SA 3634. Mr. THUNE (for himself, Mr. ROB- urge the Government of India to continue lengths to target only terrorist actors; Whereas Hamas has urged the residents of ERTS, and Ms. COLLINS) submitted an amend- with its economic liberalization reforms, in- ment intended to be proposed by him to the cluding lifting the caps on foreign direct in- Gaza to ignore the Israeli warnings and to remain in their houses and has encouraged bill S. 2569, supra; which was ordered to lie vestment and taking steps to enhance pro- on the table. tections for intellectual property, and con- Palestinians to gather on the roofs of their homes to act as human shields; and SA 3635. Mr. THUNE (for himself, Mr. ROB- sider discussions with other Asia-Pacific ERTS, and Mr. ISAKSON) submitted an amend- Economic Cooperation (APEC) forum na- Whereas Hamas, al Qaeda, Hezbollah, Al- Shabaab, Islamic State of Iraq and the Le- ment intended to be proposed by him to the tions about Indian membership in APEC; bill S. 2569, supra; which was ordered to lie (6) the United States and India should ex- vant (ISIL) and other foreign terrorist organizations typically use innocent civilians as on the table. pand energy cooperation, by India fully im- SA 3636. Mr. THUNE (for himself, Mr. human shields: Now, therefore, be it plementing the 2008 civil nuclear pact, and TOOMEY, Mr. ROBERTS, Mr. LEE, Mr. FLAKE, the United States pursuing increased export Resolved by the Senate (the House of Rep- and Ms. COLLINS) submitted an amendment of liquefied natural gas to India; resentatives concurring), That Congress— intended to be proposed by him to the bill S. (7) the United States and India should con- (1) strongly condemns the brutal and ille- 2569, supra; which was ordered to lie on the tinue to deepen defense and security co- gal tactic by Hamas and other terrorist orga- table. operation, to include expanded joint exer- nizations of using innocent civilians as SA 3637. Mr. FLAKE submitted an amend- cises and training, sales and co-production, human shields; ment intended to be proposed by him to the holding a ‘‘2+2’’ meeting of senior defense (2) calls on the international community bill S. 2569, supra; which was ordered to lie and foreign affairs officials, and reestab- to recognize the grave breaches of inter- on the table. lishing the Defense Policy Group; and national law committed by Hamas in using SA 3638. Mr. MORAN (for himself and Mr. (8) the United States Government should human shields; BROWN) submitted an amendment intended urge the Government of India to modify its (3) places responsibility for launching the to be proposed by him to the bill S. 2569, offset regime so funds can flow to a second rocket attacks on Hamas and other terrorist supra; which was ordered to lie on the table. tier of Indian priorities such as education, organizations, such as Islamic Jihad, in SA 3639. Mr. MORAN (for himself, Mr. ROB- skills development, or manufacturing. Gaza; ERTS, Mr. INHOFE, Mr. CRUZ, and Mr. CORNYN)

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.024 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4912 CONGRESSIONAL RECORD — SENATE July 24, 2014 submitted an amendment intended to be pro- SA 3657. Mr. HATCH (for himself, Mr. be proposed by him to the bill S. 2569, supra; posed by him to the bill S. 2569, supra; which ALEXANDER, Ms. AYOTTE, Mr. BARRASSO, Mr. which was ordered to lie on the table. was ordered to lie on the table. BLUNT, Mr. BURR, Mr. COATS, Mr. COBURN, SA 3675. Mr. BARRASSO submitted an SA 3640. Mrs. SHAHEEN (for herself, Mrs. Ms. COLLINS, Mr. CORNYN, Mr. CRAPO, Mr. amendment intended to be proposed by him BOXER, Mrs. MURRAY, and Mrs. GILLIBRAND) ENZI, Mrs. FISCHER, Mr. FLAKE, Mr. GRASS- to the bill S. 2569, supra; which was ordered submitted an amendment intended to be pro- LEY, Mr. JOHANNS, Mr. MCCAIN, Mr. to lie on the table. posed by her to the bill S. 2569, supra; which PORTMAN, Mr. ROBERTS, Mr. RUBIO, Mr. SA 3676. Mr. BARRASSO submitted an was ordered to lie on the table. THUNE, Mr. GRAHAM, and Mr. SCOTT) sub- amendment intended to be proposed by him SA 3641. Mrs. SHAHEEN submitted an mitted an amendment intended to be pro- to the bill S. 2569, supra; which was ordered amendment intended to be proposed by her posed by him to the bill S. 2569, supra; which to lie on the table. to the bill S. 2569, supra; which was ordered was ordered to lie on the table. SA 3677. Mr. BARRASSO submitted an to lie on the table. SA 3658. Mr. SANDERS (for himself, Mr. amendment intended to be proposed by him SA 3642. Mrs. SHAHEEN submitted an LEAHY, and Mr. BROWN) submitted an amend- to the bill S. 2569, supra; which was ordered amendment intended to be proposed by her ment intended to be proposed by him to the to lie on the table. to the bill S. 2569, supra; which was ordered bill S. 2569, supra; which was ordered to lie SA 3678. Mr. JOHANNS submitted an to lie on the table. on the table. amendment intended to be proposed by him SA 3643. Mr. BEGICH submitted an amend- SA 3659. Mr. SANDERS (for himself and to the bill S. 2569, supra; which was ordered ment intended to be proposed by him to the Mr. BEGICH) submitted an amendment in- to lie on the table. bill S. 2410, to authorize appropriations for tended to be proposed to amendment SA 3608 SA 3679. Mr. JOHANNS (for himself and fiscal year 2015 for military activities of the submitted by Mr. PAUL and intended to be Mr. TESTER) submitted an amendment in- Department of Defense, for military con- proposed to the bill S. 2569, supra; which was tended to be proposed by him to the bill S. struction, and for defense activities of the ordered to lie on the table. 2569, supra; which was ordered to lie on the Department of Energy, to prescribe military SA 3660. Mr. SANDERS (for himself, Mr. table. personnel strengths for such fiscal year, and LEAHY, and Mr. BROWN) submitted an amend- SA 3680. Mr. JOHANNS submitted an for other purposes; which was ordered to lie ment intended to be proposed by him to the amendment intended to be proposed by him on the table. bill S. 2569, supra; which was ordered to lie to the bill S. 2569, supra; which was ordered SA 3644. Mr. BEGICH submitted an amend- on the table. to lie on the table. SA 3661. Mr. SCHUMER submitted an ment intended to be proposed by him to the SA 3681. Mr. BOOZMAN submitted an amendment intended to be proposed by him bill S. 2410, supra; which was ordered to lie amendment intended to be proposed by him to the bill S. 2410, to authorize appropria- on the table. to the bill S. 2569, supra; which was ordered tions for fiscal year 2015 for military activi- SA 3645. Mr. COCHRAN submitted an to lie on the table. ties of the Department of Defense, for mili- amendment intended to be proposed by him SA 3682. Mr. BOOZMAN submitted an tary construction, and for defense activities to the bill S. 2569, to provide an incentive for amendment intended to be proposed by him of the Department of Energy, to prescribe businesses to bring jobs back to America; to the bill S. 2569, supra; which was ordered military personnel strengths for such fiscal which was ordered to lie on the table. to lie on the table. year, and for other purposes; which was or- SA 3646. Mr. ISAKSON submitted an SA 3683. Mr. BOOZMAN submitted an dered to lie on the table. amendment intended to be proposed by him amendment intended to be proposed by him SA 3662. Mr. PORTMAN submitted an to the bill S. 2569, supra; which was ordered to the bill S. 2569, supra; which was ordered amendment intended to be proposed by him to lie on the table. to lie on the table. to the bill S. 2569, to provide an incentive for SA 3647. Mr. COATS submitted an amend- SA 3684. Mr. BOOZMAN submitted an businesses to bring jobs back to America; ment intended to be proposed by him to the amendment intended to be proposed by him bill S. 2569, supra; which was ordered to lie which was ordered to lie on the table. SA 3663. Mr. PORTMAN (for himself and to the bill S. 2569, supra; which was ordered on the table. to lie on the table. SA 3648. Mr. COATS submitted an amend- Mrs. MCCASKILL) submitted an amendment SA 3685. Ms. COLLINS (for herself and Mr. ment intended to be proposed by him to the intended to be proposed by him to the bill S. CASEY) submitted an amendment intended to bill S. 2569, supra; which was ordered to lie 2569, supra; which was ordered to lie on the be proposed by her to the bill S. 2569, supra; on the table. table. which was ordered to lie on the table. SA 3649. Mr. COATS submitted an amend- SA 3664. Mr. HATCH (for himself and Mr. SA 3686. Ms. COLLINS submitted an ment intended to be proposed by him to the JOHANNS) submitted an amendment intended amendment intended to be proposed by her bill S. 2569, supra; which was ordered to lie to be proposed by him to the bill S. 2569, to the bill S. 2569, supra; which was ordered on the table. supra; which was ordered to lie on the table. to lie on the table. SA 3650. Mr. COATS submitted an amend- SA 3665. Mr. INHOFE submitted an amend- SA 3687. Ms. COLLINS submitted an ment intended to be proposed by him to the ment intended to be proposed by him to the amendment intended to be proposed by her bill S. 2569, supra; which was ordered to lie bill S. 2569, supra; which was ordered to lie to the bill S. 2569, supra; which was ordered on the table. on the table. to lie on the table. SA 3651. Mr. KIRK (for himself and Mr. SA 3666. Mr. HOEVEN (for himself and Mr. THUNE) submitted an amendment intended to SA 3688. Mr. MENENDEZ submitted an COONS) submitted an amendment intended to be proposed by him to the bill S. 2569, supra; be proposed by him to the bill S. 2569, supra; amendment intended to be proposed by him which was ordered to lie on the table. which was ordered to lie on the table. to the bill S. 2410, to authorize appropria- SA 3667. Mr. HOEVEN (for himself and Mr. SA 3652. Mr. KIRK (for himself, Ms. tions for fiscal year 2015 for military activi- JOHANNS) submitted an amendment intended ties of the Department of Defense, for mili- AYOTTE, Mr. CORNYN, Mr. ISAKSON, Mr. ROB- to be proposed by him to the bill S. 2569, tary construction, and for defense activities ERTS, Mr. HELLER, Mr. HOEVEN, and Mr. supra; which was ordered to lie on the table. of the Department of Energy, to prescribe HATCH) submitted an amendment intended to SA 3668. Mr. HOEVEN submitted an be proposed by him to the bill S. 2569, supra; military personnel strengths for such fiscal amendment intended to be proposed by him which was ordered to lie on the table. year, and for other purposes; which was or- to the bill S. 2569, supra; which was ordered SA 3653. Mr. FLAKE submitted an amend- dered to lie on the table. to lie on the table. SA 3689. Mrs. FISCHER (for herself and Mr. ment intended to be proposed by him to the SA 3669. Mr. HOEVEN submitted an bill S. 2569, supra; which was ordered to lie KING) submitted an amendment intended to amendment intended to be proposed by him be proposed by her to the bill S. 2569, to pro- on the table. to the bill S. 2569, supra; which was ordered SA 3654. Mr. FLAKE submitted an amend- vide an incentive for businesses to bring jobs to lie on the table. back to America; which was ordered to lie on ment intended to be proposed by him to the SA 3670. Mr. HOEVEN submitted an bill S. 2569, supra; which was ordered to lie the table. amendment intended to be proposed by him SA 3690. Mr. REID (for Mr. RUBIO) proposed on the table. to the bill S. 2569, supra; which was ordered SA 3655. Mr. GRASSLEY submitted an an amendment to the resolution S. Res. 462, to lie on the table. recognizing the Khmer and Lao/Hmong Free- amendment intended to be proposed by him SA 3671. Mr. KIRK submitted an amend- dom Fighters of Cambodia and Laos for sup- to the bill S. 2569, supra; which was ordered ment intended to be proposed by him to the porting and defending the United States to lie on the table. bill S. 2569, supra; which was ordered to lie Armed Forces during the conflict in South- SA 3656. Mr. HATCH (for himself, Mr. on the table. east Asia. ALEXANDER, Ms. AYOTTE, Mr. BARRASSO, Mr. SA 3672. Mr. PRYOR submitted an amend- BLUNT, Mr. BURR, Mr. COATS, Mr. COBURN, ment intended to be proposed by him to the f Ms. COLLINS, Mr. CORNYN, Mr. CRAPO, Mr. bill S. 2569, supra; which was ordered to lie ENZI, Mr. FLAKE, Mr. GRASSLEY, Mr. ISAK- on the table. TEXT OF AMENDMENTS SON, Mr. JOHANNS, Mr. LEE, Mr. MCCAIN, Mr. SA 3673. Mr. PRYOR submitted an amend- SA 3626. Mr. BLUNT (for himself, Ms. PORTMAN, Mr. ROBERTS, Mr. RUBIO, Mr. ment intended to be proposed by him to the AYOTTE, Mr. CHAMBLISS, Mr. COBURN, THUNE, Mr. TOOMEY, Mr. GRAHAM, and Mr. bill S. 2569, supra; which was ordered to lie SCOTT) submitted an amendment intended to on the table. Mrs. FISCHER, Mr. GRASSLEY, Mr. be proposed by him to the bill S. 2569, supra; SA 3674. Mr. WARNER (for himself and Mr. HATCH, Mr. JOHANNS, Mr. JOHNSON of which was ordered to lie on the table. PRYOR) submitted an amendment intended to Wisconsin, Mr. KIRK, Mr. PORTMAN, Mr.

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(c) PROHIBITION ON CERTAIN PROSECU- (c) EFFECTIVE DATE.—The amendment bill S. 2569, to provide an incentive for TIONS.—No prosecution may be commenced made by this section shall apply to fuel sold or maintained against any physician or pa- businesses to bring jobs back to Amer- or used after December 31, 2013. tient for a violation of any Federal law (in- ica; which was ordered to lie on the (d) SPECIAL RULE FOR CERTAIN PERIODS cluding regulations) that prohibits the con- table; as follows: DURING 2014.—Notwithstanding any other duct described in subsection (b) if the State At the end, add the following: provision of law, in the case of any biodiesel in which the violation occurred has in effect SEC. ll. EMPLOYEES WITH HEALTH COVERAGE mixture credit properly determined under a law described in subsection (b) before, on, UNDER TRICARE OR THE VETERANS section 6426(c) of the Internal Revenue Code or after the date on which the violation oc- ADMINISTRATION MAY BE EXEMPT- of 1986 for periods after December 31, 2013, curred, including— ED FROM EMPLOYER MANDATE and before the date of the enactment of this (1) Alabama; UNDER PATIENT PROTECTION AND Act, such credit shall be allowed, and any re- (2) Alaska; AFFORDABLE CARE ACT. fund or payment attributable to such credit (3) Arizona; (a) IN GENERAL.—Section 4980H(c)(2) of the (including any payment under section 6427(e) (4) California; Internal Revenue Code is amended by adding of such Code) shall be made, only in such (5) Colorado; at the end the following: manner as the Secretary of the Treasury (or (6) Connecticut; ‘‘(F) EXEMPTION FOR HEALTH COVERAGE the Secretary’s delegate) shall provide. Such (7) Delaware; UNDER TRICARE OR THE VETERANS ADMINISTRA- Secretary shall issue guidance within 30 days (8) the District of Columbia; TION.—Solely for purposes of determining after the date of the enactment of this Act (9) Florida; whether an employer is an applicable large providing for a one-time submission of (10) Hawaii; employer under this paragraph for any claims covering periods described in the pre- (11) Illinois; month, an employer may elect not to take ceding sentence. Such guidance shall provide (12) Iowa; into account for a month as an employee any for a 180-day period for the submission of (13) Kentucky; individual who, for such month, has medical such claims (in such manner as prescribed by (14) Maine; coverage under— such Secretary) to begin not later than 30 (15) Maryland; ‘‘(i) chapter 55 of title 10, United States days after such guidance is issued. Such (16) Massachusetts; Code, including coverage under the claims shall be paid by such Secretary not (17) Michigan; TRICARE program, or later than 60 days after receipt. If such Sec- (18) Minnesota; ‘‘(ii) under a health care program under retary has not paid pursuant to a claim filed (19) Mississippi; chapter 17 or 18 of title 38, United States under this subsection within 60 days after (20) Missouri; Code, as determined by the Secretary of Vet- the date of the filing of such claim, the (21) Montana; erans Affairs, in coordination with the Sec- claim shall be paid with interest from such (22) Nevada; retary of Health and Human Services and the date determined by using the overpayment (23) New Hampshire; Secretary.’’. rate and method under section 6621 of such (24) New Jersey; (b) EFFECTIVE DATE.—The amendment Code. (25) New Mexico; made by subsection (a) shall apply to months (26) Oregon; beginning after December 31, 2013. SA 3629. Mr. BLUNT submitted an (27) Rhode Island; amendment intended to be proposed by (28) South Carolina; SA 3627. Mr. BOOZMAN submitted an him to the bill S. 2569, to provide an in- (29) Tennessee; amendment intended to be proposed by centive for businesses to bring jobs (30) Utah; him to the bill S. 2569, to provide an in- back to America; which was ordered to (31) Vermont; centive for businesses to bring jobs lie on the table; as follows: (32) Washington; and back to America; which was ordered to (33) Wisconsin. lie on the table; as follows: At the appropriate place, insert the following: At the end, insert the following: SA 3631. Mr. BARRASSO (for himself SEC. lll. POINT OF ORDER AGAINST LEGISLA- and Mr. HATCH) submitted an amend- SEC. 4. ELIGIBILITY FOR CHILD TAX CREDIT. TION THAT WOULD CREATE A TAX (a) IN GENERAL.—Subsection (e) of section OR FEE ON CARBON EMISSIONS. ment intended to be proposed by him 24 of the Internal Revenue Code of 1986 is (a) POINT OF ORDER.—It shall not be in to the bill S. 2569, to provide an incen- amended by striking ‘‘under this section to a order in the Senate to consider any bill, tive for businesses to bring jobs back taxpayer’’ and all that follows and inserting joint resolution, motion, amendment, or con- to America; which was ordered to lie ‘‘under this section to any taxpayer unless— ference report that includes a Federal tax or on the table; as follows: ‘‘(1) such taxpayer includes the taxpayer’s fee imposed on carbon emissions from any At the appropriate place, insert the fol- valid identification number (as defined in product or entity that is a direct or indirect lowing: section 6428(h)(2)) on the return of tax for the source of the emissions. ll taxable year, and (b) WAIVER AND APPEAL.— SEC. . PROTECTING PATIENTS FROM HIGHER PREMIUMS. ‘‘(2) with respect to any qualifying child, (1) WAIVER.—Subsection (a) may be waived the taxpayer includes the name and taxpayer or suspended in the Senate only by an af- Section 9010 of the Patient Protection and identification number of such qualifying firmative vote of three-fifths of the Mem- Affordable Care Act (Public Law 111–148), as child on such return of tax.’’. bers, duly chosen and sworn. amended by section 10905 of such Act and by section 1406 of the Health Care and Edu- (b) EFFECTIVE DATE.—The amendment (2) APPEAL.—An affirmative vote of three- made by this section shall apply to taxable fifths of the Members of the Senate, duly cation Reconciliation Act of 2010 (Public years beginning after the date of the enact- chosen and sworn, shall be required to sus- Law 111–152), is repealed. ment of this Act. tain an appeal of the ruling of the Chair on a point of order raised under subsection (a). SA 3632. Mr. THUNE (for himself, Mr. SA 3628. Mr. GRASSLEY submitted TOOMEY, Ms. AYOTTE, Mr. MCCAIN, Mr. an amendment intended to be proposed SA 3630. Mr. PAUL submitted an ROBERTS, Mr. RUBIO, Mr. CRUZ, Mr. by him to the bill S. 2569, to provide an amendment intended to be proposed by LEE, and Mr. FLAKE) submitted an incentive for businesses to bring jobs him to the bill S. 2569, to provide an in- amendment intended to be proposed by back to America; which was ordered to centive for businesses to bring jobs him to the bill S. 2569, to provide an in- lie on the table; as follows: back to America; which was ordered to centive for businesses to bring jobs At the end, add the following: lie on the table; as follows: back to America; which was ordered to SEC. ll. EXTENSION OF INCENTIVES FOR BIO- At the appropriate place, insert the fol- lie on the table; as follows: DIESEL AND RENEWABLE DIESEL. lowing: At the appropriate place, insert the fol- (a) CREDITS FOR BIODIESEL AND RENEWABLE SEC. lll. FEDERALISM IN MEDICAL MARI- lowing: DIESEL USED AS FUEL.—Subsection (g) of sec- JUANA. SEC. lll. PERMANENT MORATORIUM ON tion 40A of the Internal Revenue Code of 1986 (a) DEFINITION OF STATE.—In this section, INTERNET ACCESS TAXES AND MUL- is amended by striking ‘‘December 31, 2013’’ the term ‘‘State’’ has the meaning given TIPLE AND DISCRIMINATORY TAXES and inserting ‘‘December 31, 2015’’. that term under section 102 of the Controlled ON ELECTRONIC COMMERCE. (b) EXCISE TAX CREDITS AND OUTLAY PAY- Substances Act (21 U.S.C. 802). (a) FINDINGS.—Congress makes the fol- MENTS FOR BIODIESEL AND RENEWABLE DIESEL (b) STATE MEDICAL MARIJUANA LAWS.—Not- lowing findings: FUEL MIXTURES.— withstanding section 708 of the Controlled (1) The Internet has continued to drive eco- (1) Paragraph (6) of section 6426(c) is Substances Act (21 U.S.C. 903) or any other nomic growth, productivity and innovation amended by striking ‘‘December 31, 2013’’ and provision of law (including regulations), a since the Internet Tax Freedom Act was first inserting ‘‘December 31, 2015’’. State may enact and implement a law that enacted in 1998.

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(2) The Internet promotes a nationwide (c) CONFORMING AMENDMENTS.— year by substituting ‘calendar year 2010’ for economic environment that facilitates inno- (1) The table of sections for subchapter C of ‘calendar year 1992’ in subparagraph (B) vation, promotes efficiency, and empowers chapter 11 of the Internal Revenue Code of thereof. people to broadly share their ideas. 1986 is amended by adding at the end the fol- ‘‘(2) ROUNDING.—If any amount as adjusted (3) According to the National Broadband lowing new item: under paragraph (1) is not a multiple of Plan, cost remains the biggest barrier to ‘‘Sec. 2210. Termination.’’. $10,000, such amount shall be rounded to the consumer broadband adoption. Keeping nearest multiple of $10,000.’’. (2) The table of sections for subchapter G Internet access affordable promotes con- (d) CONFORMING AMENDMENTS.— of chapter 13 of such Code is amended by add- sumer access to this critical gateway to jobs, (1) Section 2505(a) of such Code is amended ing at the end the following new item: education, healthcare, and entrepreneurial by striking the last sentence. opportunities, regardless of race, income, or ‘‘Sec. 2664. Termination.’’. (2) The heading for section 2505 of such neighborhood. (d) EFFECTIVE DATE.—The amendments Code is amended by striking ‘‘UNIFIED’’. (4) Small business owners rely heavily on made by this section shall apply to the es- (3) The item in the table of sections for affordable Internet access, providing them tates of decedents dying, and generation- subchapter A of chapter 12 of such Code re- with access to new markets, additional con- skipping transfers, after the date of the en- lating to section 2505 is amended to read as sumers, and an opportunity to compete in actment of this Act. follows: the global economy. SEC. lll. MODIFICATIONS OF GIFT TAX. ‘‘Sec. 2505. Credit against gift tax.’’. (5) Economists have recognized that exces- (a) COMPUTATION OF GIFT TAX.—Subsection (e) EFFECTIVE DATE.—The amendments sive taxation of innovative communications (a) of section 2502 of the Internal Revenue made by this section shall apply to gifts technologies reduces economic welfare more Code of 1986 is amended to read as follows: made on or after the date of the enactment than taxes on other sectors of the economy. ‘‘(a) COMPUTATION OF TAX.— of this Act. (6) The provision of affordable access to the ‘‘(1) IN GENERAL.—The tax imposed by sec- (f) TRANSITION RULE.— Internet is fundamental to the American tion 2501 for each calendar year shall be an (1) IN GENERAL.—For purposes of applying economy and access to it must be protected amount equal to the excess of— sections 1015(d), 2502, and 2505 of the Internal from multiple and discriminatory taxes at ‘‘(A) a tentative tax, computed under para- Revenue Code of 1986, the calendar year in the State and local level. graph (2), on the aggregate sum of the tax- which this Act is enacted shall be treated as (7) As a massive global network that spans able gifts for such calendar year and for each 2 separate calendar years one of which ends political boundaries, the Internet is inher- of the preceding calendar periods, over on the day before the date of the enactment ently a matter of interstate and foreign com- ‘‘(B) a tentative tax, computed under para- of this Act and the other of which begins on merce within the jurisdiction of the United graph (2), on the aggregate sum of the tax- such date of enactment. States Congress under article I, section 8, able gifts for each of the preceding calendar (2) APPLICATION OF SECTION 2504(b).—For clause 3 of the Constitution of the United periods. purposes of applying section 2504(b) of the In- States. ‘‘(2) RATE SCHEDULE.— ternal Revenue Code of 1986, the calendar (b) IN GENERAL.—Section 1101(a) of the ‘‘If the amount with re- The tentative tax is: year in which this Act is enacted shall be Internet Tax Freedom Act (47 U.S.C. 151 spect to which the ten- treated as one preceding calendar period. note) is amended by striking ‘‘ during the pe- tative tax to be com- riod beginning November 1, 2003, and ending puted is:. SA 3634. Mr. THUNE (for himself, Mr. November 1, 2014’’. Not over $10,000 ...... 18% of such amount. ROBERTS, and Ms. COLLINS) submitted (c) EFFECTIVE DATE.—The amendment Over $10,000 but not over $1,800, plus 20% of the ex- an amendment intended to be proposed made by this section shall apply to taxes im- $20,000. cess over $10,000. by him to the bill S. 2569, to provide an posed after the date of the enactment of this Over $20,000 but not over $3,800, plus 22% of the ex- Act. $40,000. cess over $20,000. incentive for businesses to bring jobs Over $40,000 but not over $8,200, plus 24% of the ex- back to America; which was ordered to Mr. THUNE (for himself, Mr. $60,000. cess over $40,000. lie on the table; as follows: SA 3633. Over $60,000 but not over $13,000, plus 26% of the TOOMEY, Ms. AYOTTE, Mr. MCCAIN, Mr. $80,000. excess over $60,000. At the appropriate place, insert the fol- ENZI, Mr. BLUNT, Mr. ROBERTS, Mr. Over $80,000 but not over $18,200, plus 28% of the lowing: RUBIO, Mr. CRUZ, Mr. LEE, Mr. FLAKE, $100,000. excess over $80,000. SEC. llll. PERMANENT RULE REGARDING Over $100,000 but not $23,800, plus 30% of the and Mrs. FISCHER) submitted an BASIS ADJUSTMENT TO STOCK OF S over $150,000. excess over $100,000. CORPORATIONS MAKING CHARI- amendment intended to be proposed by Over $150,000 but not $38,800, plus 32% of the TABLE CONTRIBUTIONS OF PROP- him to the bill S. 2569, to provide an in- over $250,000. excess of $150,000. ERTY. centive for businesses to bring jobs Over $250,000 but not $70,800, plus 34% of the (a) IN GENERAL.—Section 1367(a)(2) of the over $500,000. excess over $250,000. Internal Revenue Code of 1986 is amended by back to America; which was ordered to Over $500,000 ...... $155,800, plus 35% of the striking the last sentence. lie on the table; as follows: excess of $500,000.’’. (b) EFFECTIVE DATE.—The amendment At the appropriate place, insert the fol- (b) TREATMENT OF CERTAIN TRANSFERS IN made by this section shall apply to contribu- lowing: TRUST.—Section 2511 of the Internal Revenue tions made in taxable years beginning after SEC. lll. REPEAL OF ESTATE AND GENERA- Code of 1986 is amended by adding at the end December 31, 2013. TION-SKIPPING TRANSFER TAXES. the following new subsection: SEC. llll. REDUCED RECOGNITION PERIOD (a) ESTATE TAX REPEAL.—Subchapter C of ‘‘(c) TREATMENT OF CERTAIN TRANSFERS IN FOR BUILT-IN GAINS OF S CORPORA- chapter 11 of subtitle B of the Internal Rev- TRUST.—Notwithstanding any other provi- TIONS MADE PERMANENT. enue Code of 1986 is amended by adding at sion of this section and except as provided in (a) IN GENERAL.—Paragraph (7) of section the end the following new section: regulations, a transfer in trust shall be 1374(d) of the Internal Revenue Code of 1986 ‘‘SEC. 2210. TERMINATION. treated as a taxable gift under section 2503, is amended to read as follows: ‘‘(a) IN GENERAL.—Except as provided in unless the trust is treated as wholly owned ‘‘(7) RECOGNITION PERIOD.— subsection (b), this chapter shall not apply by the donor or the donor’s spouse under sub- ‘‘(A) IN GENERAL.—The term recognition to the estates of decedents dying on or after part E of part I of subchapter J of chapter period means the 5-year period beginning the date of the enactment of the Bring Jobs 1.’’. with the 1st day of the 1st taxable year for Home Act. (c) LIFETIME GIFT EXEMPTION.— which the corporation was an S corporation. ‘‘(b) CERTAIN DISTRIBUTIONS FROM QUALI- (1) IN GENERAL.—Paragraph (1) of section For purposes of applying this section to any FIED DOMESTIC TRUSTS.—In applying section 2505(a) of the Internal Revenue Code of 1986 amount includible in income by reason of 2056A with respect to the surviving spouse of is amended to read as follows: distributions to shareholders pursuant to a decedent dying before the date of the en- ‘‘(1) the amount of the tentative tax which section 593(e), the preceding sentence shall actment of the Bring Jobs Home Act— would be determined under the rate schedule be applied without regard to the phrase 5- ‘‘(1) section 2056A(b)(1)(A) shall not apply set forth in section 2502(a)(2) if the amount year. to distributions made after the 10-year pe- with respect to which such tentative tax is ‘‘(B) INSTALLMENT SALES.—If an S corpora- riod beginning on such date, and to be computed were $5,000,000, reduced by’’. tion sells an asset and reports the income ‘‘(2) section 2056A(b)(1)(B) shall not apply (2) INFLATION ADJUSTMENT.—Section 2505 of from the sale using the installment method on or after such date.’’. such Code is amended by adding at the end under section 453, the treatment of all pay- (b) GENERATION-SKIPPING TRANSFER TAX the following new subsection: ments received shall be governed by the pro- REPEAL.—Subchapter G of chapter 13 of sub- ‘‘(d) INFLATION ADJUSTMENT.— visions of this paragraph applicable to the title B of such Code is amended by adding at ‘‘(1) IN GENERAL.—In the case of any cal- taxable year in which such sale was made.’’. the end the following new section: endar year after 2011, the dollar amount in (b) EFFECTIVE DATE.—The amendment ‘‘SEC. 2664. TERMINATION. subsection (a)(1) shall be increased by an made by this section shall apply to taxable ‘‘This chapter shall not apply to genera- amount equal to— years beginning after December 31, 2013. tion-skipping transfers on or after the date ‘‘(A) such dollar amount, multiplied by of the enactment of the Bring Jobs Home ‘‘(B) the cost-of-living adjustment deter- SA 3635. Mr. THUNE (for himself, Mr. Act.’’. mined under section 1(f)(3) for such calendar ROBERTS, and Mr. ISAKSON) submitted

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.040 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4915 an amendment intended to be proposed fied organization for basic research but only and inserting ‘‘and to which section 167 ap- by him to the bill S. 2569, to provide an if— plies’’. incentive for businesses to bring jobs ‘‘(A) such payment is pursuant to a written (c) ELECTION.—Paragraph (2) of section 179(c) of such Code is amended— back to America; which was ordered to agreement between such corporation and such qualified organization, and (1) by striking ‘‘may not be revoked’’ and lie on the table; as follows: ‘‘(B) such basic research is to be performed all that follows through ‘‘and before 2014’’, At the appropriate place, insert the fol- by such qualified organization. and lowing: ‘‘(2) EXCEPTION TO REQUIREMENT THAT RE- (2) by striking ‘‘IRREVOCABLE’’ in the head- SEC. lll. RESEARCH CREDIT SIMPLIFIED AND SEARCH BE PERFORMED BY THE ORGANIZA- ing thereof. MADE PERMANENT. TION.—In the case of a qualified organization (d) AIR CONDITIONING AND HEATING UNITS.— (a) IN GENERAL.—Subsection (a) of section described in subparagraph (C) or (D) of para- Paragraph (1) of section 179(d) of such Code is 41 of the Internal Revenue Code of 1986 is graph (3), subparagraph (B) of paragraph (1) amended by striking ‘‘and shall not include amended to read as follows: shall not apply.’’, air conditioning or heating units’’. ‘‘(a) IN GENERAL.—For purposes of section (B) by redesignating paragraphs (6) and (7) (e) QUALIFIED REAL PROPERTY.—Subsection 38, the research credit determined under this as paragraphs (3) and (4), respectively, and (f) of section 179 of such Code is amended— section for the taxable year shall be an (C) in paragraph (4) as so redesignated, by (1) by striking ‘‘beginning in 2010, 2011, amount equal to the sum of— striking subparagraphs (B) and (C) and by re- 2012, or 2013’’ in paragraph (1), and ‘‘(1) 20 percent of so much of the qualified designating subparagraphs (D) and (E) as (2) by striking paragraphs (3) and (4). research expenses for the taxable year as ex- subparagraphs (B) and (C), respectively. (f) INFLATION ADJUSTMENT.—Subsection (b) ceeds 50 percent of the average qualified re- (3) Section 41(f)(3) of such Code is amend- of section 179 of such Code is amended by search expenses for the 3 taxable years pre- ed— adding at the end the following new para- ceding the taxable year for which the credit (A)(i) by striking ‘‘, and the gross receipts’’ graph: is being determined, in subparagraph (A)(i) and all that follows ‘‘(6) INFLATION ADJUSTMENT.— ‘‘(2) 20 percent of so much of the basic re- through ‘‘determined under clause (iii)’’, ‘‘(A) IN GENERAL.—In the case of any tax- search payments for the taxable year as ex- (ii) by striking clause (iii) of subparagraph able year beginning after 2014, the dollar ceeds 50 percent of the average basic re- (A) and redesignating clauses (iv), (v), and amounts in paragraphs (1) and (2) shall each search payments for the 3 taxable years pre- (vi), thereof, as clauses (iii), (iv), and (v), re- be increased by an amount equal to— ceding the taxable year for which the credit spectively, ‘‘(i) such dollar amount, multiplied by is being determined, plus (iii) by striking ‘‘and (iv)’’ each place it ap- ‘‘(ii) the cost-of-living adjustment deter- ‘‘(3) 20 percent of the amounts paid or in- pears in subparagraph (A)(iv) (as so redesig- mined under section 1(c)(2)(A) for such cal- curred by the taxpayer in carrying on any nated) and inserting ‘‘and (iii)’’, endar year, determined by substituting cal- trade or business of the taxpayer during the (iv) by striking subclause (IV) of subpara- endar year 2013 for calendar year 2012 in taxable year (including as contributions) to graph (A)(iv) (as so redesignated), by strik- clause (ii) thereof. an energy research consortium for energy re- ing ‘‘, and’’ at the end of subparagraph ‘‘(B) ROUNDING.—The amount of any in- search.’’. (A)(iv)(III) (as so redesignated) and inserting crease under subparagraph (A) shall be (b) REPEAL OF TERMINATION.—Section 41 of a period, and by adding ‘‘and’’ at the end of rounded to the nearest multiple of $10,000.’’. such Code is amended by striking subsection subparagraph (A)(iv)(II) (as so redesignated), (g) EFFECTIVE DATE.—The amendments (h). (v) by striking ‘‘(A)(vi)’’ in subparagraph made by this section shall apply to taxable (c) CONFORMING AMENDMENTS.— years beginning after December 31, 2013. (1) Subsection (c) of section 41 of such Code (B) and inserting ‘‘(A)(v)’’, and (vi) by striking ‘‘(A)(iv)(II)’’ in subpara- is amended to read as follows: SA 3637. Mr. FLAKE submitted an ‘‘(c) DETERMINATION OF AVERAGE RESEARCH graph (B)(i)(II) and inserting ‘‘(A)(iii)(II)’’, (B) by striking ‘‘, and the gross receipts of amendment intended to be proposed by EXPENSES FOR PRIOR YEARS.— him to the bill S. 2569, to provide an in- ‘‘(1) SPECIAL RULE IN CASE OF NO QUALIFIED the predecessor,’’ in subparagraph (A)(iv)(II) centive for businesses to bring jobs RESEARCH EXPENDITURES IN ANY OF 3 PRE- (as so redesignated), CEDING TAXABLE YEARS.—In any case in (C) by striking ‘‘, and the gross receipts back to America; which was ordered to which the taxpayer has no qualified research of,’’ in subparagraph (B), lie on the table; as follows: expenses in any one of the 3 taxable years (D) by striking ‘‘, or gross receipts of,’’ in At the end, add the following: subparagraph (B)(i)(I), and preceding the taxable year for which the SEC. 4. CANCELLATION CEILINGS FOR STEWARD- credit is being determined, the amount de- (E) by striking subparagraph (C). SHIP END RESULT AGREEMENTS termined under subsection (a)(1) for such (d) EFFECTIVE DATE.— AND CONTRACTS. taxable year shall be equal to 10 percent of (1) IN GENERAL.—Except as provided in Section 604(d) of the Healthy Forests Res- the qualified research expenses for the tax- paragraph (2), the amendments made by this toration Act of 2003 (16 U.S.C. 6591c(d)) is able year. section shall apply to taxable years begin- amended— ‘‘(2) CONSISTENT TREATMENT OF EXPENSES.— ning after December 31, 2013. (1) by redesignating paragraphs (5), (6), and ‘‘(A) IN GENERAL.—Notwithstanding wheth- (2) SUBSECTION (b).—The amendment made (7) as paragraphs (6), (7), and (8), respec- er the period for filing a claim for credit or by subsection (b) shall apply to amounts paid tively; and refund has expired for any taxable year or incurred after December 31, 2013. (2) by inserting after paragraph (4) the fol- taken into account in determining the aver- lowing: age qualified research expenses, or average SA 3636. Mr. THUNE (for himself, Mr. ‘‘(5) CANCELLATION CEILINGS.— basic research payments, taken into account TOOMEY, Mr. ROBERTS, Mr. LEE, Mr. ‘‘(A) IN GENERAL.—The Chief and the Direc- under subsection (a), the qualified research FLAKE, and Ms. COLLINS) submitted an tor may obligate funds to cover any poten- expenses and basic research payments taken amendment intended to be proposed by tial cancellation or termination costs for an into account in determining such averages him to the bill S. 2569, to provide an in- agreement or contract under subsection (b) shall be determined on a basis consistent centive for businesses to bring jobs in stages that are economically or program- matically viable. with the determination of qualified research back to America; which was ordered to expenses and basic research payments, re- ‘‘(B) NOTICE.— spectively, for the credit year. lie on the table; as follows: ‘‘(i) SUBMISSION TO CONGRESS.—Not later ‘‘(B) PREVENTION OF DISTORTIONS.—The At the appropriate place, insert the fol- than 30 days before entering into a multiyear Secretary may prescribe regulations to pre- lowing: agreement or contract under subsection (b) vent distortions in calculating a taxpayer’s SEC. lll. PERMANENT EXTENSION OF EXPENS- that includes a cancellation ceiling in excess qualified research expenses or basic research ING CERTAIN DEPRECIABLE BUSI- of $25,000,000, but does not include proposed payments caused by a change in accounting NESS ASSETS FOR SMALL BUSINESS. funding for the costs of cancelling the agree- methods used by such taxpayer between the (a) IN GENERAL.— ment or contract up to the cancellation ceil- current year and a year taken into account (1) DOLLAR LIMITATION.—Paragraph (1) of ing established in the agreement or contract, in determining the average qualified re- section 179(b) of the Internal Revenue Code the Chief and the Director shall submit to search expenses or average basic research of 1986 is amended by striking ‘‘shall not ex- the Committee on Energy and Natural Re- payments taken into account under sub- ceed—’’ and all that follows and inserting sources of the Senate and the Committee on section (a).’’. ‘‘shall not exceed $500,000.’’. Natural Resources of the House of Rep- (2) Section 41(e) of such Code is amended— (2) REDUCTION IN LIMITATION.—Paragraph resentatives a written notice that includes— (A) by striking all that precedes paragraph (2) of section 179(b) of such Code is amended ‘‘(I)(aa) the cancellation ceiling amounts (6) and inserting the following: by striking ‘‘exceeds—’’ and all that follows proposed for each program year in the agree- ‘‘(e) BASIC RESEARCH PAYMENTS.—For pur- and inserting ‘‘exceeds $2,000,000.’’. ment or contract; and poses of this section— (b) COMPUTER SOFTWARE.—Clause (ii) of ‘‘(bb) the reasons for the cancellation ceil- ‘‘(1) IN GENERAL.—The term ‘basic research section 179(d)(1)(A) of such Code is amended ing amounts proposed under item (aa); payment’ means, with respect to any taxable by striking ‘‘, to which section 167 applies, ‘‘(II) the extent to which the costs of con- year, any amount paid in cash during such and which is placed in service in a taxable tract cancellation are not included in the taxable year by a corporation to any quali- year beginning after 2002 and before 2014’’ budget for the agreement or contract; and

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‘‘(III) a financial risk assessment of not in- (1) INCREASE IN INCOMES ELIGIBLE FOR FULL 21, 24, 32,’’ and inserting ‘‘section 24, 32, cluding budgeting for the costs of agreement CREDIT.—Paragraph (2) of section 21(a) of the 36C,’’. or contract cancellation. Internal Revenue Code of 1986 is amended to (K) Paragraph (2) of section 1324(b) of title ‘‘(ii) TRANSMITTAL TO OMB.—At least 14 read as follows: 31, United States Code, is amended by insert- days before the date on which the Chief and ‘‘(2) APPLICABLE PERCENTAGE DEFINED.—For ing ‘‘36C,’’ after ‘‘36B,’’. Director enter into an agreement or contract purposes of paragraph (1), the term ‘applica- (L) The table of sections for subpart C of under subsection (b), the Chief and Director ble percentage’ means 20 percent reduced part IV of subchapter A of chapter 1 of the shall transmit to the Director of the Office (but not below zero) by 1 percentage point Internal Revenue Code of 1986 is amended by of Management and Budget a copy of the for each $5,000 (or fraction thereof) by which inserting after the item relating to section written notice submitted under clause (i).’’. the taxpayer’s adjusted gross income for the 36B the following: taxable year exceeds $200,000.’’. ‘‘Sec. 36C. Expenses for household and de- SA 3638. Mr. MORAN (for himself and (2) INCREASE IN DOLLAR LIMIT ON AMOUNT pendent care services necessary Mr. BROWN) submitted an amendment CREDITABLE.—Subsection (c) of section 21 of for gainful employment.’’. intended to be proposed by him to the the Internal Revenue Code of 1986 is amend- (M) The table of sections for subpart A of bill S. 2569, to provide an incentive for ed— such part IV of such Code is amended by businesses to bring jobs back to Amer- (A) by striking ‘‘$3,000’’ in paragraph (1) striking the item relating to section 21. ica; which was ordered to lie on the and inserting ‘‘$8,000’’, and (c) EFFECTIVE DATE.—The amendments table; as follows: (B) by striking ‘‘$6,000’’ in paragraph (2) made by this section shall apply to taxable and inserting ‘‘$16,000’’. At the end of the bill, add the following: years beginning after December 31, 2014. (3) INFLATION ADJUSTMENT.—Section 21 of SEC. 4. EXCEPTION TO ANNUAL WRITTEN PRI- the Internal Revenue Code of 1986 is amend- SA 3641. Mrs. SHAHEEN submitted VACY NOTICE REQUIREMENT UNDER ed— THE GRAMM-LEACH-BLILEY ACT. an amendment intended to be proposed Section 503 of the Gramm-Leach-Bliley Act (A) by redesignating subsection (f) as sub- by her to the bill S. 2569, to provide an (15 U.S.C. 6803) is amended by adding at the section (g), and incentive for businesses to bring jobs end the following: (B) by inserting after subsection (e) the fol- back to America; which was ordered to lowing new subsection: ‘‘(f) EXCEPTION TO ANNUAL WRITTEN NOTICE lie on the table; as follows: REQUIREMENT.—A financial institution ‘‘(f) INFLATION ADJUSTMENT.— At the appropriate place, insert the fol- that— ‘‘(1) IN GENERAL.—In the case of any tax- lowing: ‘‘(1) provides nonpublic personal informa- able year beginning after 2015, the $200,000 tion in accordance with the provisions of amount in subsection (a)(2) and each of the SEC. lll. SMALL BUSINESS ACCESS TO CAP- ITAL. subsection (b)(2) or (e) of section 502 or regu- dollar amounts in subsection (c) shall each (a) SHORT TITLE.—This section may be be increased by an amount equal to— lations prescribed under section 504(b); cited as the ‘‘Small Business Access to Cap- ‘‘(A) such dollar amount, multiplied by ‘‘(2) has not changed its policies and prac- ital Act of 2014’’. tices with respect to disclosing nonpublic ‘‘(B) the cost-of-living adjustment deter- (b) NEW TRANCHES OF CAPITAL FOR SUC- personal information from the policies and mined under section 1(f)(3) for the calendar CESSFUL STATE PROGRAMS.—Section 3003 of practices that were disclosed in the most re- year in which the taxable year begins, by the Small Business Jobs Act of 2010 (12 cent disclosure sent to consumers in accord- substituting ‘2014’ for ‘1992’ in subparagraph U.S.C. 5702) is amended by adding at the end ance with this section; and (B) thereof. the following: ‘‘(3) otherwise provides customers access to ‘‘(2) ROUNDING.—The amount of any in- ‘‘(d) ADDITIONAL ALLOCATION AND COMPETI- such most recent disclosure in electronic or crease under paragraph (1) shall be rounded— TIVE AWARDS.— other form permitted by regulations pre- ‘‘(A) for purposes of the dollar amount in ‘‘(1) DEFINITIONS.—In this subsection— scribed under section 504, subsection (a)(2), the nearest multiple of ‘‘(A) the term ‘eligible participating State’ shall not be required to provide an annual $1,000, and means a participating State that has cer- written disclosure under this section, until ‘‘(B) for purposes of the dollar amounts in tified to the Secretary that the State has ex- such time as the financial institution fails to subsection (c), the nearest multiple of $100.’’. pended, transferred, or obligated not less comply with paragraph (1), (2), or (3).’’. (b) DEPENDENT CARE TAX CREDIT TO BE RE- than 80 percent of the second 1⁄3 of the 2010 FUNDABLE.— allocation transferred to the State under SA 3639. Mr. MORAN (for himself, (1) IN GENERAL.—The Internal Revenue subsection (c)(1)(A)(iii); and Mr. ROBERTS, Mr. INHOFE, Mr. CRUZ, Code of 1986 is amended— ‘‘(B) the term ‘unused funds’ means— and Mr. CORNYN) submitted an amend- (A) by redesignating section 21, as amended ‘‘(i) amounts made available to the Sec- ment intended to be proposed by him by subsection (a), as section 36C, and retary under clause (i)(II) or (ii)(II) of para- to the bill S. 2569, to provide an incen- (B) by moving section 36C, as so redesig- graph (2)(E); and tive for businesses to bring jobs back nated, from subpart A of part IV of sub- ‘‘(ii) amounts made available to the Sec- to America; which was ordered to lie chapter A of chapter 1 to the location imme- retary under paragraph (4)(B)(ii). diately before section 37 in subpart C of part ‘‘(2) ALLOCATION FOR 2010 PARTICIPATING on the table; as follows: IV of subchapter A of chapter 1. STATES.— At the end, add the following: (2) TECHNICAL AMENDMENTS.— ‘‘(A) ALLOCATION.—Of the amount made SEC. 4. PROHIBITION ON LAND MANAGEMENT (A) Paragraph (1) of section 23(f) of the In- available under paragraph (6)(D), the Sec- MODIFICATIONS RELATING TO LESS- ternal Revenue Code of 1986 is amended by retary shall allocate a total of $500,000,000 ER PRAIRIE CHICKEN. striking ‘‘21(e)’’ and inserting ‘‘36C(e)’’. among eligible participating States in the Notwithstanding any other provision of (B) Paragraph (6) of section 35(g) of such same ratio as funds were allocated under the law (including regulations), the Secretary of Code is amended by striking ‘‘21(e)’’ and in- 2010 allocation under subsection (b)(1) among Agriculture and the Secretary of the Interior serting ‘‘36C(e)’’. participating States. shall not implement or limit any modification to a public or private land-related pol- (C) Paragraph (1) of section 36C(a) of such ‘‘(B) APPLICATION.—An eligible partici- icy or subsurface mineral right-related pol- Code (as redesignated by paragraph (1)) is pating State desiring to receive funds allo- icy or practice that is in effect on the date amended by striking ‘‘this chapter’’ and in- cated under this paragraph shall submit an of enactment of this Act relating to the list- serting ‘‘this subtitle’’. application— ing of the Lesser Prairie Chicken as a threat- (D) Subparagraph (C) of section 129(a)(2) of ‘‘(i) not later than the later of— ened species or endangered species under the such Code is amended by striking ‘‘section ‘‘(I) June 30, 2015; or Endangered Species Act of 1973 (16 U.S.C. 21(e)’’ and inserting ‘‘section 36C(e)’’. ‘‘(II) the date that is 6 months after the 1531 et seq.). (E) Paragraph (2) of section 129(b) of such date of enactment of the Small Business Ac- Code is amended by striking ‘‘section cess to Capital Act of 2014; and SA 3640. Mrs. SHAHEEN (for herself, 21(d)(2)’’ and inserting ‘‘section 36C(d)(2)’’. ‘‘(ii) in such manner and containing such Mrs. BOXER, Mrs. MURRAY, and Mrs. (F) Paragraph (1) of section 129(e) of such information as the Secretary may require. GILLIBRAND) submitted an amendment Code is amended by striking ‘‘section ‘‘(C) AVAILABILITY OF ALLOCATED AMOUNT.— intended to be proposed by her to the 21(b)(2)’’ and inserting ‘‘section 36C(b)(2)’’. Notwithstanding subsection (c)(1), after an (G) Subsection (e) of section 213 of such eligible participating State approved by the bill S. 2569, to provide an incentive for Code is amended by striking ‘‘section 21’’ and Secretary to receive an allocation under this businesses to bring jobs back to Amer- inserting ‘‘section 36C’’. paragraph has certified to the Secretary that ica; which was ordered to lie on the (H) Subparagraph (A) of section 6211(b)(4) the eligible participating State has ex- table; as follows: of such Code is amended by inserting ‘‘36C,’’ pended, transferred, or obligated not less At the appropriate place, insert the fol- after ‘‘36B,’’. than 80 percent of the last 1⁄3 of the 2010 allo- lowing: (I) Subparagraph (H) of section 6213(g)(2) of cation to the eligible participating State, SEC. lll. ENHANCEMENT OF THE DEPENDENT such Code is amended by striking ‘‘section the Secretary shall transfer to the eligible CARE TAX CREDIT. 21’’ and inserting ‘‘section 36C’’. participating State the funds allocated to (a) INCREASE IN DEPENDENT CARE TAX (J) Subparagraph (L) of section 6213(g)(2) of the eligible participating State under this CREDIT.— such Code is amended by striking ‘‘section paragraph.

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‘‘(D) USE OF TRANSFERRED FUNDS.—An eli- ‘‘(IV) serve low-or-moderate-income com- terly and annual reports containing the in- gible participating State may use funds munities; formation described in section 3007 until the transferred under this paragraph for any pur- ‘‘(ii) the extent to which the participating end of the 8-year period beginning on the pose authorized under subparagraph (A) or State or consortium of participating States date of enactment of the Small Business Ac- (B) of subsection (c)(3). will establish or continue a robust self-eval- cess to Capital Act of 2014. ‘‘(E) TERMINATION OF AVAILABILITY OF uation of the activities of the participating ‘‘(6) ADMINISTRATION AND IMPLEMENTA- AMOUNTS.— State or consortium of participating States TION.— ‘‘(i) IN GENERAL.—If an eligible partici- using amounts made available under this ‘‘(A) ADMINISTRATIVE EXPENSES FOR PAR- pating State has not certified to the Sec- title; TICIPATING STATES.—A participating State retary that the State has expended, trans- ‘‘(iii) the extent to which the participating may use not more than 3 percent of the ferred, or obligated not less than 80 percent State or consortium of participating States amount made available to the participating of the last 1⁄3 of the 2010 allocation as of the will provide non-Federal funds in excess of State under paragraph (2), (3), or (4) for ad- date that is 2 years after the date on which the amount required under subparagraph (E); ministrative expenses incurred by the par- the Secretary approves the eligible partici- and ticipating State in implementing an ap- pating State to receive an allocation under ‘‘(iv) the extent to which the participating proved State program. this paragraph, any amounts allocated to the State expended, obligated, or transferred the ‘‘(B) CONTRACTING.—During the 1-year pe- eligible participating State under this para- 2010 allocation to the State. riod beginning on the date of enactment of graph— ‘‘(D) AWARD OF FUNDS.— the Small Business Access to Capital Act of ‘‘(i) FIRST TRANCHE.—Notwithstanding sub- ‘‘(I) may not be transferred to the eligible 2014, and notwithstanding any other provi- section (c)(1), and not later than 30 days participating State under this paragraph; sion of law relating to public contracting, after making an award under this paragraph and the Secretary may enter into contracts to to a participating State or consortium of ‘‘(II) shall be available to the Secretary to carry out this subsection. participating States, the Secretary shall make awards under paragraph (4). ‘‘(C) AMOUNTS NOT ASSISTANCE.—Any transfer 50 percent of the amount of the ‘‘(ii) OTHER AMOUNTS.—Effective on the amounts transferred to a participating State award to the participating State or consor- date that is 2 years after the date of enact- under paragraph (2), (3), or (4) shall not be tium of participating States. ment of the Small Business Access to Capital considered assistance for purposes of subtitle ‘‘(ii) SECOND TRANCHE.—After a partici- Act of 2014, any amounts allocated under V of title 31, United States Code. pating State or consortium of participating ‘‘(D) APPROPRIATION.—There are appro- this paragraph to a participating State that, States has certified to the Secretary that as of such date, is not an eligible partici- priated to the Secretary, out of any funds in the participating State or consortium of par- the Treasury not otherwise appropriated, pating State or to an eligible participating ticipating States has expended, transferred, State that did not submit an application $1,500,000,000 to carry out this subsection, in- or obligated not less than 80 percent of the cluding to pay reasonable costs of admin- under subparagraph (B) or was not approved amount transferred under clause (i), the Sec- by the Secretary to receive an allocation istering the programs under this subsection, retary shall transfer to the participating to remain available until expended. under this paragraph— State or consortium of participating States ‘‘(E) TERMINATION OF SECRETARY’S PROGRAM ‘‘(I) may not be transferred to an eligible the remaining amount of the award. ADMINISTRATION FUNCTIONS.—The authorities participating State under this paragraph; ‘‘(E) STATE SHARE.—The State share of the and duties of the Secretary to implement and cost of the activities, excluding administra- and administer the program under this sub- ‘‘(II) shall be available to the Secretary to tive expenses, carried out using an award section shall terminate at the end of the 8- make awards under paragraph (4). under this paragraph shall be not less than 10 year period beginning on the date of enact- ‘‘(3) COMPETITIVE FUNDING.— percent. The Secretary may determine what ment of the Small Business Access to Capital ‘‘(A) IN GENERAL.—Of the amount made contributions by a State qualify as part of Act of 2014.’’. available under paragraph (6)(D), the Sec- the State share of the cost for purposes of retary may award, on a competitive basis, this subparagraph. not more than a total of $1,000,000,000 to par- ‘‘(4) AWARD OF UNUSED FUNDS.— SA 3642. Mrs. SHAHEEN submitted ticipating States and consortiums of partici- ‘‘(A) IN GENERAL.—The Secretary may an amendment intended to be proposed pating States for use for any purpose author- award, on a competitive basis, unused funds by her to the bill S. 2569, to provide an ized under subparagraph (A) or (B) of sub- to participating States for use for any pur- incentive for businesses to bring jobs section (c)(3). pose authorized under subparagraph (A) or back to America; which was ordered to ‘‘(B) APPLICATION.— (B) of subsection (c)(3). lie on the table; as follows: ‘‘(i) IN GENERAL.—A participating State or ‘‘(B) UNUSED 2010 FUNDS.— consortium of participating States desiring ‘‘(i) IN GENERAL.—The Secretary shall de- At the appropriate place, insert the fol- to receive an award under this paragraph termine whether any amounts allocated to a lowing: shall submit an application— participating State under subsection (b) SEC. lll. EMPLOYEE PAYROLL TAX HOLIDAY ‘‘(I) not later than the date established by shall be deemed no longer allocated and no FOR NEWLY HIRED VETERANS. the Secretary, which shall be not later than longer available if a participating State has (a) IN GENERAL.—Subsection (d) of section the date that is 1 year after the date of en- not certified to the Secretary that the State 3111 of the Internal Revenue Code of 1986 is actment of the Small Business Access to has expended, transferred, or obligated 80 amended to read as follows: Capital Act of 2014; and percent of the second 1⁄3 of the 2010 allocation ‘‘(d) SPECIAL EXEMPTION FOR ELIGIBLE VET- ‘‘(II) in such manner and containing such by December 31, 2016. ERANS HIRED DURING CERTAIN CALENDAR information as the Secretary may require. ‘‘(ii) AVAILABILITY.—Effective on the date QUARTERS.— ‘‘(ii) NUMBER OF APPLICATIONS.—A partici- of the determination under clause (i), any ‘‘(1) IN GENERAL.—Subsection (a) shall not pating State may submit not more than 1 ap- amounts identified in the determination that apply to 50 percent of the wages paid by the plication on behalf of the participating State were deemed no longer allocated and no employer with respect to employment during and not more than 1 application as part of a longer available to the participating State the holiday period of any eligible veteran for consortium of participating States. shall be available to the Secretary to make services performed— ‘‘(iii) STATES THAT DID NOT PARTICIPATE.—A awards under this paragraph. ‘‘(A) in a trade or business of the employer, State that is not a participating State may ‘‘(C) APPLICATION.—A participating State or apply to the Secretary for approval to be a desiring to receive an award under this para- ‘‘(B) in the case of an employer exempt participating State for purposes of this paragraph shall submit an application— from tax under section 501(a), in furtherance graph and paragraph (4), in accordance with ‘‘(i) not later than 3 months after the date of the activities related to the purpose or section 3004. on which funds are deemed no longer allo- function constituting the basis of the em- ‘‘(C) FACTORS.—In determining whether to cated and no longer available to any partici- ployer’s exemption under such section. make an award to a participating State or pating State; and ‘‘(2) HOLIDAY PERIOD.—For purposes of this consortium of participating States under ‘‘(ii) in such manner and containing such subsection, the term ‘holiday period’ means this paragraph, the Secretary shall con- information as the Secretary may require. the period of 4 consecutive calendar quarters sider— ‘‘(D) FACTORS.—In determining whether to beginning with the first day of the first cal- ‘‘(i) how the participating State or consor- make an award to a participating State endar quarter beginning after the date of the tium of participating States plan to use under this paragraph, the Secretary shall enactment of the Bring Jobs Home Act. amounts provided under the award under the consider the factors described in paragraph ‘‘(3) ELIGIBLE VETERAN.—For purposes of approved State program to— (3)(C). this subsection— ‘‘(I) leverage private sector capital; ‘‘(E) MINIMUM AMOUNT.—The Secretary ‘‘(A) IN GENERAL.—The term ‘eligible vet- ‘‘(II) create and retain jobs during the 2- may not make an award of less than eran’ means a veteran who— year period beginning on the date of the $5,000,000 under this paragraph. ‘‘(i) begins work for the employer during award; ‘‘(5) EXTENSION OF COMPLIANCE AND REPORT- the holiday period, ‘‘(III) serve businesses that have been in- ING.—Notwithstanding section 3007(d), a par- ‘‘(ii) was discharged or released from the corporated or in operation for not more than ticipating State that receives funds under Armed Forces of the United States under 5 years; and paragraph (2), (3), or (4) shall submit quar- conditions other than dishonorable, and

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.042 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4918 CONGRESSIONAL RECORD — SENATE July 24, 2014 ‘‘(iii) is not an individual described in sec- (B) An assessment of current sources of en- Revenue Code of 1986 is amended by adding tion 51(i)(1) (applied by substituting ‘em- ergy in States with energy-remote military at the end the following new section: ployer’ for ‘taxpayer’ each place it appears). installations and potential future sources ‘‘SEC. 45S. CREDIT FOR SHRIMP PRODUCTION ‘‘(B) VETERAN.—The term ‘veteran’ means that are technologically feasible, cost-effec- AND EFFICIENCY IMPROVEMENTS. any individual who— tive, and mission-appropriate. ‘‘(a) IN GENERAL.—For purposes of section ‘‘(i) has served on active duty (other than (C) A comprehensive implementation 38, in the case of a shrimp harvester or active duty for training) in the Armed strategy to include required investment for shrimp processor, the shrimp production and Forces of the United States for a period of feasible energy efficiency options determined efficiency improvements credit determined more than 180 days, or has been discharged to be the most beneficial and cost-effective, under this section for the taxable year shall or released from active duty in the Armed where appropriate, and consistent with De- be an amount equal to $0.50 per pound of Forces of the United States for a service-con- partment of Defense priorities. wild-caught shrimp lawfully harvested or nected disability (within the meaning of sec- (D) An explanation on how military serv- processed by the taxpayer during the taxable tion 101 of title 38, United States Code), ices are working collaboratively in order to year. ‘‘(ii) has not served on extended active leverage lessons learned on potential energy ‘‘(b) DEFINITIONS.—For purposes of this sec- duty (as such term is used in section efficiency solutions. tion 51(d)(3)(B)) in the Armed Forces of the (E) An assessment of State and local part- ‘‘(1) SHRIMP HARVESTER.—The term ‘shrimp United States on any day during the 60-day nership opportunities that could achieve effi- harvester’ means any vessel with a valid period ending on the hiring date, and ciency and cost savings, and any legislative commercial license issued by any State or ‘‘(iii) provides to the employer a copy of authorities required to carry out such part- territory of the United States to harvest the individual’s DD Form 214, Certificate of nerships or agreements. shrimp from a wild fishery. Release or Discharge from Active Duty, that (3) UTILIZATION OF OTHER EFFORTS.—In pre- ‘‘(2) SHRIMP PROCESSOR.—The term ‘shrimp includes the nature and type of discharge. paring the report required under paragraph processor’ means any facility located within ‘‘(4) ELECTION.—An employer may elect not (1), the Under Secretary shall take into con- the United States with a valid processing li- to have this subsection apply. Such election sideration completed and ongoing efforts by cense for processing shrimp. shall be made in such manner as the Sec- agencies of the Federal Government to ana- ‘‘(3) POUND.—The term ‘pound’ means, with retary may require. lyze and develop energy-efficient solutions in respect to wild-caught shrimp, the round ‘‘(5) COORDINATION WITH WORK OPPORTUNITY States with energy-remote military installa- (whole) weight by pound of the wild-caught CREDIT.—For coordination with the work options, including the Department of Defense shrimp, or if such shrimp is not in whole portunity credit, see section 51(3)(D).’’. information available in the Annual Energy form, the weight by pound of such shrimp (b) COORDINATION WITH WORK OPPORTUNITY Management Report. equivalent to the round (whole) weight of CREDIT.— (4) COORDINATION WITH STATE AND LOCAL such shrimp, based on the conversion factors (1) IN GENERAL.—Paragraph (3) of section 51 AND OTHER ENTITIES.—In preparing the report used by the National Marine Fisheries Serv- of the Internal Revenue Code of 1986 is required under paragraph (1), the Under Sec- ice. In the case of a shrimp processor, the amended by adding at the end the following retary may work in conjunction and coordi- weight of wild-caught shrimp shall be deter- new subparagraph: nate with the States containing energy-re- mined before processing operations are un- ‘‘(D) DENIAL OF CREDIT FOR VETERANS SUB- mote military installations, local commu- dertaken. JECT TO 50 PERCENT PAYROLL TAX HOLIDAY.—If nities, and other Federal departments and ‘‘(4) WILD-CAUGHT SHRIMP.—The term ‘wild- section 3111(d)(1) (as amended by the Bring agencies. caught shrimp’ means shrimp that qualifies Jobs Home Act) applies to any wages paid by (b) DEFINITIONS.—In this section, the term as ‘wild fish’ according to section 281(9) of an employer, the term ‘qualified veteran’ ‘‘energy-remote military installation’’ the Agricultural Marketing Act of 1946 ( 7 does not include any individual who begins means military installations in the United U.S.C. 1638(9)). work for the employer during the holiday pe- States not connected to an extensive elec- ‘‘(c) TERMINATION.—This section shall not riod (as defined in section 3111(d)(2)) unless trical energy grid. apply to wild-caught shrimp harvested or the employer makes an election not to have processed after December 31, 2019.’’. section 3111(d) apply.’’. Mr. BEGICH submitted an SA 3644. (2) CREDIT TO BE PART OF GENERAL BUSINESS (2) CONFORMING AMENDMENT.—Subsection amendment intended to be proposed by CREDIT.— (c) of section 51 of such Code is amended by him to the bill S. 2410, to authorize ap- (A) IN GENERAL.—Subsection (b) of section striking paragraph (5). propriations for fiscal year 2015 for 38 of such Code is amended by striking SA 3643. Mr. BEGICH submitted an military activities of the Department ‘‘plus’’ at the end of paragraph (35), by strik- amendment intended to be proposed by of Defense, for military construction, ing the period at the end of paragraph (36) him to the bill S. 2410, to authorize ap- and for defense activities of the De- and inserting ‘‘, plus’’, and by adding at the partment of Energy, to prescribe mili- end the following new paragraph: propriations for fiscal year 2015 for ‘‘(37) the shrimp production and efficiency military activities of the Department tary personnel strengths for such fiscal year, and for other purposes; which was improvements credit determined under sec- of Defense, for military construction, tion 45S(a).’’. ordered to lie on the table; as follows: and for defense activities of the De- (B) CREDIT ALLOWABLE AGAINST ALTER- partment of Energy, to prescribe mili- At the end of subtitle F of title III, add the NATIVE MINIMUM TAX.—Subparagraph (B) of tary personnel strengths for such fiscal following: section 38(c)(4) of such Code is amended by year, and for other purposes; which was SEC. 354. CLARIFICATION THAT DEPARTMENT OF redesignating clauses (vii) through (ix) as DEFENSE EMPLOYEES PAID USING clauses (viii) through (x), respectively, and ordered to lie on the table; as follows: NONAPPROPRIATED FUNDS ARE by inserting after clause (vi) the following At the end of subtitle B of title III, add the SUBJECT TO THE SAME COST-COM- new clause: following: PARISON REVIEW PROCEDURES AS ‘‘(vii) the credit determined under section SEC. 317. REPORT FOR ENERGY-REMOTE MILI- OTHER DEPARTMENT OF DEFENSE TARY INSTALLATIONS. CIVILIAN EMPLOYEES. 45S,’’. Section 2461(a)(1) of title 10, United States (3) CLERICAL AMENDMENT.—The table of (a) REPORT.— Code, is amended, in the matter preceding sections for subpart D of part IV of sub- (1) REPORT REQUIRED.—Not later than 270 days after the date of the enactment of this subparagraph (A)— chapter A of chapter 1 of such Code is Act, the Deputy Under Secretary of Defense (1) by inserting ‘‘, including non- amended by adding at the end the following for Installations and Environment, in con- appropriated functions,’’ after ‘‘No func- new item: junction with the assistant secretaries re- tion’’; and ‘‘Sec. 45S. Credit for shrimp production and sponsible for installations and environment (2) by inserting ‘‘, including civilian em- efficiency improvements.’’. ployees who perform nonappropriated func- for the military services, shall submit to the (4) EFFECTIVE DATE.—The amendments tions,’’ after ‘‘Department of Defense civil- congressional defense committees a report made by this subsection shall apply to wild- ian employees’’. detailing the current cost and sources of en- caught shrimp (as defined in section 45S(b)(4) ergy at each military installation in States SA 3645. Mr. COCHRAN submitted an of the Internal Revenue Code of 1986, as with energy-remote military installations, amendment intended to be proposed by added by this section) harvested or processed and viable and feasible options for achieving after the date of the enactment of this Act, energy efficiency and cost savings at those him to the bill S. 2569, to provide an in- in taxable years ending after such date. military installations. centive for businesses to bring jobs (b) MODIFICATION TO CHILD TAX CREDIT RE- (2) ELEMENTS.—The report required by back to America; which was ordered to QUIRING PROOF OF CITIZENSHIP OR RESI- paragraph (1) shall include the following ele- lie on the table; as follows: DENCE.— ments: At the end, add the following: (1) IN GENERAL.—Subsection (e) of section (A) A comprehensive, installation-specific SEC. ll. CREDIT FOR SHRIMP PRODUCTION 24 of the Internal Revenue Code of 1986 is assessment of feasible and mission-appro- AND EFFICIENCY IMPROVEMENTS. amended by adding ‘‘and includes with such priate energy initiatives supporting energy (a) ALLOWANCE OF CREDIT.— return information (in such form and man- production and consumption at energy-re- (1) IN GENERAL.—Subpart D of part IV of ner as the Secretary prescribes) which estab- mote military installations. subchapter A of chapter 1 of the Internal lishes that the qualifying child is a citizen,

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.042 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4919 national, or resident of the United States’’ SA 3648. Mr. COATS submitted an him to the bill S. 2569, to provide an in- before the period at the end thereof. amendment intended to be proposed by centive for businesses to bring jobs (2) EFFECTIVE DATE.—The amendment him to the bill S. 2569, to provide an in- back to America; which was ordered to made by this section shall apply to taxable centive for businesses to bring jobs lie on the table; as follows: years beginning after the date of the enactment of this Act. back to America; which was ordered to At the appropriate place, insert the fol- lie on the table; as follows: lowing: SA 3646. Mr. ISAKSON submitted an At the appropriate place, insert the fol- SEC. lll. SOUND REGULATION ACT. amendment intended to be proposed by lowing: (a) SHORT TITLE.—This section may be cited as the ‘‘Sound Regulation Act of 2014’’. him to the bill S. 2569, to provide an in- SEC. llll. NOTICE REQUIRED BEFORE REV- (b) FINDINGS.—Congress finds the fol- centive for businesses to bring jobs OCATION OF TAX EXEMPT STATUE FOR FAILURE TO FILE RETURN. lowing: back to America; which was ordered to (1) Growing Federal regulation that is (a) IN GENERAL.—Section 6033(j) of the In- lie on the table; as follows: ternal Revenue Code of 1986 is amended by highly prescriptive in nature burdens and impairs the international competitiveness of At the appropriate place, insert the fol- redesignating paragraphs (2) and (3) as para- industry in the United States. lowing: graphs (3) and (4), respectively, and by in- (2) Prescriptive regulation takes away SEC. ll. AMENDMENT TO THE NATIONAL LABOR serting after paragraph (1) the following new flexibility, is adversarial in nature, leads to RELATIONS ACT. paragraph: Section 9(b) of the National Labor Rela- unintended consequences, and, especially as ‘‘(2) REQUIREMENT OF NOTICE.— tions Act (29 U.S.C. 159(b)) is amended by it proliferates, slows economic growth and ‘‘(A) IN GENERAL.—Not later than 300 days job creation. striking the first sentence and inserting the after the date an organization described in (3) Despite evidence of increasing regu- following: ‘‘In each case, prior to an election, paragraph (1) fails to file the annual return latory costs, Federal agencies hold fast to the Board shall determine, in order to ensure or notice referenced in paragraph (1) for 2 to employees the fullest freedom in exer- the presumption that their rules are in the consecutive years, the Secretary shall notify cising the rights guaranteed by this Act, the public interest. the organization— unit appropriate for the purposes of collec- (4) Some statutes prohibit agencies from ‘‘(i) that the Internal Revenue Service has tive bargaining. Unless otherwise stated in considering costs and benefits in rule- no record of such a return or notice from this Act, excluding acute health care facili- making, although no statutes prohibit agen- such organization for 2 consecutive years, ties, the unit appropriate for purposes of col- cies from analyzing the costs and benefits of and lective bargaining shall consist of employees rules for informative purposes. ‘‘(ii) about the penalty that will occur that share a sufficient community of inter- (5)(A) Cost-benefit analysis is not institu- under this subsection if the organization est. In determining whether employees share tionalized for independent regulatory agen- fails to file such a return or notice by the a sufficient community of interest, the cies. Board shall consider (1) similarity of wages, date of the next filing deadline. (B) Executive agencies perform cost-ben- benefits, and working conditions; (2) simi- The notification under the preceding sen- efit analysis pursuant to Executive order and larity of skills and training; (3) centrality of tence shall include information about how to under the purview of the Office of Informa- management and common supervision; (4) comply with the filing requirements under tion and Regulatory Affairs (commonly re- extent of interchange and frequency of con- subsection (a)(1) and (i).’’. ferred to as ‘‘OIRA’’), which takes direction tact between employees; (5) integration of (b) REINSTATEMENT WITHOUT APPLICA- from the President. the work flow and interrelationship of the TION.—Paragraph (3) of section 6033(j) of such (C) Peer review is not required for cost- production process; (6) the consistency of the Code, as redesignated under subsection (a), is benefit analysis by independent regulatory unit with the employer’s organizational amended— agencies or executive agencies. structure; (7) similarity of job functions and (1) by striking ‘‘Any organization’’ and in- (6) There are no— work; and (8) the bargaining history in the serting the following: (A) statutory standards for cost-benefit particular unit and the industry. To avoid ‘‘(A) IN GENERAL.—Except as provided in analysis in Federal rulemaking; or the proliferation or fragmentation of bar- subparagraph (B), any organization’’, and (B) consistent, material consequences gaining units, employees shall not be ex- (2) by adding at the end the following new when rules are based on faulty or inadequate cluded from the unit unless the interests of subparagraph: analysis. the group sought are sufficiently distinct ‘‘(B) RETROACTIVE REINSTATEMENT WITHOUT (7) Agencies— from those of other employees to warrant APPLICATION IF ACTUAL NOTICE NOT PRO- (A) conduct their own regulatory impact the establishment of a separate unit. Wheth- VIDED.—If an organization described in para- analysis— er additional employees should be included graph (1)— (i) largely by methods of their own choos- in a proposed unit shall be based on whether ‘‘(i) demonstrates to the satisfaction of the ing; and such additional employees and proposed unit Secretary that the organization did not re- (ii) only on a small fraction of the rules members share a sufficient community of in- ceive the notice required under paragraph they issue; and terest, with the exception of proposed accre- (2), and (B) use regulatory cost-benefit analysis tions to an existing unit, in which the inclu- ‘‘(ii) files an annual return or notice ref- mainly in support of favored, preconceived sion of additional employees shall be based erenced in paragraph (1) for the current year, rules rather than as a decision tool. on whether such additional employees and then the Secretary may reinstate the organi- (8) Common deficiencies in the regulatory existing unit members share an over- zation’s exempt status effective from the analysis used by agencies include— whelming community of interest and the ad- date of the revocation under paragraph (1) (A) lack of a coherent theory by which to— ditional employees have little or no separate without the need for an application.’’. (i) define a problem; identity.’’. (c) EFFECTIVE DATE.—The amendments (ii) determine why the problem occurs; and (iii) guide the agency to the most efficient SA 3647. Mr. COATS submitted an made by this section shall apply to notices and returns required to be filed after Decem- response; amendment intended to be proposed by ber 31, 2014. (B) lack of objective evidence that an ac- him to the bill S. 2569, to provide an in- tionable problem actually exists, what its di- centive for businesses to bring jobs SA 3649. Mr. COATS submitted an mensions are, and how they differ from ac- back to America; which was ordered to amendment intended to be proposed by ceptable norms; lie on the table; as follows: him to the bill S. 2569, to provide an in- (C) lack of comprehensive analysis to— At the appropriate place, insert the fol- centive for businesses to bring jobs (i) determine whether a market malfunc- lowing: back to America; which was ordered to tion exists; and (ii) orient rulemaking to the causes, not SEC. lll. EQUAL ACCESS TO DECLARATORY lie on the table; as follows: JUDGMENTS FOR ORGANIZATIONS the symptoms, of the market malfunction; SEEKING TAX-EXEMPT STATUS. At the appropriate place, insert the fol- (D) failure to set clear and realistic objec- (a) IN GENERAL.—Subparagraph (A) of sec- lowing: tives whose benefits justify the cost of tion 7428(a)(1) of the Internal Revenue Code SEC. llll. SENSE OF THE SENATE REGARDING achieving the objectives; of 1986 is amended to read as follows: COMPREHENSIVE TAX REFORM. (E) objectives that— ‘‘(A) with respect to the initial qualifica- It is the sense of the Senate that Congress (i) are disconnected from costs; and tion or continuing qualification of an organi- should enact comprehensive pro-growth tax (ii) may be expansive and vague so that zation as an organization described in sec- reform that lowers corporate and individual any regulation can be made to appear bene- tion 501(c) or 501(d) which is exempt from tax tax rates and modernizes the international ficial; under section 501(a) or as an organization de- tax system of the United States in order to (F) agencies increasingly claiming— scribed in section 170(c)(2),’’. promote American jobs and competitiveness (i) incidental benefits (also know as ‘‘co- (b) EFFECTIVE DATE.—The amendment and help families be more financially secure. benefits’’) that are not in furtherance of the made by this section shall apply to pleadings stated objective; and filed after the date of the enactment of this SA 3650. Mr. COATS submitted an (ii) even private, as opposed to public, ben- Act. amendment intended to be proposed by efits for rules;

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.043 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4920 CONGRESSIONAL RECORD — SENATE July 24, 2014 (G) failure to— ‘‘(C) If the agency is not seeking to repeal terms of employment, costs, volume and (i) develop regulatory options in light of a rule, the agency shall develop not less than quality of output, and prices; market analysis; and 3 distinct regulatory options, in addition to ‘‘(VI) nationwide impacts on overall eco- (ii) rank regulatory options by how effi- not regulating, that the agency estimates nomic output, productivity, and consumer ciently they will improve the market proc- will provide the greatest benefits for the and producer prices; ess; least cost in meeting the regulatory objec- ‘‘(VII) international competitiveness of (H) inconsistent assumptions and meth- tive set under subparagraph (B) and, in de- United States companies; and odologies across agencies; veloping such regulatory options, shall apply ‘‘(VIII) distortions in incentives and mar- (I) invalid baselines for gauging regulatory the following principles: kets, including an estimate of the resulting effects; ‘‘(i) The agency shall, to the extent prac- loss to the United States economy. (J) the omission of important impacts, ticable— ‘‘(F) The agency shall— such as the impact on employment and on ‘‘(I) attempt to engage private incentives ‘‘(i) publish for public comment all anal- the international competitiveness of United to solve a problem; and yses, documentation, and data under sub- States firms; ‘‘(II) not supplant private incentives any paragraphs (A) through (D) for a public com- (K) failure to reevaluate regulations after more than necessary. ment period of not less than 30 days (subject implementation; and ‘‘(ii) The agency shall consider the adverse to applicable limitations under law, includ- (L) failure to consider the cumulative effects that mandates and prohibitions may ing laws protecting privacy, trade secrets, costs of regulation by the various Federal, have on innovation, economic growth, and and intellectual property); and State, local, and tribal agencies. employment. ‘‘(ii) correct deficiencies or omissions that (9)(A) Despite continually changing mar- ‘‘(iii)(I) The agency’s risk assessment shall the agency becomes aware of before choosing ket conditions, agencies do not— be confined to the jurisdiction of the agency, a rule to propose. (i) regularly review their existing regula- subject to specific regulatory authority. ‘‘(2)(A)(i) Beginning not later than the date tions and regulatory regimes; or ‘‘(II) Agency assessments of the risks of ad- that is 180 days after the date of enactment (ii) review the division of functions— verse health and environmental effects shall of the Sound Regulation Act of 2014, each (I) among different Federal agencies; or follow standardized parameters, assump- agency shall, by rule— (II) among Federal, State, local, and tribal tions, and methodologies. ‘‘(I) establish and maintain a specific cost- agencies. ‘‘(III) The agency shall provide analyses of benefit analysis methodology appropriate to (B) Regulations lose their purpose, yet lin- increases in risks, whatever their nature, the functions and responsibilities of the ger and accumulate, imposing unnecessary produced by the regulatory options under agency; and costs and slowing economic growth to the consideration. ‘‘(II) establish an appropriate period for re- detriment of— ‘‘(iv) The agency shall avoid incongruities view of new rules to assess the cost effective- (i) material living standards; and, and duplication in regulation at the Federal, ness of each such new rule at achieving the (ii) to some extent, the very social condi- State, local, and tribal levels. objective that the new rule was intended to tions that are the objects of regulation. ‘‘(v) The agency shall compare and con- address, as identified under paragraph (10)(A) Agencies typically do not— trast the regulatory options developed and (1)(B)(i). (i) proactively conduct regulatory cost explain how each would meet the regulatory ‘‘(ii) The methodology established by an objective set pursuant to subparagraph (B). studies; and agency under clause (i) shall— ‘‘(D) The agency shall estimate the costs (ii) report to Congress on unnecessary ‘‘(I) include the standardized parameters, and benefits of each regulatory option devel- costs that are not under the control of the assumptions, and methodologies for agency oped, notwithstanding any provision of law agencies because of the way laws are writ- assessments of risk under paragraph that prohibits the agency from using costs in ten. (1)(C)(iii); rulemaking, at least to the extent that the (B) Agency recommendations on how to ‘‘(II) comply, to the maximum extent prac- agency is able to— improve the efficiency of regulation by ticable, with technical standards for meth- ‘‘(i) exclude options whose costs exceed modifying an existing statute could be help- odologies and assumptions issued by the Ad- their benefits; ful to Congress. ministrator for the Office of Information and ‘‘(ii) rank the options by cost from lowest Regulatory Affairs; (c) UNIFORM USE OF COST-BENEFIT ANAL- to highest; ‘‘(III) include the scope of benefits and YSIS.—Section 553 of title 5, United States ‘‘(iii) estimate the monetary cost of any costs consistent with the framework used Code, is amended by adding at the end the adverse effects on private property rights, and the metrics identified in the establish- following: identify the categories of persons who expe- ment of the regulatory objective under para- ‘‘(f)(1) Before an agency publishes or other- rience a net loss from a regulatory option, graph (1); wise provides notice of a notice of proposed and explain why the negative effects cannot ‘‘(IV) not include consideration of inci- rulemaking under this section, the agency be lessened or avoided; dental benefits but only those benefits that shall comply with the following require- ‘‘(iv) establish whether the cost of an op- were considered in the establishment of the ments with respect to the proposed rule: tion exceeds $50,000,000 for any 12-month pe- regulatory objective under paragraph (1); ‘‘(A) The agency shall identify, in the con- riod, except that the dollar amount shall be ‘‘(V) limit consideration of costs and bene- text of a coherent conceptual framework and adjusted annually for inflation based on the fits to costs and benefits that accrue to the supported with objective data— GDP deflator, and the President may order population of the United States; ‘‘(i) the nature and significance of the mar- that a lower dollar amount be used for a par- ‘‘(VI) constrain the agency from presuming ket failure, regulatory failure, or other prob- ticular period; that continued augmentation or tightening lem that necessitates regulatory action; ‘‘(v) identify the key uncertainties and as- of mandates and additional prohibitions ‘‘(ii) the reasons why national economic sumptions that drive the results of the anal- cause benefits and costs to change linearly and income growth, advancing technology, ysis under clause (iv); and but instead determine at what point benefits and other market developments will not ob- ‘‘(vi) provide an analysis of how the rank- will rise less than, and costs will rise more viate the need for the rulemaking; ing of the options and the threshold deter- than, proportionally; ‘‘(iii) the reasons why regulation at the mination under clause (iv) may change if ‘‘(VII) include comparison of incremental State, local, or tribal level could not address key assumptions are changed. benefits to incremental costs from any ac- the problem better than at the Federal level; ‘‘(E) The estimates pursuant to subpara- tion the agency considers taking and refrain ‘‘(iv) the reasons why reducing rather than graph (D) shall— from actions whose incremental benefits do increasing the extent or stringency of exist- ‘‘(i) follow the methodology established not exceed their incremental costs; and ing Federal regulation would not address the pursuant to paragraph (2)(A); ‘‘(VIII) include analysis of effects on pri- problem better; and ‘‘(ii) to the maximum extent practicable, vate incentives and possible unintended con- ‘‘(v) the particular authority under which comply with any guidelines issued by the Ad- sequences. the agency may take action. ministrator of the Office of Information and ‘‘(iii) Each agency shall adhere to the ‘‘(B) Before the agency increases the ex- Regulatory Affairs pertaining to cost-benefit methodology established by the agency tent or stringency of regulation based on its analysis; and under this subparagraph in all rulemakings. determinations pursuant to subparagraph ‘‘(iii) include, at a minimum— ‘‘(B) If an agency does not select the least- (A), the agency shall— ‘‘(I) agency administrative costs; cost regulatory option as its proposed rule, ‘‘(i) set an achievable objective for its reg- ‘‘(II) United States private sector compli- the agency shall justify its selection, ex- ulatory action and identify the metrics by ance costs; plaining— which the agency will measure progress to- ‘‘(III) Federal, State, local, and tribal com- ‘‘(i) how that selection furthers other goals ward the objective; pliance costs; or requirements relevant to regulating mat- ‘‘(ii) issue a notice of inquiry seeking pub- ‘‘(IV) Federal, State, local, and tribal rev- ters within the jurisdiction of the agency lic comment on the identification of a new enue impacts; and why these should override cost savings; objective under clause (i); and ‘‘(V) impacts from the regulatory options and ‘‘(iii) give notice to the committees of Con- developed on United States industries in the ‘‘(ii) why each of the other regulatory op- gress with jurisdiction over the subject mat- role of suppliers and consumers to each in- tions not chosen would not sufficiently fur- ter of the rule. dustry substantially affected, especially in ther such other goals or requirements.

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.045 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4921 ‘‘(C) Any person may petition an agency to ‘‘(II) the findings of the review panel as to ‘‘(ii) examine any risk analysis under sec- amend an existing rule made prior to the es- issues related to the provisions of this sub- tion 553(f)(1)(C)(iii) pertaining to the cost- tablishment of methodology under this para- section; and benefit analysis for compliance with the re- graph, and, if the agency denies such a peti- ‘‘(ii) the report under clause (i) shall be quirements under section 553(f); and tion, that denial shall be subject to review made public as part of the rulemaking ‘‘(iii)(I) examine the agencies’ quadrennial under chapter 7 of this title. record; regulatory reviews conducted under section ‘‘(3) If an agency makes a determination ‘‘(H) if appropriate, the agency shall mod- 553(f)(4) for consistency with the require- under paragraph (1)(D) that the monetized ify the proposed rule or the cost-benefit ments under section 553(f); and cost of a rule exceeds the applicable mone- analysis under subparagraph (E) based on the ‘‘(II) report to Congress on the results of tary limit under clause (iv) of such para- report under subparagraph (G); the examination under subclause (I).’’. graph for any 12-month period— ‘‘(I) subject to applicable limitations under ‘‘(A) the head of the agency shall— law, including laws protecting privacy, trade SA 3651. Mr. KIRK (for himself and ‘‘(i) first issue an advanced notice of pro- secrets, and intellectual property, the agen- Mr. COONS) submitted an amendment posed rulemaking; cy shall— intended to be proposed by him to the ‘‘(ii) provide notice to the appropriate Con- ‘‘(i) publish for comment all analyses, doc- bill S. 2569, to provide an incentive for gressional committees; and umentation, and data under this subsection businesses to bring jobs back to Amer- ‘‘(iii) keep the committees described in for a public comment period of not less than clause (ii) informed of the status of the rule- ica; which was ordered to lie on the 30 days; and table; as follows: making; ‘‘(ii) correct deficiencies or omissions that ‘‘(B) the agency shall— At the end, add the following: the agency becomes aware of before adopting ‘‘(i) notify— SEC. 4. NATIONAL MANUFACTURING COMPETI- a proposed rule; and ‘‘(I) the Administrator of the Small Busi- TIVENESS STRATEGIC PLAN. ‘‘(J) the agency shall ensure that affected ness Administration (referred to in this para- Section 102 of the America COMPETES Re- parties, including State, local, or tribal gov- graph as the ‘Administrator’); authorization Act of 2010 (42 U.S.C. 6622) is ernments, and other stakeholders, may par- ‘‘(II) the Director of the Office of Manage- amended— ticipate in the rulemaking, by means such ment and Budget (referred to in this para- (1) in subsection (b), by striking paragraph as— graph as the ‘Director’); and (7) and inserting the following: ‘‘(i) the publication of advanced and gen- ‘‘(III) affected parties; and ‘‘(7) develop and update a national manu- eral notices of proposed rulemaking in publi- ‘‘(ii) provide each person described in facturing competitiveness strategic plan in clause (i) with information on— cations likely to be obtained by affected par- accordance with subsection (c).’’; and ‘‘(I) the potential effects of the proposed ties; (2) by striking subsection (c) and inserting rule on affected parties; and ‘‘(ii) the direct notification of interested the following: ‘‘(II) the type of affected parties that affected parties; ‘‘(c) NATIONAL MANUFACTURING COMPETI- might be affected; ‘‘(iii) the conduct of open conferences or TIVENESS STRATEGIC PLAN.— ‘‘(C) not later than 15 days after the date of public hearings, including soliciting and re- ‘‘(1) IN GENERAL.—Not later than 1 year receipt of the information described in sub- ceiving comments over computer networks; after the date of the enactment of the Bring paragraph (B)(ii), the Director, in consulta- and Jobs Home Act, the President shall submit tion with the Administrator, shall— ‘‘(iv) reducing the cost or complexity of to Congress, and publish on an Internet ‘‘(i) identify representatives of affected procedural rules to ease participation in the website that is accessible to the public, the parties, not less than 25 percent of which rulemaking. strategic plan developed under paragraph (2). ‘‘(4) Every 4 years, each agency shall— shall, when possible, represent small busi- ‘‘(2) DEVELOPMENT.—The Committee shall ness concerns (as such term is defined in sec- ‘‘(A) conduct a review of all rules of the develop (and update as required under para- tion 3(a) of the Small Business Act (15 U.S.C. agency that are in effect; and graph (8)), in coordination with the National 623(a)); and ‘‘(B) determine based on objective data Economic Council, a strategic plan to im- ‘‘(ii) provide each major stakeholder with whether the rules are— prove Government coordination and provide the opportunity to obtain advice and rec- ‘‘(i) working as intended; long-term guidance for Federal programs ommendations about the potential effects of ‘‘(ii) furthering their objectives; and activities in support of United States the proposed rule; ‘‘(iii) imposing unanticipated costs; or manufacturing competitiveness, including ‘‘(D) the agency shall convene a review ‘‘(iv) generating a net benefit or not; advanced manufacturing research and devel- panel that consists wholly of— ‘‘(C) amend the rules if appropriate; and opment. ‘‘(i) full-time Federal officers, employees, ‘‘(D) report to Congress the findings of the ‘‘(3) COMMITTEE CHAIRPERSON.—In devel- and contractors in the agency; review conducted under this paragraph. oping and updating the strategic plan, the ‘‘(5) Notwithstanding any other provision ‘‘(ii) the Director; Secretary of Commerce, or a designee of the of law, including any provision of law that ‘‘(iii) the Administrator; and Secretary, shall serve as the chairperson of explicitly prohibits the use of cost-benefit ‘‘(iv) the representatives of affected parties the Committee. analysis in rulemaking, an agency shall con- identified under subparagraph (C)(i); ‘‘(4) GOALS.—The goals of such strategic duct cost-benefit analyses and report to Con- ‘‘(E) the agency shall— plan shall be to— gress the findings with specific recommenda- ‘‘(i) conduct a detailed analysis of the costs ‘‘(A) promote growth, job creation, sus- tions for how to lower regulatory costs by and benefits of the regulatory option that tainability, and competitiveness in the amending the statutes prohibiting the use the agency is advancing; and United States manufacturing sector; thereof. ‘‘(ii) in conducting the detailed analysis ‘‘(6) For purposes of this subsection— ‘‘(B) support the development of a skilled under clause (i)— ‘‘(A) the term ‘regulatory options’ means manufacturing workforce; ‘‘(I) consider the cumulative and inter- any action an agency may take to address an ‘‘(C) enable innovation and investment in active costs of regulatory requirements of objective identified under paragraph (1)(B)(i), domestic manufacturing; and Federal, State, local, tribal, and, where ap- including the option not to act; ‘‘(D) support national security. plicable, international regulations; ‘‘(B) the term ‘private incentives’— ‘‘(5) CONTENTS.—Such strategic plan shall— ‘‘(II) identify the key uncertainties and as- ‘‘(i) means financial gains or losses that ‘‘(A) specify and prioritize near-term and sumptions that drive the results of the anal- motivate actions by private individuals and long-term objectives to meet the goals of the ysis; and businesses; and plan, including research and development ob- ‘‘(III) provide an analysis of how the rank- ‘‘(ii) does not include any law or regulation jectives, the anticipated timeframe for ing of the regulatory options changes if the that prescribes private actions or outcomes; achieving the objectives, and the metrics for key assumptions identified under subclause and use in assessing progress toward the objec- (II) are changed; ‘‘(C) the term ‘incidental benefit’ means a tives; ‘‘(F) the review panel convened under sub- claimed benefit outside the specific regu- ‘‘(B) describe the progress made in achiev- paragraph (D) shall review— latory objective or objectives that a rule is ing the objectives from prior strategic plans, ‘‘(i) all agency material prepared in con- intended to address, as identified under para- including a discussion of why specific objec- nection with this subsection, including any graph (1)(B)(i). tives were not met; draft proposed rule; and ‘‘(7) All determinations made under this ‘‘(C) specify the role, including the pro- ‘‘(ii) the advice and recommendations of subsection shall be subject to review under grams and activities, of each relevant Fed- each representative of an affected party chapter 7.’’. eral agency in meeting the objectives of the identified under subparagraph (C)(i); (d) CONGRESSIONAL REVIEW.—Section strategic plan; ‘‘(G) not later than 60 days after the date 801(a)(2) of title 5, United States Code, is ‘‘(D) describe how the Federal agencies and on which the agency convenes the review amended by adding at the end the following: federally funded research and development panel under subparagraph (D)— ‘‘(C) The Comptroller General shall— centers supporting advanced manufacturing ‘‘(i) the review panel shall report on— ‘‘(i) examine the cost-benefit analysis for research and development will foster the ‘‘(I) the comments of each representative compliance with the requirements of section transfer of research and development results of an affected party identified under subpara- 553(f), including the agency methodology es- into new manufacturing technologies and graph (C)(i); and tablished under section 553(f)(2)(A); United States based manufacturing of new

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.045 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4922 CONGRESSIONAL RECORD — SENATE July 24, 2014 products and processes for the benefit of so- developed under this subsection applying to SEC. lll. NATIONAL PARK ACCESS. ciety to ensure national, energy, and eco- that fiscal year.’’. (a) FINDINGS.—Congress finds that— nomic security; (1) during the period in October 2013 in ‘‘(E) describe how such Federal agencies SA 3652. Mr. KIRK (for himself, Ms. which there was a lapse in appropriations and centers will strengthen all levels of man- AYOTTE, Mr. CORNYN, Mr. ISAKSON, Mr. (referred to in this subsection as the ‘‘Gov- ufacturing education and training programs ROBERTS, Mr. HELLER, Mr. HOEVEN, and ernment shutdown’’), the National Park to ensure an adequate, well-trained work- Mr. HATCH) submitted an amendment Service entered into agreements with the force; intended to be proposed by him to the States of Arizona, Colorado, New York, ‘‘(F) describe how such Federal agencies bill S. 2569, to provide an incentive for South Dakota, Tennessee, and Utah to temporarily reopen iconic national treasures in and centers will assist small- and medium- businesses to bring jobs back to Amer- sized manufacturers in developing and imple- the National Park System, such as the menting new products and processes; ica; which was ordered to lie on the Grand Canyon, Mount Rushmore, and the ‘‘(G) take into consideration and include a table; as follows: Statue of Liberty; discussion of the analysis conducted under At the end, add the following: (2) pursuant to the agreements described in paragraph (6); and SEC. 4. CERTIFICATION REQUIRED FOR EXER- paragraph (1), the States listed in paragraph ‘‘(H) solicit public input (which may be ac- CISE OF CERTAIN WAIVERS OF PRO- (1) advanced approximately $2,000,000 to the complished through the establishment of an VISIONS OF LAW IMPOSING SANC- National Park Service to pay for park oper- advisory panel under paragraph (7)), includ- TIONS WITH RESPECT TO IRAN. ations during the Government shutdown; (a) IN GENERAL.—On and after the date of ing the views of a wide range of stake- (3) the units of the National Park System the enactment of this Act, the President holders, and consider relevant recommenda- that were temporarily reopened using State may not exercise a waiver specified in sub- tions of Federal advisory committees. funds also collected gate entry fees; section (b) in connection with the extension ‘‘(6) PRELIMINARY ANALYSIS.— (4) the Government shutdown ended when of the terms of the Joint Plan of Action be- ‘‘(A) IN GENERAL.—As part of developing Congress passed the Continuing Appropria- yond July 20, 2014, unless the President cer- such strategic plan, the Committee, in col- tions Act, 2014 (Public Law 113–46), which tifies to Congress before the waiver takes ef- laboration with Federal departments and retroactively funded Federal agencies and fect and every 60 days thereafter that any agencies whose missions contribute to or are Federal employee salaries for the period of funds made available to the Government of affected by manufacturing, shall conduct an time during which the Government was shut Iran as a result of the waiver will not facili- analysis of factors that impact the competi- down; tate the ability of that Government— tiveness and growth of the United States (5) by virtue of the retroactive appropria- (1) to provide support for— manufacturing sector, including— tion made by Congress, the National Park (A) any individual or entity designated for ‘‘(i) research, development, innovation, Service retained an unintended shutdown the imposition of sanctions for activities re- transfer of technologies to the marketplace, windfall from the States listed in paragraph lating to international terrorism pursuant to and commercialization activities in the (1) of approximately $2,000,000; and an Executive order or by the Office of For- United States; (6) the States listed in paragraph (1) that eign Assets Control of the Department of the ‘‘(ii) the adequacy of the industrial base for entered into agreements described in para- Treasury before July 22, 2014; maintaining national security; graph (1) with the National Park Service (B) any organization designated by the ‘‘(iii) the state and capabilities of the do- should be fully reimbursed for advancing Secretary of State as a foreign terrorist or- mestic manufacturing workforce; funds to maintain public access to iconic na- ganization under section 219(a) of the Immi- ‘‘(iv) export opportunities and domestic tional treasures in the National Park Sys- gration and Nationality Act (8 U.S.C. 1189(a)) trade enforcement policies; tem during the Government shutdown. before July 22, 2014; or ‘‘(v) financing, investment, and taxation (b) REFUND OF FUNDS USED BY STATES TO (C) any other terrorist organization, in- policies and practices; OPERATE NATIONAL PARKS DURING SHUT- cluding Hamas, Hezbollah, Palestinian Is- ‘‘(vi) the state of emerging technologies DOWN.— lamic Jihad, and the regime of Bashar al- and markets; and (1) IN GENERAL.—The Director of the Na- Assad in Syria; ‘‘(vii) efforts and policies related to manu- tional Park Service shall refund to each (2) to advance the efforts of Iran or any facturing promotion undertaken by com- State all funds of the State that were used to other country to develop nuclear weapons or peting nations. reopen and temporarily operate a unit of the ballistic missiles overtly or covertly; or ‘‘(B) RELIANCE ON EXISTING INFORMATION.— National Park System during the period in (3) to commit any violation of the human To the extent practicable, in completing the October 2013 in which there was a lapse in rights of the people of Iran. analysis under subparagraph (A), the Com- appropriations for the unit. (b) WAIVERS SPECIFIED.—A waiver specified mittee shall use existing information and (2) FUNDING.—Funds of the National Park in this subsection is any of the following: Service that are appropriated after the date the results of previous studies and reports. (1) A waiver provided for under section 4(c) ‘‘(7) ADVISORY PANEL.— of enactment of this Act shall be used to or 9(c) of the Iran Sanctions Act of 1996 (Pub- carry out this subsection. ‘‘(A) ESTABLISHMENT.—The chairperson of lic Law 104–172; 50 U.S.C. 1701 note) to the the Committee may appoint an advisory imposition of sanctions under section 5(a)(7) Mr. FLAKE submitted an panel of private sector and nonprofit leaders of that Act. SA 3654. to provide input, perspective, and rec- (2) A waiver provided for under paragraph amendment intended to be proposed by ommendations to assist in the development (5) of section 1245(d) of the National Defense him to the bill S. 2569, to provide an in- of the strategic plan under this subsection. Authorization Act for Fiscal Year 2012 (22 centive for businesses to bring jobs ‘‘(B) MEMBERSHIP.—The panel shall have no U.S.C. 8513a(d)) to the imposition of sanc- back to America; which was ordered to more than 15 members, and shall include rep- tions under paragraph (1) of that section. resentatives of manufacturing businesses, lie on the table; as follows: (3) A waiver provided for under subsection At the end, add the following: labor representatives of the manufacturing (e) of section 302 of the Iran Threat Reduc- workforce, academia, and groups rep- tion and Syria Human Rights Act of 2012 (22 SEC. llll. PUBLIC ACCESS TO PUBLIC LAND GUARANTEE. resenting interests affected by manufac- U.S.C. 8742) to the identification of foreign turing activities. persons under subsection (a) of that section. (a) FINDINGS.—Congress finds that— ‘‘(C) APPLICATION OF FEDERAL ADVISORY (4) A waiver provided for under subsection (1) public land in the United States is man- COMMITTEE ACT.—The Federal Advisory Com- (i) of section 1244 of the Iran Freedom and aged and administered for the use and enjoy- mittee Act (5 U.S.C. App.), other than sec- Counter-Proliferation Act of 2012 (22 U.S.C. ment of present and future generations; tion 14 of such Act, shall apply to the Advi- 8803) to the imposition of sanctions under (2) the National Park System (including sory Panel. subsection (c) of that section. National Parks, National Monuments, and ‘‘(8) UPDATES.—Not later than May 1, 2018, (c) JOINT PLAN OF ACTION DEFINED.—In this National Recreation Areas) is managed for and not less frequently than once every 4 section, the term ‘‘Joint Plan of Action’’ the benefit and inspiration of all the people years thereafter, the President shall submit means the Joint Plan of Action, signed at of the United States; to Congress, and publish on an Internet Geneva November 24, 2013, by Iran and by (3) the National Wildlife Refuge System is website that is accessible to the public, an France, Germany, the Russian Federation, administered for the benefit of present and update of the strategic plan transmitted the People’s Republic of China, the United future generations of people in the United under paragraph (1). Such updates shall be Kingdom, and the United States. States, with priority consideration for com- developed in accordance with the procedures patible wildlife-dependent general public set forth under this subsection. SA 3653. Mr. FLAKE submitted an uses of the National Wildlife Refuge System; ‘‘(9) REQUIREMENT TO CONSIDER STRATEGY IN amendment intended to be proposed by (4) the National Forest System is dedicated THE BUDGET.—In preparing the budget for a him to the bill S. 2569, to provide an in- to the long-term benefit of present and fu- fiscal year under section 1105(a) of title 31, ture generations; and United States Code, the President shall incentive for businesses to bring jobs (5) the reopening and temporary operation clude information regarding the consistency back to America; which was ordered to and management of public land, the National of the budget with the goals and rec- lie on the table; as follows: Park System, the National Wildlife Refuge ommendations included in the strategic plan At the end, add the following: System, and the National Forest System

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.044 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4923 using funds from States and political sub- of 1986 are each amended by striking ‘‘Janu- SA 3658. Mr. SANDERS (for himself, divisions of States during periods in which ary 1, 2014’’ each place it appears and insert- Mr. LEAHY, and Mr. BROWN) submitted the Federal Government is unable to operate ing ‘‘January 1, 2016’’: an amendment intended to be proposed and manage the areas at normal levels due (1) Paragraph (1). by him to the bill S. 2569, to provide an to a lapse in appropriations is consistent (2) Paragraph (2)(A). with the values and purposes for which those (3) Paragraph (3)(A). incentive for businesses to bring jobs areas were established. (4) Paragraph (4)(B). back to America; which was ordered to (b) DEFINITIONS.—In this section: (5) Paragraph (6). lie on the table; as follows: (1) COVERED UNIT.—The term ‘‘covered (6) Paragraph (7). At the end of the bill, add the following: unit’’ means— (7) Paragraph (9). TITLE II—UNITED STATES EMPLOYEE (A) public land; (8) Paragraph (11)(B). OWNERSHIP BANK (B) units of the National Park System; (b) EXTENSION OF ELECTION TO TREAT SEC. 201. SHORT TITLE. (C) units of the National Wildlife Refuge QUALIFIED FACILITIES AS ENERGY PROP- This title may be cited as the ‘‘United System; or ERTY.—Clause (ii) of section 48(a)(5)(C) of the States Employee Ownership Bank Act’’. (D) units of the National Forest System. Internal Revenue Code of 1986 is amended by SEC. 202. FINDINGS. (2) PUBLIC LAND.—The term ‘‘public land’’ striking ‘‘January 1, 2014’’ and inserting has the meaning given the term ‘‘public ‘‘January 1, 2016’’. Congress finds that— lands’’ in section 103 of the Federal Land (c) EFFECTIVE DATES.—The amendments (1) between January 2000 and June 2014, the Policy and Management Act of 1976 (43 made by this section shall take effect on manufacturing sector lost 5,162,000 jobs; U.S.C. 1702). January 1, 2014. (2) as of June 2014, only 12,121,000 workers in the United States were employed in the (3) SECRETARY.—The term ‘‘Secretary’’ means— SA 3656. Mr. HATCH (for himself, Mr. manufacturing sector, lower than June 1941; (A) the Secretary of the Interior, with re- ALEXANDER, Ms. AYOTTE, Mr. BAR- (3) at the end of 2013, the United States had a trade deficit of $474,864,000,000, including a spect to land under the jurisdiction of the RASSO, Mr. BLUNT, Mr. BURR, Mr. Secretary of the Interior; or record-breaking $318,417,200,000 trade deficit COATS, Mr. COBURN, Ms. COLLINS, Mr. with China; (B) the Secretary of Agriculture, with re- CORNYN, Mr. CRAPO, Mr. ENZI, Mr. spect to land under the jurisdiction of the (4) preserving and increasing decent paying FLAKE, Mr. GRASSLEY, Mr. ISAKSON, Secretary of Agriculture. jobs must be a top priority of Congress; OHANNS EE C AIN (c) AGREEMENT TO KEEP PUBLIC LAND OPEN Mr. J , Mr. L , Mr. M C , Mr. (5) providing loan guarantees, direct loans, DURING A GOVERNMENT SHUTDOWN.— PORTMAN, Mr. ROBERTS, Mr. RUBIO, Mr. and technical assistance to employees to buy (1) IN GENERAL.—Subject to paragraph (2), THUNE, Mr. TOOMEY, Mr. GRAHAM, and their own companies will preserve and in- if a State or political subdivision of the Mr. SCOTT) submitted an amendment crease employment in the United States; and State offers, the Secretary shall enter into intended to be proposed by him to the (6) the time has come to establish the United States Employee Ownership Bank to an agreement with the State or political sub- bill S. 2569, to provide an incentive for division of the State under which the United preserve and expand jobs in the United businesses to bring jobs back to Amer- States through Employee Stock Ownership States may accept funds from the State or ica; which was ordered to lie on the political subdivision of the State to reopen, Plans and worker-owned cooperatives. in whole or in part, any covered unit within table; as follows: SEC. 203. DEFINITIONS. the State or political subdivision of the At the appropriate place, insert the fol- In this title— State during any period in which there is a lowing: (1) the term ‘‘Bank’’ means the United lapse in appropriations for the covered unit. SEC. lll. REPEAL OF MEDICAL DEVICE EXCISE States Employee Ownership Bank, estab- (2) APPLICABILITY.—The authority under TAX. lished under section 204; paragraph (1) shall only be in effect during (a) IN GENERAL.—Chapter 32 of the Internal (2) the term ‘‘eligible worker-owned coop- any period in which the Secretary is unable Revenue Code of 1986 is amended by striking erative’’ has the same meaning as in section to operate and manage covered units at nor- subchapter E. 1042(c)(2) of the Internal Revenue Code of mal levels, as determined in accordance with (b) CONFORMING AMENDMENTS.— 1986; the terms of agreement entered into under (1) Subsection (a) of section 4221 of such (3) the term ‘‘employee stock ownership paragraph (1). Code is amended by striking the last sen- plan’’ has the same meaning as in section (3) REFUND.—The Secretary shall refund to tence. 4975(e)(7) of the Internal Revenue Code of the State or political subdivision of the (2) Paragraph (2) of section 6416(b) of such 1986; and State all amounts provided to the United Code is amended by striking the last sen- (4) the term ‘‘Secretary’’ means the Sec- States under an agreement entered into tence. retary of the Treasury. under paragraph (1)— (c) CLERICAL AMENDMENT.—The table of SEC. 204. ESTABLISHMENT OF UNITED STATES (A) on the date of enactment of an Act subchapter for chapter 32 of such Code is EMPLOYEE OWNERSHIP BANK WITH- retroactively appropriating amounts suffi- amended by striking the item related to sub- IN THE DEPARTMENT OF THE TREASURY. cient to maintain normal operating levels at chapter E. (d) EFFECTIVE DATE.—The amendments (a) ESTABLISHMENT OF BANK.— the covered unit reopened under an agree- made by this section shall apply to sales (1) IN GENERAL.—Before the end of the 90- ment entered into under paragraph (1); or after the date of the enactment of this Act. day period beginning on the date of enact- (B) on the date on which the State or polit- ment of this title, the Secretary shall estab- ical subdivision establishes, in accordance SA 3657. Mr. HATCH (for himself, Mr. lish the United States Employee Ownership with the terms of the agreement, that, dur- ALEXANDER, Ms. AYOTTE, Mr. BAR- Bank, to foster increased employee owner- ing the period in which the agreement was in ship of United States companies and greater effect, fees for entrance to, or use of, the cov- RASSO, Mr. BLUNT, Mr. BURR, Mr. employee participation in company decision- ered units were collected by the Secretary. COATS, Mr. COBURN, Ms. COLLINS, Mr. making throughout the United States. (4) VOLUNTARY REIMBURSEMENT.—If the re- CORNYN, Mr. CRAPO, Mr. ENZI, Mrs. (2) ORGANIZATION OF THE BANK.— quirements for a refund under paragraph (3) FISCHER, Mr. FLAKE, Mr. GRASSLEY, (A) MANAGEMENT.—The Secretary shall ap- are not met, the Secretary may, subject to Mr. JOHANNS, Mr. MCCAIN, Mr. point a Director to serve as the head of the the availability of appropriations, reimburse PORTMAN, Mr. ROBERTS, Mr. RUBIO, Mr. Bank, who shall serve at the pleasure of the the State and political subdivision of the THUNE, Mr. GRAHAM, and Mr. SCOTT) Secretary. State for any amounts provided to the submitted an amendment intended to (B) STAFF.—The Director may select, ap- United States by the State or political sub- point, employ, and fix the compensation of division under an agreement entered into be proposed by him to the bill S. 2569, such employees as are necessary to carry out under paragraph (1). to provide an incentive for businesses to bring jobs back to America; which the functions of the Bank. SA 3655. Mr. GRASSLEY submitted (b) DUTIES OF BANK.—The Bank is author- was ordered to lie on the table; as fol- ized to provide loans, on a direct or guaran- an amendment intended to be proposed lows: teed basis, which may be subordinated to the by him to the bill S. 2569, to provide an At the appropriate place, insert the fol- interests of all other creditors— incentive for businesses to bring jobs lowing: (1) to purchase a company through an em- back to America; which was ordered to SEC. ll. REPEAL OF THE EMPLOYER MANDATE. ployee stock ownership plan or an eligible lie on the table; as follows: Sections 1513 and 1514 and subsections (e), worker-owned cooperative, which shall be at At the end, add the following: (f), and (g) of section 10106 of the Patient least 51 percent employee owned, or will be- SEC. ll. EXTENSION OF CREDITS WITH RE- Protection and Affordable Care Act (and the come at least 51 percent employee owned as SPECT TO FACILITIES PRODUCING amendments made by such sections and sub- a result of financial assistance from the ENERGY FROM CERTAIN RENEW- sections) are repealed and the Internal Rev- Bank; ABLE RESOURCES. enue Code of 1986 shall be applied and admin- (2) to allow a company that is less than 51 (a) IN GENERAL.—The following provisions istered as if such provisions and amendments percent employee owned to become at least of section 45(d) of the Internal Revenue Code had never been enacted. 51 percent employee owned;

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.044 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4924 CONGRESSIONAL RECORD — SENATE July 24, 2014 (3) to allow a company that is already at shall be the fair market value of the plant or (C) many of the members of the boards of least 51 percent employee owned to increase facility, as determined by an appraisal by an directors of Federal reserve banks own stock the level of employee ownership at the com- independent third party jointly selected by or work directly for banks that are super- pany; and the employer and the employees. The cost of vised and regulated by the Federal Reserve (4) to allow a company that is already at the appraisal may be shared evenly between System. These board members oversee the least 51 percent employee owned to expand the employer and the employees. operations of the Federal reserve banks, in- operations and increase or preserve employ- ‘‘(2) EXEMPTIONS.—Paragraph (1) shall not cluding salary and personnel decisions; ment. apply— (D) under current regulations, members of (c) PRECONDITIONS.—Before the Bank ‘‘(A) if an employer orders a plant closing, a board of directors of a Federal reserve makes any subordinated loan or guarantees but will retain the assets of such plant to bank who are employed by the banking in- a loan under subsection (b)(1), a business continue or begin a business within the dustry or own stock in financial institutions plan shall be submitted to the bank that— United States; or can participate in decisions involving how (1) shows that— ‘‘(B) if an employer orders a plant closing much interest to charge to financial institu- (A) not less than 51 percent of all interests and such employer intends to continue the tions receiving loans from the Federal Re- in the company is or will be owned or con- business conducted at such plant at another serve System, and the approval or dis- trolled by an employee stock ownership plan plant within the United States.’’. approval of Federal Reserve credit to or eligible worker-owned cooperative; SEC. 206. REGULATIONS ON SAFETY AND SOUND- healthy banks and banks in ‘‘hazardous’’ (B) the board of directors of the company NESS AND PREVENTING COMPETI- condition; is or will be elected by shareholders on a one TION WITH COMMERCIAL INSTITU- (E) 21 members of the boards of directors of share to one vote basis or by members of the TIONS. Federal reserve banks were involved in mak- eligible worker-owned cooperative on a one Before the end of the 90-day period begin- ing personnel decisions in the division of su- member to one vote basis, except that shares ning on the date of enactment of this title, pervision and regulation under the Federal held by the employee stock ownership plan the Secretary of the Treasury shall prescribe Reserve System; and will be voted according to section 409(e) of such regulations as are necessary to imple- (F) the Federal Reserve System does not the Internal Revenue Code of 1986, with par- ment this title and the amendments made by publicly disclose when it grants a waiver to ticipants providing voting instructions to this title, including— its conflict of interest regulations. the trustee of the employee stock ownership (1) regulations to ensure the safety and (2) Allowing currently employed banking plan in accordance with the terms of the em- soundness of the Bank; and industry executives to serve as directors on ployee stock ownership plan and the require- (2) regulations to ensure that the Bank the boards of directors of Federal reserve ments of that section 409(e); and will not compete with commercial financial banks is a clear conflict of interest that (C) all employees will receive basic infor- institutions. must be eliminated. mation about company progress and have SEC. 207. COMMUNITY REINVESTMENT CREDIT. (3) No one who works for or invests in a the opportunity to participate in day-to-day Section 804 of the Community Reinvest- firm receiving direct financial assistance operations; and ment Act of 1977 (12 U.S.C. 2903) is amended from the Federal Reserve System should be (2) includes a feasibility study from an ob- by adding at the end the following: allowed to sit on any board of directors of a ‘‘(e) ESTABLISHMENT OF EMPLOYEE STOCK jective third party with a positive deter- Federal reserve bank or be employed by the OWNERSHIP PLANS AND ELIGIBLE WORKER- mination that the employee stock ownership Federal Reserve System. plan or eligible worker-owned cooperative OWNED COOPERATIVES.—In assessing and tak- (b) CLASS A MEMBERS.—The tenth undesig- will generate enough of a margin to pay back ing into account, under subsection (a), the record of a financial institution, the appro- nated paragraph of section 4 of the Federal any loan, subordinated loan, or loan guar- Reserve Act (12 U.S.C. 302) (relating to Class antee that was made possible through the priate Federal financial supervisory agency may consider as a factor capital invest- A) is amended by striking ‘‘chosen by and be Bank. representative of the stockholding banks’’ (d) TERMS AND CONDITIONS FOR LOANS AND ments, loans, loan participation, technical and inserting ‘‘designated by the Board of LOAN GUARANTEES.—Notwithstanding any assistance, financial advice, grants, and other provision of law, a loan that is pro- other ventures undertaken by the institution Governors of the Federal Reserve System, vided or guaranteed under this section to support or enable employees to establish from among persons who are not employed in shall— employee stock ownership plans or eligible any capacity by a stockholding bank’’. (1) bear interest at an annual rate, as de- worker-owned cooperatives (as those terms (c) CLASS B.—The eleventh undesignated termined by the Secretary— are defined in sections 4975(e)(7) and paragraph of section 4 of the Federal Reserve (A) in the case of a direct loan under this 1042(c)(2) of the Internal Revenue Code of Act (12 U.S.C. 302) (relating to Class B) is title— 1986, respectively), that are at least 51 per- amended by striking ‘‘be elected’’ and insert- (i) sufficient to cover the cost of borrowing cent employee-owned plans or coopera- ing ‘‘be designated by the Board of Gov- to the Department of the Treasury for obli- tives.’’. ernors of the Federal Reserve System’’. SEC. 208. AUTHORIZATION OF APPROPRIATIONS. gations of comparable maturity; or (d) LIMITATIONS ON BOARDS OF DIRECTORS.— (ii) of 4 percent; and There are authorized to be appropriated to The fourteenth and fifteenth undesignated (B) in the case of a loan guaranteed under the Secretary to carry out this title, paragraphs of section 4 of the Federal Re- this section, in an amount that is equal to $500,000,000 for fiscal year 2015, and such sums serve Act (12 U.S.C. 303) (relating to Class B the current applicable market rate for a loan as may be necessary for each fiscal year and Class C, respectively) are amended to of comparable maturity; and thereafter. read as follows: (2) have a term not to exceed 12 years. SA 3659. Mr. SANDERS (for himself ‘‘No employee of a bank holding company SEC. 205. EMPLOYEE RIGHT OF FIRST REFUSAL and Mr. BEGICH) submitted an amend- or other entity regulated by the Board of BEFORE PLANT OR FACILITY CLOS- Governors of the Federal Reserve System ING. ment intended to be proposed to Section 3 of the Worker Adjustment and amendment SA 3608 submitted by Mr. may serve on the board of directors of any Federal reserve bank. Retraining Notification Act (29 U.S.C. 2102) PAUL and intended to be proposed to is amended— the bill S. 2569, to provide an incentive ‘‘No employee of the Federal Reserve Sys- tem or board member of a Federal reserve (1) in the section heading, by adding at the for businesses to bring jobs back to end the following: ‘‘ bank may own any stock or invest in any ; EMPLOYEE STOCK OWNER- America; which was ordered to lie on SHIP PLANS OR ELIGIBLE WORKER-OWNED CO- company that is regulated by the Board of OPERATIVES’’; and the table; as follows: Governors of the Federal Reserve System, (2) by adding at the end the following: On page 4 of the amendment, after line 9, without exception.’’. ‘‘(e) EMPLOYEE STOCK OWNERSHIP PLANS insert the following: (e) REPORTS TO CONGRESS.—The Comp- AND ELIGIBLE WORKER-OWNED COOPERA- SEC. ll. ENDING CONFLICTS OF INTERESTS. troller General of the United States shall re- TIVES.— (a) FINDINGS.—Congress finds the fol- port annually to Congress beginning 1 year ‘‘(1) GENERAL RULE.—If an employer orders lowing: after the date of enactment of this Act to a plant or facility closing in connection with (1) In October 2011, the Government Ac- make sure that the provisions of this section the termination of its operations at such countability Office found that— are followed. plant or facility, the employer shall offer its (A) allowing members of the banking in- employees an opportunity to purchase such dustry to both elect and serve on the boards plant or facility through an employee stock of directors of Federal reserve banks poses SA 3660. Mr. SANDERS (for himself, ownership plan (as that term is defined in reputational risks to the Federal Reserve Mr. LEAHY, and Mr. BROWN) submitted section 4975(e)(7) of the Internal Revenue System; an amendment intended to be proposed Code of 1986) or an eligible worker-owned co- (B) 18 former and current members of the by him to the bill S. 2569, to provide an operative (as that term is defined in section boards of directors of Federal reserve banks incentive for businesses to bring jobs 1042(c)(2) of the Internal Revenue Code of were affiliated with banks and companies back to America; which was ordered to 1986) that is at least 51 percent employee that received emergency loans from the Fed- lie on the table; as follows: owned. The value of the company which is to eral Reserve System during the financial cri- be the subject of such plan or cooperative sis; At the end, add the following:

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(a) SHORT TITLE.—This section may be possibilities and benefits of employee owner- (e) GRANTS.— cited as the ‘‘Worker Ownership, Readiness, ship, business ownership succession plan- (1) IN GENERAL.—In carrying out the pro- and Knowledge Act’’ or the ‘‘WORK Act’’. ning, and employee participation in business gram established under subsection (d), the (b) DEFINITIONS.—In this section: decisionmaking, including providing infor- Secretary may make grants for use in con- (1) EXISTING PROGRAM.—The term ‘‘existing mation about financial education, employee nection with new programs and existing pro- program’’ means a program, designed to pro- teams, open-book management, and other grams within a State for any of the following mote employee ownership and employee par- tools that enable employees to share ideas activities: ticipation in business decisionmaking, that (A) Education and outreach as provided in exists on the date the Secretary is carrying and information about how their businesses subsection (d)(2)(A). out a responsibility authorized by this sec- can succeed; tion. (B) providing technical assistance to assist (B) Technical assistance as provided in subsection (d)(2)(B). (2) INITIATIVE.—The term ‘‘Initiative’’ employee efforts to become business owners, means the Employee Ownership and Partici- to enable employers and employees to ex- (C) Training activities for employees and pation Initiative established under sub- plore and assess the feasibility of transfer- employers as provided in subsection (d)(2)(C). section (c). ring full or partial ownership to employees, (D) Activities facilitating cooperation among employee-owned firms. (3) NEW PROGRAM.—The term ‘‘new pro- and to encourage employees and employers gram’’ means a program, designed to pro- to start new employee-owned businesses; (E) Training as provided in subsection mote employee ownership and employee par- (C) training employees and employers with (d)(2)(D) for new programs provided by participation in business decisionmaking, that respect to methods of employee participa- ticipants in existing programs dedicated to does not exist on the date the Secretary is tion in open-book management, work teams, the objectives of this section, except that, carrying out a responsibility authorized by committees, and other approaches for seek- for each fiscal year, the amount of the this section. ing greater employee input; and grants made for such training shall not exceed 10 percent of the total amount of the (4) SECRETARY.—The term ‘‘Secretary’’ (D) training other entities to apply for means the Secretary of Labor, acting funding under this subsection, to establish grants made under this section. through the Assistant Secretary for Employ- new programs, and to carry out program ac- (2) AMOUNTS AND CONDITIONS.—The Sec- ment and Training. tivities. retary shall determine the amount and any conditions for a grant made under this sub- (5) STATE.—The term ‘‘State’’ means any of (3) PROGRAM DETAILS.—The Secretary may the 50 States within the United States of include, in the program established under section. The amount of the grant shall be America. paragraph (1), provisions that— subject to paragraph (6), and shall reflect the (c) EMPLOYEE OWNERSHIP AND PARTICIPA- (A) in the case of activities under para- capacity of the applicant for the grant. TION INITIATIVE.— graph (2)(A)— (3) APPLICATIONS.—Each entity desiring a (1) ESTABLISHMENT.—The Secretary of (i) target key groups such as retiring busi- grant under this subsection shall submit an Labor shall establish within the Employ- ness owners, senior managers, unions, trade application to the Secretary at such time, in ment and Training Administration of the De- associations, community organizations, and such manner, and accompanied by such in- partment of Labor an Employee Ownership economic development organizations; formation as the Secretary may reasonably and Participation Initiative to promote em- (ii) encourage cooperation in the organiza- require. ployee ownership and employee participation tion of workshops and conferences; and (4) STATE APPLICATIONS.—Each State may in business decisionmaking. (iii) prepare and distribute materials con- sponsor and submit an application under (2) FUNCTIONS.—In carrying out the Initia- cerning employee ownership and participa- paragraph (3) on behalf of any local entity tive, the Secretary shall— tion, and business ownership succession consisting of a unit of State or local govern- (A) support within the States existing pro- planning; ment, State-supported institution of higher grams designed to promote employee owner- (B) in the case of activities under para- education, or nonprofit organization, meet- ship and employee participation in business graph (2)(B)— ing the requirements of this section. decisionmaking; and (i) provide preliminary technical assist- (5) APPLICATIONS BY ENTITIES.— (B) facilitate within the States the forma- ance to employee groups, managers, and re- (A) ENTITY APPLICATIONS.—If a State fails tion of new programs designed to promote tiring owners exploring the possibility of em- to support or establish a program pursuant employee ownership and employee participa- ployee ownership; to this section during any fiscal year, the tion in business decisionmaking. (ii) provide for the performance of prelimi- Secretary shall, in the subsequent fiscal (3) DUTIES.—To carry out the functions nary feasibility assessments; years, allow local entities described in para- enumerated in paragraph (2), the Secretary (iii) assist in the funding of objective graph (4) from that State to make applica- shall— third-party feasibility studies and prelimi- tions for grants under paragraph (3) on their (A) support new programs and existing pro- nary business valuations, and in selecting own initiative. grams by— and monitoring professionals qualified to (B) APPLICATION SCREENING.—Any State (i) making Federal grants authorized under conduct such studies; and failing to support or establish a program subsection (e); and (iv) provide a data bank to help employees pursuant to this section during any fiscal (ii)(I) acting as a clearinghouse on tech- find legal, financial, and technical advice in year may submit applications under para- niques employed by new programs and exist- connection with business ownership; graph (3) in the subsequent fiscal years but ing programs within the States, and dissemi- (C) in the case of activities under para- may not screen applications by local entities nating information relating to those tech- graph (2)(C)— described in paragraph (4) before submitting niques to the programs; or (i) provide for courses on employee partici- the applications to the Secretary. (II) funding projects for information gath- pation; and (6) LIMITATIONS.—A recipient of a grant ering on those techniques, and dissemination (ii) provide for the development and fos- made under this subsection shall not receive, of that information to the programs, by tering of networks of employee-owned com- during a fiscal year, in the aggregate, more groups outside the Employment and Train- panies to spread the use of successful partici- than the following amounts: ing Administration; and pation techniques; and (A) For fiscal year 2015, $300,000. (B) facilitate the formation of new pro- (D) in the case of training under paragraph (B) For fiscal year 2016, $330,000. grams, in ways that include holding or fund- (2)(D)— (C) For fiscal year 2017, $363,000. ing an annual conference of representatives (i) provide for visits to existing programs (D) For fiscal year 2018, $399,300. from States with existing programs, rep- by staff from new programs receiving fund- (E) For fiscal year 2019, $439,200. resentatives from States developing new pro- ing under this section; and (7) ANNUAL REPORT.—For each year, each grams, and representatives from States with- (ii) provide materials to be used for such recipient of a grant under this subsection out existing programs. training. shall submit to the Secretary a report de- (d) PROGRAMS REGARDING EMPLOYEE OWN- (4) GUIDANCE.—The Secretary shall issue scribing how grant funds allocated pursuant ERSHIP AND PARTICIPATION.— formal guidance, for recipients of grants to this subsection were expended during the (1) ESTABLISHMENT OF PROGRAM.—Not later awarded under subsection (e) and one-stop 12-month period preceding the date of the than 180 days after the date of enactment of partners affiliated with the statewide work- submission of the report. this Act, the Secretary shall establish a pro- force investment systems described in sec- (f) EVALUATIONS.—The Secretary is author- gram to encourage new and existing pro- tion 106 of the Workforce Investment Act of ized to reserve not more than 10 percent of grams within the States, designed to foster 1998 (29 U.S.C. 2881), proposing that programs the funds appropriated for a fiscal year to employee ownership and employee participa- and other activities funded under this sec- carry out this section, for the purposes of tion in business decisionmaking throughout tion be— conducting evaluations of the grant pro- the United States. (A) proactive in encouraging actions and grams identified in subsection (e) and to pro- (2) PURPOSE OF PROGRAM.—The purpose of activities that promote employee ownership vide related technical assistance. the program established under paragraph (1) of, and participation in, businesses; and (g) REPORTING.—Not later than the expira- is to encourage new and existing programs (B) comprehensive in emphasizing both tion of the 36-month period following the within the States that focus on— employee ownership of, and participation in, date of enactment of this Act, the Secretary

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shall prepare and submit to Congress a re- paragraph (A) has incomplete information on ‘‘(v) ENFORCEMENT.—A State’s compliance port— any items required to be included in the re- with this subparagraph does not bar the At- (1) on progress related to employee owner- port, the chief State election official shall torney General from seeking additional rem- ship and participation in businesses in the make all reasonable efforts to expeditiously edies necessary to fully resolve or prevent United States; and supplement the report with complete infor- ongoing, future, or systematic violations of (2) containing an analysis of critical costs mation. this provision. and benefits of activities carried out under ‘‘(D) FORMAT.—The report under subpara- ‘‘(C) SPECIAL PROCEDURE IN EVENT OF DIS- this section. graph (A) shall be in a format prescribed by ASTER.—If a disaster (hurricane, tornado, (h) AUTHORIZATIONS OF APPROPRIATIONS.— the Attorney General in consultation with earthquake, storm, volcanic eruption, land- (1) IN GENERAL.—There are authorized to be the chief State election officials of each slide, fire, flood, or explosion), or an act of appropriated for the purpose of making State. terrorism prevents the State from transmit- grants pursuant to subsection (e) the fol- ‘‘(2) POST ELECTION REPORT ON NUMBER OF ting any absentee ballot by the 46th day be- lowing: ABSENTEE BALLOTS TRANSMITTED AND RE- fore the election as required by subparagraph (A) For fiscal year 2015, $3,850,000. CEIVED.—Not later than 90 days’’. (A), it shall notify the Attorney General as (B) For fiscal year 2016, $6,050,000. (b) CONFORMING AMENDMENT.—The heading soon as practicable and take all actions nec- (C) For fiscal year 2017, $8,800,000. for subsection (c) of section 102 of such Act essary, including seeking any necessary judi- (D) For fiscal year 2018, $11,550,000. (42 U.S.C. 1973ff–1(c)) is amended by striking cial relief, to ensure that affected absent (E) For fiscal year 2019, $14,850,000. ‘‘REPORT ON NUMBER OF ABSENTEE BALLOTS uniformed services voters and overseas vot- (2) ADMINISTRATIVE EXPENSES.—There are TRANSMITTED AND RECEIVED’’ and inserting ers are provided a reasonable opportunity to authorized to be appropriated for the purpose ‘‘REPORTS ON ABSENTEE BALLOTS’’. receive and return their absentee ballots in of funding the administrative expenses re- SEC. 1078B. TRANSMISSION REQUIREMENTS; RE- time to be counted. lated to the Initiative, for each of fiscal PEAL OF WAIVER PROVISION. ‘‘(2) REQUESTS RECEIVED AFTER 47TH DAY BE- years 2015 through 2019, an amount not in ex- (a) IN GENERAL.—Paragraph (8) of section FORE ELECTION.—For purposes of subsection cess of— 102(a) of the Uniformed and Overseas Citizens (a)(8), in the case in which a valid request for (A) $350,000; or Absentee Voting Act (42 U.S.C. 1973ff–1(a)) is an absentee ballot is received less than 47 (B) 5.0 percent of the maximum amount amended to read as follows: days but not less than 30 days before an elec- available under paragraph (1) for that fiscal ‘‘(8) transmit a validly requested absentee tion for Federal office, the State shall trans- year. ballot to an absent uniformed services voter mit the absentee ballot not later than 3 busi- or overseas voter by the date and in the ness days after such request is received.’’. SA 3661. Mr. SCHUMER submitted an manner determined under subsection (g);’’. SEC. 1078C. TECHNICAL CLARIFICATIONS TO CONFORM TO 2009 MOVE ACT amendment intended to be proposed by (b) BALLOT TRANSMISSION REQUIREMENTS him to the bill S. 2410, to authorize ap- AMENDMENTS RELATED TO THE AND REPEAL OF WAIVER PROVISION.—Sub- FEDERAL WRITE-IN ABSENTEE BAL- propriations for fiscal year 2015 for section (g) of section 102 of such Act (42 LOT. military activities of the Department U.S.C. 1973ff–1(g)) is amended to read as fol- (a) IN GENERAL.—Section 102(a)(3) of the of Defense, for military construction, lows: Uniformed and Overseas Citizens Absentee and for defense activities of the De- ‘‘(g) BALLOT TRANSMISSION REQUIRE- Voting Act (42 U.S.C. 1973ff–1(a)(3)) is amend- partment of Energy, to prescribe mili- MENTS.— ed by striking ‘‘general elections’’ and in- tary personnel strengths for such fiscal ‘‘(1) IN GENERAL.—For purposes of sub- serting ‘‘general, special, primary, and run- section (a)(8), in the case in which a valid re- off elections’’. year, and for other purposes; which was quest for an absentee ballot is received at (b) CONFORMING AMENDMENT.—Section 103 ordered to lie on the table; as follows: least 47 days before an election for Federal of such Act (42 U.S.C. 1973ff–2) is amended— On page 384, between lines 9 and 10, insert office, the following rules shall apply: (1) in subsection (b)(2)(B), by striking the following: ‘‘(A) TRANSMISSION DEADLINE.—The State ‘‘general’’, and PART III—AMENDMENTS RELATED TO shall transmit the absentee ballot not later (2) in the heading thereof, by striking THE UNIFORMED AND OVERSEAS CITI- than 46 days before the election. ‘‘GENERAL’’. ZENS ABSENTEE VOTING ACT ‘‘(B) SPECIAL RULES IN CASE OF FAILURE TO SEC. 1078D. TREATMENT OF POST CARD REG- ISTRATION REQUESTS. SEC. 1078A. PRE-ELECTION REPORTING RE- TRANSMIT ON TIME.— QUIREMENT ON TRANSMISSION OF ‘‘(i) IN GENERAL.—If the State fails to Section 102 of the Uniformed and Overseas ABSENTEE BALLOTS. transmit any absentee ballot by the 46th day Citizens Absentee Voting Act (42 U.S.C. (a) IN GENERAL.—Subsection (c) of section before the election as required by subpara- 1973ff–1) is amended by adding at the end the 102 of the Uniformed and Overseas Citizens graph (A) and the absent uniformed services following new subsection: Absentee Voting Act (42 U.S.C. 1973ff–1(c)) is voter or overseas voter did not request elec- ‘‘(j) TREATMENT OF POST CARD REGISTRA- amended by striking ‘‘Not later than 90 tronic ballot transmission pursuant to sub- TIONS.—A State shall not remove any voter days’’ and inserting the following: section (f), the State shall transmit such bal- who has registered to vote using the official post card form (prescribed under section 101) ‘‘(1) PRE-ELECTION REPORT ON ABSENTEE lot by express delivery. except in accordance with subparagraph (A), BALLOTS TRANSMITTED.— ‘‘(ii) EXTENDED FAILURE.—If the State fails (B), or (C) of section 8(a)(3) of the National ‘‘(A) IN GENERAL.—Not later than 43 days to transmit any absentee ballot by the 41st Voter Registration Act of 1993 (42 U.S.C. before any election for Federal office held in day before the election, in addition to trans- 1973gg–6(a)).’’. a State, the chief State election official of mitting the ballot as provided in clause (i), such State shall submit a report containing the State shall— SEC. 1078E. TREATMENT OF BALLOT REQUESTS. (a) APPLICATION OF PROHIBITION OF RE- the information in subparagraph (B) to the ‘‘(I) in the case of absentee ballots re- FUSAL OF APPLICATIONS ON GROUNDS OF Attorney General and the Presidential des- quested by absent uniformed services voters EARLY SUBMISSION TO OVERSEAS VOTERS.— ignee, and make that report publicly avail- with respect to regularly scheduled general Section 104 of the Uniformed and Overseas able that same day. elections, notify such voters of the proce- Citizens Absentee Voting Act (42 U.S.C. ‘‘(B) INFORMATION REPORTED.—The report dures established under section 103A for the 1973ff–3) is amended— under subparagraph (A) shall consist of the collection and delivery of marked absentee (1) by inserting ‘‘or overseas voter’’ after following: ballots; and ‘‘submitted by an absent uniformed services ‘‘(i) The total number of absentee ballots ‘‘(II) in any other case, provide for the re- voter’’; and validly requested by absent uniformed serv- turn of such ballot by express delivery. (2) by striking ‘‘members of the uniformed ices voters and overseas voters whose re- ‘‘(iii) COST OF EXPRESS DELIVERY.—In any services’’ and inserting ‘‘absent uniformed quests were received by the 47th day before case in which express delivery is required services voters or overseas voters’’. the election. under this subparagraph, the cost of such ex- (b) USE OF SINGLE APPLICATION FOR SUBSE- ‘‘(ii) The total number of ballots trans- press delivery— QUENT ELECTIONS.— mitted to such voters by the 46th day before ‘‘(I) shall not be paid by the voter, and (1) IN GENERAL.—Section 104 of the Uni- the election by each unit of local govern- ‘‘(II) may be required by the State to be formed and Overseas Citizens Absentee Vot- ment within the State that will administer paid by a local jurisdiction if the State de- ing Act (42 U.S.C. 1973ff–3) is amended— the election. termines that election officials in such juris- (A) by striking ‘‘A State’’ and inserting the ‘‘(iii) If the chief State election official has diction are responsible for the failure to following: incomplete information on any items re- transmit the ballot by any date required ‘‘(a) PROHIBITION OF REFUSAL OF APPLICA- quired to be included in the report, an expla- under this paragraph. TIONS ON GROUNDS OF EARLY SUBMISSION.—A nation of what information is incomplete in- ‘‘(iv) EXCEPTION.—Clause (ii)(II) shall not State’’, and formation and efforts made to acquire such apply when an absent uniformed services (B) by adding at the end the following new information, including the identity of any voter or overseas voter indicates the pref- subsections: unit of local government that failed to pro- erence to return the late sent absentee ballot ‘‘(b) APPLICATION TREATED AS VALID FOR vide required information to the State. by electronic transmission in a State that SUBSEQUENT ELECTIONS.— ‘‘(C) REQUIREMENT TO SUPPLEMENT INCOM- permits return of an absentee ballot by elec- ‘‘(1) IN GENERAL.—If a State accepts and PLETE INFORMATION.—If the report under sub- tronic transmission. processes a request for an absentee ballot by

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.047 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4927 an absent uniformed services voter or over- (B) by striking ‘‘such section’’ each place him to the bill S. 2569, to provide an in- seas voter and the voter requests that the it appears in subparagraphs (A) and (B) and centive for businesses to bring jobs application be considered an application for inserting ‘‘such sections’’; and back to America; which was ordered to an absentee ballot for each subsequent elec- (C) by adding at the end the following new lie on the table; as follows: tion for Federal office held in the State subparagraph: through the next regularly scheduled general ‘‘(C) The number of completed official At the end, add the following: election for Federal office (including any postcard forms prescribed under section SEC. 4. REGULATORY ACCOUNTABILITY. runoff elections which may occur as a result 101(b)(2) that were completed by absent uni- (a) SHORT TITLE.—This section may be of the outcome of such general election), the formed services members and accepted and cited as the ‘‘Regulatory Accountability Act State shall provide an absentee ballot to the transmitted.’’. of 2014’’. (b) DEFINITIONS.—Section 551 of title 5, voter for each such subsequent election. (b) COMPTROLLER GENERAL REVIEWS.—Sec- United States Code, is amended— ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not tion 105A of the Uniformed and Overseas (1) in paragraph (13), by striking ‘‘and’’ at apply with respect to either of the following: Citizens Absentee Voting Act (42 U.S.C. the end; ‘‘(A) VOTERS CHANGING REGISTRATION.—A 1973ff–4a) is amended by redesignating sub- (2) in paragraph (14), by striking the period voter removed from the list of official eligi- section (c) as subsection (d) and by inserting at the end and inserting a semicolon; and ble voters in accordance with subparagraph after subsection (b) the following new sub- (3) by adding at the end the following: (A), (B), or (C) of section 8(a)(3) of the Na- section: ‘‘(15) ‘guidance’ means an agency state- tional Voter Registration Act of 1993 (42 ‘‘(c) COMPTROLLER GENERAL REVIEWS.— ment of general applicability, other than a U.S.C. 1973gg–6(a)). ‘‘(1) IN GENERAL.— rule, that is not intended to have the force ‘‘(B) UNDELIVERABLE BALLOTS.—A voter ‘‘(A) REVIEW.—The Comptroller General and effect of law but that sets forth a policy whose ballot is returned by mail to the State shall conduct a review of any reports sub- on a statutory, regulatory, or technical issue or local election officials as undeliverable or, mitted by the Presidential designee under or an interpretation of a statutory or regu- in the case of a ballot delivered electroni- subsection (b) with respect to elections oc- latory issue; cally, if the email sent to the voter was un- curring in calendar years 2014 through 2020. ‘‘(16) ‘high-impact rule’ means any rule deliverable or rejected due to an invalid ‘‘(B) REPORT.—Not later than 180 days after that the Administrator of the Office of Infor- email address.’’. a report is submitted by the Presidential mation and Regulatory Affairs determines is (2) CONFORMING AMENDMENT.—The heading designee under subsection (b), the Comp- likely to impose a cost on the economy in of section 104 of such Act is amended by troller General shall submit to the relevant any 1 year of $1,000,000,000 or more, adjusted striking ‘‘PROHIBITION OF REFUSAL OF APPLICA- committees of Congress a report containing annually for inflation; TIONS ON GROUNDS OF EARLY SUBMISSION’’ and the results of the review conducted under ‘‘(17) ‘major rule’ means any rule that the inserting ‘‘TREATMENT OF BALLOT REQUESTS’’. subparagraph (A). Administrator of the Office of Information (3) REVISION TO POSTCARD FORM.— ‘‘(2) MATTERS REVIEWED.—A review con- and Regulatory Affairs determines is likely (A) IN GENERAL.—The Presidential designee ducted under paragraph (1) shall assess— to impose— shall ensure that the official postcard form ‘‘(A) the methodology used by the Presi- ‘‘(A) a cost on the economy in any 1 year prescribed under section 101(b)(2) of the Uni- dential designee to prepare the report and to of $100,000,000 or more, adjusted annually for formed and Overseas Citizens Absentee Vot- develop the data presented in the report, in- inflation; ing Act (42 U.S.C. 1973ff(b)(2)) enables a voter cluding the approach for designing, imple- ‘‘(B) a major increase in costs or prices for using the form to— menting, and analyzing the results of any consumers, individual industries, Federal, (i) request an absentee ballot for each elec- surveys, tion for Federal office held in a State State, local, or tribal government agencies, ‘‘(B) the effectiveness of any voting assist- through the next regularly scheduled general or geographic regions; or ance covered in the report provided under election for Federal office (including any ‘‘(C) significant adverse effects on competi- subsection (b) and provided by the Presi- runoff elections which may occur as a result tion, employment, investment, productivity, dential designee to absent overseas uni- of the outcome of such general election); or innovation, or on the ability of United formed services voters and overseas voters (ii) request an absentee ballot for a specific States-based enterprises to compete with who are not members of the uniformed serv- election or elections for Federal office held foreign-based enterprises in domestic and ex- ices, including an assessment of— in a State during the period described in port markets; ‘‘(i) any steps taken toward improving the paragraph (1). ‘‘(18) ‘major guidance’ means guidance that implementation of such voting assistance; (B) PRESIDENTIAL DESIGNEE.—For purposes the Administrator of the Office of Informa- and of this paragraph, the term ‘‘Presidential tion and Regulatory Affairs finds is likely to ‘‘(ii) the extent of collaboration between designee’’ means the individual designated lead to— the Presidential designee and the States in under section 101(a) of the Uniformed and ‘‘(A) a cost on the economy in any 1 year providing such voting assistance; and Overseas Citizens Absentee Voting Act (42 of $100,000,000 or more, adjusted annually for ‘‘(C) any other information the Comp- U.S.C. 1973ff(a)). inflation; troller General considers relevant to the re- SEC. 1078F. APPLICABILITY TO COMMONWEALTH ‘‘(B) a major increase in costs or prices for view.’’. OF THE NORTHERN MARIANA IS- consumers, individual industries, Federal, (c) CONFORMING AMENDMENTS.— LANDS. State, local or tribal government agencies, Paragraphs (6) and (8) of section 107 of the (1) Section 101(b) of such Act (42 U.S.C. 1973ff(b)) is amended— or geographic regions; or Uniformed and Overseas Citizens Absentee ‘‘(C) significant adverse effects on competi- Voting Act (42 U.S.C. 1973ff–6(6)) are each (A) by striking paragraph (6); and tion, employment, investment, productivity, amended by striking ‘‘and American Samoa’’ (B) by redesignating paragraphs (7) innovation, or on the ability of United and inserting ‘‘American Samoa, and the through (11) as paragraphs (6) through (10), States-based enterprises to compete with Commonwealth of the Northern Mariana Is- respectively. foreign-based enterprises in domestic and ex- lands’’. (2) Section 102(a) of such Act (42 U.S.C. 1973ff–1(a)) is amended— port markets; and SEC. 1078G. BIENNIAL REPORT ON THE EFFEC- ‘‘(19) ‘Office of Information and Regulatory TIVENESS OF ACTIVITIES OF THE (A) in paragraph (5), by striking ‘‘101(b)(7)’’ FEDERAL VOTING ASSISTANCE PRO- and inserting ‘‘101(b)(6)’’; and Affairs’ means the office established under GRAM AND COMPTROLLER GEN- (B) in paragraph (11), by striking section 3503 of title 44 and any successor to ERAL REVIEW. ‘‘101(b)(11)’’ and inserting ‘‘101(b)(10)’’. that office.’’. (a) IN GENERAL.—Section 105A(b) of the (c) RULEMAKING.—Section 553 of title 5, (3) Section 105A(b) of such Act (42 U.S.C. Uniformed and Overseas Citizens Absentee United States Code, is amended— 1973ff–4a(b)) is amended— Voting Act (42 U.S.C. 1973ff–4a(b)) is amend- (1) in subsection (a), by striking ‘‘(a) This (A) by striking ‘‘ANNUAL REPORT’’ in the ed— section applies’’ and inserting ‘‘(a) APPLICA- subsection heading and inserting ‘‘BIENNIAL (1) in the matter preceding paragraph (1)— BILITY.—This section applies’’; and REPORT’’; and (A) by striking ‘‘March 31 of each year’’ (2) by striking subsections (b) through (e) (B) by striking ‘‘In the case of’’ in para- and inserting ‘‘June 30 of each odd-numbered and inserting the following: graph (3) and all that follows through ‘‘a de- year’’; and ‘‘(b) RULEMAKING CONSIDERATIONS.—In a (B) by striking ‘‘the following informa- scription’’ and inserting ‘‘A description’’. rulemaking, an agency shall consider, in ad- tion’’ and inserting ‘‘the following informa- (d) EFFECTIVE DATE.—The amendments dition to other applicable considerations, the tion with respect to the Federal elections made by this section shall apply to reports following: held during the 2 preceding calendar years’’; required to be issued after the date of the en- ‘‘(1) The legal authority under which a rule (2) in paragraph (1), by striking ‘‘separate actment of this Act. may be proposed, including whether rule- assessment’’ each place it appears and in- SEC. 1078H. EFFECTIVE DATE. making is required by statute or is within serting ‘‘separate assessment and statistical Except as provided in section 1078G(d), the the discretion of the agency. analysis’’; and amendments made by this title shall take ef- ‘‘(2) The nature and significance of the (3) in paragraph (2)— fect on January 1, 2015. problem the agency intends to address with (A) by striking ‘‘section 1566a’’ in the mat- a rule. ter preceding subparagraph (A) and inserting SA 3662. Mr. PORTMAN submitted an ‘‘(3) Whether existing Federal laws or rules ‘‘sections 1566a and 1566b’’; amendment intended to be proposed by have created or contributed to the problem

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.048 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4928 CONGRESSIONAL RECORD — SENATE July 24, 2014 the agency may address with a rule and, if the docket for the proposed rule and made advance its consideration of the proposed so, whether those Federal laws or rules could accessible to the public. rule. be amended or rescinded to address the prob- ‘‘(3) PUBLIC COMMENT.— ‘‘(B)(i) Except as otherwise provided by lem in whole or in part. ‘‘(A) After publishing a notice of proposed statute, the proponent of the rule has the ‘‘(4) A reasonable number of alternatives rulemaking, the agency shall provide inter- burden of proof in a hearing held under this for a new rule, including any substantial al- ested persons an opportunity to participate subsection. Any documentary or oral evi- ternatives or other responses identified by in the rulemaking through the submission of dence may be received, but the agency as a interested persons. written material, data, views, or arguments matter of policy shall provide for the exclu- ‘‘(5) For any major rule or high-impact with or without opportunity for oral presen- sion of immaterial or unduly repetitious evi- rule, the potential costs and benefits associ- tation, except that— dence. ated with potential alternative rules and ‘‘(i) if a public hearing is convened under ‘‘(ii) To govern hearings held under this other responses considered under paragraph subsection (e), reasonable opportunity for subsection, each agency shall adopt rules (4), including an analysis of— oral presentation shall be provided at the that provide for— ‘‘(A) the nature and degree of risks ad- public hearing under the requirements of ‘‘(I) the appointment of an agency official dressed by the rule and the countervailing subsection (e); and or administrative law judge to preside at the risks that might be posed by agency action; ‘‘(ii) when, other than under subsection (e), hearing; ‘‘(B) direct, indirect, and cumulative costs a rule is required by statute or at the discre- ‘‘(II) the presentation by interested parties and benefits; and tion of the agency to be made on the record of relevant documentary or oral evidence, ‘‘(C) estimated impacts on jobs, competi- after opportunity for an agency hearing, sec- unless the evidence is immaterial or unduly tiveness, and productivity. tions 556 and 557 shall apply, and the petition repetitious; ‘‘(III) a reasonable and adequate oppor- ‘‘(c) INITIATION OF RULEMAKING.— procedures of subsection (e) shall not apply. tunity for cross-examination by interested ‘‘(1) NOTICE FOR MAJOR AND HIGH-IMPACT ‘‘(B) The agency shall provide not less than parties concerning genuinely disputed fac- RULES.—When an agency determines to ini- 60 days, or 90 days in the case of a proposed tiate a rulemaking that may result in a major rule or proposed high-impact rule, for tual issues raised by the petition, provided major rule or high-impact rule, the agency interested persons to submit written mate- that in the case of multiple interested par- shall— rial, data, views, or arguments. ties with the same or similar interests, the agency may require the use of common coun- ‘‘(A) establish an electronic docket for that ‘‘(4) EXPIRATION OF NOTICE.— sel where the common counsel may ade- rulemaking, which may have a physical ‘‘(A) Except as provided in subparagraph quately represent the interests that will be counterpart; and (B), a notice of proposed rulemaking shall, 2 significantly affected by the proposed rule; ‘‘(B) publish a notice of initiation of rule- years after the date on which the notice is and making in the Federal Register, which published in the Federal Register, be consid- ‘‘(IV) the provision of fees and costs under shall— ered as expired and may not be used to sat- the circumstances described in section 6(c)(4) ‘‘(i) briefly describe the subject, the prob- isfy the requirements of subsection (d). of the Toxic Substances Control Act (15 lem to be solved, and the objectives of the ‘‘(B) An agency may, at the sole discretion U.S.C. 2605(c)(4)). rule; of the agency, extend the expiration of a notice of proposed rulemaking under subpara- ‘‘(C) The transcript of testimony and ex- ‘‘(ii) reference the legal authority under hibits, together with all papers and requests graph (A) for a 1-year period by publishing a which the rule would be proposed; filed in the hearing, shall constitute the ex- supplemental notice in the Federal Register ‘‘(iii) invite interested persons to propose clusive record for decision of the factual explaining why the agency requires addi- alternatives for accomplishing the objectives issues addressed in a hearing held under this tional time to complete the rulemaking. of the agency in the most effective manner subsection. and with the lowest cost; and ‘‘(e) PUBLIC HEARING FOR HIGH-IMPACT ‘‘(4) PETITION FOR PUBLIC HEARING FOR ‘‘(iv) indicate how interested persons may RULES.— MAJOR RULES.—In the case of any major rule, submit written material for the docket. ‘‘(1) PETITION FOR PUBLIC HEARING.— any interested person may petition for a ‘‘(2) ACCESSIBILITY.—All information pro- ‘‘(A)(i) Before the close of the comment pe- hearing under this subsection on the grounds vided to the agency under paragraph (1) shall riod for any proposed high-impact rule, any and within the time limitation set forth in be promptly placed in the docket and made interested person may petition the agency to paragraph (1). The agency may deny the peti- accessible to the public. hold a public hearing in accordance with this tion if the agency reasonably determines ‘‘(d) NOTICE OF PROPOSED RULEMAKING.— subsection. that a hearing would not advance the consid- ‘‘(1) IN GENERAL.—If an agency determines ‘‘(ii) Not later than 30 days after receipt of eration of the proposed rule by the agency or that the objectives of the agency require the a petition made pursuant to clause (i), the would, in light of the need for agency action, agency to issue a rule, the agency shall no- agency shall grant the petition if the peti- unreasonably delay completion of the rule- tify the Administrator of the Office of Infor- tion shows that— making. The petition and the decision of the mation and Regulatory Affairs and publish a ‘‘(I) the proposed rule is based on conclu- agency with respect to the petition shall be notice of proposed rulemaking in the Federal sions with respect to one or more specific included in the rulemaking record. Register, which shall include— scientific, technical, economic or other com- ‘‘(5) JUDICIAL REVIEW.— ‘‘(A) a statement of the time, place, and plex factual issues that are genuinely dis- ‘‘(A) Failure to petition for a hearing nature of any public rulemaking pro- puted; and under this subsection shall not preclude judi- ceedings; ‘‘(II) the resolution of those disputed fac- cial review of any claim that could have ‘‘(B) reference to the legal authority under tual issues would likely have an effect on the been raised in the hearing petition or at the which the rule is proposed; costs and benefits of the proposed rule. hearing. ‘‘(C) the text of the proposed rule; ‘‘(B) If the agency denies a petition under ‘‘(B) There shall be no judicial review of ‘‘(D) a summary of information known to this subsection in whole or in part, it shall the disposition of a petition by an agency the agency concerning the considerations include in the rulemaking record an expla- under this subsection until judicial review of specified in subsection (b); and nation for the denial sufficient for judicial the final action of the agency. ‘‘(E) for any major rule or high impact- review, including— ‘‘(f) FINAL RULES.— rule— ‘‘(i) findings by the agency that there is no ‘‘(1) COST OF MAJOR OR HIGH-IMPACT RULE.— ‘‘(i) a reasoned preliminary determination genuine dispute as to the factual issues ‘‘(A) Except as provided in subparagraph that the benefits of the proposed rule justify raised by the petition; or (B), in a rulemaking for a major rule or high- the costs of the proposed rule; and ‘‘(ii) a reasoned determination by the agen- impact rule, the agency shall adopt the least ‘‘(ii) a discussion of— cy that the factual issues raised by the peti- costly rule considered during the rulemaking ‘‘(I) the costs and benefits of alternatives tion, even if subject to genuine dispute, will that meets relevant statutory objectives. considered by the agency under subsection not have an effect on the costs and benefits ‘‘(B) The agency may adopt a rule that is (b), as determined by the agency at its dis- of the proposed rule. more costly than the least costly alternative cretion or provided under subsection (c) by a ‘‘(2) NOTICE OF HEARING.—Not later than 45 that would achieve the relevant statutory proponent of an alternative; days before any hearing held under this sub- objectives only if— ‘‘(II) whether those alternatives meet rel- section, the agency shall publish in the Fed- ‘‘(i) the additional benefits of the more evant statutory objectives; and eral Register a notice specifying the pro- costly rule justify its additional costs; and ‘‘(III) the reasons why the agency did not posed rule to be considered at the hearing ‘‘(ii) the agency explains why the agency propose any of those alternatives. and the factual issues to be considered at the adopted a rule that is more costly than the ‘‘(2) ACCESSIBILITY.—Not later than the hearing. least costly alternative, based on interests date of publication of the notice of proposed ‘‘(3) HEARING PROCEDURE.— that are within the scope of the statutory rulemaking by an agency under paragraph ‘‘(A) A hearing held under this subsection provision authorizing the rule. (1), all data, studies, models, and other infor- shall be limited to the specific factual issues ‘‘(2) PUBLICATION OF NOTICE OF FINAL RULE- mation considered by the agency, and ac- raised in the petition or petitions granted in MAKING.—When the agency adopts a final tions by the agency to obtain information, in whole or in part under paragraph (1) and any rule, the agency shall publish a notice of connection with the determination of the other factual issues the resolution of which final rulemaking in the Federal Register, agency to propose the rule, shall be placed in the agency, in its discretion, determines will which shall include—

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.049 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4929 ‘‘(A) a concise, general statement of the of the interim rule, or 18 months in the case ‘‘(B) Each agency shall adopt regulations basis and purpose of the rule; of a major rule or high-impact rule, the for the conduct of hearings consistent with ‘‘(B) a reasoned determination by the agen- agency shall complete rulemaking in accord- the guidelines issued under this paragraph. cy regarding the considerations specified in ance with subsections (c) through (f) and ‘‘(k) EXEMPTION FOR MONETARY POLICY.— subsection (c); take final action to adopt a final rule or re- Nothing in subsection (b)(5), (d)(1)(E), (e), ‘‘(C) in a rulemaking for a major rule or scind the interim rule. If the agency fails to (f)(1), (f)(2)(C), or (f)(2)(D) shall apply to a high-impact rule, a reasoned determination take timely final action under this subpara- rulemaking that concerns monetary policy by the agency that the benefits of the rule graph, the interim rule shall cease to have proposed or implemented by the Board of advance the relevant statutory objectives the effect of law. Governors of the Federal Reserve System or and justify the costs of the rule; the Federal Open Market Committee.’’. ‘‘(h) DATE OF PUBLICATION OF RULE.—A rule ‘‘(D) in a rulemaking for a major rule or (d) SCOPE OF REVIEW.—Section 706 of title shall be published not less than 30 days be- high-impact rule, a reasoned determination 5, United States Code is amended— by the agency that— fore the effective date of the rule, except— (1) by striking ‘‘To the extent necessary’’ ‘‘(i) no alternative considered would ‘‘(1) for a rule that grants or recognizes an and inserting ‘‘IN GENERAL.—To the extent achieve the relevant statutory objectives at exemption or relieves a restriction; necessary’’; and a lower cost than the rule; or ‘‘(2) for guidance; or (2) by adding at the end the following: ‘‘(ii) the adoption by the agency of a more ‘‘(3) as otherwise provided by an agency for ‘‘(b) JUDICIAL REVIEW.—The determination costly rule complies with paragraph (2)(B); good cause and as published with the rule. of whether a rule is a major rule within the meaning of subparagraphs (B) and (C) of sec- and ‘‘(i) RIGHT TO PETITION AND REVIEW OF tion 551(17) shall not be subject to judicial ‘‘(E) a response to each significant issue RULES.— review. raised in the comments on the proposed rule. ‘‘(1) Each agency shall give interested per- ‘‘(c) STATEMENT OF POLICY.—Agency guid- ‘‘(3) INFORMATION QUALITY.—If an agency sons the right to petition for the issuance, ance that does not interpret a statute or reg- rulemaking rests upon scientific, technical, amendment, or repeal of a rule. ulation shall be reviewable only under sub- or economic information, the agency shall ‘‘(2) Each agency shall, on a continuing section (a)(2)(D). adopt a rule only on the basis of the best basis, invite interested persons to submit, by ‘‘(d) AGENCY INTERPRETATION OF RULES.— available scientific, technical, or economic electronic means, suggestions for rules that The weight that a court shall give an inter- information. warrant retrospective review and possible pretation by an agency of its own rule shall ‘‘(4) ACCESSIBILITY.—Not later than the modification or repeal. depend on the thoroughness evident in its date of publication of the rule, all data, stud- consideration, the validity of its reasoning, ies, models, and other information consid- ‘‘(j) RULEMAKING GUIDELINES.— ‘‘(1) ASSESSMENT OF RULES.— and its consistency with earlier and later ered by the agency, and actions by the agen- pronouncements. cy to obtain information in connection with ‘‘(A) The Administrator of the Office of In- formation and Regulatory Affairs (in this ‘‘(e) STANDARD OF REVIEW.—A court shall its adoption of the rule, shall be placed in review— subsection referred to as the ‘Adminis- the docket for the rule and made accessible ‘‘(1) the denial of a petition by an agency trator’) shall establish guidelines for the as- to the public. under section 553(e) for whether the denial sessment, including quantitative and quali- ‘‘(5) RULES ADOPTED AT THE END OF A PRESI- was based on substantial evidence; and tative assessment, of— DENTIAL ADMINISTRATION.— ‘‘(2) any petition for review of a high-im- ‘‘(i) the costs and benefits of proposed and ‘‘(A) During the 60-day period beginning on pact rule under the substantial evidence final rules; a transitional inauguration day (as defined standard, regardless of whether a hearing ‘‘(ii) other economic issues that are rel- in section 3349a), with respect to any final was held under section 553(e).’’. rule that had been placed on file for public evant to rulemaking under this section or (e) AGENCY GUIDANCE; PROCEDURES TO inspection by the Office of the Federal Reg- other sections of this title; and ISSUE MAJOR GUIDANCE; PRESIDENTIAL AU- ister or published in the Federal Register as ‘‘(iii) risk assessments that are relevant to THORITY TO ISSUE GUIDELINES FOR ISSUANCE of the date of the inauguration, but which rulemaking under this section and other sec- OF GUIDANCE.—Section 553 of title 5, United had not yet become effective by the date of tions of this title. States Code, as amended by this Act, is the inauguration, the agency issuing the rule ‘‘(B) The rigor of cost-benefit analysis re- amended by adding at the end the following: may, by order, delay the effective date of the quired by the guidelines established under ‘‘(l) AGENCY GUIDANCE; PROCEDURES TO rule for not more than 90 days for the pur- subparagraph (A) shall be commensurate, as ISSUE MAJOR GUIDANCE; AUTHORITY TO ISSUE pose of obtaining public comment on wheth- determined by the Administrator, with the GUIDELINES FOR ISSUANCE OF GUIDANCE.— er the rule should be amended or rescinded economic impact of the rule. Guidelines for ‘‘(1) Agency guidance shall— or its effective date further delayed. risk assessment shall include criteria for se- ‘‘(A) not be used by an agency to foreclose ‘‘(B) If an agency delays the effective date lecting studies and models, evaluating and consideration of issues as to which the docu- of a rule under subparagraph (A), the agency weighing evidence, and conducting peer re- ment expresses a conclusion; shall give the public not less than 30 days to views. ‘‘(B) state that it is not legally binding; submit comments. ‘‘(C) The Administrator shall regularly up- and ‘‘(g) APPLICABILITY OF THIS SECTION.— date guidelines established under subpara- ‘‘(C) at the time it is issued or upon re- ‘‘(1) IN GENERAL.—Except as otherwise pro- graph (A) to enable agencies to use the best quest, be made available by the issuing agen- vided by law, this section does not apply to available techniques to quantify and evalu- cy to interested persons and the public. guidance or rules of agency organization, ate present and future benefits, costs, other ‘‘(2) Before issuing any major guidance, an procedure, or practice. economic issues, and risks as objectively and agency shall— ‘‘(2) ADOPTION OF INTERIM RULES.— accurately as practicable. ‘‘(A) make and document a reasoned deter- ‘‘(A) If an agency for good cause finds, and ‘‘(2) SIMPLIFICATION OF RULES.—The Admin- mination that— incorporates the finding and a brief state- istrator may issue guidelines to promote co- ‘‘(i) such guidance is understandable and ment of reasons for the finding in the rule ordination, simplification, and harmoni- complies with relevant statutory objectives issued, that compliance with subsection (c), zation of agency rules during the rulemaking and regulatory provisions; and (d), or (e) or requirements to render final de- process. The guidelines shall advise each ‘‘(ii) identifies the costs and benefits, in- terminations under subsection (f) before the agency to avoid regulations that are incon- cluding all costs to be considered during a issuance of an interim rule is unnecessary, sistent or incompatible with, or duplicative rulemaking under subsection (b), of requir- such subsections and requirements under of, other regulations of the agency and those ing conduct conforming to such guidance and subsection (f) shall not apply and the agency of other Federal agencies, and to draft its assures that such benefits justify such costs; may issue a final rule. regulations to be simple and easy to under- and ‘‘(B) If an agency for good cause finds, and stand, with the goal of minimizing the po- ‘‘(B) confer with the Administrator of the incorporates the finding and a brief state- tential for uncertainty and litigation arising Office of Information and Regulatory Affairs ment of reasons for the finding in the rule from the uncertainty. on the issuance of the major guidance to as- issued, that compliance with subsection (c), ‘‘(3) CONSISTENCY IN RULEMAKING.— sure that the guidance is reasonable, under- (d), or (e) or requirements to render final de- ‘‘(A) To promote consistency in Federal standable, consistent with relevant statu- terminations under subsection (f) before the rulemaking, the Administrator shall— tory and regulatory provisions and require- issuance of an interim rule is impracticable ‘‘(i) issue guidelines to ensure that rule- ments or practices of other agencies, does or contrary to the public interest, such sub- making conducted in whole or in part under not produce costs that are unjustified by the sections and requirements under subsection procedures specified in provisions of law benefits of the major guidance, and is other- (f) shall not apply to the adoption of an in- other than those under this subchapter con- wise appropriate. terim rule by the agency. form with the procedures set forth in this ‘‘(3) The Administrator of the Office of In- ‘‘(C) If, following compliance with subpara- section to the fullest extent allowed by law; formation and Regulatory Affairs shall issue graph (B), an agency adopts an interim rule, and updated guidelines for use by the agencies in the agency shall commence proceedings that ‘‘(ii) issue guidelines for the conduct of the issuance of guidance documents. The fully comply with subsections (c) through (f) hearings under subsection (e), which shall guidelines shall advise each agency not to immediately upon publication of the interim provide a reasonable opportunity for cross- issue guidance documents that are incon- rule. Not less than 270 days from publication examination. sistent or incompatible with, or duplicative

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of, other regulations of the agency and those (B) EXCLUSION.—The term ‘‘covered (I) The Secretary of Agriculture. of other Federal agencies, and to draft its project’’ does not include any project subject (II) The Secretary of Commerce. guidance documents to be simple and easy to to section 101(b)(4) of title 23, United States (III) The Secretary of the Interior. understand, with the goal of minimizing the Code. (IV) The Secretary of Energy. potential for uncertainty and litigation aris- (6) DASHBOARD.—The term ‘‘Dashboard’’ (V) The Secretary of Transportation. ing from the uncertainty.’’. means the Permitting Dashboard required by (VI) The Secretary of Defense. (f) ADDED DEFINITION.—Section 701(b) of subsection (e)(2). (VII) The Administrator of the Environ- title 5, United States Code, is amended— (7) ENVIRONMENTAL ASSESSMENT.—The term mental Protection Agency. (1) in paragraph (1)(H), by striking ‘‘and’’ ‘‘environmental assessment’’ means a con- (VIII) The Chairman of the Federal Energy at the end; cise public document for which a Federal Regulatory Commission. (2) in paragraph (2), by striking the period agency is responsible that serves— (IX) The Chairman of the Nuclear Regu- at the end and inserting ‘‘; and’’; and (A) to briefly provide sufficient evidence latory Commission. and analysis for determining whether to pre- (3) by adding at the end the following: (X) The Chairman of the Advisory Council pare an environmental impact statement or ‘‘(3) ‘substantial evidence’ means such rel- on Historic Preservation. evant evidence as a reasonable mind might a finding of no significant impact; (XI) Any other head of a Federal agency accept as adequate to support a conclusion (B) to aid in the compliance of the agency that the Federal CPO may invite to partici- in light of the record considered as a whole, with NEPA if an environmental impact pate as a member of the Council. taking into account whatever in the record statement is not necessary; and (C) CHAIRMAN OF THE COUNCIL ON ENVIRON- fairly detracts from the weight of the evi- (C) to facilitate preparation of an environ- MENTAL QUALITY.—In addition to the mem- dence relied upon by the agency to support mental impact statement, if an environ- bers listed in subparagraphs (A) and (B), the its decision.’’. mental impact statement is necessary. (g) EFFECTIVE DATE.—The amendments (8) ENVIRONMENTAL DOCUMENT.—The term Chairman of the Council on Environmental made by this section to sections 553, 556, ‘‘environmental document’’ means an envi- Quality shall also be a member of the Coun- 701(b), 704, and 706 of title 5, United States ronmental assessment or environmental im- cil. Code, shall not apply to any rulemakings pact statement. (3) DUTIES.— pending or completed on the date of enact- (9) ENVIRONMENTAL IMPACT STATEMENT.— (A) FEDERAL CPO.— ment of this Act. The term ‘‘environmental impact state- (i) INVENTORY DEVELOPMENT.—The Federal ment’’ means the detailed statement of sig- CPO, in consultation with the members of SA 3663. Mr. PORTMAN (for himself nificant environmental impacts required to the Council, shall— and Mrs. MCCASKILL) submitted an be prepared under NEPA. (I) not later than 3 months after the date amendment intended to be proposed by (10) ENVIRONMENTAL REVIEW.—The term of enactment of this Act, establish an inven- him to the bill S. 2569, to provide an in- ‘‘environmental review’’ means the agency tory of covered projects that are pending the centive for businesses to bring jobs procedures for preparing an environmental review or authorization of the head of any impact statement, environmental assess- Federal agency; back to America; which was ordered to ment, categorical exclusion, or other docu- (II)(aa) categorize the projects in the in- lie on the table; as follows: ment required under NEPA. ventory as appropriate based on the project At the end, add the following: (11) FEDERAL CPO.—The term ‘‘Federal type; and SECTION 4. FEDERAL PERMITTING IMPROVE- CPO’’ means the Federal Chief Permitting (bb) for each category, identify the types of MENT. Officer appointed by the President under reviews and authorizations most commonly (a) SHORT TITLE.—This section may be subsection (c)(2)(A). involved; and cited as the ‘‘Federal Permitting Improve- (12) INVENTORY.—The term ‘‘inventory’’ (III) add covered projects to the inventory ment Act of 2013’’. means the inventory of covered projects es- after the Federal CPO receives a notice de- (b) DEFINITIONS.—In this section: tablished by the Federal CPO under sub- scribed in subsection (e)(1)(A). (1) AGENCY.—The term ‘‘agency’’ has the section (c)(3)(A)(i). (ii) LEAD AGENCY DESIGNATION.—The Fed- meaning given the term in section 551 of (13) LEAD AGENCY.—The term ‘‘lead agen- eral CPO, in consultation with the Council, title 5, United States Code. cy’’ means the agency with principal respon- shall— (2) AGENCY CPO.—The term ‘‘agency CPO’’ sibility for review and authorization of a (I) designate a lead agency for each cat- means the chief permitting officer of an covered project, as determined under sub- egory of covered projects described in clause agency designated by the head of the agency section (c)(3)(A)(ii). (i)(II); and under subsection (c)(2)(B)(i)(I). (14) NEPA.—The term ‘‘NEPA’’ means the (II) publish on an Internet website the des- (3) AUTHORIZATION.—The term ‘‘authoriza- National Environmental Policy Act of 1969 ignations and categories in an easily acces- tion’’ means— (42 U.S.C. 4321 et seq.). sible format. (A) any license, permit, approval, or other (15) PARTICIPATING AGENCY.—The term (iii) PERFORMANCE SCHEDULES.— administrative decision required or author- ‘‘participating agency’’ means any agency (I) IN GENERAL.—The Federal CPO, in con- ized to be issued by an agency with respect participating in reviews or authorizations sultation with the Council, shall develop to the siting, construction, reconstruction, for a particular covered project in accord- nonbinding performance schedules, including or commencement of operations of a covered ance with subsection (e). intermediate and final deadlines, for reviews project under Federal law, whether adminis- (16) PROJECT SPONSOR.—The term ‘‘project and authorizations for each category of cov- tered by a Federal or State agency; or sponsor’’ means the entity, including any ered projects described in clause (i)(II). (B) any determination or finding required private, public, or public-private entity, that (II) REQUIREMENTS.— to be issued by an agency— seeks approval for a project. (i) as a precondition to an authorization (c) FEDERAL PERMITTING IMPROVEMENT (aa) IN GENERAL.—The performance sched- described under paragraph (A); or COUNCIL.— ules shall reflect employment of the use of (ii) before an applicant may take a par- (1) ESTABLISHMENT.—There is established the most efficient applicable processes. ticular action with respect to the siting, con- the Federal Permitting Improvement Coun- (bb) LIMIT.—The final deadline for comple- struction, reconstruction, or commencement cil. tion of any review or authorization con- of operations of a covered project under Fed- (2) COMPOSITION.— tained in the performance schedules shall eral law, whether administered by a Federal (A) CHAIR.—The President shall appoint an not be later than 180 days after the date on or State agency. officer of the Office of Management and which the completed application or request (4) COUNCIL.—The term ‘‘Council’’ means Budget as the Federal Chief Permitting Offi- is filed. the Federal Infrastructure Permitting Im- cer to serve as Chair of the Council, by and (III) REVIEW AND REVISION.—Not later than provement Council established by subsection with the advice and consent of the Senate. 2 years after the date on which the perform- (c)(1). (B) CHIEF PERMITTING OFFICERS.— ance schedules are established under this (5) COVERED PROJECT.— (i) IN GENERAL.— clause, and not less frequently than once (A) IN GENERAL.—The term ‘‘covered (I) DESIGNATION BY HEAD OF AGENCY.—Each every 2 years thereafter, the Federal CPO, in project’’ means any construction activity in individual listed in clause (ii) shall designate consultation with the Council, shall review the United States that requires authoriza- a member of the agency in which the indi- and revise the performance schedules. tion or review by a Federal agency— vidual serves to serve as the agency CPO. (iv) GUIDANCE.—The Federal CPO may (i) involving renewable or conventional en- (II) QUALIFICATIONS.—The agency CPO de- issue circulars, bulletins, guidelines, and ergy production, electricity transmission, scribed in subclause (I) shall hold a position other similar directives as necessary to surface transportation, aviation, ports and in the agency of the equivalent of a deputy carry out responsibilities under this section waterways, water resource projects, secretary or higher. and to effectuate the adoption by agencies of broadband, pipelines, manufacturing, or any (III) MEMBERSHIP.—Each agency CPO de- the best practices and recommendations of other sector as determined by the Federal scribed in subclause (I) shall serve on the the Council described in subparagraph (B). CPO; and Council. (B) COUNCIL.— (ii) that is likely to require an initial in- (ii) HEADS OF AGENCIES.—The individuals (i) RECOMMENDATIONS.— vestment of more than $25,000,000, as deter- that shall each designate an agency CPO (I) IN GENERAL.—The Council shall make mined by the Federal CPO. under this clause are as follows: recommendations to the Federal CPO with

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(i) IN GENERAL.—The Federal CPO, in co- project; (ii) BEST PRACTICES.—Not later than 1 year ordination with the Administrator of Gen- (II) the resources available to each partici- after the date of enactment of this Act, and eral Services, shall maintain an online data- pating agency; at least annually thereafter, the Council base to be known as the ‘‘Permitting Dash- (III) the regional or national economic sig- shall issue recommendations on the best board’’ to track the status of Federal reviews nificance of the project; practices for— and authorizations for any covered project in (IV) the sensitivity of the natural or his- (I) early stakeholder engagement, includ- the inventory. toric resources that may be affected by the ing fully considering and, as appropriate, in- (ii) SPECIFIC AND SEARCHABLE ENTRY.—The project; and corporating recommendations provided in Dashboard shall include a specific and (V) the extent to which similar projects in public comments on any proposed covered searchable entry for each project. geographic proximity to the project were re- project; (B) ADDITIONS.—Not later than 7 days after cently subject to environmental review or (II) assuring timeliness of permitting and the date on which the Federal CPO receives similar procedures under State law. review decisions; a notice under paragraph (1)(A), the Federal (iii) APPROVAL BY THE FEDERAL CPO.— (III) coordination between Federal and CPO shall create a specific entry on the (I) REQUIREMENT TO SUBMIT.—The lead non-Federal governmental entities; Dashboard for the project, unless the Federal agency shall promptly submit to the Federal (IV) transparency; CPO or lead agency determines that the CPO a permitting timetable established (V) reduction of information collection re- project is not a covered project. under clause (i) for review. quirements and other administrative bur- (C) SUBMISSIONS BY AGENCIES.—The lead (II) REVISION AND APPROVAL.— dens on agencies, project sponsors, and other agency and each participating agency shall (aa) IN GENERAL.—The Federal CPO, after interested parties; submit to the Federal CPO for posting on the consultation with the lead agency, may re- (VI) evaluating lead agencies and partici- Dashboard for each covered project— vise the permitting timetable if the Federal pating agencies under this section; and (i) any application and any supporting doc- (VII) other aspects of infrastructure per- ument submitted by a project sponsor for CPO determines that the timetable deviates mitting, as determined by the Council. any required Federal review or authorization without reasonable justification from the (d) PERMITTING PROCESS IMPROVEMENT.— for the project; performance schedule established under sub- (1) PROJECT INITIATION AND DESIGNATION OF (ii) not later than 2 business days after the section (c)(3)(A)(iii). PARTICIPATING AGENCIES.— date on which any agency action or decision (bb) NO REVISION BY FEDERAL CPO WITHIN 7 (A) NOTICE.— that materially affects the status of the DAYS.—If the Federal CPO does not revise (i) IN GENERAL.—A project sponsor shall project is made, a description, including sig- the permitting timetable earlier than the provide the Federal CPO and the lead agency nificant supporting documents, of the agency date that is 7 days after the date on which notice of the initiation of a proposed covered action or decision; and the lead agency submits to the Federal CPO project. (iii) the status of any litigation to which the permitting timetable, the permitting (ii) CONTENTS.—Each notice described in the agency is a party that is directly related timetable shall be approved by the Federal clause (i) shall include— to the project, including, if practicable, any CPO. (I) a description, including the general lo- judicial document made available on an elec- (iv) MODIFICATION AFTER APPROVAL.—The cation, of the proposed project; tronic docket maintained by a Federal, lead agency may modify a permitting time- (II) a statement of any Federal authoriza- State, or local court. table established under clause (i) for good tion or review anticipated to be required for (D) POSTINGS BY THE FEDERAL CPO.—The cause only if— the proposed project; and Federal CPO shall post on the Dashboard an (I) the lead agency and the affected partici- (III) an assessment of the reasons why the entry for each covered project that in- pating agency agree to a different deadline; proposed project meets the definition of a cludes— (II) the lead agency or the affected partici- covered project in subsection (b). (i) the information submitted under sub- pating agency provides a written explanation (B) INVITATION.— paragraph (C)(i) not later than 2 days after of the justification for the modification; and (i) IN GENERAL.—Not later than 45 days the date on which the Federal CPO receives (III) the lead agency submits to the Fed- after the date on which a lead agency re- the information; eral CPO a modification, which the Federal ceives the notice under subparagraph (A), (ii) a permitting timetable approved by the CPO may revise or disapprove. the lead agency shall— Federal CPO under paragraph (3)(B)(iii); (v) CONSISTENCY WITH OTHER TIME PERI- (I) identify another agency that may have (iii) the status of the compliance of each ODS.—A permitting timetable established an interest in the proposed project; and participating agency with the permitting under clause (i) shall be consistent with any (II) invite the agency to become a partici- timetable; other relevant time periods established pating agency in the permitting manage- (iv) any modifications of the permitting under Federal law. ment process and in the environmental re- timetable; and (vi) COMPLIANCE.— view process described in subsection (f). (v) an explanation of each modification de- (I) IN GENERAL.—Each Federal partici- (ii) DEADLINES.—Each invitation made scribed in clause (iv). pating agency shall comply with the dead- under clause (i) shall include a deadline for a (3) COORDINATION AND TIMETABLES.— lines set forth in the permitting timetable response to be submitted to the lead agency. (A) COORDINATION PLAN.— approved under clause (iii), or with any dead- (C) PARTICIPATING AGENCIES.—An agency (i) IN GENERAL.—Not later than 60 days line modified under clause (iv). invited under subparagraph (B) shall be des- after the date on which the lead agency re- (II) FAILURE TO COMPLY.—If a Federal par- ignated as a participating agency for a cov- ceives a notice under paragraph (1)(A), the ticipating agency fails to comply with a ered project, unless the agency informs the lead agency, in consultation with each par- deadline for agency action on a covered lead agency in writing before the deadline ticipating agency, shall establish a concise project, the head of the participating agency described in subparagraph (B)(ii) that the plan for coordinating public and agency par- shall— agency— ticipation in, and completion of, any re- (aa) promptly report to the Federal CPO (i) has no jurisdiction or authority with required Federal review and authorization for for posting on the Dashboard an explanation spect to the proposed project; or the project. of any specific reason for failing to meet the (ii) does not intend to exercise authority (ii) MEMORANDUM OF UNDERSTANDING.—The deadline and a proposal for an alternative related to, or submit comments on, the pro- lead agency may incorporate the coordina- deadline; and posed project. tion plan described in clause (i) into a memo- (bb) report to the Federal CPO for posting (D) EFFECT OF DESIGNATION.—The designa- randum of understanding. on the Dashboard a monthly status report tion described in subparagraph (C) shall not (B) PERMITTING TIMETABLE.— describing any agency activity related to the give the participating agency jurisdiction (i) ESTABLISHMENT.—As part of the coordi- project until the agency has taken final ac- over the proposed project. nation plan required by subparagraph (A), tion on the delayed authorization or review. (E) CHANGE OF LEAD AGENCY.— the lead agency, in consultation with each (C) COOPERATING STATE, LOCAL, OR TRIBAL (i) IN GENERAL.—On the request of a lead participating agency, the project sponsor, GOVERNMENTS.— agency, participating agency, or project and the State in which the project is located, (i) IN GENERAL.—To the maximum extent sponsor, the Federal CPO may designate a shall establish a permitting timetable that practicable under applicable Federal law, the different agency as the lead agency for a cov- includes intermediate and final deadlines for lead agency shall coordinate the Federal re- ered project if the Federal CPO receives new action by each participating agency on any view and authorization process under this information regarding the scope or nature of Federal review or authorization required for paragraph with any State, local, or tribal a covered project that indicates that the the project. agency responsible for conducting any sepa- project should be placed in a different cat- (ii) FACTORS FOR CONSIDERATION.—In estab- rate review or authorization of the covered egory under subsection (c)(3)(A)(ii). lishing the permitting timetable under project to ensure timely and efficient review (ii) RESOLUTION OF DISPUTE.—Any dispute clause (i), the lead agency shall follow the and permitting decisions. over designation of a lead agency for a par- performance schedules established under (ii) MEMORANDUM OF UNDERSTANDING.—

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(I) IN GENERAL.—Any coordination plan be- (ii) NEPA OBLIGATIONS.—An environmental (ii) the deadline is extended by the lead tween the lead agency and any State, local, document adopted under clause (i) may serve agency for good cause. or tribal agency shall, to the maximum ex- as, or supplement, an environmental impact (B) OTHER COMMENTS.—For all other com- tent practicable, be included in a memo- statement or environmental assessment re- ment periods for agency or public comments randum of understanding. quired to be prepared by a lead agency under in the environmental review process, the (II) SUBMISSION TO FEDERAL CPO.—A lead NEPA. lead agency shall establish a comment pe- agency shall submit to the Federal CPO each (iii) SUPPLEMENTAL DOCUMENT.—In the case riod of not later than 30 days after the date memorandum of understanding described in of an environmental document described in on which the materials on which comment is subclause (I). clause (i), during the period after prepara- requested are made available, unless— (III) POST TO DASHBOARD.—The Federal tion of the document and prior to the adop- (i) the lead agency, the project sponsor, CPO shall post to the Dashboard each memo- tion of the document by the lead agency, the and each participating agency agree to a dif- randum of understanding submitted under lead agency shall prepare and publish a sup- ferent deadline; or subclause (II). plemental document to the document if the (ii) the lead agency modifies the deadline (4) EARLY CONSULTATION.—The lead agency lead agency determines that— for good cause. shall provide an expeditious process for (I) a significant change has been made to (5) ISSUE IDENTIFICATION AND RESOLUTION.— project sponsors to confer with each partici- the project that is relevant for purposes of (A) COOPERATION.—The lead agency and pating agency involved and to have each par- environmental review of the project; or each participating agency shall work coop- ticipating agency determine and commu- (II) there have been significant changes in eratively in accordance with this subsection to identify and resolve issues that could nicate to the project sponsor, not later than circumstances or availability of information delay completion of the environmental re- 60 days after the date on which the project relevant to the environmental review for the view or could result in denial of any approval sponsor submits a request, information con- project. required for the project under applicable cerning— (iv) COMMENTS.—If a lead agency prepares laws. (A) the likelihood of approval for a poten- and publishes a supplemental document (B) LEAD AGENCY RESPONSIBILITIES.— tial covered project; and under clause (iii), the lead agency may so- (i) IN GENERAL.—The lead agency shall (B) key issues of concern to each partici- licit comments from other agencies and the pating agency and to the public. make information available to each partici- public on the supplemental document for a pating agency as early as practicable in the (5) COOPERATING AGENCY.— period of not more than 30 days beginning on (A) IN GENERAL.—A lead agency may des- environmental review regarding the environ- the date on which the supplemental docu- mental, historic, and socioeconomic re- ignate a participating agency as a cooper- ment is published. ating agency in accordance with part 1501 of sources located within the project area and (v) RECORD OF DECISION.—A lead agency the general locations of the alternatives title 40, Code of Federal Regulations (or suc- shall issue a record of decision or finding of cessor regulations). under consideration. no significant impact, as appropriate, based (ii) SOURCES OF INFORMATION.—The infor- (B) EFFECT ON OTHER DESIGNATION.—The on the document adopted under clause (i) designation described in subparagraph (A) mation described in clause (i) may be based and any supplemental document prepared on existing data sources, including geo- shall not affect any designation under para- under clause (iii). graph (1)(C). graphic information systems mapping. (3) ALTERNATIVES ANALYSIS.— (C) PARTICIPATING AGENCY RESPONSIBIL- (C) LIMITATION ON DESIGNATION.—Any agen- (A) PARTICIPATION.—As early as practicable ITIES.—Based on information received from cy not designated as a participating agency during the environmental review, but not under paragraph (1)(C) shall not be des- the lead agency under subparagraph (B), later than the commencement of scoping for each participating agency shall identify, as ignated as a cooperating agency under sub- a project requiring the preparation of an en- paragraph (A). early as practicable, any issues of concern, vironmental impact statement, the lead including any issues that could substantially (e) INTERSTATE COMPACTS.—The consent of agency shall provide an opportunity for the delay or prevent an agency from granting a Congress is given for 3 or more contiguous involvement of cooperating agencies in de- permit or other approval needed for the States to enter into an interstate compact termining the range of alternatives to be project, regarding any potential environ- establishing regional infrastructure develop- considered for a project. mental, historic, or socioeconomic impacts ment agencies to facilitate authorization (B) RANGE OF ALTERNATIVES.—Following of the project. and review of covered projects, under State participation under subparagraph (A), the (6) CATEGORIES OF PROJECTS.—The authori- law or in the exercise of delegated permit- lead agency shall determine the range of al- ties granted under this subsection may be ting authority described under subsection ternatives for consideration in any document exercised for an individual project or a cat- (g), that will advance infrastructure develop- that the lead agency is responsible for pre- egory of projects. ment, production, and generation within the paring for the project. (g) DELEGATED STATE PERMITTING PRO- States that are parties to the compact. (C) METHODOLOGIES.—The lead agency shall GRAMS.—If a Federal statute permits a State (f) COORDINATION OF REQUIRED REVIEWS.— determine, in collaboration with each co- to be delegated or otherwise authorized by a (1) CONCURRENT REVIEWS.—Each agency operating agency at appropriate times dur- Federal agency to issue or otherwise admin- shall, to the greatest extent permitted by ing the environmental review, the meth- ister a permit program in lieu of the Federal law— odologies to be used and the level of detail agency, each member of the Council shall— (A) carry out the obligations of the agency required in the analysis of each alternative (1) on publication by the Council of best under other applicable law concurrently, and for a project. practices under subsection (c)(3)(B)(ii), ini- in conjunction with other reviews being con- (D) PREFERRED ALTERNATIVE.—At the dis- tiate a process, with public participation, to ducted by other participating agencies, in- cretion of the lead agency, the preferred al- determine whether and the extent to which cluding environmental reviews required ternative for a project, after being identified, any of the best practices are applicable to under NEPA, unless doing so would impair may be developed to a higher level of detail permitting under the statute; and the ability of the agency to carry out statu- than other alternatives to facilitate the de- (2) not later than 2 years after the date of tory obligations; and velopment of mitigation measures or concur- enactment of this Act, make recommenda- (B) formulate and implement administra- rent compliance with other applicable laws if tions for State modifications of the permit tive, policy, and procedural mechanisms to the lead agency determines that the develop- program to reflect the best practices de- enable the agency to ensure completion of ment of the higher level of detail will not scribed in subsection (c)(3)(B)(ii), as appro- the environmental review process in a time- prevent— priate. ly, coordinated, and environmentally respon- (i) the lead agency from making an impar- (h) LITIGATION, JUDICIAL REVIEW, AND SAV- sible manner. tial decision as to whether to accept another INGS PROVISION.— (2) ADOPTION AND USE OF DOCUMENTS.— alternative that is being considered in the (1) LIMITATIONS ON CLAIMS.— (A) STATE ENVIRONMENTAL DOCUMENTS; SUP- environmental review; and (A) IN GENERAL.—Notwithstanding any PLEMENTAL DOCUMENTS.— (ii) the public from commenting on the other provision of law, a claim arising under (i) USE OF EXISTING DOCUMENTS.—On the re- preferred and other alternatives Federal law seeking judicial review of any quest of a project sponsor, a lead agency (4) ENVIRONMENTAL REVIEW COMMENTS.— authorization issued by a Federal agency for shall consider and, as appropriate, adopt or (A) COMMENTS ON DRAFT ENVIRONMENTAL a covered project shall be barred unless— incorporate, a document that has been pre- IMPACT STATEMENT.—For comments by an (i) the action is filed not later than 150 pared for a project under State laws and pro- agency or the public on a draft environ- days after the date on which a notice is pub- cedures as the environmental impact state- mental impact statement, the lead agency lished in the Federal Register that the au- ment or environmental assessment for the shall establish a comment period of not more thorization is final pursuant to the law project if the State laws and procedures than 60 days after the date on which a notice under which the agency action is taken, un- under which the document was prepared pro- announcing availability of the environ- less a shorter time is specified in the Federal vide, as determined by the lead agency in mental impact statement is published in the law under which judicial review is allowed; consultation with the Council on Environ- Federal Register, unless— and mental Quality, environmental protection (i) the lead agency, the project sponsor, (ii) in the case of an action pertaining to and opportunities for public participation and each participating agency agree to a dif- an environmental review conducted under that are substantially equivalent to NEPA. ferent deadline; or NEPA—

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(I) the action is filed by a party that sub- or request for a Federal authorization is (b) PRINCIPAL TRADE NEGOTIATING OBJEC- mitted a comment during the environmental pending before a Federal agency 90 days after TIVES.— review on the issue on which the party seeks the date of enactment of this Act. (1) TRADE IN GOODS.—The principal negoti- judicial review; and ating objectives of the United States regard- (II) the comment was sufficiently detailed SA 3664. Mr. HATCH (for himself and ing trade in goods are— to put the lead agency on notice of the issue Mr. JOHANNS) submitted an amendment (A) to expand competitive market opportu- on which the party seeks judicial review. intended to be proposed by him to the nities for exports of goods from the United (B) NEW INFORMATION.— bill S. 2569, to provide an incentive for States and to obtain fairer and more open (i) IN GENERAL.—The head of a lead agency businesses to bring jobs back to Amer- conditions of trade, including through the or participating agency shall consider new utilization of global value chains, by reduc- information received after the close of a ica; which was ordered to lie on the ing or eliminating tariff and nontariff bar- comment period if the information satisfies table; as follows: riers and policies and practices of foreign the requirements under regulations imple- At the end, add the following: governments directly related to trade that menting NEPA. TITLE II—TRADE PROMOTION AUTHORITY decrease market opportunities for United (ii) SUPPLEMENTAL ENVIRONMENTAL IMPACT SEC. 201. SHORT TITLE. States exports or otherwise distort United STATEMENT.—If the preparation of a supple- This title may be cited as the ‘‘Bipartisan States trade; and mental environmental impact statement is Congressional Trade Priorities Act of 2014’’. (B) to obtain reciprocal tariff and nontariff required, the preparation of the supple- barrier elimination agreements, including SEC. 202. TRADE NEGOTIATING OBJECTIVES. mental environmental impact statement with respect to those tariff categories cov- (a) OVERALL TRADE NEGOTIATING OBJEC- shall be considered a separate final agency ered in section 111(b) of the Uruguay Round TIVES.—The overall trade negotiating objec- action and the deadline for filing a claim for Agreements Act (19 U.S.C. 3521(b)). tives of the United States for agreements judicial review of the agency action shall be (2) TRADE IN SERVICES.—(A) The principal subject to the provisions of section 203 are— 150 days after the date on which a notice an- negotiating objective of the United States (1) to obtain more open, equitable, and re- nouncing the agency action is published in regarding trade in services is to expand com- ciprocal market access; the Federal Register. petitive market opportunities for United (2) to obtain the reduction or elimination (C) RULE OF CONSTRUCTION.—Nothing in States services and to obtain fairer and more this paragraph creates a right to judicial re- of barriers and distortions that are directly open conditions of trade, including through view or places any limit on filing a claim related to trade and investment and that de- utilization of global value chains, by reduc- that a person has violated the terms of an crease market opportunities for United ing or eliminating barriers to international authorization. States exports or otherwise distort United trade in services, such as regulatory and States trade; (2) PRELIMINARY INJUNCTIVE RELIEF.—In ad- other barriers that deny national treatment dition to considering any other applicable (3) to further strengthen the system of and market access or unreasonably restrict equitable factors, including the effects on international trade and investment dis- the establishment or operations of service public health, safety, and the environment, ciplines and procedures, including dispute suppliers. in any action seeking a temporary restrain- settlement; (B) Recognizing that expansion of trade in ing order or preliminary injunction against (4) to foster economic growth, raise living services generates benefits for all sectors of an agency or a project sponsor in connection standards, enhance the competitiveness of the economy and facilitates trade, the objec- with review or authorization of a covered the United States, promote full employment tive described in subparagraph (A) should be project, the court shall— in the United States, and enhance the global pursued through all means, including (A) consider the potential for significant economy; through a plurilateral agreement with those job losses or other economic harm resulting (5) to ensure that trade and environmental countries willing and able to undertake high from an order or injunction; and policies are mutually supportive and to seek standard services commitments for both ex- (B) not presume that the harms described to protect and preserve the environment and isting and new services. in subparagraph (A) are reparable. enhance the international means of doing so, (3) TRADE IN AGRICULTURE.—The principal (3) JUDICIAL REVIEW.—Except as provided in while optimizing the use of the world’s re- negotiating objective of the United States paragraph (1), nothing in this section affects sources; with respect to agriculture is to obtain com- the reviewability of any final Federal agency (6) to promote respect for worker rights petitive opportunities for United States ex- action in a court of the United States or in and the rights of children consistent with ports of agricultural commodities in foreign the court of any State. core labor standards of the ILO (as set out in markets substantially equivalent to the (4) SAVINGS CLAUSE.—Nothing in this sec- section 11(7)) and an understanding of the re- competitive opportunities afforded foreign tion— lationship between trade and worker rights; exports in United States markets and to (A) supersedes, amends, or modifies NEPA (7) to seek provisions in trade agreements achieve fairer and more open conditions of or any other Federal environmental statute under which parties to those agreements en- trade in bulk, specialty crop, and value or affects the responsibility of any Federal sure that they do not weaken or reduce the added commodities by— officer to comply with or enforce any stat- protections afforded in domestic environ- (A) securing more open and equitable mar- ute; or mental and labor laws as an encouragement ket access through robust rules on sanitary (B) creates a presumption that a covered for trade; and phytosanitary measures that— project will be approved or favorably re- (8) to ensure that trade agreements afford (i) encourage the adoption of international viewed by any agency. small businesses equal access to inter- standards and require a science-based jus- (5) LIMITATIONS.—Nothing in this sub- national markets, equitable trade benefits, tification be provided for a sanitary or section preempts, limits, or interferes with— and expanded export market opportunities, phytosanitary measure if the measure is (A) any practice of seeking, considering, or and provide for the reduction or elimination more restrictive than the applicable inter- responding to public comment; or of trade and investment barriers that dis- national standard; (B) any power, jurisdiction, responsibility, proportionately impact small businesses; (ii) improve regulatory coherence, promote or authority that a Federal, State, or local (9) to promote universal ratification and the use of systems-based approaches, and ap- governmental agency, metropolitan planning full compliance with ILO Convention No. 182 propriately recognize the equivalence of organization, Indian tribe, or project sponsor Concerning the Prohibition and Immediate health and safety protection systems of ex- has with respect to carrying out a project or Action for the Elimination of the Worst porting countries; any other provisions of law applicable to any Forms of Child Labor; (iii) require that measures are trans- project, plan, or program. (10) to ensure that trade agreements reflect parently developed and implemented, are (i) REPORT TO CONGRESS.— and facilitate the increasingly interrelated, based on risk assessments that take into ac- (1) IN GENERAL.—Not later than April 15 of multi-sectoral nature of trade and invest- count relevant international guidelines and each year, the Federal CPO shall submit to ment activity; scientific data, and are not more restrictive Congress a report detailing the progress ac- (11) to ensure implementation of trade on trade than necessary to meet the in- complished under this section during the commitments and obligations by strength- tended purpose; and previous fiscal year. ening the effective operation of legal regimes (iv) improve import check processes, in- (2) CONTENTS.—The report described in and the rule of law by trading partners of the cluding testing methodologies and proce- paragraph (1) shall assess the performance of United States through capacity building and dures, and certification requirements, each participating agency and lead agency other appropriate means; while recognizing that countries may put in based on the best practices described in sub- (12) to recognize the growing significance place measures to protect human, animal or section (c)(3)(B)(ii). of the Internet as a trading platform in plant life or health in a manner consistent (3) OPPORTUNITY TO INCLUDE COMMENTS.— international commerce; and with their international obligations, includ- Each agency CPO shall have the opportunity (13) to take into account other legitimate ing the WTO Agreement on the Application to include comments concerning the per- United States domestic objectives, includ- of Sanitary and Phytosanitary Measures (re- formance of the agency in the report de- ing, but not limited to, the protection of le- ferred to in section 101(d)(3) of the Uruguay scribed in paragraph (1). gitimate health or safety, essential security, Round Agreements Act (19 U.S.C. 3511(d)(3))); (j) APPLICATION.—This section applies to and consumer interests and the law and reg- (B) reducing or eliminating, by a date cer- any covered project for which an application ulations related thereto. tain, tariffs or other charges that decrease

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.050 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4934 CONGRESSIONAL RECORD — SENATE July 24, 2014 market opportunities for United States ex- (O) taking into account the impact that (H) ensuring the fullest measure of trans- ports— agreements covering agriculture to which parency in the dispute settlement mecha- (i) giving priority to those products that the United States is a party have on the nism, to the extent consistent with the need are subject to significantly higher tariffs or United States agricultural industry; to protect information that is classified or subsidy regimes of major producing coun- (P) maintaining bona fide food assistance business confidential, by— tries; and programs, market development programs, (i) ensuring that all requests for dispute (ii) providing reasonable adjustment peri- and export credit programs; settlement are promptly made public; ods for United States import sensitive prod- (Q) seeking to secure the broadest market (ii) ensuring that— ucts, in close consultation with Congress on access possible in multilateral, regional, and (I) all proceedings, submissions, findings, such products before initiating tariff reduc- bilateral negotiations, recognizing the effect and decisions are promptly made public; and tion negotiations; that simultaneous sets of negotiations may (II) all hearings are open to the public; and (C) reducing tariffs to levels that are the have on United States import sensitive com- (iii) establishing a mechanism for accept- same as or lower than those in the United modities (including those subject to tariff ance of amicus curiae submissions from busi- States; rate quotas); nesses, unions, and nongovernmental organi- (D) reducing or eliminating subsidies that (R) seeking to develop an international zations. consensus on the treatment of seasonal or decrease market opportunities for United (5) INTELLECTUAL PROPERTY.—The principal States exports or unfairly distort agriculture perishable agricultural products in inves- negotiating objectives of the United States markets to the detriment of the United tigations relating to dumping and safeguards regarding trade related intellectual property and in any other relevant area; States; are— (S) seeking to establish the common base (E) allowing the preservation of programs (A) to further promote adequate and effec- year for calculating the Aggregated Meas- that support family farms and rural commu- tive protection of intellectual property urement of Support (as defined in the Agree- nities but do not distort trade; rights, including through— ment on Agriculture) as the end of each (F) developing disciplines for domestic sup- (i)(I) ensuring accelerated and full imple- country’s Uruguay Round implementation port programs, so that production that is in mentation of the Agreement on Trade Re- period, as reported in each country’s Uru- excess of domestic food security needs is sold lated Aspects of Intellectual Property Rights guay Round market access schedule; at world prices; (T) ensuring transparency in the adminis- referred to in section 101(d)(15) of the Uru- (G) eliminating government policies that tration of tariff rate quotas through multi- guay Round Agreements Act (19 U.S.C. create price depressing surpluses; lateral, plurilateral, and bilateral negotia- 3511(d)(15)), particularly with respect to (H) eliminating state trading enterprises tions; and meeting enforcement obligations under that whenever possible; (U) eliminating and preventing the under- agreement; and (I) developing, strengthening, and clari- mining of market access for United States (II) ensuring that the provisions of any fying rules to eliminate practices that un- products through improper use of a country’s trade agreement governing intellectual prop- fairly decrease United States market access system for protecting or recognizing geo- erty rights that is entered into by the United opportunities or distort agricultural mar- graphical indications, including failing to States reflect a standard of protection simi- kets to the detriment of the United States, ensure transparency and procedural fairness lar to that found in United States law; and ensuring that such rules are subject to and protecting generic terms. (ii) providing strong protection for new and efficient, timely, and effective dispute settle- (4) FOREIGN INVESTMENT.—Recognizing that emerging technologies and new methods of ment, including— United States law on the whole provides a transmitting and distributing products em- (i) unfair or trade distorting activities of high level of protection for investment, con- bodying intellectual property, including in a state trading enterprises and other adminis- sistent with or greater than the level re- manner that facilitates legitimate digital trative mechanisms, with emphasis on required by international law, the principal ne- trade; quiring price transparency in the operation gotiating objectives of the United States re- (iii) preventing or eliminating discrimina- of state trading enterprises and such other garding foreign investment are to reduce or tion with respect to matters affecting the mechanisms in order to end cross subsidiza- eliminate artificial or trade distorting bar- availability, acquisition, scope, mainte- tion, price discrimination, and price under- riers to foreign investment, while ensuring nance, use, and enforcement of intellectual cutting; that foreign investors in the United States property rights; (ii) unjustified trade restrictions or com- are not accorded greater substantive rights (iv) ensuring that standards of protection mercial requirements, such as labeling, that with respect to investment protections than and enforcement keep pace with techno- affect new technologies, including bio- United States investors in the United States, logical developments, and in particular en- technology; and to secure for investors important rights suring that rightholders have the legal and (iii) unjustified sanitary or phytosanitary comparable to those that would be available technological means to control the use of restrictions, including restrictions not based under United States legal principles and their works through the Internet and other on scientific principles in contravention of practice, by— global communication media, and to prevent obligations in the Uruguay Round Agree- (A) reducing or eliminating exceptions to the unauthorized use of their works; ments or bilateral or regional trade agree- the principle of national treatment; (v) providing strong enforcement of intel- ments; (B) freeing the transfer of funds relating to lectual property rights, including through (iv) other unjustified technical barriers to investments; accessible, expeditious, and effective civil, trade; and (C) reducing or eliminating performance administrative, and criminal enforcement (v) restrictive rules in the administration requirements, forced technology transfers, mechanisms; and of tariff rate quotas; and other unreasonable barriers to the estab- (vi) preventing or eliminating government (J) eliminating practices that adversely af- lishment and operation of investments; involvement in the violation of intellectual fect trade in perishable or cyclical products, (D) seeking to establish standards for ex- property rights, including cyber theft and pi- while improving import relief mechanisms to propriation and compensation for expropria- racy; recognize the unique characteristics of per- tion, consistent with United States legal (B) to secure fair, equitable, and non- ishable and cyclical agriculture; principles and practice; discriminatory market access opportunities (K) ensuring that import relief mecha- (E) seeking to establish standards for fair for United States persons that rely upon in- nisms for perishable and cyclical agriculture and equitable treatment consistent with tellectual property protection; and are as accessible and timely to growers in United States legal principles and practice, (C) to respect the Declaration on the the United States as those mechanisms that including the principle of due process; TRIPS Agreement and Public Health, adopt- are used by other countries; (F) providing meaningful procedures for reed by the World Trade Organization at the (L) taking into account whether a party to solving investment disputes; Fourth Ministerial Conference at Doha, the negotiations has failed to adhere to the (G) seeking to improve mechanisms used to Qatar on November 14, 2001, and to ensure provisions of already existing trade agree- resolve disputes between an investor and a that trade agreements foster innovation and ments with the United States or has cir- government through— promote access to medicines. cumvented obligations under those agree- (i) mechanisms to eliminate frivolous (6) DIGITAL TRADE IN GOODS AND SERVICES ments; claims and to deter the filing of frivolous AND CROSS-BORDER DATA FLOWS.—The prin- (M) taking into account whether a product claims; cipal negotiating objectives of the United is subject to market distortions by reason of (ii) procedures to ensure the efficient selec- States with respect to digital trade in goods a failure of a major producing country to ad- tion of arbitrators and the expeditious dis- and services, as well as cross-border data here to the provisions of already existing position of claims; flows, are— trade agreements with the United States or (iii) procedures to enhance opportunities (A) to ensure that current obligations, by the circumvention by that country of its for public input into the formulation of gov- rules, disciplines, and commitments under obligations under those agreements; ernment positions; and the World Trade Organization and bilateral (N) otherwise ensuring that countries that (iv) providing for an appellate body or and regional trade agreements apply to dig- accede to the World Trade Organization have similar mechanism to provide coherence to ital trade in goods and services and to cross- made meaningful market liberalization com- the interpretations of investment provisions border data flows; mitments in agriculture; in trade agreements; and (B) to ensure that—

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(I) to ensure that a trade agreement is not (A) to ensure that a party to a trade agree- (7) REGULATORY PRACTICES.—The principal construed to empower a party’s authorities negotiating objectives of the United States ment with the United States— to undertake labor or environmental law en- regarding the use of government regulation (i) adopts and maintains measures imple- forcement activities in the territory of the or other practices to reduce market access menting internationally recognized core United States. labor standards (as defined in section 211(17)) for United States goods, services, and invest- (11) CURRENCY.—The principal negotiating ments are— and its obligations under common multilat- objective of the United States with respect (A) to achieve increased transparency and eral environmental agreements (as defined in to currency practices is that parties to a opportunity for the participation of affected section 211(6)), trade agreement with the United States parties in the development of regulations; (ii) does not waive or otherwise derogate avoid manipulating exchange rates in order (B) to require that proposed regulations be from, or offer to waive or otherwise derogate to prevent effective balance of payments ad- based on sound science, cost benefit analysis, from— justment or to gain an unfair competitive risk assessment, or other objective evidence; (I) its statutes or regulations imple- advantage over other parties to the agree- (C) to establish consultative mechanisms menting internationally recognized core ment, such as through cooperative mecha- and seek other commitments, as appropriate, labor standards (as defined in section nisms, enforceable rules, reporting, moni- to improve regulatory practices and promote 211(17)), in a manner affecting trade or in- toring, transparency, or other means, as ap- increased regulatory coherence, including vestment between the United States and propriate. through— that party, where the waiver or derogation (12) WTO AND MULTILATERAL TRADE AGREE- (i) transparency in developing guidelines, would be inconsistent with one or more such MENTS.—Recognizing that the World Trade rules, regulations, and laws for government standards, or Organization is the foundation of the global procurement and other regulatory regimes; (II) its environmental laws in a manner trading system, the principal negotiating ob- (ii) the elimination of redundancies in test- that weakens or reduces the protections af- jectives of the United States regarding the ing and certification; forded in those laws and in a manner affect- World Trade Organization, the Uruguay (iii) early consultations on significant reg- ing trade or investment between the United Round Agreements, and other multilateral ulations; States and that party, except as provided in and plurilateral trade agreements are— (iv) the use of impact assessments; its law and provided not inconsistent with (A) to achieve full implementation and ex- (v) the periodic review of existing regu- its obligations under common multilateral tend the coverage of the World Trade Organi- latory measures; and environmental agreements (as defined in sec- zation and multilateral and plurilateral (vi) the application of good regulatory tion 211(6)) or other provisions of the trade agreements to products, sectors, and condi- practices; agreement specifically agreed upon, and tions of trade not adequately covered; (D) to seek greater openness, transparency, (iii) does not fail to effectively enforce its (B) to expand country participation in and and convergence of standards-development environmental or labor laws, through a sus- enhancement of the Information Technology processes, and enhance cooperation on stand- tained or recurring course of action or inac- Agreement, the Government Procurement ards issues globally; tion, Agreement, and other plurilateral trade (E) to promote regulatory compatibility in a manner affecting trade or investment agreements of the World Trade Organization; through harmonization, equivalence, or mu- between the United States and that party (C) to expand competitive market opportu- tual recognition of different regulations and after entry into force of a trade agreement nities for United States exports and to ob- standards and to encourage the use of inter- between those countries; tain fairer and more open conditions of national and interoperable standards, as ap- (B) to recognize that— trade, including through utilization of global propriate; (i) with respect to environment, parties to value chains, through the negotiation of new (F) to achieve the elimination of govern- a trade agreement retain the right to exer- WTO multilateral and plurilateral trade ment measures such as price controls and cise prosecutorial discretion and to make de- agreements, such as an agreement on trade reference pricing which deny full market ac- cisions regarding the allocation of enforce- facilitation; cess for United States products; ment resources with respect to other envi- (D) to ensure that regional trade agree- (G) to ensure that government regulatory ronmental laws determined to have higher ments to which the United States is not a reimbursement regimes are transparent, pro- priorities, and a party is effectively enforc- party fully achieve the high standards of, vide procedural fairness, are non-discrimina- ing its laws if a course of action or inaction and comply with, WTO disciplines including tory, and provide full market access for reflects a reasonable, bona fide exercise of Article XXIV of GATT 1994, Article V and V United States products; and such discretion, or results from a reasonable, bis of the General Agreement on Trade in (H) to ensure that foreign governments— bona fide decision regarding the allocation of Services, and the Enabling Clause, including (i) demonstrate that the collection of un- resources; and through meaningful WTO review of such re- disclosed proprietary information is limited (ii) with respect to labor, decisions regard- gional trade agreements; to that necessary to satisfy a legitimate and ing the distribution of enforcement resources (E) to enhance compliance by WTO mem- justifiable regulatory interest; and are not a reason for not complying with a bers with their obligations as WTO members (ii) protect such information against dis- party’s labor obligations; a party to a trade through active participation in the bodies of closure, except in exceptional circumstances agreement retains the right to reasonable the World Trade Organization by the United to protect the public, or where such informa- exercise of discretion and to make bona fide States and all other WTO members, includ- tion is effectively protected against unfair decisions regarding the allocation of re- ing in the trade policy review mechanism competition. sources between labor enforcement activities and the committee system of the World (8) STATE-OWNED AND STATE-CONTROLLED among core labor standards, provided the ex- Trade Organization, and by working to in- ENTERPRISES.—The principal negotiating ob- ercise of such discretion and such decisions crease the effectiveness of such bodies; and jective of the United States regarding com- are not inconsistent with its obligations; (F) to encourage greater cooperation be- petition by state-owned and state-controlled (C) to strengthen the capacity of United tween the World Trade Organization and enterprises is to seek commitments that— States trading partners to promote respect other international organizations.

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(13) TRADE INSTITUTION TRANSPARENCY.— (i) encourages compliance with the obliga- mental exceptions under Article XX of GATT The principal negotiating objective of the tions of the agreement; 1994. United States with respect to transparency (ii) is appropriate to the parties, nature, SEC. 203. TRADE AGREEMENTS AUTHORITY. is to obtain wider and broader application of subject matter, and scope of the violation; (a) AGREEMENTS REGARDING TARIFF BAR- the principle of transparency in the World and RIERS.— Trade Organization, entities established (iii) has the aim of not adversely affecting (1) IN GENERAL.—Whenever the President under bilateral and regional trade agree- parties or interests not party to the dispute determines that one or more existing duties ments, and other international trade fora while maintaining the effectiveness of the or other import restrictions of any foreign through seeking— enforcement mechanism; and country or the United States are unduly bur- (A) timely public access to information re- (G) to seek provisions that treat United dening and restricting the foreign trade of garding trade issues and the activities of States principal negotiating objectives the United States and that the purposes, such institutions; equally with respect to— policies, priorities, and objectives of this (B) openness by ensuring public access to (i) the ability to resort to dispute settle- title will be promoted thereby, the Presi- appropriate meetings, proceedings, and sub- ment under the applicable agreement; dent— missions, including with regard to trade and (ii) the availability of equivalent dispute (A) may enter into trade agreements with investment dispute settlement; and settlement procedures; and foreign countries before— (C) public access to all notifications and (iii) the availability of equivalent rem- (i) July 1, 2018; or supporting documentation submitted by edies. (ii) July 1, 2021, if trade authorities proce- WTO members. (16) TRADE REMEDY LAWS.—The principal dures are extended under subsection (c); and (14) ANTI-CORRUPTION.—The principal nego- negotiating objectives of the United States (B) may, subject to paragraphs (2) and (3), tiating objectives of the United States with with respect to trade remedy laws are— proclaim— respect to the use of money or other things (A) to preserve the ability of the United (i) such modification or continuance of any of value to influence acts, decisions, or omis- States to enforce rigorously its trade laws, existing duty, sions of foreign governments or officials or including the antidumping, countervailing (ii) such continuance of existing duty free to secure any improper advantage in a man- duty, and safeguard laws, and avoid agree- ner affecting trade are— or excise treatment, or ments that lessen the effectiveness of domes- (iii) such additional duties, (A) to obtain high standards and effective tic and international disciplines on unfair domestic enforcement mechanisms applica- as the President determines to be required or trade, especially dumping and subsidies, or appropriate to carry out any such trade ble to persons from all countries partici- that lessen the effectiveness of domestic and pating in the applicable trade agreement agreement. international safeguard provisions, in order Substantial modifications to, or substantial that prohibit such attempts to influence to ensure that United States workers, agri- acts, decisions, or omissions of foreign gov- additional provisions of, a trade agreement cultural producers, and firms can compete entered into after July 1, 2018, or July 1, 2021, ernments; fully on fair terms and enjoy the benefits of (B) to ensure that such standards level the if trade authorities procedures are extended reciprocal trade concessions; and under subsection (c), shall not be eligible for playing field for United States persons in (B) to address and remedy market distor- international trade and investment; and approval under this title. tions that lead to dumping and subsidiza- (C) to seek commitments to work jointly (2) NOTIFICATION.—The President shall notion, including overcapacity, cartelization, to encourage and support anti-corruption tify Congress of the President’s intention to and market access barriers. and anti-bribery initiatives in international enter into an agreement under this sub- (17) BORDER TAXES.—The principal negoti- trade fora, including through the Convention section. ating objective of the United States regard- on Combating Bribery of Foreign Public Offi- (3) LIMITATIONS.—No proclamation may be ing border taxes is to obtain a revision of the cials in International Business Transactions made under paragraph (1) that— rules of the World Trade Organization with of the Organization for Economic Coopera- (A) reduces any rate of duty (other than a respect to the treatment of border adjust- tion and Development, done at Paris Decem- rate of duty that does not exceed 5 percent ments for internal taxes to redress the dis- ber 17, 1997 (commonly known as the ‘‘OECD ad valorem on the date of the enactment of advantage to countries relying primarily on Anti-Bribery Convention’’). this Act) to a rate of duty which is less than direct taxes for revenue rather than indirect (15) DISPUTE SETTLEMENT AND ENFORCE- 50 percent of the rate of such duty that ap- taxes. MENT.—The principal negotiating objectives plies on such date of enactment; of the United States with respect to dispute (18) TEXTILE NEGOTIATIONS.—The principal (B) reduces the rate of duty below that ap- settlement and enforcement of trade agree- negotiating objectives of the United States plicable under the Uruguay Round Agree- ments are— with respect to trade in textiles and apparel ments or a successor agreement, on any im- (A) to seek provisions in trade agreements articles are to obtain competitive opportuni- port sensitive agricultural product; or providing for resolution of disputes between ties for United States exports of textiles and (C) increases any rate of duty above the governments under those trade agreements apparel in foreign markets substantially rate that applied on the date of the enact- in an effective, timely, transparent, equi- equivalent to the competitive opportunities ment of this Act. table, and reasoned manner, requiring deter- afforded foreign exports in United States (4) AGGREGATE REDUCTION; EXEMPTION FROM minations based on facts and the principles markets and to achieve fairer and more open STAGING.— of the agreements, with the goal of increas- conditions of trade in textiles and apparel. (A) AGGREGATE REDUCTION.—Except as pro- ing compliance with the agreements; (c) CAPACITY BUILDING AND OTHER PRIOR- vided in subparagraph (B), the aggregate re- (B) to seek to strengthen the capacity of ITIES.—In order to address and maintain duction in the rate of duty on any article the Trade Policy Review Mechanism of the United States competitiveness in the global which is in effect on any day pursuant to a World Trade Organization to review compli- economy, the President shall— trade agreement entered into under para- ance with commitments; (1) direct the heads of relevant Federal graph (1) shall not exceed the aggregate re- (C) to seek adherence by panels convened agencies— duction which would have been in effect on under the Dispute Settlement Understanding (A) to work to strengthen the capacity of such day if— and by the Appellate Body to— United States trading partners to carry out (i) a reduction of 3 percent ad valorem or a (i) the mandate of those panels and the Ap- obligations under trade agreements by con- reduction of 1⁄10 of the total reduction, pellate Body to apply the WTO Agreement as sulting with any country seeking a trade whichever is greater, had taken effect on the written, without adding to or diminishing agreement with the United States con- effective date of the first reduction pro- rights and obligations under the Agreement; cerning that country’s laws relating to cus- claimed under paragraph (1) to carry out and toms and trade facilitation, sanitary and such agreement with respect to such article; (ii) the standard of review applicable under phytosanitary measures, technical barriers and the Uruguay Round Agreement involved in to trade, intellectual property rights, labor, (ii) a reduction equal to the amount appli- the dispute, including greater deference, and the environment; and cable under clause (i) had taken effect at 1- where appropriate, to the fact finding and (B) to provide technical assistance to that year intervals after the effective date of such technical expertise of national investigating country if needed; first reduction. authorities; (2) seek to establish consultative mecha- (B) EXEMPTION FROM STAGING.—No staging (D) to seek provisions encouraging the nisms among parties to trade agreements to is required under subparagraph (A) with re- early identification and settlement of dis- strengthen the capacity of United States spect to a duty reduction that is proclaimed putes through consultation; trading partners to develop and implement under paragraph (1) for an article of a kind (E) to seek provisions to encourage the standards for the protection of the environ- that is not produced in the United States. provision of trade expanding compensation if ment and human health based on sound The United States International Trade Com- a party to a dispute under the agreement science; and mission shall advise the President of the does not come into compliance with its obli- (3) promote consideration of multilateral identity of articles that may be exempted gations under the agreement; environmental agreements and consult with from staging under this subparagraph. (F) to seek provisions to impose a penalty parties to such agreements regarding the (5) ROUNDING.—If the President determines upon a party to a dispute under the agree- consistency of any such agreement that in- that such action will simplify the computa- ment that— cludes trade measures with existing environ- tion of reductions under paragraph (4), the

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.051 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4937 President may round an annual reduction by bills under that section. A bill to which this United States of all trade agreements imple- an amount equal to the lesser of— paragraph applies shall hereafter in this title mented between the date of the enactment of (A) the difference between the reduction be referred to as an ‘‘implementing bill’’. this Act and the date on which the President without regard to this paragraph and the (B) The provisions referred to in subpara- decides to seek an extension requested under next lower whole number; or graph (A) are— paragraph (2). (B) 1⁄2 of 1 percent ad valorem. (i) a provision approving a trade agreement (4) STATUS OF REPORTS.—The reports sub- (6) OTHER LIMITATIONS.—A rate of duty re- entered into under this subsection and ap- mitted to Congress under paragraphs (2) and duction that may not be proclaimed by rea- proving the statement of administrative ac- (3), or any portion of such reports, may be son of paragraph (3) may take effect only if tion, if any, proposed to implement such classified to the extent the President deter- a provision authorizing such reduction is in- trade agreement; and mines appropriate. cluded within an implementing bill provided (ii) if changes in existing laws or new stat- (5) EXTENSION DISAPPROVAL RESOLUTIONS.— for under section 206 and that bill is enacted utory authority are required to implement (A) For purposes of paragraph (1), the term into law. such trade agreement or agreements, only ‘‘extension disapproval resolution’’ means a (7) OTHER TARIFF MODIFICATIONS.—Notwith- such provisions as are strictly necessary or resolution of either House of Congress, the standing paragraphs (1)(B), (3)(A), (3)(C), and appropriate to implement such trade agree- sole matter after the resolving clause of (4) through (6), and subject to the consulta- ment or agreements, either repealing or which is as follows: ‘‘That the llll dis- tion and layover requirements of section 115 amending existing laws or providing new approves the request of the President for the of the Uruguay Round Agreements Act (19 statutory authority. extension, under section 203(c)(1)(B)(i) of the U.S.C. 3524), the President may proclaim the (c) EXTENSION DISAPPROVAL PROCESS FOR Bipartisan Congressional Trade Priorities modification of any duty or staged rate re- CONGRESSIONAL TRADE AUTHORITIES PROCE- Act of 2014, of the trade authorities proce- duction of any duty set forth in Schedule DURES.— dures under that Act to any implementing XX, as defined in section 2(5) of that Act (19 (1) IN GENERAL.—Except as provided in sec- bill submitted with respect to any trade U.S.C. 3501(5)), if the United States agrees to tion 206(b)— agreement entered into under section 203(b) such modification or staged rate reduction in (A) the trade authorities procedures apply of that Act after June 30, 2018.’’, with the a negotiation for the reciprocal elimination to implementing bills submitted with re- blank space being filled with the name of the or harmonization of duties under the aus- spect to trade agreements entered into under resolving House of Congress. subsection (b) before July 1, 2018; and pices of the World Trade Organization. (B) Extension disapproval resolutions— (B) the trade authorities procedures shall (8) AUTHORITY UNDER URUGUAY ROUND (i) may be introduced in either House of be extended to implementing bills submitted AGREEMENTS ACT NOT AFFECTED.—Nothing in Congress by any member of such House; and with respect to trade agreements entered this subsection shall limit the authority pro- (ii) shall be referred, in the House of Rep- into under subsection (b) after June 30, 2018, vided to the President under section 111(b) of resentatives, to the Committee on Ways and and before July 1, 2021, if (and only if)— the Uruguay Round Agreements Act (19 Means and, in addition, to the Committee on (i) the President requests such extension U.S.C. 3521(b)). Rules. (b) AGREEMENTS REGARDING TARIFF AND under paragraph (2); and (C) The provisions of subsections (d) and (e) NONTARIFF BARRIERS.— (ii) neither House of Congress adopts an ex- of section 152 of the Trade Act of 1974 (19 (1) IN GENERAL.—(A) Whenever the Presi- tension disapproval resolution under para- U.S.C. 2192) (relating to the floor consider- dent determines that— graph (5) before July 1, 2018. ation of certain resolutions in the House and (i) 1 or more existing duties or any other (2) REPORT TO CONGRESS BY THE PRESI- Senate) apply to extension disapproval reso- import restriction of any foreign country or DENT.—If the President is of the opinion that lutions. the United States or any other barrier to, or the trade authorities procedures should be (D) It is not in order for— other distortion of, international trade un- extended to implementing bills described in (i) the House of Representatives to con- duly burdens or restricts the foreign trade of paragraph (1)(B), the President shall submit sider any extension disapproval resolution the United States or adversely affects the to Congress, not later than April 1, 2018, a not reported by the Committee on Ways and United States economy, or written report that contains a request for Means and, in addition, by the Committee on (ii) the imposition of any such barrier or such extension, together with— Rules; distortion is likely to result in such a bur- (A) a description of all trade agreements (ii) the Senate to consider any extension den, restriction, or effect, that have been negotiated under subsection disapproval resolution not reported by the and that the purposes, policies, priorities, (b) and the anticipated schedule for submit- Committee on Finance; or and objectives of this title will be promoted ting such agreements to Congress for ap- (iii) either House of Congress to consider thereby, the President may enter into a proval; an extension disapproval resolution after trade agreement described in subparagraph (B) a description of the progress that has June 30, 2018. (B) during the period described in subpara- been made in negotiations to achieve the graph (C). purposes, policies, priorities, and objectives (d) COMMENCEMENT OF NEGOTIATIONS.—In (B) The President may enter into a trade of this title, and a statement that such order to contribute to the continued eco- agreement under subparagraph (A) with for- progress justifies the continuation of nego- nomic expansion of the United States, the eign countries providing for— tiations; and President shall commence negotiations cov- (i) the reduction or elimination of a duty, (C) a statement of the reasons why the ex- ering tariff and nontariff barriers affecting restriction, barrier, or other distortion de- tension is needed to complete the negotia- any industry, product, or service sector, and scribed in subparagraph (A); or tions. expand existing sectoral agreements to coun- (ii) the prohibition of, or limitation on the (3) OTHER REPORTS TO CONGRESS.— tries that are not parties to those agree- imposition of, such barrier or other distor- (A) REPORT BY THE ADVISORY COMMITTEE.— ments, in cases where the President deter- tion. The President shall promptly inform the Ad- mines that such negotiations are feasible (C) The President may enter into a trade visory Committee for Trade Policy and Ne- and timely and would benefit the United agreement under this paragraph before— gotiations established under section 135 of States. Such sectors include agriculture, (i) July 1, 2018; or the Trade Act of 1974 (19 U.S.C. 2155) of the commercial services, intellectual property (ii) July 1, 2021, if trade authorities proce- decision of the President to submit a report rights, industrial and capital goods, govern- dures are extended under subsection (c). to Congress under paragraph (2). The Advi- ment procurement, information technology Substantial modifications to, or substantial sory Committee shall submit to Congress as products, environmental technology and additional provisions of, a trade agreement soon as practicable, but not later than June services, medical equipment and services, entered into after July 1, 2018, or July 1, 2021, 1, 2018, a written report that contains— civil aircraft, and infrastructure products. In if trade authorities procedures are extended (i) its views regarding the progress that so doing, the President shall take into ac- under subsection (c), shall not be eligible for has been made in negotiations to achieve the count all of the principal negotiating objec- approval under this title. purposes, policies, priorities, and objectives tives set forth in section 202(b). (2) CONDITIONS.—A trade agreement may be of this title; and SEC. 204. CONGRESSIONAL OVERSIGHT, CON- entered into under this subsection only if (ii) a statement of its views, and the rea- SULTATIONS, AND ACCESS TO IN- such agreement makes progress in meeting sons therefor, regarding whether the exten- FORMATION. the applicable objectives described in sub- sion requested under paragraph (2) should be (a) CONSULTATIONS WITH MEMBERS OF CON- sections (a) and (b) of section 202 and the approved or disapproved. GRESS.— President satisfies the conditions set forth in (B) REPORT BY INTERNATIONAL TRADE COM- (1) CONSULTATIONS DURING NEGOTIATIONS.— sections 204 and 205. MISSION.—The President shall promptly in- In the course of negotiations conducted (3) BILLS QUALIFYING FOR TRADE AUTHORI- form the United States International Trade under this title, the United States Trade TIES PROCEDURES.—(A) The provisions of sec- Commission of the decision of the President Representative shall— tion 151 of the Trade Act of 1974 (in this title to submit a report to Congress under para- (A) meet upon request with any Member of referred to as ‘‘trade authorities proce- graph (2). The International Trade Commis- Congress regarding negotiating objectives, dures’’) apply to a bill of either House of sion shall submit to Congress as soon as the status of negotiations in progress, and Congress which contains provisions described practicable, but not later than June 1, 2018, the nature of any changes in the laws of the in subparagraph (B) to the same extent as a written report that contains a review and United States or the administration of those such section 151 applies to implementing analysis of the economic impact on the laws that may be recommended to Congress

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.051 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4938 CONGRESSIONAL RECORD — SENATE July 24, 2014 to carry out any trade agreement or any re- diction over laws affected by trade negotia- the Senate, jurisdiction over provisions of quirement of, amendment to, or rec- tions. law affected by a trade agreement negotia- ommendation under, that agreement; (b) DESIGNATED CONGRESSIONAL ADVIS- tion conducted at any time during that Con- (B) upon request of any Member of Con- ERS.— gress and to which this title would apply. gress, provide access to pertinent documents (1) DESIGNATION.— (C) ACCREDITATION.—Each member of the relating to the negotiations, including clas- (A) HOUSE OF REPRESENTATIVES.—In each congressional advisory groups described in sified materials; Congress, any Member of the House of Rep- subparagraphs (A)(i) and (B)(i) shall be ac- (C) consult closely and on a timely basis resentatives may be designated as a congres- credited by the United States Trade Rep- with, and keep fully apprised of the negotia- sional adviser on trade policy and negotia- resentative on behalf of the President as an tions, the Committee on Ways and Means of tions by the Speaker of the House of Rep- official adviser to the United States delega- the House of Representatives and the Com- resentatives, after consulting with the chair- tion in negotiations for any trade agreement mittee on Finance of the Senate; man and ranking member of the Committee to which this title applies. Each member of (D) consult closely and on a timely basis on Ways and Means and the chairman and the congressional advisory groups described with, and keep fully apprised of the negotia- ranking member of the committee from in subparagraphs (A)(ii) and (B)(ii) shall be which the Member will be selected. tions, the House Advisory Group on Negotia- accredited by the United States Trade Rep- (B) SENATE.—In each Congress, any Mem- tions and the Senate Advisory Group on Ne- resentative on behalf of the President as an ber of the Senate may be designated as a gotiations convened under subsection (c) and official adviser to the United States delega- congressional adviser on trade policy and ne- all committees of the House of Representa- tion in the negotiations by reason of which gotiations by the President pro tempore of the member is in one of the congressional ad- tives and the Senate with jurisdiction over the Senate, after consultation with the visory groups. laws that could be affected by a trade agree- chairman and ranking member of the Com- (D) CONSULTATION AND ADVICE.—The con- ment resulting from the negotiations; and mittee on Finance and the chairman and gressional advisory groups shall consult with (E) with regard to any negotiations and ranking member of the committee from and provide advice to the Trade Representa- agreement relating to agricultural trade, which the Member will be selected. tive regarding the formulation of specific ob- also consult closely and on a timely basis (2) CONSULTATIONS WITH DESIGNATED CON- jectives, negotiating strategies and posi- (including immediately before initialing an GRESSIONAL ADVISERS.—In the course of nego- tions, the development of the applicable agreement) with, and keep fully apprised of tiations conducted under this title, the trade agreement, and compliance and en- the negotiations, the Committee on Agri- United States Trade Representative shall forcement of the negotiated commitments culture of the House of Representatives and consult closely and on a timely basis (includ- under the trade agreement. the Committee on Agriculture, Nutrition, ing immediately before initialing an agree- (E) CHAIR.—The House Advisory Group on and Forestry of the Senate. ment) with, and keep fully apprised of the Negotiations shall be chaired by the Chair- (2) CONSULTATIONS PRIOR TO ENTRY INTO negotiations, the congressional advisers for man of the Committee on Ways and Means of FORCE.—Prior to exchanging notes providing trade policy and negotiations designated the House of Representatives and the Senate for the entry into force of a trade agreement, under paragraph (1). Advisory Group on Negotiations shall be the United States Trade Representative shall (3) ACCREDITATION.—Each Member of Con- chaired by the Chairman of the Committee consult closely and on a timely basis with gress designated as a congressional adviser on Finance of the Senate. Members of Congress and committees as under paragraph (1) shall be accredited by (F) COORDINATION WITH OTHER COMMIT- specified in paragraph (1), and keep them the United States Trade Representative on TEES.—Members of any committee rep- fully apprised of the measures a trading behalf of the President as an official adviser resented on one of the congressional advi- partner has taken to comply with those pro- to the United States delegations to inter- sory groups may submit comments to the visions of the agreement that are to take ef- national conferences, meetings, and negoti- member of the appropriate congressional ad- fect on the date that the agreement enters ating sessions relating to trade agreements. visory group from that committee regarding into force. (c) CONGRESSIONAL ADVISORY GROUPS ON any matter related to a negotiation for any (3) ENHANCED COORDINATION WITH CON- NEGOTIATIONS.— trade agreement to which this title applies. GRESS.— (1) IN GENERAL.—By not later than 60 days (3) GUIDELINES.— (A) WRITTEN GUIDELINES.—The United after the date of the enactment of this Act, (A) PURPOSE AND REVISION.—The United States Trade Representative, in consultation and not later than 30 days after the con- States Trade Representative, in consultation with the chairmen and the ranking members vening of each Congress, the chairman of the with the chairmen and the ranking members of the Committee on Ways and Means of the Committee on Ways and Means of the House of the Committee on Ways and Means of the House of Representatives and the Committee of Representatives shall convene the House House of Representatives and the Committee on Finance of the Senate, respectively— Advisory Group on Negotiations and the on Finance of the Senate, respectively— (i) shall, not later than 120 days after the chairman of the Committee on Finance of (i) shall, not later than 120 days after the date of the enactment of this Act, develop the Senate shall convene the Senate Advi- date of the enactment of this Act, develop written guidelines on enhanced coordination sory Group on Negotiations (in this sub- written guidelines to facilitate the useful with Congress, including coordination with section referred to collectively as the ‘‘con- and timely exchange of information between designated congressional advisers under sub- gressional advisory groups’’). the Trade Representative and the congres- section (b), regarding negotiations conducted (2) MEMBERS AND FUNCTIONS.— sional advisory groups; and under this title; and (A) MEMBERSHIP OF THE HOUSE ADVISORY (ii) may make such revisions to the guide- (ii) may make such revisions to the guide- GROUP ON NEGOTIATIONS.—In each Congress, lines as may be necessary from time to time. lines as may be necessary from time to time. the House Advisory Group on Negotiations (B) CONTENT.—The guidelines developed (B) CONTENT OF GUIDELINES.—The guide- shall be comprised of the following Members under subparagraph (A) shall provide for, lines developed under subparagraph (A) shall of the House of Representatives: among other things— enhance coordination with Congress through (i) The chairman and ranking member of (i) detailed briefings on a fixed timetable procedures to ensure— the Committee on Ways and Means, and 3 ad- to be specified in the guidelines of the con- (i) timely briefings upon request of any ditional members of such Committee (not gressional advisory groups regarding negoti- Member of Congress regarding negotiating more than 2 of whom are members of the ating objectives and positions and the status objectives, the status of negotiations in same political party). of the applicable negotiations, beginning as progress conducted under this title, and the (ii) The chairman and ranking member, or soon as practicable after the congressional nature of any changes in the laws of the their designees, of the committees of the advisory groups are convened, with more fre- United States or the administration of those House of Representatives that would have, quent briefings as trade negotiations enter laws that may be recommended to Congress under the Rules of the House of Representa- the final stage; to carry out any trade agreement or any re- tives, jurisdiction over provisions of law af- (ii) access by members of the congressional quirement of, amendment to, or rec- fected by a trade agreement negotiation con- advisory groups, and staff with proper secu- ommendation under, that agreement; and ducted at any time during that Congress and rity clearances, to pertinent documents re- (ii) the sharing of detailed and timely in- to which this title would apply. lating to the negotiations, including classi- formation to Members of Congress regarding (B) MEMBERSHIP OF THE SENATE ADVISORY fied materials; those negotiations and pertinent documents GROUP ON NEGOTIATIONS.—In each Congress, (iii) the closest practicable coordination related to those negotiations (including clas- the Senate Advisory Group on Negotiations between the Trade Representative and the sified information), and to committee staff shall be comprised of the following Members congressional advisory groups at all critical with proper security clearances as would be of the Senate: periods during the negotiations, including at appropriate in the light of the responsibil- (i) The chairman and ranking member of negotiation sites; ities of that committee over the trade agree- the Committee on Finance and 3 additional (iv) after the applicable trade agreement is ments programs affected by those negotia- members of such Committee (not more than concluded, consultation regarding ongoing tions. 2 of whom are members of the same political compliance and enforcement of negotiated (C) DISSEMINATION.—The United States party). commitments under the trade agreement; Trade Representative shall disseminate the (ii) The chairman and ranking member, or and guidelines developed under subparagraph (A) their designees, of the committees of the (v) the timeframe for submitting the re- to all Federal agencies that could have juris- Senate that would have, under the Rules of port required under section 205(d)(3).

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(4) REQUEST FOR MEETING.—Upon the re- SEC. 205. NOTICE, CONSULTATIONS, AND RE- the Committee on Finance and the Com- quest of a majority of either of the congres- PORTS. mittee on Agriculture, Nutrition, and For- sional advisory groups, the President shall (a) NOTICE, CONSULTATIONS, AND REPORTS estry of the Senate concerning the results of meet with that congressional advisory group BEFORE NEGOTIATION.— the assessment, whether it is appropriate for before initiating negotiations with respect to (1) NOTICE.—The President, with respect to the United States to agree to further tariff a trade agreement, or at any other time con- any agreement that is subject to the provi- reductions based on the conclusions reached cerning the negotiations. sions of section 203(b), shall— in the assessment, and how all applicable ne- (A) provide, at least 90 calendar days be- (d) CONSULTATIONS WITH THE PUBLIC.— gotiating objectives will be met. fore initiating negotiations with a country, (1) GUIDELINES FOR PUBLIC ENGAGEMENT.— (B) SPECIAL CONSULTATIONS ON IMPORT SEN- written notice to Congress of the President’s The United States Trade Representative, in SITIVE PRODUCTS.—(i) Before initiating nego- intention to enter into the negotiations with consultation with the chairmen and the tiations with regard to agriculture and, with that country and set forth in the notice the ranking members of the Committee on Ways respect to agreements described in para- date on which the President intends to ini- and Means of the House of Representatives graphs (2) and (3) of section 207(a), as soon as tiate those negotiations, the specific United and the Committee on Finance of the Sen- practicable after the date of the enactment States objectives for the negotiations with ate, respectively— that country, and whether the President in- of this Act, the United States Trade Rep- (A) shall, not later than 120 days after the tends to seek an agreement, or changes to an resentative shall— date of the enactment of this Act, develop existing agreement; (I) identify those agricultural products written guidelines on public access to infor- (B) before and after submission of the no- subject to tariff rate quotas on the date of mation regarding negotiations conducted tice, consult regarding the negotiations with enactment of this Act, and agricultural prod- under this title; and the Committee on Ways and Means of the ucts subject to tariff reductions by the (B) may make such revisions to the guide- House of Representatives and the Committee United States as a result of the Uruguay lines as may be necessary from time to time. on Finance of the Senate, such other com- Round Agreements, for which the rate of (2) PURPOSES.—The guidelines developed mittees of the House and Senate as the duty was reduced on January 1, 1995, to a under paragraph (1) shall— President deems appropriate, and the House rate which was not less than 97.5 percent of (A) facilitate transparency; Advisory Group on Negotiations and the the rate of duty that applied to such article (B) encourage public participation; and Senate Advisory Group on Negotiations con- on December 31, 1994; (C) promote collaboration in the negotia- vened under section 204(c); and (II) consult with the Committee on Ways tion process. (C) upon the request of a majority of the and Means and the Committee on Agri- (3) CONTENT.—The guidelines developed members of either the House Advisory Group culture of the House of Representatives and under paragraph (1) shall include procedures on Negotiations or the Senate Advisory the Committee on Finance and the Com- that— Group on Negotiations convened under sec- mittee on Agriculture, Nutrition, and For- (A) provide for rapid disclosure of information 204(c), meet with the requesting con- estry of the Senate concerning— tion in forms that the public can readily find gressional advisory group before initiating (aa) whether any further tariff reductions and use; and the negotiations or at any other time con- on the products identified under subclause (I) (B) provide frequent opportunities for pub- cerning the negotiations. should be appropriate, taking into account lic input through Federal Register requests (2) SPECIAL RULE FOR NOTICE AND CONSULTA- the impact of any such tariff reduction on for comment and other means. TION ON DOHA-RELATED AGREEMENTS.—In the the United States industry producing the (4) DISSEMINATION.—The United States case of any plurilateral agreement between product concerned; Trade Representative shall disseminate the the United States and one or more WTO (bb) whether the products so identified face guidelines developed under paragraph (1) to members relating to a matter described in unjustified sanitary or phytosanitary re- all Federal agencies that could have jurisdic- the Ministerial Declaration of the World strictions, including those not based on sci- tion over laws affected by trade negotia- Trade Organization adopted at Doha Novem- entific principles in contravention of the tions. ber 14, 2001— Uruguay Round Agreements; and (e) CONSULTATIONS WITH ADVISORY COMMIT- (A) the President shall provide the written (cc) whether the countries participating in TEES.— notice described in subparagraph (A) of para- the negotiations maintain export subsidies (1) GUIDELINES FOR ENGAGEMENT WITH ADVI- graph (1) to Congress at least 90 calendar or other programs, policies, or practices that SORY COMMITTEES.—The United States Trade days before initiating negotiations for the distort world trade in such products and the Representative, in consultation with the agreement and comply with subparagraphs impact of such programs, policies, and prac- chairmen and the ranking members of the (B) and (C) of that paragraph with respect to tices on United States producers of the prod- Committee on Ways and Means of the House the agreement; and ucts; of Representatives and the Committee on Fi- (B) if another WTO member seeks to join (III) request that the International Trade nance of the Senate, respectively— the negotiations after notice is provided Commission prepare an assessment of the (A) shall, not later than 120 days after the under subparagraph (A) and the President probable economic effects of any such tariff date of the enactment of this Act, develop determines that the WTO member is willing reduction on the United States industry pro- written guidelines on enhanced coordination and able to meet the standard of the agree- ducing the product concerned and on the with advisory committees established pursu- ment and the participation of the WTO mem- United States economy as a whole; and ant to section 135 of the Trade Act of 1974 (19 ber would further the objectives of the (IV) upon complying with subclauses (I), U.S.C. 2155) regarding negotiations con- United States for the agreement, the Presi- (II), and (III), notify the Committee on Ways ducted under this title; and dent shall— and Means and the Committee on Agri- (B) may make such revisions to the guide- (i) provide advance written notice to Con- culture of the House of Representatives and lines as may be necessary from time to time. gress before the WTO member joins the nego- the Committee on Finance and the Com- (2) CONTENT.—The guidelines developed tiations with respect to whether the United mittee on Agriculture, Nutrition, and For- under paragraph (1) shall enhance coordina- States intends to support the entry of the estry of the Senate of those products identi- tion with advisory committees described in WTO member into the negotiations; and fied under subclause (I) for which the Trade that paragraph through procedures to en- (ii) consult with Congress as provided in Representative intends to seek tariff liberal- sure— subparagraphs (B) and (C) of paragraph (1). ization in the negotiations and the reasons (A) timely briefings of advisory commit- (3) NEGOTIATIONS REGARDING AGRI- for seeking such tariff liberalization. tees and regular opportunities for advisory CULTURE.— (ii) If, after negotiations described in committees to provide input throughout the (A) ASSESSMENT AND CONSULTATIONS FOL- clause (i) are commenced— negotiation process on matters relevant to LOWING ASSESSMENT.—Before initiating or (I) the United States Trade Representative the sectors or functional areas represented continuing negotiations the subject matter identifies any additional agricultural prod- by those committees; and of which is directly related to the subject uct described in clause (i)(I) for tariff reduc- (B) the sharing of detailed and timely in- matter under section 202(b)(3)(B) with any tions which were not the subject of a notifi- formation with each member of an advisory country, the President shall— cation under clause (i)(IV), or committee regarding negotiations and perti- (i) assess whether United States tariffs on (II) any additional agricultural product de- nent documents related to the negotiation agricultural products that were bound under scribed in clause (i)(I) is the subject of a re- (including classified information) on matters the Uruguay Round Agreements are lower quest for tariff reductions by a party to the relevant to the sectors or functional areas than the tariffs bound by that country; negotiations, the member represents, and with a designee (ii) consider whether the tariff levels the Trade Representative shall, as soon as with proper security clearances of each such bound and applied throughout the world with practicable, notify the committees referred member as appropriate. respect to imports from the United States to in clause (i)(IV) of those products and the (3) DISSEMINATION.—The United States are higher than United States tariffs and reasons for seeking such tariff reductions. Trade Representative shall disseminate the whether the negotiation provides an oppor- (4) NEGOTIATIONS REGARDING THE FISHING guidelines developed under paragraph (1) to tunity to address any such disparity; and INDUSTRY.—Before initiating, or continuing, all Federal agencies that could have jurisdic- (iii) consult with the Committee on Ways negotiations that directly relate to fish or tion over laws affected by trade negotia- and Means and the Committee on Agri- shellfish trade with any country, the Presi- tions. culture of the House of Representatives and dent shall consult with the Committee on

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.051 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4940 CONGRESSIONAL RECORD — SENATE July 24, 2014 Ways and Means and the Committee on Nat- through (vii) shall apply to that resolution tween the time the President makes the re- ural Resources of the House of Representa- if— quest under this paragraph and the time the tives, and the Committee on Finance and the (I) no other resolution with respect to that Commission submits the assessment, the Committee on Commerce, Science, and report has previously been reported in that President shall keep the Commission current Transportation of the Senate, and shall keep House of Congress by the Committee on with respect to the details of the agreement. the Committees apprised of the negotiations Ways and Means or the Committee on Fi- (2) ASSESSMENT.—Not later than 105 cal- on an ongoing and timely basis. nance, as the case may be, pursuant to those endar days after the President enters into a (5) NEGOTIATIONS REGARDING TEXTILES.—Be- procedures; and trade agreement under section 203(b), the fore initiating or continuing negotiations (II) no procedural disapproval resolution Commission shall submit to the President the subject matter of which is directly re- under section 206(b) introduced with respect and Congress a report assessing the likely lated to textiles and apparel products with to a trade agreement entered into pursuant impact of the agreement on the United any country, the President shall— to the negotiations to which the report States economy as a whole and on specific (A) assess whether United States tariffs on under subparagraph (A) relates has pre- industry sectors, including the impact the textile and apparel products that were bound viously been reported in that House of Con- agreement will have on the gross domestic under the Uruguay Round Agreements are gress by the Committee on Ways and Means product, exports and imports, aggregate em- lower than the tariffs bound by that country or the Committee on Finance, as the case ployment and employment opportunities, and whether the negotiation provides an op- may be. the production, employment, and competi- portunity to address any such disparity; and (ii) For purposes of this subparagraph, the tive position of industries likely to be sig- (B) consult with the Committee on Ways term ‘‘resolution’’ means only a resolution nificantly affected by the agreement, and and Means of the House of Representatives of either House of Congress, the matter after the interests of United States consumers. and the Committee on Finance of the Senate the resolving clause of which is as follows: (3) REVIEW OF EMPIRICAL LITERATURE.—In concerning the results of the assessment, ‘‘That the llll finds that the proposed preparing the assessment under paragraph whether it is appropriate for the United changes to United States trade remedy laws (2), the Commission shall review available States to agree to further tariff reductions contained in the report of the President economic assessments regarding the agree- based on the conclusions reached in the as- transmitted to Congress on llll under ment, including literature regarding any sessment, and how all applicable negotiating section 205(b)(3) of the Bipartisan Congres- substantially equivalent proposed agree- objectives will be met. sional Trade Priorities Act of 2014 with re- ment, and shall provide in its assessment a (6) ADHERENCE TO EXISTING INTERNATIONAL spect to llll, are inconsistent with the description of the analyses used and conclu- TRADE AND INVESTMENT AGREEMENT OBLIGA- negotiating objectives described in section sions drawn in such literature, and a discus- TIONS.—In determining whether to enter into 202(b)(16) of that Act.’’, with the first blank sion of areas of consensus and divergence be- negotiations with a particular country, the space being filled with the name of the re- tween the various analyses and conclusions, President shall take into account the extent solving House of Congress, the second blank including those of the Commission regarding to which that country has implemented, or space being filled with the appropriate date the agreement. has accelerated the implementation of, its of the report, and the third blank space (4) PUBLIC AVAILABILITY.—The President international trade and investment commit- being filled with the name of the country or shall make each assessment under paragraph ments to the United States, including pursu- countries involved. (2) available to the public. (iii) Resolutions in the House of Represent- (d) REPORTS SUBMITTED TO COMMITTEES ant to the WTO Agreement. atives— WITH AGREEMENT.— (b) CONSULTATION WITH CONGRESS BEFORE (I) may be introduced by any Member of (1) ENVIRONMENTAL REVIEWS AND RE- ENTRY INTO AGREEMENT.— the House; PORTS.—The President shall— (1) CONSULTATION.—Before entering into (II) shall be referred to the Committee on (A) conduct environmental reviews of fu- any trade agreement under section 203(b), Ways and Means and, in addition, to the ture trade and investment agreements, con- the President shall consult with— Committee on Rules; and sistent with Executive Order 13141 (64 Fed. (A) the Committee on Ways and Means of (III) may not be amended by either Com- Reg. 63169), dated November 16, 1999, and its the House of Representatives and the Com- mittee. relevant guidelines; and mittee on Finance of the Senate; (iv) Resolutions in the Senate— (B) submit a report on those reviews and (B) each other committee of the House and (I) may be introduced by any Member of on the content and operation of consultative the Senate, and each joint committee of the Senate; mechanisms established pursuant to section Congress, which has jurisdiction over legisla- (II) shall be referred to the Committee on 202(c) to the Committee on Ways and Means tion involving subject matters which would Finance; and of the House of Representatives and the be affected by the trade agreement; and (III) may not be amended. Committee on Finance of the Senate at the (C) the House Advisory Group on Negotia- (v) It is not in order for the House of Rep- time the President submits to Congress a tions and the Senate Advisory Group on Ne- resentatives to consider any resolution that copy of the final text of an agreement pursu- gotiations convened under section 204(c). is not reported by the Committee on Ways ant to section 206(a)(1)(C). (2) SCOPE.—The consultation described in and Means and, in addition, by the Com- (2) EMPLOYMENT IMPACT REVIEWS AND RE- paragraph (1) shall include consultation with mittee on Rules. PORTS.—The President shall— respect to— (vi) It is not in order for the Senate to con- (A) review the impact of future trade (A) the nature of the agreement; sider any resolution that is not reported by agreements on United States employment, (B) how and to what extent the agreement the Committee on Finance. including labor markets, modeled after Exec- will achieve the applicable purposes, poli- (vii) The provisions of subsections (d) and utive Order 13141 (64 Fed. Reg. 63169) to the cies, priorities, and objectives of this title; (e) of section 152 of the Trade Act of 1974 (19 extent appropriate in establishing proce- and U.S.C. 2192) (relating to floor consideration dures and criteria; and (C) the implementation of the agreement of certain resolutions in the House and Sen- (B) submit a report on such reviews to the under section 206, including the general ef- ate) shall apply to resolutions. Committee on Ways and Means of the House fect of the agreement on existing laws. (4) ADVISORY COMMITTEE REPORTS.—The re- of Representatives and the Committee on Fi- (3) REPORT REGARDING UNITED STATES port required under section 135(e)(1) of the nance of the Senate at the time the Presi- TRADE REMEDY LAWS.— Trade Act of 1974 (19 U.S.C. 2155(e)(1)) regard- dent submits to Congress a copy of the final (A) CHANGES IN CERTAIN TRADE LAWS.—The ing any trade agreement entered into under text of an agreement pursuant to section President, not less than 180 calendar days be- subsection (a) or (b) of section 203 shall be 206(a)(1)(C). fore the day on which the President enters provided to the President, Congress, and the (3) REPORT ON LABOR RIGHTS.—The Presi- into a trade agreement under section 203(b), United States Trade Representative not dent shall submit to the Committee on Ways shall report to the Committee on Ways and later than 30 days after the date on which and Means of the House of Representatives Means of the House of Representatives and the President notifies Congress under section and the Committee on Finance of the Sen- the Committee on Finance of the Senate— 203(a)(2) or 206(a)(1)(A) of the intention of the ate, on a timeframe determined in accord- (i) the range of proposals advanced in the President to enter into the agreement. ance with section 204(c)(3)(B)— negotiations with respect to that agreement, (c) INTERNATIONAL TRADE COMMISSION AS- (A) a meaningful labor rights report of the that may be in the final agreement, and that SESSMENT.— country, or countries, with respect to which could require amendments to title VII of the (1) SUBMISSION OF INFORMATION TO COMMIS- the President is negotiating; and Tariff Act of 1930 (19 U.S.C. 1671 et seq.) or to SION.—The President, not later than 90 cal- (B) a description of any provisions that chapter 1 of title II of the Trade Act of 1974 endar days before the day on which the would require changes to the labor laws and (19 U.S.C. 2251 et seq.); and President enters into a trade agreement labor practices of the United States. (ii) how these proposals relate to the objec- under section 203(b), shall provide the Inter- (4) PUBLIC AVAILABILITY.—The President tives described in section 202(b)(16). national Trade Commission (referred to in shall make all reports required under this (B) RESOLUTIONS.—(i) At any time after the this subsection as the ‘‘Commission’’) with subsection available to the public. transmission of the report under subpara- the details of the agreement as it exists at (e) IMPLEMENTATION AND ENFORCEMENT graph (A), if a resolution is introduced with that time and request the Commission to PLAN.— respect to that report in either House of Con- prepare and submit an assessment of the (1) IN GENERAL.—At the time the President gress, the procedures set forth in clauses (iii) agreement as described in paragraph (2). Be- submits to Congress a copy of the final text

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.051 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4941 of an agreement pursuant to section basis for such action and the application of (dd) how the implementing bill meets the 206(a)(1)(C), the President shall also submit any relevant legal obligations. standards set forth in section 203(b)(3). to Congress a plan for implementing and en- (B) As part of the report required pursuant (B) PUBLIC AVAILABILITY.—The President forcing the agreement. to section 163 of the Trade Act of 1974 (19 shall make the supporting information de- (2) ELEMENTS.—The implementation and U.S.C. 2213), the President shall report annu- scribed in subparagraph (A) available to the enforcement plan required by paragraph (1) ally to Congress on enforcement actions public. shall include the following: taken pursuant to a United States trade (3) RECIPROCAL BENEFITS.—In order to en- (A) BORDER PERSONNEL REQUIREMENTS.—A agreement, as well as on any public reports sure that a foreign country that is not a description of additional personnel required issued by Federal agencies on enforcement party to a trade agreement entered into at border entry points, including a list of ad- matters relating to a trade agreement. under section 203(b) does not receive benefits ditional customs and agricultural inspectors. (g) ADDITIONAL COORDINATION WITH MEM- under the agreement unless the country is (B) AGENCY STAFFING REQUIREMENTS.—A BERS.—Any Member of the House of Rep- also subject to the obligations under the description of additional personnel required resentatives may submit to the Committee agreement, the implementing bill submitted by Federal agencies responsible for moni- on Ways and Means of the House of Rep- with respect to the agreement shall provide toring and implementing the trade agree- resentatives and any Member of the Senate that the benefits and obligations under the ment, including personnel required by the may submit to the Committee on Finance of agreement apply only to the parties to the Office of the United States Trade Represent- the Senate the views of that Member on any agreement, if such application is consistent ative, the Department of Commerce, the De- matter relevant to a proposed trade agree- with the terms of the agreement. The imple- partment of Agriculture (including addi- ment, and the relevant Committee shall re- menting bill may also provide that the bene- tional personnel required to implement sani- ceive those views for consideration. fits and obligations under the agreement do tary and phytosanitary measures in order to SEC. 206. IMPLEMENTATION OF TRADE AGREE- not apply uniformly to all parties to the obtain market access for United States ex- MENTS. agreement, if such application is consistent ports), the Department of Homeland Secu- (a) IN GENERAL.— with the terms of the agreement. rity, the Department of the Treasury, and (1) NOTIFICATION AND SUBMISSION.—Any such other agencies as may be necessary. (4) DISCLOSURE OF COMMITMENTS.—Any agreement entered into under section 203(b) agreement or other understanding with a (C) CUSTOMS INFRASTRUCTURE REQUIRE- shall enter into force with respect to the MENTS.—A description of the additional foreign government or governments (whether equipment and facilities needed by U.S. Cus- United States if (and only if)— oral or in writing) that— toms and Border Protection. (A) the President, at least 90 calendar days (A) relates to a trade agreement with re- before the day on which the President enters (D) IMPACT ON STATE AND LOCAL GOVERN- spect to which Congress enacts an imple- into the trade agreement, notifies the House MENTS.—A description of the impact the menting bill under trade authorities proce- trade agreement will have on State and local of Representatives and the Senate of the dures; and governments as a result of increases in President’s intention to enter into the agree- (B) is not disclosed to Congress before an trade. ment, and promptly thereafter publishes no- implementing bill with respect to that (E) COST ANALYSIS.—An analysis of the tice of such intention in the Federal Reg- agreement is introduced in either House of costs associated with each of the items listed ister; Congress, in subparagraphs (A) through (D). (B) within 60 days after entering into the shall not be considered to be part of the (3) BUDGET SUBMISSION.—The President agreement, the President submits to Con- agreement approved by Congress and shall shall include a request for the resources nec- gress a description of those changes to exist- have no force and effect under United States essary to support the plan required by para- ing laws that the President considers would law or in any dispute settlement body. graph (1) in the first budget of the President be required in order to bring the United (b) LIMITATIONS ON TRADE AUTHORITIES submitted to Congress under section 1105(a) States into compliance with the agreement; PROCEDURES.— of title 31, United States Code, after the date (C) after entering into the agreement, the (1) FOR LACK OF NOTICE OR CONSULTA- of the submission of the plan. President submits to Congress, on a day on TIONS.— (4) PUBLIC AVAILABILITY.—The President which both Houses of Congress are in ses- shall make the plan required under this sub- sion, a copy of the final legal text of the (A) IN GENERAL.—The trade authorities section available to the public. agreement, together with— procedures shall not apply to any imple- (f) OTHER REPORTS.— (i) a draft of an implementing bill de- menting bill submitted with respect to a (1) REPORT ON PENALTIES.—Not later than scribed in section 203(b)(3); trade agreement or trade agreements entered one year after the imposition of a penalty or (ii) a statement of any administrative ac- into under section 203(b) if during the 60-day remedy by the United States permitted by a tion proposed to implement the trade agree- period beginning on the date that one House trade agreement to which this title applies, ment; and of Congress agrees to a procedural dis- the President shall submit to the Committee (iii) the supporting information described approval resolution for lack of notice or con- on Ways and Means of the House of Rep- in paragraph (2)(A); sultations with respect to such trade agree- resentatives and the Committee on Finance (D) the implementing bill is enacted into ment or agreements, the other House sepa- of the Senate a report on the effectiveness of law; and rately agrees to a procedural disapproval res- the penalty or remedy applied under United (E) the President, not later than 30 days olution with respect to such trade agreement States law in enforcing United States rights before the date on which the agreement en- or agreements. under the trade agreement, which shall ad- ters into force with respect to a party to the (B) PROCEDURAL DISAPPROVAL RESOLU- dress whether the penalty or remedy was ef- agreement, submits written notice to Con- TION.—(i) For purposes of this paragraph, the fective in changing the behavior of the tar- gress that the President has determined that term ‘‘procedural disapproval resolution’’ geted party and whether the penalty or rem- the party has taken measures necessary to means a resolution of either House of Con- edy had any adverse impact on parties or in- comply with those provisions of the agree- gress, the sole matter after the resolving terests not party to the dispute. ment that are to take effect on the date on clause of which is as follows: ‘‘That the (2) REPORT ON IMPACT OF TRADE PROMOTION which the agreement enters into force. President has failed or refused to notify or AUTHORITY.—Not later than one year after (2) SUPPORTING INFORMATION.— consult in accordance with the Bipartisan the date of the enactment of this Act, the (A) IN GENERAL.—The supporting informa- Congressional Trade Priorities Act of 2014 on United States International Trade Commis- tion required under paragraph (1)(C)(iii) con- negotiations with respect to llllllll sion shall submit to the Committee on Ways sists of— and, therefore, the trade authorities proce- and Means of the House of Representatives (i) an explanation as to how the imple- dures under that Act shall not apply to any and the Committee on Finance of the Senate menting bill and proposed administrative ac- implementing bill submitted with respect to a report on the economic impact on the tion will change or affect existing law; and such trade agreement or agreements.’’, with United States of all trade agreements with (ii) a statement— the blank space being filled with a descrip- respect to which Congress has enacted an im- (I) asserting that the agreement makes tion of the trade agreement or agreements plementing bill under trade authorities pro- progress in achieving the applicable pur- with respect to which the President is con- cedures since January 1, 1984. poses, policies, priorities, and objectives of sidered to have failed or refused to notify or (3) ENFORCEMENT CONSULTATIONS AND RE- this title; and consult. PORTS.—(A) The United States Trade Rep- (II) setting forth the reasons of the Presi- (ii) For purposes of clause (i), the President resentative shall consult with the Com- dent regarding— has ‘‘failed or refused to notify or consult in mittee on Ways and Means of the House of (aa) how and to what extent the agreement accordance with the Bipartisan Congres- Representatives and the Committee on Fi- makes progress in achieving the applicable sional Trade Priorities Act of 2014’’ on nego- nance of the Senate after acceptance of a pe- purposes, policies, and objectives referred to tiations with respect to a trade agreement or tition for review or taking an enforcement in subclause (I); trade agreements if— action in regard to an obligation under a (bb) whether and how the agreement (I) the President has failed or refused to trade agreement, including a labor or envi- changes provisions of an agreement pre- consult (as the case may be) in accordance ronmental obligation. During such consulta- viously negotiated; with sections 204 and 205 and this section tions, the United States Trade Representa- (cc) how the agreement serves the interests with respect to the negotiations, agreement, tive shall describe the matter, including the of United States commerce; and or agreements;

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.051 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4942 CONGRESSIONAL RECORD — SENATE July 24, 2014 (II) guidelines under section 204 have not (2) with the full recognition of the con- (1) the United States Trade Representative been developed or met with respect to the stitutional right of either House to change should facilitate participation by small busi- negotiations, agreement, or agreements; the rules (so far as relating to the procedures nesses in the trade negotiation process; and (III) the President has not met with the of that House) at any time, in the same man- (2) the functions of the Office of the United House Advisory Group on Negotiations or ner, and to the same extent as any other rule States Trade Representative relating to the Senate Advisory Group on Negotiations of that House. small businesses should continue to be re- pursuant to a request made under section SEC. 207. TREATMENT OF CERTAIN TRADE flected in the title of the Assistant United 204(c)(4) with respect to the negotiations, AGREEMENTS FOR WHICH NEGOTIA- States Trade Representative assigned the re- agreement, or agreements; or TIONS HAVE ALREADY BEGUN. sponsibility for small businesses. (IV) the agreement or agreements fail to (a) CERTAIN AGREEMENTS.—Notwith- (b) CONSIDERATION OF SMALL BUSINESS IN- make progress in achieving the purposes, standing the prenegotiation notification and TERESTS.—The Assistant United States policies, priorities, and objectives of this consultation requirement described in sec- Trade Representative for Small Business, title. tion 205(a), if an agreement to which section Market Access, and Industrial Competitive- (2) PROCEDURES FOR CONSIDERING RESOLU- 203(b) applies— ness shall be responsible for ensuring that TIONS.—(A) Procedural disapproval resolu- (1) is entered into under the auspices of the the interests of small businesses are consid- tions— World Trade Organization, ered in all trade negotiations in accordance (i) in the House of Representatives— (2) is entered into with the Trans-Pacific with the objective described in section (I) may be introduced by any Member of Partnership countries with respect to which 202(a)(8). the House; notifications have been made in a manner SEC. 210. CONFORMING AMENDMENTS; APPLICA- (II) shall be referred to the Committee on consistent with section 205(a)(1) as of the TION OF CERTAIN PROVISIONS. Ways and Means and, in addition, to the date of the enactment of this Act, (a) CONFORMING AMENDMENTS.— Committee on Rules; and (3) is entered into with the European (1) ADVICE FROM UNITED STATES INTER- (III) may not be amended by either Com- Union, or NATIONAL TRADE COMMISSION.—Section 131 of mittee; and (4) is an agreement with respect to inter- the Trade Act of 1974 (19 U.S.C. 2151) is (ii) in the Senate— national trade in services entered into with amended— (I) may be introduced by any Member of WTO members with respect to which notifi- (A) in subsection (a)— the Senate; cations have been made in a manner con- (i) in paragraph (1), by striking ‘‘section (II) shall be referred to the Committee on sistent with section 205(a)(2) as of the date of 2103(a) or (b) of the Bipartisan Trade Pro- Finance; and the enactment of this Act, motion Authority Act of 2002’’ and inserting (III) may not be amended. and results from negotiations that were com- ‘‘subsection (a) or (b) of section 203 of the Bi- (B) The provisions of subsections (d) and menced before the date of the enactment of partisan Congressional Trade Priorities Act (e) of section 152 of the Trade Act of 1974 (19 this Act, subsection (b) shall apply. of 2014’’; and U.S.C. 2192) (relating to the floor consider- (b) TREATMENT OF AGREEMENTS.—In the (ii) in paragraph (2), by striking ‘‘section case of any agreement to which subsection ation of certain resolutions in the House and 2103(b) of the Bipartisan Trade Promotion (a) applies— Senate) apply to a procedural disapproval Authority Act of 2002’’ and inserting ‘‘sec- (1) the applicability of the trade authori- resolution introduced with respect to a trade tion 203(b) of the Bipartisan Congressional ties procedures to implementing bills shall agreement if no other procedural disapproval Trade Priorities Act of 2014’’; be determined without regard to the require- resolution with respect to that trade agree- (B) in subsection (b), by striking ‘‘section ments of section 205(a) (relating only to no- ment has previously been reported in that 2103(a)(3)(A) of the Bipartisan Trade Pro- tice prior to initiating negotiations), and House of Congress by the Committee on motion Authority Act of 2002’’ and inserting any procedural disapproval resolution under Ways and Means or the Committee on Fi- ‘‘section 203(a)(4)(A) of the Bipartisan Con- section 206(b)(1)(B) shall not be in order on nance, as the case may be, and if no resolu- gressional Trade Priorities Act of 2014’’; and the basis of a failure or refusal to comply tion described in clause (ii) of section (C) in subsection (c), by striking ‘‘section with the provisions of section 205(a); pro- 205(b)(3)(B) with respect to that trade agree- 2103 of the Bipartisan Trade Promotion Au- vided that ment has been reported in that House of Con- thority Act of 2002’’ and inserting ‘‘section (2) the President as soon as feasible after gress by the Committee on Ways and Means 203(a) of the Bipartisan Congressional Trade the date of the enactment of this Act— or the Committee on Finance, as the case Priorities Act of 2014’’. (A) notifies the Congress of the negotia- may be, pursuant to the procedures set forth (2) HEARINGS.—Section 132 of the Trade Act tions described in subsection (a), the specific in clauses (iii) through (vii) of such section. of 1974 (19 U.S.C. 2152) is amended by striking United States objectives in the negotiations, (C) It is not in order for the House of Rep- ‘‘section 2103 of the Bipartisan Trade Pro- and whether the President is seeking a new resentatives to consider any procedural dis- motion Authority Act of 2002’’ and inserting agreement or changes to an existing agree- approval resolution not reported by the Com- ‘‘section 203 of the Bipartisan Congressional ment; and mittee on Ways and Means and, in addition, Trade Priorities Act of 2014’’. (B) before and after submission of the no- by the Committee on Rules. (3) PUBLIC HEARINGS.—Section 133(a) of the tice, consults regarding the negotiations (D) It is not in order for the Senate to con- Trade Act of 1974 (19 U.S.C. 2153(a)) is amend- with the committees referred to in section sider any procedural disapproval resolution ed by striking ‘‘section 2103 of the Bipartisan 205(a)(1)(B) and the House and Senate Advi- not reported by the Committee on Finance. Trade Promotion Authority Act of 2002’’ and sory Groups on Negotiations convened under (3) FOR FAILURE TO MEET OTHER REQUIRE- inserting ‘‘section 203 of the Bipartisan Con- section 204(c). MENTS.—Not later than December 15, 2014, gressional Trade Priorities Act of 2014’’. the Secretary of Commerce, in consultation SEC. 208. SOVEREIGNTY. (4) PREREQUISITES FOR OFFERS.—Section 134 with the Secretary of State, the Secretary of (a) UNITED STATES LAW TO PREVAIL IN of the Trade Act of 1974 (19 U.S.C. 2154) is EVENT OF CONFLICT.—No provision of any the Treasury, the Attorney General, and the amended by striking ‘‘section 2103 of the Bi- trade agreement entered into under section United States Trade Representative, shall partisan Trade Promotion Authority Act of 203(b), nor the application of any such provi- transmit to Congress a report setting forth 2002’’ each place it appears and inserting sion to any person or circumstance, that is the strategy of the executive branch to ad- ‘‘section 203 of the Bipartisan Congressional inconsistent with any law of the United Trade Priorities Act of 2014’’. dress concerns of Congress regarding wheth- States, any State of the United States, or (5) INFORMATION AND ADVICE FROM PRIVATE er dispute settlement panels and the Appel- any locality of the United States shall have AND PUBLIC SECTORS.—Section 135 of the late Body of the World Trade Organization effect. Trade Act of 1974 (19 U.S.C. 2155) is amend- have added to obligations, or diminished (b) AMENDMENTS OR MODIFICATIONS OF ed— rights, of the United States, as described in UNITED STATES LAW.—No provision of any section 202(b)(15)(C). Trade authorities proce- trade agreement entered into under section (A) in subsection (a)(1)(A), by striking dures shall not apply to any implementing 203(b) shall prevent the United States, any ‘‘section 2103 of the Bipartisan Trade Pro- bill with respect to an agreement negotiated State of the United States, or any locality of motion Authority Act of 2002’’ and inserting under the auspices of the World Trade Orga- the United States from amending or modi- ‘‘section 203 of the Bipartisan Congressional nization unless the Secretary of Commerce fying any law of the United States, that Trade Priorities Act of 2014’’; and has issued such report by the deadline speci- State, or that locality (as the case may be). (B) in subsection (e)— fied in this paragraph. (c) DISPUTE SETTLEMENT REPORTS.—Re- (i) in paragraph (1)— (c) RULES OF HOUSE OF REPRESENTATIVES ports, including findings and recommenda- (I) by striking ‘‘section 2103 of the Bipar- AND SENATE.—Subsection (b) of this section, tions, issued by dispute settlement panels tisan Trade Promotion Authority Act of section 203(c), and section 205(b)(3) are en- convened pursuant to any trade agreement 2002’’ each place it appears and inserting acted by Congress— entered into under section 203(b) shall have ‘‘section 203 of the Bipartisan Congressional (1) as an exercise of the rulemaking power no binding effect on the law of the United Trade Priorities Act of 2014’’; and of the House of Representatives and the Sen- States, the Government of the United (II) by striking ‘‘not later than the date on ate, respectively, and as such are deemed a States, or the law or government of any which the President notifies the Congress part of the rules of each House, respectively, State or locality of the United States. under section 2105(a)(1)(A) of the Bipartisan and such procedures supersede other rules SEC. 209. INTERESTS OF SMALL BUSINESSES. Trade Promotion Authority Act of 2002’’ and only to the extent that they are inconsistent (a) SENSE OF CONGRESS.—It is the sense of inserting ‘‘not later than the date that is 30 with such other rules; and Congress that— days after the date on which the President

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.051 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4943 notifies Congress under section 206(a)(1)(A) (i) The Convention on International Trade was the subject of tariff reductions by the of the Bipartisan Congressional Trade Prior- in Endangered Species of Wild Fauna and United States and, pursuant to such Agree- ities Act of 2014’’; and Flora, done at Washington March 3, 1973 (27 ments, was reduced on January 1, 1995, to a (ii) in paragraph (2), by striking ‘‘section UST 1087; TIAS 8249). rate that was not less than 97.5 percent of 2102 of the Bipartisan Trade Promotion Au- (ii) The Montreal Protocol on Substances the rate of duty that applied to such article thority Act of 2002’’ and inserting ‘‘section that Deplete the Ozone Layer, done at Mon- on December 31, 1994; or 202 of the Bipartisan Congressional Trade treal September 16, 1987. (B) which was subject to a tariff rate quota Priorities Act of 2014’’. (iii) The Protocol of 1978 Relating to the on the date of the enactment of this Act. (6) PROCEDURES RELATING TO IMPLEMENTING International Convention for the Prevention (16) INFORMATION TECHNOLOGY AGREE- BILLS.—Section 151 of the Trade Act of 1974 of Pollution from Ships, 1973, done at London MENT.—The term ‘‘Information Technology (19 U.S.C. 2191) is amended— February 17, 1978. Agreement’’ means the Ministerial Declara- (A) in subsection (b)(1), in the matter pre- (iv) The Convention on Wetlands of Inter- tion on Trade in Information Technology ceding subparagraph (A), by striking ‘‘sec- national Importance Especially as Waterfowl Products of the World Trade Organization, tion 2105(a)(1) of the Bipartisan Trade Pro- Habitat, done at Ramsar February 2, 1971 agreed to at Singapore December 13, 1996. motion Authority Act of 2002’’ and inserting (TIAS 11084). (17) INTERNATIONALLY RECOGNIZED CORE ‘‘section 206(a)(1) of the Bipartisan Congres- (v) The Convention on the Conservation of LABOR STANDARDS.—The term ‘‘internation- sional Trade Priorities Act of 2014’’; and Antarctic Marine Living Resources, done at ally recognized core labor standards’’ means (B) in subsection (c)(1), by striking ‘‘sec- Canberra May 20, 1980 (33 UST 3476). the core labor standards only as stated in tion 2105(a)(1) of the Bipartisan Trade Pro- (vi) The International Convention for the the ILO Declaration on Fundamental Prin- motion Authority Act of 2002’’ and inserting Regulation of Whaling, done at Washington ciples and Rights at Work and its Follow-Up ‘‘section 206(a)(1) of the Bipartisan Congres- December 2, 1946 (62 Stat. 1716). (1998). sional Trade Priorities Act of 2014’’. (vii) The Convention for the Establishment (18) LABOR LAWS.—The term ‘‘labor laws’’ (7) TRANSMISSION OF AGREEMENTS TO CON- of an Inter-American Tropical Tuna Com- means the statutes and regulations, or provi- GRESS.—Section 162(a) of the Trade Act of mission, done at Washington May 31, 1949 (1 sions thereof, of a party to the negotiations 1974 (19 U.S.C. 2212(a)) is amended by striking UST 230). that are directly related to core labor stand- ‘‘section 2103 of the Bipartisan Trade Pro- (C) ADDITIONAL AGREEMENTS.—Both the ards as well as other labor protections for motion Authority Act of 2002’’ and inserting United States and one or more other parties children and minors and acceptable condi- ‘‘section 203 of the Bipartisan Congressional to the negotiations may agree to include any tions of work with respect to minimum Trade Priorities Act of 2014’’. other multilateral environmental or con- wages, hours of work, and occupational safe- (b) APPLICATION OF CERTAIN PROVISIONS.— servation agreement to which they are full ty and health, and for the United States, in- For purposes of applying sections 125, 126, parties as a common multilateral environ- cludes Federal statutes and regulations ad- and 127 of the Trade Act of 1974 (19 U.S.C. mental agreement under this paragraph. dressing those standards, protections, or 2135, 2136, and 2137)— (7) CORE LABOR STANDARDS.—The term conditions but does not include State or (1) any trade agreement entered into under ‘‘core labor standards’’ means— local labor laws. section 203 shall be treated as an agreement (A) freedom of association; (19) UNITED STATES PERSON.—The term (B) the effective recognition of the right to ‘‘United States person’’ means— entered into under section 101 or 102 of the collective bargaining; (A) a United States citizen; Trade Act of 1974 (19 U.S.C. 2111 or 2112), as (C) the elimination of all forms of forced or (B) a partnership, corporation, or other appropriate; and compulsory labor; legal entity that is organized under the laws (2) any proclamation or Executive order (D) the effective abolition of child labor of the United States; and issued pursuant to a trade agreement en- and a prohibition on the worst forms of child (C) a partnership, corporation, or other tered into under section 203 shall be treated labor; and legal entity that is organized under the laws as a proclamation or Executive order issued (E) the elimination of discrimination in re- of a foreign country and is controlled by en- pursuant to a trade agreement entered into spect of employment and occupation. tities described in subparagraph (B) or under section 102 of the Trade Act of 1974 (19 (8) DISPUTE SETTLEMENT UNDERSTANDING.— United States citizens, or both. U.S.C. 2112). The term ‘‘Dispute Settlement Under- (20) URUGUAY ROUND AGREEMENTS.—The SEC. 211. DEFINITIONS. standing’’ means the Understanding on Rules term ‘‘Uruguay Round Agreements’’ has the In this title: and Procedures Governing the Settlement of meaning given that term in section 2(7) of (1) AGREEMENT ON AGRICULTURE.—The term Disputes referred to in section 101(d)(16) of the Uruguay Round Agreements Act (19 ‘‘Agreement on Agriculture’’ means the the Uruguay Round Agreements Act (19 U.S.C. 3501(7)). agreement referred to in section 101(d)(2) of U.S.C. 3511(d)(16)). (21) WORLD TRADE ORGANIZATION; WTO.—The the Uruguay Round Agreements Act (19 (9) ENABLING CLAUSE.—The term ‘‘Enabling terms ‘‘World Trade Organization’’ and U.S.C. 3511(d)(2)). Clause’’ means the Decision on Differential ‘‘WTO’’ mean the organization established (2) AGREEMENT ON SAFEGUARDS.—The term and More Favourable Treatment, Reci- pursuant to the WTO Agreement. ‘‘Agreement on Safeguards’’ means the procity and Fuller Participation of Devel- (22) WTO AGREEMENT.—The term ‘‘WTO agreement referred to in section 101(d)(13) of oping Countries (L/4903), adopted November Agreement’’ means the Agreement Estab- the Uruguay Round Agreements Act (19 28, 1979, under GATT 1947 (as defined in sec- lishing the World Trade Organization en- U.S.C. 3511(d)(13)). tion 2 of the Uruguay Round Agreements Act tered into on April 15, 1994. (3) AGREEMENT ON SUBSIDIES AND COUNTER- (19 U.S.C. 3501)). (23) WTO MEMBER.—The term ‘‘WTO mem- VAILING MEASURES.—The term ‘‘Agreement (10) ENVIRONMENTAL LAWS.—The term ‘‘en- ber’’ has the meaning given that term in sec- on Subsidies and Countervailing Measures’’ vironmental laws’’, with respect to the laws tion 2(10) of the Uruguay Round Agreements means the agreement referred to in section of the United States, means environmental Act (19 U.S.C. 3501(10)). 101(d)(12) of the Uruguay Round Agreements statutes and regulations enforceable by ac- Act (19 U.S.C. 3511(d)(12)). tion of the Federal Government. SA 3665. Mr. INHOFE submitted an (4) ANTIDUMPING AGREEMENT.—The term (11) GATT 1994.—The term ‘‘GATT 1994’’ has amendment intended to be proposed by ‘‘Antidumping Agreement’’ means the Agree- the meaning given that term in section 2 of him to the bill S. 2569, to provide an in- ment on Implementation of Article VI of the the Uruguay Round Agreements Act (19 centive for businesses to bring jobs General Agreement on Tariffs and Trade 1994 U.S.C. 3501). back to America; which was ordered to referred to in section 101(d)(7) of the Uruguay (12) GENERAL AGREEMENT ON TRADE IN SERV- Round Agreements Act (19 U.S.C. 3511(d)(7)). ICES.—The term ‘‘General Agreement on lie on the table; as follows: (5) APPELLATE BODY.—The term ‘‘Appellate Trade in Services’’ means the General Agree- At the end, add the following: Body’’ means the Appellate Body established ment on Trade in Services (referred to in TITLE II—MISCELLANEOUS under Article 17.1 of the Dispute Settlement section 101(d)(14) of the Uruguay Round SEC. 201. COMMERCIAL DRIVERS LICENSE Understanding. Agreements Act (19 U.S.C. 3511(d)(14))). SKILLS TESTING REPORT. (6) COMMON MULTILATERAL ENVIRONMENTAL (13) GOVERNMENT PROCUREMENT AGREE- (a) STUDY.— AGREEMENT.— MENT.—The term ‘‘Government Procurement (1) IN GENERAL.—The Comptroller General (A) IN GENERAL.—The term ‘‘common mul- Agreement’’ means the Agreement on Gov- of the United States shall conduct a study to tilateral environmental agreement’’ means ernment Procurement referred to in section determine— any agreement specified in subparagraph (B) 101(d)(17) of the Uruguay Round Agreements (A) the Commercial Drivers License (re- or included under subparagraph (C) to which Act (19 U.S.C. 3511(d)(17)). ferred to in this section as ‘‘CDL’’) skills both the United States and one or more (14) ILO.—The term ‘‘ILO’’ means the testing procedures used by each State; other parties to the negotiations are full par- International Labor Organization. (B) whether States using the procedures ties, including any current or future mutu- (15) IMPORT SENSITIVE AGRICULTURAL PROD- described in paragraph (2)(A) have reduced ally agreed upon protocols, amendments, an- UCT.—The term ‘‘import sensitive agricul- testing wait times, on average, compared to nexes, or adjustments to such an agreement. tural product’’ means an agricultural prod- the procedures described in subparagraphs (B) AGREEMENTS SPECIFIED.—The agree- uct— (B) and (C) of paragraph (2); ments specified in this subparagraph are the (A) with respect to which, as a result of the (C) for each of the 3 CDL skills testing pro- following: Uruguay Round Agreements the rate of duty cedures described in paragraph (2)—

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.051 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4944 CONGRESSIONAL RECORD — SENATE July 24, 2014 (i) the average time between a CDL appli- SEC. 203. STATE CONTROL OF ENERGY DEVELOP- United States for more than 60 years in more cant’s request for a CDL skills test and such MENT AND PRODUCTION ON ALL than 1,000,000 wells; test in States using such procedure; AVAILABLE FEDERAL LAND. (2) the Ground Water Protection Council, a (ii) the failure rate of CDL applicants in (a) DEFINITIONS.—In this section: national association of State water regu- States using such procedure; and (1) AVAILABLE FEDERAL LAND.—The term lators that is considered to be a leading (iii) the average time between a CDL appli- ‘‘available Federal land’’ means any Federal groundwater protection organization in the cant’s request to retake a CDL skills test land that, as of May 31, 2013— United States, released a report entitled and such test; and (A) is located within the boundaries of a ‘‘State Oil and Natural Gas Regulations De- (D) the total economic impact of CDL State; signed to Protect Water Resources’’ and skills testing delays. (B) is not held by the United States in dated May 2009 finding that the ‘‘current (2) SKILLS TESTING PROCEDURES.—The pro- trust for the benefit of a federally recognized State regulation of oil and gas activities is cedures described in this paragraph are— Indian tribe; environmentally proactive and preventive’’; (A) third party testing, using nongovern- (C) is not a unit of the National Park Sys- (3) that report also concluded that ‘‘[a]ll mental contractors to proctor CDL skills tem; oil and gas producing States have regula- tests on behalf of the State; (D) is not a unit of the National Wildlife tions which are designed to provide protec- (B) modified third party testing, admin- Refuge System; and tion for water resources’’; istering CDL skills tests at State testing fa- (E) is not a Congressionally designated wil- (4) a 2004 study by the Environmental Pro- cilities, community colleges, or a limited derness area. tection Agency, entitled ‘‘Evaluation of Im- number of third parties; and (2) SECRETARY.—The term ‘‘Secretary’’ pacts to Underground Sources of Drinking (C) State testing, administering CDL skills means the Secretary of the Interior. Water by Hydraulic Fracturing of Coalbed tests only at State-owned facilities. (3) STATE.—The term ‘‘State’’ means— Methane Reservoirs’’, found no evidence of (A) a State; and (b) REPORT.—Not later than 180 days after drinking water wells contaminated by frac- the date of enactment of this Act, the Comp- (B) the District of Columbia. ture fluid from the fracked formation; (b) STATE PROGRAMS.— troller General shall submit a report to Con- (5) a 2009 report by the Ground Water Pro- (1) IN GENERAL.—A State— gress that contains the results of the study tection Council, entitled ‘‘State Oil and Nat- (A) may establish a program covering the conducted pursuant to subsection (a). ural Gas Regulations Designed to Protect leasing and permitting processes, regulatory Water Resources’’, found a ‘‘lack of evi- SEC. 202. WAIVER OF NONCONFLICTING REGULA- requirements, and any other provisions by dence’’ that hydraulic fracturing conducted TIONS FOR INFRASTRUCTURE which the State would exercise its rights to PROJECTS. in both deep and shallow formations presents develop all forms of energy resources on a risk of endangerment to ground water; (a) DEFINITIONS.—In this section: available Federal land in the State; and (6) a January 2009 resolution by the Inter- (1) INFRASTRUCTURE PROJECT.— (B) as a condition of certification under state Oil and Gas Compact Commission stat- (A) IN GENERAL.—The term ‘‘infrastructure subsection (c)(2) shall submit a declaration ed ‘‘The states, who regulate production, project’’ means any physical systems project to the Departments of the Interior, Agri- have comprehensive laws and regulations to carried out in the United States, such as a culture, and Energy that a program under ensure operations are safe and to protect project relating to transportation, commu- subparagraph (A) has been established or drinking water. States have found no nications, sewage, or water. amended. (B) INCLUSION.—The term ‘‘infrastructure verified cases of groundwater contamination (2) AMENDMENT OF PROGRAMS.—A State associated with hydraulic fracturing.’’; project’’ includes a project for energy infra- may amend a program developed and cer- (7) on May 24, 2011, before the Oversight structure. tified under this section at any time. (2) NONCONFLICTING REGULATION.—The term and Government Reform Committee of the (3) CERTIFICATION OF AMENDED PROGRAMS.— House of Representatives, Lisa Jackson, the ‘‘nonconflicting regulation’’ means a Federal Any program amended under paragraph (2) Administrator of the Environmental Protec- regulation applicable to an infrastructure shall be certified under subsection (c)(2). tion Agency, testified that she was ‘‘not project, the waiver of which would not con- (c) LEASING, PERMITTING, AND REGULATORY aware of any proven case where the fracking flict with any provision of Federal or State PROGRAMS.— process itself has affected water’’; law, as determined by the Secretary con- (1) SATISFACTION OF FEDERAL REQUIRE- (8) in 2011, Bureau of Land Management Di- cerned. MENTS.—Each program certified under this rector Bob Abbey stated, ‘‘We have not seen (3) SECRETARY CONCERNED.— section shall be considered to satisfy all ap- evidence of any adverse effect as a result of (A) IN GENERAL.—The term ‘‘Secretary con- plicable requirements of Federal law (includ- the use of the chemicals that are part of that cerned’’ means the head of a Federal depart- ing regulations), including— fracking technology.’’; ment or agency with jurisdiction over a non- (A) the National Environmental Policy Act (9)(A) activities relating to hydraulic frac- conflicting regulation. of 1969 (42 U.S.C. 4321 et seq.); turing (such as surface discharges, waste- (B) INCLUSIONS.—The term ‘‘Secretary con- (B) the Endangered Species Act of 1973 (16 water disposal, and air emissions) are al- cerned’’ includes— U.S.C. 1531 et seq.); and ready regulated at the Federal level under a (i) the Administrator of the Environmental (C) the National Historic Preservation Act variety of environmental statutes, including Protection Agency, with respect to noncon- (16 U.S.C. 470 et seq.). portions of— flicting regulations of the Environmental (2) FEDERAL CERTIFICATION AND TRANSFER (i) the Federal Water Pollution Control Protection Agency; and OF DEVELOPMENT RIGHTS.—Upon submission Act (33 U.S.C. 1251 et seq.); (ii) the Secretary of the Army, acting of a declaration by a State under subsection (ii) the Safe Drinking Water Act (42 U.S.C. through the Chief of Engineers, with respect (b)(1)(B)(i)— 300f et seq.); and to nonconflicting regulations of the Corps of (A) the program under subsection (b)(1)(A) (iii) the Clean Air Act (42 U.S.C. 7401 et Engineers. shall be certified; and seq.); but (b) ACTION BY SECRETARY CONCERNED.— (B) the State shall receive all rights from (B) Congress has continually elected not to (1) IN GENERAL.—Subject to paragraph (3), the Federal Government to develop all forms include the hydraulic fracturing process in on receipt of a request of the Governor of a of energy resources covered by the program. the underground injection control program State in which an infrastructure project is (3) ISSUANCE OF PERMITS AND LEASES.—If a under the Safe Drinking Water Act (42 U.S.C. conducted, the Secretary concerned shall State elects to issue a permit or lease for the 300f et seq.); waive any nonconflicting regulation applica- development of any form of energy resource (10) in 2011, the Secretary of the Interior ble to the infrastructure project that, as de- on any available Federal land within the bor- announced the intention to promulgate new termined by the Secretary concerned, in con- ders of the State in accordance with a pro- Federal regulations governing hydraulic sultation with the Governor, impedes or gram certified under paragraph (2), the per- fracturing on Federal land; and could impede the progress of the infrastruc- mit or lease shall be considered to meet all (11) a February 2012 study by the Energy ture project. applicable requirements of Federal law (in- Institute at the University of Texas at Aus- (2) DEADLINE FOR WAIVER.—The Secretary cluding regulations). tin, entitled ‘‘Fact-Based Regulation for En- concerned shall waive a nonconflicting regu- (d) JUDICIAL REVIEW.—Activities carried lation by not later than 90 days after the out in accordance with this section shall not vironmental Protection in Shale Gas Devel- date of receipt of a request under paragraph be subject to judicial review. opment’’, found that ‘‘[n]o evidence of (1). (e) ADMINISTRATIVE PROCEDURE ACT.—Ac- chemicals from hydraulic fracturing fluid (3) EXCEPTION.—The Secretary concerned tivities carried out in accordance with this has been found in aquifers as a result of frac- shall provide a waiver under this subsection sectuib shall not be subject to subchapter II turing operations’’. with respect to a nonconflicting regulation of chapter 5, and chapter 7, of title 5, United (b) DEFINITION OF FEDERAL LAND.—In this unless the Secretary concerned provides to States Code (commonly known as the ‘‘Ad- section, the term ‘‘Federal land’’ means— the applicable Governor, by not later than ministrative Procedure Act’’). (1) public lands (as defined in section 103 of the date described in paragraph (2), a written SEC. 204. FRACTURING REGULATIONS ARE EF- the Federal Land Policy and Management notice that the nonconflicting regulation is FECTIVE IN STATE HANDS. Act of 1976 (43 U.S.C. 1702)); necessary due to a specific, direct, and quan- (a) FINDINGS.—Congress finds that— (2) National Forest System land; tifiable concern for safety or the environ- (1) hydraulic fracturing is a commercially (3) land under the jurisdiction of the Bu- ment. viable practice that has been used in the reau of Reclamation; and

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.052 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4945 (4) land under the jurisdiction of the Corps calculating fuel economy under paragraph ‘‘activity is—’’ and all that follows through of Engineers. (2).’’. ‘‘(2) commenced’’ and inserting ‘‘activity is (c) STATE AUTHORITY.— (4) ELECTRIC DUAL FUELED AUTOMOBILES.— commenced’’. (1) IN GENERAL.—A State shall have the Section 32905 of title 49, United States Code, SEC. 207. CATEGORICAL EXCLUSIONS FOR sole authority to promulgate or enforce any is amended— PROJECTS WITHIN RIGHT-OF-WAY. regulation, guidance, or permit requirement (A) by redesignating subsections (e) and (f) Section 1316 of the Moving Ahead for regarding the treatment of a well by the ap- as subsections (f) and (g), respectively; and Progress in the 21st Century Act (23 U.S.C. plication of fluids under pressure to which (B) by inserting after subsection (d) the 109 note; 126 Stat. 549) is amended— propping agents may be added for the ex- following: (1) in the heading of subsection (b), by pressly designed purpose of initiating or ‘‘(e) ELECTRIC DUAL FUELED AUTO- striking ‘‘AN OPERATIONAL’’; and propagating fractures in a target geologic MOBILES.— (2) in subsection (a)(1) and subsection (b), formation in order to enhance production of ‘‘(1) IN GENERAL.—At the request of the by striking ‘‘operational’’ each place it ap- oil, natural gas, or geothermal production manufacturer, the Administrator may meas- pears. ure the fuel economy for any model of dual activities on or under any land within the SEC. 208. LIMITATIONS ON CERTAIN FEDERAL AS- boundaries of the State. fueled automobile manufactured after model SISTANCE. (2) FEDERAL LAND.—The treatment of a year 2015 that is capable of operating on elec- Section 176 of the Clean Air Act (42 U.S.C. well by the application of fluids under pres- tricity in addition to gasoline or diesel fuel, 7506) is amended— sure to which propping agents may be added obtains its electricity from a source external (1) by striking ‘‘(c)(1) No’’ and all that fol- for the expressly designed purpose of initi- to the vehicle, and meets the minimum driv- lows through ‘‘(d) Each’’ and inserting the ating or propagating fractures in a target ing range requirements established by the following: geologic formation in order to enhance pro- Secretary for dual fueled electric auto- ‘‘(a) IN GENERAL.—Each’’; duction of oil, natural gas, or geothermal mobiles, by dividing 1.0 by the sum of— (2) in the first sentence, by striking ‘‘pre- production activities on Federal land shall ‘‘(A) the percentage utilization of the pared under this section’’; and be subject to the law of the State in which model on gasoline or diesel fuel, as deter- (3) by striking the second sentence and in- the land is located. mined by a formula based on the model’s al- serting the following: ternative fuel range, divided by the fuel ‘‘(b) APPLICABILITY.—This section applies SEC. 205. ALTERNATIVE FUEL VEHICLE DEVEL- economy measured under section 32904(c); OPMENT. to— and (a) ALTERNATIVE FUEL VEHICLES.— ‘‘(1) title 23, United States Code; ‘‘(B) the percentage utilization of the (1) MAXIMUM FUEL ECONOMY INCREASE FOR ‘‘(2) chapter 53 of title 49, United States model on electricity, as determined by a for- ALTERNATIVE FUEL AUTOMOBILES.—Section Code; and mula based on the model’s alternative fuel 32906(a) of title 49, United States Code, is ‘‘(3) the Housing and Urban Development range, divided by the fuel economy measured amended by striking ‘‘(except an electric Act of 1968 (12 U.S.C. 1701t et seq.).’’. under section 32904(a)(2). automobile)’’ and inserting ‘‘(except an elec- SEC. 209. TERMINATION OF EFFECTIVENESS. ‘‘(2) ALTERNATIVE UTILIZATION.—The Ad- tric automobile or, beginning with model (a) IN GENERAL.—The amendments made by ministrator may adapt the utility factor es- year 2016, an alternative fueled automobile this title shall terminate on the day that is tablished under paragraph (1) for alternative that does not use a fuel described in subpara- 30 days after the date of enactment of this fueled automobiles that do not use a fuel de- graph (A), (B), (C), or (D) of section Act if the Secretary of Labor, acting through scribed in subparagraph (A), (B), (C), or (D) 32901(a)(1))’’. the Bureau of Labor Statistics, in coordina- of section 32901(a)(1). (2) MINIMUM DRIVING RANGES FOR DUAL tion with the heads of other Federal agen- ‘‘(3) ALTERNATIVE CALCULATION.—If the FUELED PASSENGER AUTOMOBILES.—Section cies, including the Administrator of the En- manufacturer does not request that the Ad- 32901(c)(2) of title 49, United States Code, is vironmental Protection Agency and the Sec- ministrator calculate the manufacturing in- amended— retary of Health and Human Services, fails centive for its electric dual fueled auto- (A) in subparagraph (B), by inserting ‘‘, ex- to publish in the Federal Register a report mobiles in accordance with paragraph (1), cept that beginning with model year 2016, al- that models the impact of major Federal reg- the Administrator shall calculate such in- ternative fueled automobiles that do not use ulations on job creation across the whole centive for such automobiles manufactured a fuel described in subparagraph (A), (B), (C), economy of the United States. by such manufacturer after model year 2015 or (D) of subsection (a)(1) shall have a min- (b) UPDATES.— in accordance with subsection (b).’’. imum driving range of 150 miles’’ after ‘‘at (1) IN GENERAL.—The Secretary of Labor, (5) CONFORMING AMENDMENT.—Section least 200 miles’’; and acting through the Bureau of Labor Statis- 32906(b) of title 49, United States Code, is (B) in subparagraph (C), by adding at the tics, shall update the report described in sub- amended by striking ‘‘section 32905(e)’’ and end the following: ‘‘Beginning with model section (a) not less frequently than once inserting ‘‘section 32905(f)’’. year 2016, if the Secretary prescribes a min- every 30 days. (b) HIGH OCCUPANCY VEHICLE FACILITIES.— imum driving range of 150 miles for alter- Section 166 of title 23, United States Code, is (2) TERMINATION.—The amendments made native fueled automobiles that do not use a amended— by this title shall terminate on the date that fuel described in subparagraph (A), (B), (C), (1) in subparagraph (b)(5), by striking sub- is 30 days after the date on which the most or (D) of subsection (a)(1), subparagraph (A) paragraph (A) and inserting the following: recent report described in paragraph (1) is required if the Secretary of Labor, acting shall not apply to dual fueled automobiles ‘‘(A) INHERENTLY LOW-EMISSION VEHICLES.— (except electric automobiles).’’. If a State agency establishes procedures for through the Bureau of Labor Statistics, fails (3) MANUFACTURING PROVISION FOR ALTER- enforcing the restrictions on the use of a to update the report in accordance with NATIVE FUEL AUTOMOBILES.—Section 32905(d) HOV facility by vehicles listed in clauses (i) paragraph (1). of title 49, United States Code, is amended— and (ii), the State agency may allow the use (A) by redesignating paragraphs (1) and (2) of the HOV facility by— SA 3666. Mr. HOEVEN (for himself as subparagraphs (A) and (B), respectively; ‘‘(i) alternative fuel vehicles; and and Mr. THUNE) submitted an amend- (B) by striking ‘‘For any model’’ and in- ‘‘(ii) new qualified plug-in electric drive ment intended to be proposed by him serting the following: motor vehicles (as defined in section to the bill S. 2569, to provide an incen- ‘‘(1) MODEL YEARS 1993 THROUGH 2015.—For 30D(d)(1) of the Internal Revenue Code of tive for businesses to bring jobs back any model’’; 1986).’’; and to America; which was ordered to lie (C) in paragraph (1), as redesignated, by (2) in subparagraph (f)(1), by inserting on the table; as follows: striking ‘‘2019’’ and inserting ‘‘2015’’; and ‘‘solely’’ before ‘‘operating’’. At the appropriate place, insert the fol- (D) by adding at the end the following: (c) STUDY.—Not later than 180 days after ‘‘(2) MODEL YEARS AFTER 2015.—For any the date of enactment of this Act, the Sec- lowing: model of gaseous fuel dual fueled automobile retary of Energy, after consultation with the SECTION ll. KEYSTONE XL APPROVAL. manufactured by a manufacturer after model Secretary of Transportation, shall submit a (a) IN GENERAL.—TransCanada Keystone year 2015, the Administrator shall calculate report to Congress that— Pipeline, L.P. may construct, connect, oper- fuel economy as a weighted harmonic aver- (1) describes options to incentivize the de- ate, and maintain the pipeline and cross-bor- age of the fuel economy on gaseous fuel as velopment of public compressed natural gas der facilities described in the application measured under subsection (c) and the fuel fueling stations; and filed on May 4, 2012, by TransCanada Cor- economy on gasoline or diesel fuel as meas- (2) analyzes a variety of possible financing poration to the Department of State (includ- ured under section 32904(c). The Adminis- tools, which could include— ing any subsequent revision to the pipeline trator shall apply the utility factors set (A) Federal grants and credit assistance; route within the State of Nebraska required forth in the table under section 600.510– (B) public-private partnerships; and or authorized by the State of Nebraska). 12(c)(2)(vii)(A) of title 40, Code of Federal (C) membership-based cooperatives. (b) ENVIRONMENTAL IMPACT STATEMENT.— Regulations. SEC. 206. CATEGORICAL EXCLUSIONS IN EMER- The Final Supplemental Environmental Im- ‘‘(3) MODEL YEARS AFTER 2016.—Beginning GENCIES. pact Statement issued by the Secretary of with model year 2017, the manufacturer may Section 1315 of the Moving Ahead for State in January 2014, regarding the pipeline elect to utilize the utility factors set forth Progress in the 21st Century Act (23 U.S.C. referred to in subsection (a), and the envi- under subsection (e)(1) for the purposes of 109 note; 126 Stat. 549) is amended by striking ronmental analysis, consultation, and review

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.052 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4946 CONGRESSIONAL RECORD — SENATE July 24, 2014 described in that document (including appen- issuing or promulgating any guideline or centive for businesses to bring jobs dices) shall be considered to fully satisfy— regulation relating to oil and gas exploration back to America; which was ordered to (1) all requirements of the National Envi- and production on Federal, State, tribal, or lie on the table; as follows: ronmental Policy Act of 1969 (42 U.S.C. 4321 fee land pursuant to this Act, the Federal et seq.); and Water Pollution Control Act (33 U.S.C. 1251 At the end of the bill, add the following: (2) any other provision of law that requires et seq.), the Clean Air Act (42 U.S.C. 7401 et DIVISION l—NORTH ATLANTIC ENERGY Federal agency consultation or review (in- seq.), the Act entitled ‘An Act to regulate SECURITY cluding the consultation or review required the leasing of certain Indian lands for min- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. under section 7(a) of the Endangered Species ing purposes’, approved May 11, 1938 (com- (a) SHORT TITLE.—This division may be Act of 1973 (16 U.S.C. 1536(a))) with respect to monly known as the ‘Indian Mineral Leasing cited as the ‘‘North Atlantic Energy Secu- the pipeline and facilities referred to in sub- Act of 1938’) (25 U.S.C. 396a et seq.), the Min- rity Act’’. section (a). eral Leasing Act (30 U.S.C. 181 et seq.), or (b) TABLE OF CONTENTS.—The table of con- (c) PERMITS.—Any Federal permit or au- any other provision of law or Executive tents for this division is as follows: thorization issued before the date of enact- order, the head of a Federal department or Sec. 1. Short title; table of contents. ment of this Act for the pipeline and cross- agency shall seek comments from and con- TITLE I—NATURAL GAS GATHERING border facilities referred to in subsection (a) sult with the head of each affected State, ENHANCEMENT shall remain in effect. State agency, and Indian tribe at a location Sec. 101. Short title. (d) FEDERAL JUDICIAL REVIEW.—Any legal within the jurisdiction of the State or Indian Sec. 102. Findings. challenge to a Federal agency action regard- tribe, as applicable. Sec. 103. Authority to approve natural gas ing the pipeline and cross-border facilities ‘‘(b) STATEMENT OF ENERGY AND ECONOMIC pipelines. described in subsection (a), and the related IMPACT.—Each Federal department or agen- Sec. 104. Certain natural gas gathering lines facilities in the United States, that are ap- cy described in subsection (a) shall develop a located on Federal land and In- proved by this Act, and any permit, right-of- Statement of Energy and Economic Impact, dian land. way, or other action taken to construct or which shall consist of a detailed statement Sec. 105. Deadlines for permitting natural complete the project pursuant to Federal and analysis supported by credible objective gas gathering lines under the law, shall only be subject to judicial review evidence relating to— Mineral Leasing Act. on direct appeal to the United States Court ‘‘(1) any adverse effects on energy supply, Sec. 106. Deadlines for permitting natural of Appeals for the District of Columbia Cir- distribution, or use, including a shortfall in gas gathering lines under the cuit. supply, price increases, and increased use of Federal Land Policy and Man- (e) PRIVATE PROPERTY SAVINGS CLAUSE.— foreign supplies; and agement Act of 1976. Nothing in this Act alters any Federal, ‘‘(2) any impact on the domestic economy State, or local process or condition in effect Sec. 107. LNG regulatory certainty. if the action is taken, including the loss of Sec. 108. Expedited approval of exportation on the date of enactment of this Act that is jobs and decrease of revenue to each of the necessary to secure access from an owner of of natural gas to Ukraine and general and educational funds of the State or North Atlantic Treaty Organi- private property to construct the pipeline affected Indian tribe. and cross-border facilities described in sub- zation member countries and ‘‘(c) REGULATIONS.— section (a). Japan. ‘‘(1) IN GENERAL.—A Federal department or TITLE II—ONSHORE OIL AND GAS SA 3667. Mr. HOEVEN (for himself agency shall not impose any new or modified regulation unless the head of the applicable PERMIT STREAMLINING and Mr. JOHANNS) submitted an amend- Federal department or agency determines— Subtitle A—Streamlining Permitting ment intended to be proposed by him ‘‘(A) that the rule is necessary to prevent Sec. 201. Short title. to the bill S. 2569, to provide an incen- imminent substantial danger to the public Sec. 202. Permit to drill application tive for businesses to bring jobs back health or the environment; and timeline. to America; which was ordered to lie ‘‘(B) by clear and convincing evidence, that Sec. 203. Making pilot offices permanent to on the table; as follows: the State or Indian tribe does not have an improve energy permitting on At the appropriate place, insert the fol- existing reasonable alternative to the pro- Federal land. lowing: posed regulation. Sec. 204. Administration. ‘‘(2) DISCLOSURE.—Any Federal regulation Sec. 205. Judicial review. TITLE II—REGULATION OF OIL OR NAT- promulgated on or after the date of enact- URAL GAS DEVELOPMENT ON FEDERAL Subtitle B—BLM Live Internet Auctions ment of this paragraph that requires disclo- LAND IN STATES Sec. 211. Short title. sure of hydraulic fracturing chemicals shall Sec. 212. Internet-based onshore oil and gas SEC. 201. refer to the database managed by the Ground lease sales. This title may be cited as the ‘‘Empower Water Protection Council and the Interstate States Act of 2013’’. Oil and Gas Compact Commission (as in ef- TITLE I—NATURAL GAS GATHERING SEC. 202. REGULATION OF OIL OR NATURAL GAS fect on the date of enactment of this Act). ENHANCEMENT DEVELOPMENT ON FEDERAL LAND ‘‘(d) JUDICIAL REVIEW.— SEC. 101. SHORT TITLE. IN STATES. ‘‘(1) IN GENERAL.—With respect to any reg- The Mineral Leasing Act is amended— This title may be cited as the ‘‘Natural ulation described in this section, a State or (1) by redesignating section 44 (30 U.S.C. Gas Gathering Enhancement Act’’. Indian tribe adversely affected by an action 181 note) as section 45; and SEC. 102. FINDINGS. carried out under the regulation shall be en- (2) by inserting after section 43 (30 U.S.C. Congress finds that— titled to review by a United States district 226–3) the following: (1) record volumes of natural gas produc- court located in the State or the District of tion in the United States as of the date of ‘‘SEC. 44. REGULATION OF OIL OR NATURAL GAS Columbia of compliance by the applicable DEVELOPMENT ON FEDERAL LAND enactment of this Act are providing enor- IN STATES. Federal department or agency with the re- mous benefits to the United States, includ- ‘‘(a) IN GENERAL.—Subject to subsection quirements of this section. ing by— (b), the Secretary of the Interior shall not ‘‘(2) ACTION BY COURT.— (A) reducing the need for imports of nat- issue or promulgate any guideline or regula- ‘‘(A) IN GENERAL.—A district court pro- ural gas, thereby directly reducing the trade tion relating to oil or gas exploration or providing review under this subsection may en- deficit; duction on Federal land in a State if the join or mandate any action by a relevant (B) strengthening trade ties among the State has otherwise met the requirements Federal department or agency until the dis- United States, Canada, and Mexico; under this Act or any other applicable Fed- trict court determines that the department (C) providing the opportunity for the eral law. or agency has complied with the require- United States to join the emerging global ‘‘(b) EXCEPTION.—The Secretary may issue ments of this section. gas trade through the export of liquefied nat- or promulgate guidelines and regulations re- ‘‘(B) DAMAGES.—The court shall not order ural gas; lating to oil or gas exploration or production money damages. (D) creating and supporting millions of on Federal land in a State if the Secretary of ‘‘(3) SCOPE AND STANDARD OF REVIEW.—In new jobs across the United States; the Interior determines that as a result of reviewing a regulation under this sub- (E) adding billions of dollars to the gross the oil or gas exploration or production section— domestic product of the United States every there is an imminent and substantial danger ‘‘(A) the court shall not consider any evi- year; to the public health or environment.’’. dence outside of the record that was before (F) generating additional Federal, State, SEC. 203. REGULATIONS. the agency; and and local government tax revenues; and Part E of the Safe Drinking Water Act (42 ‘‘(B) the standard of review shall be de (G) revitalizing the manufacturing sector U.S.C. 300j et seq.) is amended by adding at novo.’’. by providing abundant and affordable feed- the end the following: stock; ‘‘SEC. 1459. REGULATIONS. SA 3668. Mr. HOEVEN submitted an (2) large quantities of natural gas are lost ‘‘(a) COMMENTS RELATING TO OIL AND GAS amendment intended to be proposed by due to venting and flaring, primarily in EXPLORATION AND PRODUCTION.—Before him to the bill S. 2569, to provide an in- areas where natural gas infrastructure has

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.053 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4947 not been developed quickly enough, such as ‘‘(A) within a field or unit for which an ap- of transporting natural gas associated with States with large quantities of Federal land proved land use plan or an environmental crude oil production on any land to a proc- and Indian land; document prepared pursuant to the National essing plant or a common carrier pipeline for (3) permitting processes can hinder the de- Environmental Policy Act of 1969 (42 U.S.C. delivery to markets; and velopment of natural gas infrastructure, 4321 et seq.) analyzed transportation of nat- ‘‘(2) any issues impeding that progress.’’. such as pipeline lines and gathering lines on ural gas produced from 1 or more oil wells in (c) TECHNICAL AMENDMENTS.— Federal land and Indian land; and that field or unit as a reasonably foreseeable (1) Section 1(b) of the Energy Policy Act of (4) additional authority for the Secretary activity; and 2005 (Public Law 109–58; 119 Stat. 594) is of the Interior to approve natural gas pipe- ‘‘(B) located adjacent to an existing dis- amended by adding at the end of subtitle B lines and gathering lines on Federal land and turbed area for the construction of a road or of title III the following: Indian land would— pad. ‘‘Sec. 319. Certain natural gas gathering (A) assist in bringing gas to market that ‘‘(2) APPLICABILITY.— lines located on Federal land would otherwise be vented or flared; and ‘‘(A) FEDERAL LAND.—Paragraph (1) shall and Indian land.’’. (B) significantly increase royalties col- not apply to Federal land, or a portion of (2) Section 1(b) of the Energy Policy Act of lected by the Secretary of the Interior and Federal land, for which the Governor of the 2005 (Public Law 109–58; 119 Stat. 594) is disbursed to Federal, State, and tribal gov- State in which the Federal land is located amended by adding at the end of title XXVIII ernments and individual Indians. submits to the Secretary of the Interior or the following: the Secretary of Agriculture, as applicable, a SEC. 103. AUTHORITY TO APPROVE NATURAL GAS ‘‘Sec. 1841. Natural gas gathering system as- written request that paragraph (1) not apply PIPELINES. sessments.’’. to that Federal land (or portion of Federal Section 1 of the Act of February 15, 1901 (31 SEC. 105. DEADLINES FOR PERMITTING NATURAL Stat. 790, chapter 372; 16 U.S.C. 79), is amend- land). GAS GATHERING LINES UNDER THE ed by inserting ‘‘, for natural gas pipelines’’ ‘‘(B) INDIAN LAND.—Paragraph (1) shall MINERAL LEASING ACT. after ‘‘distribution of electrical power’’. apply to Indian land, or a portion of Indian Section 28 of the Mineral Leasing Act (30 SEC. 104. CERTAIN NATURAL GAS GATHERING land, for which the Indian tribe with juris- U.S.C. 185) is amended by adding at the end LINES LOCATED ON FEDERAL LAND diction over the Indian land submits to the the following: AND INDIAN LAND. Secretary of the Interior a written request ‘‘(z) NATURAL GAS GATHERING LINES.—The (a) IN GENERAL.—Subtitle B of title III of that paragraph (1) apply to that Indian land Secretary of the Interior or other appro- the Energy Policy Act of 2005 (Public Law (or portion of Indian land). priate agency head shall issue a sundry no- 109–58; 119 Stat. 685) is amended by adding at ‘‘(c) EFFECT ON OTHER LAW.—Nothing in tice or right-of-way for a gas gathering line the end the following: this section affects or alters any require- and associated field compression unit (as de- ment— fined in section 319(a) of the Energy Policy ‘‘SEC. 319. CERTAIN NATURAL GAS GATHERING LINES LOCATED ON FEDERAL LAND ‘‘(1) relating to prior consent under— Act of 2005) that is located on Federal AND INDIAN LAND. ‘‘(A) section 2 of the Act of February 5, 1948 lands— ‘‘(a) DEFINITIONS.—In this section: (25 U.S.C. 324); or ‘‘(1) for a gas gathering line and associated ‘‘(1) GAS GATHERING LINE AND ASSOCIATED ‘‘(B) section 16(e) of the Act of June 18, 1934 field compression unit described in section FIELD COMPRESSION UNIT.— (25 U.S.C. 476(e)) (commonly known as the 319(b) of the Energy Policy Act of 2005, not ‘‘(A) IN GENERAL.—The term ‘gas gathering ‘Indian Reorganization Act’); or later than 30 days after the date on which line and associated field compression unit’ ‘‘(2) under any other Federal law (including the applicable agency head receives the re- means— regulations) relating to tribal consent for quest for issuance; and ‘‘(i) a pipeline that is installed to transport rights-of-way across Indian land.’’. ‘‘(2) for all other gas gathering lines and (b) ASSESSMENTS.—Title XVIII of the En- natural gas production associated with 1 or associated field compression units, not later ergy Policy Act of 2005 (Public Law 109–58; more wells drilled and completed to produce than 60 days after the date on which the ap- 119 Stat. 1122) is amended by adding at the crude oil; and plicable agency head receives the request for end the following: ‘‘(ii) if necessary, a compressor to raise the issuance.’’. pressure of that transported natural gas to ‘‘SEC. 1841. NATURAL GAS GATHERING SYSTEM SEC. 106. DEADLINES FOR PERMITTING NATURAL ASSESSMENTS. higher pressures suitable to enable the gas to GAS GATHERING LINES UNDER THE ‘‘(a) DEFINITION OF GAS GATHERING LINE FEDERAL LAND POLICY AND MAN- flow into pipelines and other facilities. AND ASSOCIATED FIELD COMPRESSION UNIT.— AGEMENT ACT OF 1976. ‘‘(B) EXCLUSIONS.—The term ‘gas gathering In this section, the term ‘gas gathering line Section 504 of the Federal Land Policy and line and associated field compression unit’ and associated field compression unit’ has Management Act of 1976 (43 U.S.C. 1764) is does not include a pipeline or compression the meaning given the term in section 319. amended by adding at the end the following: unit that is installed to transport natural ‘‘(b) STUDY.—Not later than 1 year after ‘‘(k) NATURAL GAS GATHERING LINES.—The gas from a processing plant to a common the date of enactment of the North Atlantic Secretary concerned shall issue a sundry no- carrier pipeline or facility. Energy Security Act of 2014, the Secretary of tice or right-of-way for a gas gathering line ‘‘(2) FEDERAL LAND.— the Interior, in consultation with other ap- and associated field compression unit (as de- ‘‘(A) IN GENERAL.—The term ‘Federal land’ propriate Federal agencies, States, and In- fined in section 319(a) of the Energy Policy means land the title to which is held by the dian tribes, shall conduct a study to iden- Act of 2005) that is located on public lands— United States. tify— ‘‘(1) for a gas gathering line and associated ‘‘(B) EXCLUSIONS.—The term ‘Federal land’ ‘‘(1) any actions that may be taken, under field compression unit described in section does not include— Federal law (including regulations), to expe- 319(b) of the Energy Policy Act of 2005, not ‘‘(i) a unit of the National Park System; dite permitting for gas gathering lines and later than 30 days after the date on which ‘‘(ii) a unit of the National Wildlife Refuge associated field compression units that are the applicable agency head receives the re- System; or located on Federal land or Indian land, for quest for issuance; and ‘‘(iii) a component of the National Wilder- the purpose of transporting natural gas asso- ‘‘(2) for all other gas gathering lines and ness Preservation System. ciated with crude oil production on any land associated field compression units, not later ‘‘(3) INDIAN LAND.—The term ‘Indian land’ to a processing plant or a common carrier than 60 days after the date on which the ap- means land the title to which is held by— pipeline for delivery to markets; and plicable agency head receives the request for ‘‘(A) the United States in trust for an In- ‘‘(2) any proposed changes to Federal law issuance.’’. dian tribe or an individual Indian; or (including regulations) to expedite permit- SEC. 107. LNG REGULATORY CERTAINTY. ‘‘(B) an Indian tribe or an individual Indian ting for gas gathering lines and associated Section 3 of the Natural Gas Act (15 U.S.C. subject to a restriction by the United States field compression units that are located on 717b) is amended by adding at the end the against alienation. Federal land or Indian land, for the purpose following: ‘‘(b) CERTAIN NATURAL GAS GATHERING of transporting natural gas associated with ‘‘(g) DEADLINE FOR CERTAIN APPLICATIONS LINES.— crude oil production on any land to a proc- FOR EXPORTATION OF NATURAL GAS.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), essing plant or a common carrier pipeline for ‘‘(1) IN GENERAL.—The Commission shall the issuance of a sundry notice or right-of- delivery to markets. make a public interest determination and way for a gas gathering line and associated ‘‘(c) REPORT.—Not later than 180 days after issue an order under subsection (a) for an ap- field compression unit that is located on the date of enactment of the North Atlantic plication for the exportation of natural gas Federal land or Indian land and that services Energy Security Act of 2014, and every 180 to a foreign country through a particular any oil well shall be considered to be an ac- days thereafter, the Secretary of the Inte- LNG terminal not later than 45 days after re- tion that is categorically excluded (as de- rior, in consultation with other appropriate ceipt of an application under subsection (e) fined in section 1508.4 of title 40, Code of Fed- Federal agencies, States, and Indian tribes, for— eral Regulations (as in effect on the date of shall submit to Congress a report that de- ‘‘(A) the conversion of that LNG terminal enactment of this Act)) for purposes of the scribes— into an LNG import or export facility; or National Environmental Policy Act of 1969 ‘‘(1) the progress made in expediting per- ‘‘(B) the construction of that LNG ter- (42 U.S.C. 4321 et seq.) if the gas gathering mits for gas gathering lines and associated minal. line and associated field compression unit field compression units that are located on ‘‘(2) APPLICATION.—This subsection shall are— Federal land or Indian land, for the purpose not apply with respect to an application

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.054 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4948 CONGRESSIONAL RECORD — SENATE July 24, 2014 under subsection (a) for the exportation of National Environmental Policy Act of 1969 (D) planning under the National Forest natural gas— (42 U.S.C. 4321 et seq.) or the Endangered Management Act of 1976 (16 U.S.C. 472a et ‘‘(A) to a foreign country— Species Act of 1973 (16 U.S.C. 1531 et seq.) is seq.); and ‘‘(i) to which the exportation of natural incomplete. (E) the preparation of analyses under the gas is otherwise prohibited by law; or ‘‘(C) DENIAL OF PERMIT.—If the Secretary National Environmental Policy Act of 1969 ‘‘(ii) described in subsection (c); or decides not to issue a permit to drill in ac- (42 U.S.C. 4321 et seq.). ‘‘(B) if the Commission has made a contin- cordance with subparagraph (A), the Sec- (2) DUTIES.—Each employee assigned under gent determination with respect to the appli- retary shall— paragraph (1) shall— cation. ‘‘(i) provide to the applicant a description (A) not later than 90 days after the date of ‘‘(3) EFFECT.—Except as specifically proof the reasons for the denial of the permit; assignment, report to the Bureau of Land vided in this subsection, nothing in this sub- ‘‘(ii) allow the applicant to resubmit an ap- Management Field Managers in the office to section affects the authority of the Commis- plication for a permit to drill during the 10- which the employee is assigned; sion to review, process, and make a deter- day period beginning on the date the appli- (B) be responsible for all issues relating to mination with respect to an application for cant receives the description of the denial the energy projects that arise under the au- the exportation of natural gas.’’. from the Secretary; and thorities of the agency of the employee; and SEC. 108. EXPEDITED APPROVAL OF EXPOR- ‘‘(iii) issue or deny any resubmitted appli- (C) participate as part of the team of per- TATION OF NATURAL GAS TO cation not later than 10 days after the date sonnel working on proposed energy projects, UKRAINE AND NORTH ATLANTIC on which the application is submitted to the planning, and environmental analyses on TREATY ORGANIZATION MEMBER Secretary. Federal land. COUNTRIES AND JAPAN. ‘‘(D) FEE.— (e) ADDITIONAL PERSONNEL.—The Secretary (a) IN GENERAL.—In accordance with clause ‘‘(i) IN GENERAL.—Notwithstanding any shall assign to each Bureau of Land Manage- 3 of section 8 of article I of the Constitution other provision of law, the Secretary shall ment field office identified in subsection (b) of the United States (delegating to Congress collect a single $6,500 permit processing fee any additional personnel that are necessary the power to regulate commerce with foreign per application from each applicant at the to ensure the effective approval and imple- nations), Congress finds that exports of nat- time the final decision is made whether to mentation of energy projects administered ural gas produced in the United States to issue a permit under subparagraph (A). by the Bureau of Land Management field of- Ukraine, member countries of the North At- ‘‘(ii) LIMITATION.—The fee described in fices, including inspection and enforcement lantic Treaty Organization, and Japan is— clause (i) shall not apply to any resubmitted relating to energy development on Federal (1) necessary for the protection of the es- application. land, in accordance with the multiple use sential security interests of the United ‘‘(iii) TREATMENT OF PERMIT PROCESSING mandate of the Federal Land Policy and States; and FEE.—Of all amounts collected as fees under Management Act of 1976 (43 U.S.C. 1701 et (2) in the public interest pursuant to sec- this paragraph, 50 percent shall be— seq.). tion 3 of the Natural Gas Act (15 U.S.C. 717b). ‘‘(I) transferred to the field office where (f) FUNDING.—Salaries for the additional (b) EXPEDITED APPROVAL.—Section 3(c) of the fee is collected; and personnel shall be funded from the collection the Natural Gas Act (15 U.S.C. 717b(c)) is ‘‘(II) used to process leases and permits of fees described in section 17(p)(2)(D) of the amended by inserting ‘‘, to Ukraine, to a under this Act, subject to appropriation.’’. Mineral Leasing Act (30 U.S.C. 226(p)(2)(D)) member country of the North Atlantic Trea- (as amended by section 202). ty Organization, or to Japan’’ after ‘‘trade in SEC. 203. MAKING PILOT OFFICES PERMANENT TO IMPROVE ENERGY PERMITTING (g) SAVINGS PROVISION.—Nothing in this natural gas’’. ON FEDERAL LAND. section affects— (c) EFFECTIVE DATE.—The amendment (a) DEFINITIONS.—In this section: (1) the operation of any Federal or State made by subsection (b) shall apply to appli- (1) ENERGY PROJECTS.—The term ‘‘energy law; or cations for the authorization to export nat- projects’’ includes oil, natural gas, and other (2) any delegation of authority made by ural gas under section 3 of the Natural Gas energy projects, as defined by the Secretary. the head of a Federal agency whose employ- Act (15 U.S.C. 717b) that are pending on, or (2) PROJECT.—The term ‘‘Project’’ means ees are participating in the Project. filed on or after, the date of the enactment the Federal Permit Streamlining Project es- SEC. 204. ADMINISTRATION. of this Act. tablished under subsection (b). Notwithstanding any other law, the Sec- TITLE II—ONSHORE OIL AND GAS PERMIT (3) SECRETARY.—The term ‘‘Secretary’’ retary of the Interior shall not require a STREAMLINING means the Secretary of the Interior. finding of extraordinary circumstances in Subtitle A—Streamlining Permitting (b) ESTABLISHMENT.—The Secretary shall administering section 390 of the Energy Pol- SEC. 201. SHORT TITLE. establish a Federal Permit Streamlining icy Act of 2005 (42 U.S.C. 15942). This subtitle may be cited as the ‘‘Stream- Project in every Bureau of Land Manage- SEC. 205. JUDICIAL REVIEW. lining Permitting of American Energy Act of ment field office with responsibility for per- (a) DEFINITIONS.—In this section: 2014’’. mitting energy projects on Federal land. (1) COVERED CIVIL ACTION.—The term ‘‘cov- SEC. 202. PERMIT TO DRILL APPLICATION (c) MEMORANDUM OF UNDERSTANDING.— ered civil action’’ means a civil action con- TIMELINE. (1) IN GENERAL.—Not later than 90 days taining a claim under section 702 of title 5, Section 17(p) of the Mineral Leasing Act after the date of enactment of this Act, the United States Code, regarding agency action (30 U.S.C. 226(p)) is amended by striking Secretary shall enter into a memorandum of (as defined for the purposes of that section) paragraph (2) and inserting the following: understanding for purposes of this section affecting a covered energy project on Federal ‘‘(2) APPLICATIONS FOR PERMITS TO DRILL with— land. REFORM AND PROCESS.— (A) the Secretary of Agriculture; (2) COVERED ENERGY PROJECT.— ‘‘(A) TIMELINE.— (B) the Administrator of the Environ- (A) IN GENERAL.—The term ‘‘covered en- ‘‘(i) IN GENERAL.—Not later than 30 days mental Protection Agency; and ergy project’’ means the leasing of Federal after the date on which the Secretary re- (C) the Chief of Engineers. land for the exploration, development, pro- ceives an application for a permit to drill, (2) STATE PARTICIPATION.—The Secretary duction, processing, or transmission of oil, the Secretary shall decide whether to issue may request that the Governor of any State natural gas, or any other source of energy, or deny the permit. in which energy projects on Federal land are and any action carried out pursuant to that ‘‘(ii) EXTENSION.—On giving written notice located be a signatory to the memorandum lease. of a delay to the applicant, the Secretary of understanding. (B) EXCLUSION.—The term ‘‘covered energy may extend the period described in clause (i) (d) DESIGNATION OF QUALIFIED STAFF.— project’’ does not include any disputes be- for not more than 2 additional periods of 15 (1) IN GENERAL.—Not later than 30 days tween the parties to a lease regarding the ob- days each. after the date of the signing of the memo- ligations under the lease, including regard- ‘‘(iii) FORM OF NOTICE.—The notice referred randum of understanding under subsection ing any alleged breach of the lease. to in clause (ii) shall— (c), all Federal signatory parties shall, if ap- (b) EXCLUSIVE VENUE FOR CERTAIN CIVIL ‘‘(I) be in the form of a letter from the Sec- propriate, assign to each of the Bureau of ACTIONS RELATING TO COVERED ENERGY retary or a designee of the Secretary; and Land Management field offices an employee PROJECTS.—Venue for any covered civil ac- ‘‘(II) shall include the names and titles of who has expertise in the regulatory issues tion shall lie in the district court where the the persons processing the application, the relating to the office in which the employee project or leases exist or are proposed. specific reasons for the delay, and a specific is employed, including, as applicable, par- (c) TIMELY FILING.—To ensure timely re- date a final decision on the application is ex- ticular expertise in— dress by the courts, a covered civil action pected. (A) the consultations and the preparation shall be filed not later than the last day of ‘‘(B) APPLICATION CONSIDERED APPROVED.— of biological opinions under section 7 of the the 90-day period beginning on the date of If the Secretary has not made a decision on Endangered Species Act of 1973 (16 U.S.C. the final Federal agency action to which the the application by the end of the 60-day pe- 1536); covered civil action relates. riod beginning on the date the application is (B) permits under section 404 of Federal (d) EXPEDITION IN HEARING AND DETER- received by the Secretary, the application Water Pollution Control Act (33 U.S.C. 1344); MINING THE ACTION.—The court shall endeav- shall be considered to be approved, except in (C) regulatory matters under the Clean Air or to hear and determine any covered civil a case in which an existing review under the Act (42 U.S.C. 7401 et seq.); action as expeditiously as possible.

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(e) STANDARD OF REVIEW.—In any judicial (3) an evaluation of the demonstrated or ‘‘(B) set the matter on the docket as soon review of a covered civil action, administra- expected effectiveness of different structures as practicable after the filing date of the ini- tive findings and conclusions relating to the for lease sales, which may— tial pleading.’’. challenged Federal action or decision shall (A) provide an opportunity to better maxi- be presumed to be correct, and the presump- mize bidder participation; SA 3670. Mr. HOEVEN submitted an tion may be rebutted only by the preponder- (B) ensure the highest return to the Fed- amendment intended to be proposed by ance of the evidence contained in the admin- eral taxpayers; him to the bill S. 2569, to provide an in- istrative record. (C) minimize opportunities for fraud or col- (f) LIMITATION ON INJUNCTION AND PROSPEC- centive for businesses to bring jobs lusion; and back to America; which was ordered to TIVE RELIEF.— (D) ensure the security and integrity of the (1) IN GENERAL.—In a covered civil action, leasing process. lie on the table; as follows: the court shall not grant or approve any pro- At the end of the bill, add the following: spective relief unless the court finds that the SA 3669. Mr. HOEVEN submitted an DIVISION l—DOMESTIC ENERGY AND relief is narrowly drawn, extends no further JOBS than necessary to correct the violation of a amendment intended to be proposed by legal requirement, and is the least intrusive him to the bill S. 2569, to provide an in- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. means necessary to correct that violation. centive for businesses to bring jobs (a) SHORT TITLE.—This division may be (2) DURATION OF PRELIMINARY INJUNC- back to America; which was ordered to cited as the ‘‘Domestic Energy and Jobs Act’’. TIONS.—A court shall limit the duration of a lie on the table; as follows: preliminary injunction to halt a covered en- (b) TABLE OF CONTENTS.—The table of con- ergy project to a period of not more than 60 At the appropriate place, insert the fol- tents of this division is as follows: days, unless the court finds clear reasons to lowing: Sec. 1. Short title; table of contents. extend the injunction. SEC. ll. REGULATORY CERTAINTY. TITLE I—IMPACTS OF EPA RULES AND (3) DURATION OF EXTENSION.—An extension Section 3 of the Natural Gas Act (15 U.S.C. ACTIONS ON ENERGY PRICES under paragraph (2) shall— 717b) is amended by adding at the end the Sec. 101. Short title. (A) only be for a period of not more than 30 following: Sec. 102. Transportation Fuels Regulatory days; and ‘‘(g) DEADLINE FOR CERTAIN APPLICATIONS Committee. (B) require action by the court to renew FOR EXPORTATION OF NATURAL GAS.— Sec. 103. Analyses. the injunction. ‘‘(1) LNG TERMINALS.— Sec. 104. Reports; public comment. (g) LIMITATION ON ATTORNEYS’ FEES.—Sec- ‘‘(A) IN GENERAL.—Subject to subparagraph Sec. 105. No final action on certain rules. tions 504 of title 5 and 2412 of title 28, United (B), the Commission shall make a public in- Sec. 106. Consideration of feasibility and States Code (commonly known as the ‘‘Equal cost in revising or Access to Justice Act’’) shall not apply to a terest determination and issue an order under subsection (a) for an application for supplementing national ambi- covered civil action, nor shall any party in ent air quality standards for the covered civil action receive payment the exportation of natural gas to a foreign ozone. from the Federal Government for attorneys’ country through a particular LNG terminal Sec. 107. Fuel requirements waiver and fees, expenses, or other court costs. not later than 45 days after receipt of an ap- study. (h) LEGAL STANDING.—A person filing an plication under subsection (e) for— appeal with the Department of the Interior ‘‘(i) the conversion of that LNG terminal TITLE II—QUADRENNIAL STRATEGIC Board of Land Appeals shall meet the same into an LNG import or export facility; or FEDERAL ONSHORE ENERGY PRODUC- standing requirements as a person before a ‘‘(ii) the construction of that LNG ter- TION STRATEGY United States district court. minal. Sec. 201. Short title. Subtitle B—BLM Live Internet Auctions ‘‘(B) LIMITATION.—Subparagraph (A) shall Sec. 202. Onshore domestic energy produc- only apply to applications for the expor- SEC. 211. SHORT TITLE. tion strategic plan. tation of natural gas to a foreign country This subtitle may be cited as the ‘‘BLM TITLE III—ONSHORE OIL AND GAS under subsection (a) that have been pending Live Internet Auctions Act’’. LEASING CERTAINTY for a period of not less than 180 calendar SEC. 212. INTERNET-BASED ONSHORE OIL AND Sec. 301. Short title. GAS LEASE SALES. days. ‘‘(2) APPLICATION.—This subsection shall Sec. 302. Minimum acreage requirement for (a) AUTHORIZATION.—Section 17(b)(1) of the onshore lease sales. Mineral Leasing Act (30 U.S.C. 226(b)(1)) is not apply with respect to an application under subsection (a) for the exportation of Sec. 303. Leasing certainty and consistency. amended— Sec. 304. Reduction of redundant policies. (1) in subparagraph (A), in the third sen- natural gas— TITLE IV—STREAMLINED ENERGY tence, by inserting ‘‘, except as provided in ‘‘(A) to a foreign country— PERMITTING subparagraph (C)’’ after ‘‘by oral bidding’’; ‘‘(i) to which the exportation of natural and gas is otherwise prohibited by law; or Sec. 401. Short title. (2) by adding at the end the following: ‘‘(ii) described in subsection (c); or Subtitle A—Application for Permits To Drill ‘‘(C) INTERNET-BASED BIDDING.— ‘‘(B) if the Commission has made a contin- Process Reform gent determination with respect to the appli- ‘‘(i) IN GENERAL.—In order to diversify and Sec. 411. Permit to drill application cation. expand the onshore leasing program in the timeline. ‘‘(3) EFFECT.—Except as specifically pro- United States to ensure the best return to Sec. 412. Solar and wind right-of-way rental vided in this subsection, nothing in this sub- the Federal taxpayer, reduce fraud, and se- reform. cure the leasing process, the Secretary may section affects the authority of the Commis- sion to review, process, and make a deter- Subtitle B—Administrative Appeal conduct onshore lease sales through Inter- Documentation Reform net-based bidding methods. mination with respect to an application for Sec. 421. Administrative appeal documenta- ‘‘(ii) CONCLUSION OF SALE.—Each individual the exportation of natural gas. Internet-based lease sale shall conclude not ‘‘(h) JUDICIAL ACTION.— tion reform. later than 7 days after the date of initiation ‘‘(1) IN GENERAL.—The United States Court Subtitle C—Permit Streamlining of the sale.’’. of Appeals for the circuit in which an export Sec. 431. Federal energy permit coordina- (b) REPORT.—Not later than 90 days after facility will be located pursuant to an appli- tion. the tenth Internet-based lease sale con- cation described in subsection (a) shall have Sec. 432. Administration of current law. ducted pursuant to subparagraph (C) of sec- original and exclusive jurisdiction over any Subtitle D—Judicial Review tion 17(b)(1) of the Mineral Leasing Act (30 civil action for the review of— U.S.C. 226(b)(1)) (as added by subsection (a)), ‘‘(A) an order issued by the Secretary of Sec. 441. Definitions. the Secretary of the Interior shall conduct, Energy with respect to the application; or Sec. 442. Exclusive venue for certain civil and submit to Congress a report describing ‘‘(B) the failure of the Secretary to issue a actions relating to covered en- the results of, an analysis of the first 10 such decision on the application. ergy projects. Sec. 443. Timely filing. lease sales, including— ‘‘(2) ORDER.—If the Court in a civil action (1) estimates of increases or decreases in described in paragraph (1) finds that the Sec- Sec. 444. Expedition in hearing and deter- the lease sales, compared to sales conducted retary has failed to issue a decision on the mining the action. by oral bidding, in— application as required under subsection (a), Sec. 445. Standard of review. Sec. 446. Limitation on injunction and pro- (A) the number of bidders; the Court shall order the Secretary to issue spective relief. (B) the average amount of the bids; the decision not later than 30 days after the Sec. 447. Limitation on attorneys’ fees. (C) the highest amount of the bids; and date of the order of the Court. Sec. 448. Legal standing. (D) the lowest amount of the bids; ‘‘(3) EXPEDITED CONSIDERATION.—The Court (2) an estimate on the total cost or savings shall— TITLE V—EXPEDITIOUS OIL AND GAS to the Department of the Interior as a result ‘‘(A) set any civil action brought under LEASING PROGRAM IN NATIONAL PE- of the sales, as compared to sales conducted this subsection for expedited consideration; TROLEUM RESERVE IN ALASKA by oral bidding; and and Sec. 501. Short title.

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0655 E:\CR\FM\A24JY6.054 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4950 CONGRESSIONAL RECORD — SENATE July 24, 2014 Sec. 502. Sense of Congress reaffirming na- (9) The Administrator of the Energy Infor- (D) other cumulative costs and cumulative tional policy regarding Na- mation Administration. benefits, including evaluation through a gen- tional Petroleum Reserve in (c) CONSULTATION BY CHAIR.—In carrying eral equilibrium model approach; Alaska. out the functions of the Chair of the Com- (E) national, State, and regional employ- Sec. 503. Competitive leasing of oil and gas. mittee, the Chair shall consult with the ment, including impacts associated with Sec. 504. Planning and permitting pipeline other members of the Committee. changes in gasoline, diesel fuel, or natural and road construction. (d) CONSULTATION BY COMMITTEE.—In car- gas prices and facility closures; and Sec. 505. Departmental accountability for rying out this title, the Committee shall (F) any other matters affecting the development. consult with the National Energy Tech- growth, stability, and sustainability of the Sec. 506. Updated resource assessment. nology Laboratory. oil and gas industries of the United States, Sec. 507. Colville River Delta designation. (e) TERMINATION.—The Committee shall particularly relative to that of other na- TITLE VI—INTERNET-BASED ONSHORE terminate on the date that is 60 days after tions; OIL AND GAS LEASE SALES the date of submission of the final report of (2) an analysis of key uncertainties and as- Sec. 601. Short title. the Committee pursuant to section 104(c). sumptions associated with each estimate Sec. 602. Internet-based onshore oil and gas SEC. 103. ANALYSES. under paragraph (1); lease sales. (a) DEFINITIONS.—In this section: (3) a sensitivity analysis reflecting alter- TITLE VII—ADVANCING OFFSHORE WIND (1) COVERED ACTION.—The term ‘‘covered native assumptions with respect to the ag- PRODUCTION action’’ means any action, to the extent that gregate demand for gasoline, diesel fuel, or natural gas; and Sec. 701. Short title. the action affects facilities involved in the (4) an analysis and, if feasible, an assess- Sec. 702. Offshore meteorological site test- production, transportation, or distribution ment of— ing and monitoring projects. of gasoline, diesel fuel, or natural gas, taken (A) the cumulative impact of the covered TITLE VIII—CRITICAL MINERALS on or after January 1, 2009, by the Adminis- trator of the Environmental Protection rules and covered actions on— Sec. 801. Definitions. Agency, a State, a local government, or a (i) consumers; Sec. 802. Designations. permitting agency as a result of the applica- (ii) small businesses; Sec. 803. Policy. tion of part C of title I (relating to preven- (iii) regional economies; Sec. 804. Resource assessment. (iv) State, local, and tribal governments; Sec. 805. Permitting. tion of significant deterioration of air quality), or title V (relating to permitting), of (v) low-income communities; Sec. 806. Recycling and alternatives. (vi) public health; and Sec. 807. Analysis and forecasting. the Clean Air Act (42 U.S.C. 7401 et seq.), to (vii) local and industry-specific labor mar- Sec. 808. Education and workforce. an air pollutant that is identified as a green- kets; and Sec. 809. International cooperation. house gas in the rule entitled Sec. 810. Repeal, authorization, and offset. ‘‘Endangerment and Cause or Contribute (B) key uncertainties associated with each topic described in subparagraph (A). TITLE IX—MISCELLANEOUS Findings for Greenhouse Gases Under Sec- tion 202(a) of the Clean Air Act’’ (74 Fed. (d) METHODS.—In conducting analyses Sec. 901. Limitation on transfer of functions Reg. 66496 (December 15, 2009)). under this section, the Committee shall use under the Solid Minerals Leas- (2) COVERED RULE.—The term ‘‘covered the best available methods, consistent with ing Program. rule’’ means the following rules (and in- guidance from the Office of Information and Sec. 902. Amount of distributed qualified cludes any successor or substantially similar Regulatory Affairs and the Office of Manage- Outer Continental Shelf reve- rules): ment and Budget Circular A–4. nues. (A) ‘‘Control of Air Pollution From New (e) DATA.—In conducting analyses under Sec. 903. Lease Sale 220 and other lease sales Motor Vehicles: Tier 3 Motor Vehicle Emis- this section, the Committee shall not be re- off the coast of Virginia. sion and Fuel Standards’’, as described in the quired to create data or to use data that is Sec. 904. Limitation on authority to issue Unified Agenda of Federal Regulatory and not readily accessible. regulations modifying the Deregulatory Actions under Regulatory SEC. 104. REPORTS; PUBLIC COMMENT. stream zone buffer rule. Identification Number 2060–AQ86. (a) PRELIMINARY REPORT.—Not later than TITLE I—IMPACTS OF EPA RULES AND (B) ‘‘National Ambient Air Quality Stand- 90 days after the date of enactment of this ACTIONS ON ENERGY PRICES ards for Ozone’’ (73 Fed. Reg. 16436 (March 27, Act, the Committee shall make public and SEC. 101. SHORT TITLE. 2008)). submit to the Committee on Energy and This title may be cited as the ‘‘Gasoline (C) ‘‘Reconsideration of the 2008 Ozone Pri- Commerce of the House of Representatives Regulations Act of 2013’’. mary and Secondary National Ambient Air and the Committee on Environment and SEC. 102. TRANSPORTATION FUELS REGULATORY Quality Standards’’, as described in the Uni- Public Works of the Senate a preliminary re- COMMITTEE. fied Agenda of Federal Regulatory and De- port containing the results of the analyses (a) ESTABLISHMENT.—The President shall regulatory Actions under Regulatory Identi- conducted under section 103. establish a committee, to be known as the fication Number 2060–AP98. (b) PUBLIC COMMENT PERIOD.—The Com- Transportation Fuels Regulatory Committee (D) Any rule proposed after March 15, 2012, mittee shall accept public comments regard- (referred to in this title as the ‘‘Com- establishing or revising a standard of per- ing the preliminary report submitted under mittee’’), to analyze and report on the cumu- formance or emission standard under section subsection (a) for a period of 60 days after lative impacts of certain rules and actions of 111 or 112 of the Clean Air Act (42 U.S.C. 7411, the date on which the preliminary report is the Environmental Protection Agency on 7412) applicable to petroleum refineries. submitted. gasoline, diesel fuel, and natural gas prices, (E) Any rule proposed after March 15, 2012, (c) FINAL REPORT.—Not later than 60 days in accordance with sections 103 and 104. to implement any portion of the renewable after the expiration of the 60-day period de- (b) MEMBERS.—The Committee shall be fuel program under section 211(o) of the scribed in subsection (b), the Committee composed of the following officials (or their Clean Air Act (42 U.S.C. 7545(o)). shall submit to Congress a final report con- designees): (F) Any rule proposed after March 15, 2012, taining the analyses conducted under section (1) The Secretary of Energy, who shall revising or supplementing the national am- 103, including— serve as the Chair of the Committee. bient air quality standards for ozone under (1) any revisions to the analyses made as a (2) The Secretary of Transportation, acting section 109 of the Clean Air Act (42 U.S.C. result of public comments; and through the Administrator of the National 7409). (2) a response to the public comments. Highway Traffic Safety Administration. (b) SCOPE.—The Committee shall conduct SEC. 105. NO FINAL ACTION ON CERTAIN RULES. (3) The Secretary of Commerce, acting analyses, for each of calendar years 2016 and (a) IN GENERAL.—The Administrator of the through the Chief Economist and the Under 2020, of the prospective cumulative impact of Environmental Protection Agency shall not Secretary for International Trade. all covered rules and covered actions. finalize any of the following rules until a (4) The Secretary of Labor, acting through (c) CONTENTS.—The Committee shall in- date (to be determined by the Administrator) the Commissioner of the Bureau of Labor clude in each analysis conducted under this that is at least 180 days after the date on Statistics. section— which the Committee submits the final re- (5) The Secretary of the Treasury, acting (1) estimates of the cumulative impacts of port under section 104(c): through the Deputy Assistant Secretary for the covered rules and covered actions relat- (1) ‘‘Control of Air Pollution From New Environment and Energy of the Department ing to— Motor Vehicles: Tier 3 Motor Vehicle Emis- of the Treasury. (A) any resulting change in the national, sion and Fuel Standards’’, as described in the (6) The Secretary of Agriculture, acting State, or regional price of gasoline, diesel Unified Agenda of Federal Regulatory and through the Chief Economist. fuel, or natural gas; Deregulatory Actions under Regulatory (7) The Administrator of the Environ- (B) required capital investments and pro- Identification Number 2060–AQ86, and any mental Protection Agency. jected costs for operation and maintenance successor or substantially similar rule. (8) The Chairman of the United States of new equipment required to be installed; (2) Any rule proposed after March 15, 2012, International Trade Commission, acting (C) global economic competitiveness of the establishing or revising a standard of per- through the Director of the Office of Eco- United States and any loss of domestic refin- formance or emission standard under section nomics. ing capacity; 111 or 112 of the Clean Air Act (42 U.S.C. 7411,

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7412) that is applicable to petroleum refin- ‘‘(A) minerals that are necessary for the ‘‘(f) EXPANSION OF PLAN.—The Secretary eries. energy infrastructure of the United States, may expand a Strategy to include other en- (3) Any rule revising or supplementing the including pipelines, refining capacity, elec- ergy production technology sources or ad- national ambient air quality standards for trical power generation and transmission, vancements in energy production on Federal ozone under section 109 of the Clean Air Act and renewable energy production; and land. (42 U.S.C. 7409). ‘‘(B) minerals that are necessary to sup- ‘‘(g) TRIBAL OBJECTIVES.— (b) OTHER RULES NOT AFFECTED.—Sub- port domestic manufacturing, including ma- ‘‘(1) IN GENERAL.—It is the sense of Con- section (a) shall not affect the finalization of terials used in energy generation, produc- gress that federally recognized Indian tribes any rule other than the rules described in tion, and transportation. may elect to set the production objectives of subsection (a). ‘‘(3) STRATEGY.—The term ‘Strategy’ the Indian tribes as part of a Strategy under SEC. 106. CONSIDERATION OF FEASIBILITY AND means the Quadrennial Federal Onshore En- this section. COST IN REVISING OR ergy Production Strategy required under ‘‘(2) COOPERATION.—The Secretary shall SUPPLEMENTING NATIONAL AMBI- this section. work in cooperation with any federally rec- ENT AIR QUALITY STANDARDS FOR ‘‘(b) STRATEGY.— ognized Indian tribe that elects to partici- OZONE. ‘‘(1) IN GENERAL.—The Secretary, in con- pate in achieving the strategic energy objec- In revising or supplementing any national sultation with the Secretary of Agriculture tives of the Indian tribe under this sub- primary or secondary ambient air quality with regard to land administered by the For- section. standards for ozone under section 109 of the est Service, shall develop and publish every 4 ‘‘(h) EXECUTION OF STRATEGY.— Clean Air Act (42 U.S.C. 7409), the Adminis- years a Quadrennial Federal Onshore Energy ‘‘(1) DEFINITION OF SECRETARY CONCERNED.— trator of the Environmental Protection Production Strategy. In this subsection, the term ‘Secretary con- Agency shall take into consideration feasi- ‘‘(2) ENERGY SECURITY.—The Strategy shall cerned’ means— bility and cost. direct Federal land energy development and ‘‘(A) the Secretary of Agriculture (acting SEC. 107. FUEL REQUIREMENTS WAIVER AND department resource allocation to promote through the Chief of the Forest Service), STUDY. the energy security of the United States. with respect to National Forest System land; (a) WAIVER OF FUEL REQUIREMENTS.—Sec- and ‘‘(c) PURPOSES.— tion 211(c)(4)(C) of the Clean Air Act (42 ‘‘(B) the Secretary of the Interior, with re- ‘‘(1) IN GENERAL.—In developing a Strategy, U.S.C. 7545(c)(4)(C)) is amended— the Secretary shall consult with the Admin- spect to land managed by the Bureau of Land (1) in clause (ii)(II), by inserting ‘‘a prob- istrator of the Energy Information Adminis- Management (including land held for the lem with distribution or delivery equipment tration on— benefit of an Indian tribe). that is necessary for the transportation or ‘‘(A) the projected energy demands of the ‘‘(2) ADDITIONAL LAND.—The Secretary con- delivery of fuel or fuel additives,’’ after United States for the 30-year period begin- cerned may make determinations regarding ‘‘equipment failure,’’; ning on the date of initiation of the Strat- which additional land under the jurisdiction (2) in clause (iii)(II), by inserting before egy; and of the Secretary concerned will be made the semicolon at the end the following: ‘‘(ex- ‘‘(B) how energy derived from Federal on- available in order to meet the energy produc- cept that the Administrator may extend the shore land can place the United States on a tion objectives established by a Strategy. effectiveness of a waiver for more than 20 trajectory to meet that demand during the 4- ‘‘(3) ACTIONS.—The Secretary concerned days if the Administrator determines that year period beginning on the date of initi- shall take all necessary actions to achieve the conditions under clause (ii) supporting a ation of the Strategy. the energy production objectives established waiver determination will exist for more under this section unless the President de- ‘‘(2) ENERGY SECURITY.—The Secretary than 20 days)’’; shall consider how Federal land will con- termines that it is not in the national secu- (3) by redesignating the second clause (v) tribute to ensuring national energy security, rity and economic interests of the United (relating to the authority of the Adminis- with a goal of increasing energy independ- States— trator to approve certain State implementa- ence and production, during the 4-year pe- ‘‘(A) to increase Federal domestic energy tion plans) as clause (vi); and riod beginning on the date of initiation of production; and (4) by adding at the end the following: the Strategy. ‘‘(B) to decrease dependence on foreign ‘‘(vii) PRESUMPTIVE APPROVAL.—Notwith- sources of energy. ‘‘(d) OBJECTIVES.—The Secretary shall es- standing any other provision of this subpara- ‘‘(4) LEASING.—In carrying out this sub- tablish a domestic strategic production ob- graph, if the Administrator does not approve section, the Secretary concerned shall only jective for the development of energy re- or deny a request for a waiver under this sub- consider leasing Federal land available for sources from Federal onshore land that is paragraph within 3 days after receipt of the leasing at the time the lease sale occurs. based on commercial and scientific data re- request, the request shall be deemed to be ‘‘(i) STATE, FEDERALLY RECOGNIZED INDIAN lating to the expected increase in— approved as received by the Administrator TRIBES, LOCAL GOVERNMENT, AND PUBLIC ‘‘(1) domestic production of oil and natural and the applicable fuel standards shall be INPUT.—In developing a Strategy, the Sec- gas from the Federal onshore mineral estate, waived for the period of time requested.’’. retary shall solicit the input of affected with a focus on land held by the Bureau of (b) FUEL SYSTEM REQUIREMENTS HARMONI- States, federally recognized Indian tribes, Land Management and the Forest Service; ZATION STUDY.—Section 1509 of the Energy local governments, and the public. ‘‘(2) domestic coal production from Federal Policy Act of 2005 (Public Law 109–58; 119 ‘‘(j) ANNUAL REPORTS.— land; Stat. 1083) is amended— ‘‘(1) IN GENERAL.—The Secretary shall sub- ‘‘(3) domestic production of strategic and (1) in subsection (a)— mit to the Committee on Natural Resources critical energy minerals from the Federal (A) in paragraph (1)(A), by inserting of the House of Representatives and the onshore mineral estate; ‘‘biofuels,’’ after ‘‘oxygenated fuel,’’; and Committee on Energy and Natural Resources ‘‘(4) megawatts for electricity production (B) in paragraph (2)(G), by striking ‘‘Tier of the Senate an annual report describing from each of wind, solar, biomass, hydro- II’’ and inserting ‘‘Tier III’’; and the progress made in meeting the production power, and geothermal energy produced on (2) in subsection (b)(1), by striking ‘‘2008’’ goals of a Strategy. Federal land administered by the Bureau of and inserting ‘‘2014’’. ‘‘(2) CONTENTS.—In a report required under Land Management and the Forest Service; this subsection, the Secretary shall— TITLE II—QUADRENNIAL STRATEGIC FED- ‘‘(5) unconventional energy production, ‘‘(A) make projections for production and ERAL ONSHORE ENERGY PRODUCTION such as oil shale; capacity installations; STRATEGY ‘‘(6) domestic production of oil, natural ‘‘(B) describe any problems with leasing, SEC. 201. SHORT TITLE. gas, coal, and other renewable sources from permitting, siting, or production that will This title may be cited as the ‘‘Planning tribal land for any federally recognized In- prevent meeting the production goals of a for American Energy Act of 2013’’. dian tribe that elects to participate in facili- Strategy; and SEC. 202. ONSHORE DOMESTIC ENERGY PRODUC- tating energy production on the land of the ‘‘(C) make recommendations to help meet TION STRATEGIC PLAN. Indian tribe; and any shortfalls in meeting the production The Mineral Leasing Act is amended— ‘‘(7) domestic production of geothermal, goals. (1) by redesignating section 44 (30 U.S.C. solar, wind, or other renewable energy ‘‘(k) PROGRAMMATIC ENVIRONMENTAL IM- 181 note) as section 45; and sources on land defined as available lands PACT STATEMENT.— (2) by inserting after section 43 (30 U.S.C. under section 203 of the Hawaiian Homes ‘‘(1) IN GENERAL.—Not later than 1 year 226–3) the following: Commission Act, 1920 (42 Stat. 109, chapter after the date of enactment of this sub- ‘‘SEC. 44. QUADRENNIAL STRATEGIC FEDERAL 42), and any other land considered by the section, in accordance with section 102(2)(C) ONSHORE ENERGY PRODUCTION Territory or State of Hawaii, as the case of the National Environmental Policy Act of STRATEGY. may be, to be available lands. 1969 (42 U.S.C. 4332(2)(C)), the Secretary shall ‘‘(a) DEFINITIONS.—In this section: ‘‘(e) METHODOLOGY.—The Secretary shall complete a programmatic environmental im- ‘‘(1) SECRETARY.—The term ‘Secretary’ consult with the Administrator of the En- pact statement for carrying out this section. means the Secretary of the Interior. ergy Information Administration regarding ‘‘(2) COMPLIANCE.—The programmatic envi- ‘‘(2) STRATEGIC AND CRITICAL ENERGY MIN- the methodology used to arrive at the esti- ronmental impact statement shall be consid- ERALS.—The term ‘strategic and critical en- mates made by the Secretary to carry out ered sufficient to comply with all require- ergy minerals’ means— this section. ments under the National Environmental

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.055 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4952 CONGRESSIONAL RECORD — SENATE July 24, 2014 Policy Act of 1969 (42 U.S.C. 4321 et seq.) for retary shall issue all leases sold under this riod beginning on the date the application all necessary resource management and land Act not later than 60 days after the last pay- for the permit is received by the Secretary, use plans associated with the implementa- ment is made. the application shall be considered approved tion of a Strategy. ‘‘(E) CANCELLATION OR WITHDRAWAL OF unless applicable reviews under the National ‘‘(l) CONGRESSIONAL REVIEW.— LEASE PARCELS.—The Secretary shall not Environmental Policy Act of 1969 (42 U.S.C. ‘‘(1) IN GENERAL.—Not later than 60 days cancel or withdraw any lease parcel after a 4321 et seq.) or the Endangered Species Act of before publishing a proposed Strategy under competitive lease sale has occurred and a 1973 (16 U.S.C. 1531 et seq.) are incomplete. this section, the Secretary shall submit to winning bidder has submitted the last pay- ‘‘(E) DENIAL OF PERMIT.—If the Secretary Congress and the President the proposed ment for the parcel. decides not to issue a permit to drill under Strategy, together with any comments re- ‘‘(F) APPEALS.— this paragraph, the Secretary shall— ceived from States, federally recognized In- ‘‘(i) IN GENERAL.—The Secretary shall com- ‘‘(i) provide to the applicant a description dian tribes, and local governments. plete the review of any appeal of a lease sale of the reasons for the denial of the permit; ‘‘(2) RECOMMENDATIONS.—The submission under this Act not later than 60 days after ‘‘(ii) allow the applicant to resubmit an ap- shall indicate why any specific recommenda- the receipt of the appeal. plication for a permit to drill during the 10- tion of a State, federally recognized Indian ‘‘(ii) CONSTRUCTIVE APPROVAL.—If the re- day period beginning on the date the appli- tribe, or local government was not accepted. view of an appeal is not conducted in accord- cant receives the description of the denial ‘‘(m) ADMINISTRATION.—Nothing in this ance with clause (i), the appeal shall be con- from the Secretary; and section modifies or affects any multiuse sidered approved. ‘‘(iii) issue or deny any resubmitted appli- plan. ‘‘(G) ADDITIONAL STIPULATIONS.—The Sec- cation not later than 10 days after the date ‘‘(n) FIRST STRATEGY.—Not later than 18 retary may not add any additional lease stip- the application is submitted to the Sec- months after the date of enactment of this subsection, the Secretary shall submit to ulation for a parcel after the parcel is sold retary. Congress the first Strategy.’’. unless the Secretary— ‘‘(F) FEE.— ‘‘(i) consults with the lessee and obtains ‘‘(i) IN GENERAL.—Subject to clauses (ii) TITLE III—ONSHORE OIL AND GAS the approval of the lessee; or and (iii) and notwithstanding any other pro- LEASING CERTAINTY ‘‘(ii) determines that the stipulation is an vision of law, the Secretary shall collect a SEC. 301. SHORT TITLE. emergency action that is necessary to con- single $6,500 permit processing fee per appli- This title may be cited as the ‘‘Providing serve the resources of the United States. cation from each applicant at the time the Leasing Certainty for American Energy Act ‘‘(4) LEASING CONSISTENCY.—A Federal land final decision is made whether to issue a per- of 2013’’. manager shall comply with applicable re- mit under this paragraph. SEC. 302. MINIMUM ACREAGE REQUIREMENT source management plans and continue to ‘‘(ii) RESUBMITTED APPLICATIONS.—The fee FOR ONSHORE LEASE SALES. actively lease in areas designated as open described in clause (i) shall not apply to any Section 17 of the Mineral Leasing Act (30 when resource management plans are being resubmitted application. U.S.C. 226) is amended— amended or revised, until a new record of de- ‘‘(iii) TREATMENT OF PERMIT PROCESSING (1) by striking ‘‘SEC. 17. (a) All lands’’ and cision is signed.’’. FEE.—Subject to appropriation, of all fees inserting the following: SEC. 304. REDUCTION OF REDUNDANT POLICIES. collected under this paragraph, 50 percent ‘‘SEC. 17. LEASE OF OIL AND GAS LAND. Bureau of Land Management Instruction shall be transferred to the field office where ‘‘(a) AUTHORITY.— the fees are collected and used to process ‘‘(1) IN GENERAL.—All land’’; and Memorandum 2010–117 shall have no force or leases, permits, and appeals under this Act.’’. (2) in subsection (a) (as amended by para- effect. graph (1)), by adding at the end the fol- TITLE IV—STREAMLINED ENERGY SEC. 412. SOLAR AND WIND RIGHT-OF-WAY RENT- AL REFORM. PERMITTING lowing: Notwithstanding any other provision of ‘‘(2) MINIMUM ACREAGE REQUIREMENT FOR SEC. 401. SHORT TITLE. law, each fiscal year, of fees collected as an- ONSHORE LEASE SALES.— This title may be cited as the ‘‘Stream- nual wind energy and solar energy right-of- ‘‘(A) IN GENERAL.—In conducting lease lining Permitting of American Energy Act of way authorization fees required under sec- sales under this section, each year, the Sec- 2013’’. tion 504(g) of the Federal Land Policy and retary shall offer for sale not less than 25 Management Act of 1976 (43 U.S.C. 1764(g)), 50 percent of the annual nominated acreage not Subtitle A—Application for Permits To Drill Process Reform percent shall be retained by the Secretary of previously made available for lease. the Interior to be used, subject to appropria- SEC. 411. PERMIT TO DRILL APPLICATION ‘‘(B) REVIEW.—The offering of acreage of- tion— fered for lease under this paragraph shall not TIMELINE. (1) by the Bureau of Land Management to be subject to review. Section 17(p) of the Mineral Leasing Act process permits, right-of-way applications, ‘‘(C) CATEGORICAL EXCLUSIONS.—Acreage of- (30 U.S.C. 226(p)) is amended by striking and other activities necessary for renewable fered for lease under this paragraph shall be paragraph (2) and inserting the following: development; and eligible for categorical exclusions under sec- ‘‘(2) APPLICATIONS FOR PERMITS TO DRILL (2) at the option of the Secretary of the In- tion 390 of the Energy Policy Act of 2005 (42 REFORM AND PROCESS.— terior, by the United States Fish and Wild- U.S.C. 15942), except that extraordinary cir- ‘‘(A) IN GENERAL.—Subject to subparagraph life Service or other Federal agencies in- cumstances shall not be required for a cat- (B), the Secretary shall decide whether to volved in wind and solar permitting reviews egorical exclusion under this paragraph. issue a permit to drill not later than 30 days to facilitate the processing of wind energy ‘‘(D) LEASING.—In carrying out this sub- after the date on which the application for and solar energy permit applications on Bu- section, the Secretary shall only consider the permit is received by the Secretary. reau of Land Management land. leasing of Federal land that is available for ‘‘(B) EXTENSIONS.— leasing at the time the lease sale occurs.’’. ‘‘(i) IN GENERAL.—The Secretary may ex- Subtitle B—Administrative Appeal Documentation Reform SEC. 303. LEASING CERTAINTY AND CONSIST- tend the period described in subparagraph ENCY. (A) for up to 2 periods of 15 days each, if the SEC. 421. ADMINISTRATIVE APPEAL DOCUMENTA- Section 17(a) of the Mineral Leasing Act Secretary gives written notice of the delay TION REFORM. (30 U.S.C. 226(a)) (as amended by section 302) to the applicant. Section 17(p) of the Mineral Leasing Act is amended by adding at the end the fol- ‘‘(ii) NOTICE.—The notice shall— (30 U.S.C. 226(p)) is amended by adding at the lowing: ‘‘(I) be in the form of a letter from the Sec- end the following: ‘‘(3) LEASING CERTAINTY.— retary or a designee of the Secretary; and ‘‘(4) APPEAL FEE.— ‘‘(A) IN GENERAL.—The Secretary shall not ‘‘(II) include— ‘‘(A) IN GENERAL.—The Secretary shall col- withdraw approval of any covered energy ‘‘(aa) the names and positions of the per- lect a $5,000 documentation fee to accompany project involving a lease under this Act sons processing the application; each appeal of an action on a lease, right-of- without finding a violation of the terms of ‘‘(bb) the specific reasons for the delay; and way, or application for permit to drill. the lease by the lessee. ‘‘(cc) a specific date on which a final deci- ‘‘(B) TREATMENT OF FEES.—Subject to ap- ‘‘(B) DELAY.—The Secretary shall not in- sion on the application is expected. propriation, of all fees collected under this fringe on lease rights under leases issued ‘‘(C) NOTICE OF REASONS FOR DENIAL.—If the paragraph, 50 percent shall remain in the under this Act by indefinitely delaying application is denied, the Secretary shall field office where the fees are collected and issuance of project approvals, drilling and provide the applicant— used to process appeals.’’. seismic permits, and rights-of-way for activi- ‘‘(i) a written notice that provides— Subtitle C—Permit Streamlining ties under a lease. ‘‘(I) clear and comprehensive reasons why SEC. 431. FEDERAL ENERGY PERMIT COORDINA- ‘‘(C) AVAILABILITY OF NOMINATED AREAS.— the application was not accepted; and TION. Not later than 18 months after an area is des- ‘‘(II) detailed information concerning any (a) DEFINITIONS.—In this section: ignated as open under the applicable land use deficiencies; and (1) ENERGY PROJECTS.—The term ‘‘energy plan, the Secretary shall make available ‘‘(ii) an opportunity to remedy any defi- projects’’ means oil, coal, natural gas, and nominated areas for lease under paragraph ciencies. renewable energy projects. (2). ‘‘(D) APPLICATION CONSIDERED APPROVED.— (2) PROJECT.—The term ‘‘Project’’ means ‘‘(D) ISSUANCE OF LEASES.—Notwith- If the Secretary has not made a decision on the Federal Permit Streamlining Project es- standing any other provision of law, the Sec- the application by the end of the 60-day pe- tablished under subsection (b).

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(3) SECRETARY.—The term ‘‘Secretary’’ SEC. 432. ADMINISTRATION OF CURRENT LAW. (b) ATTORNEY’S FEES AND COURT COSTS.—A means the Secretary of the Interior. Notwithstanding any other provision of party in a covered civil action shall not re- (b) ESTABLISHMENT.—The Secretary shall law, the Secretary of the Interior shall not ceive payment from the Federal Government establish a Federal Permit Streamlining require a finding of extraordinary cir- for attorney’s fees, expenses, or other court Project in each Bureau of Land Management cumstances in administering section 390 of costs. field office with responsibility for issuing the Energy Policy Act of 2005 (42 U.S.C. SEC. 448. LEGAL STANDING. permits for energy projects on Federal land. 15942). A challenger filing an appeal with the Inte- (c) MEMORANDUM OF UNDERSTANDING.— Subtitle D—Judicial Review rior Board of Land Appeals shall meet the (1) IN GENERAL.—Not later than 90 days same standing requirements as a challenger SEC. 441. DEFINITIONS. before a United States district court. after the date of enactment of this Act, the In this title: Secretary shall enter into a memorandum of TITLE V—EXPEDITIOUS OIL AND GAS (1) COVERED CIVIL ACTION.—The term ‘‘cov- LEASING PROGRAM IN NATIONAL PE- understanding to carry out this section ered civil action’’ means a civil action con- TROLEUM RESERVE IN ALASKA with— taining a claim under section 702 of title 5, (A) the Secretary of Agriculture; United States Code, regarding agency action SEC. 501. SHORT TITLE. (B) the Administrator of the Environ- (as defined for the purposes of that section) This title may be cited as the ‘‘National mental Protection Agency; and affecting a covered energy project on Federal Petroleum Reserve Alaska Access Act’’. (C) the Secretary of the Army, acting land. SEC. 502. SENSE OF CONGRESS REAFFIRMING NA- through the Chief of Engineers. TIONAL POLICY REGARDING NA- (2) COVERED ENERGY PROJECT.— (2) STATE PARTICIPATION.—The Secretary TIONAL PETROLEUM RESERVE IN (A) IN GENERAL.—The term ‘‘covered en- may request the Governor of any State with ALASKA. ergy project’’ means the leasing of Federal It is the sense of Congress that— energy projects on Federal land to be a sig- land of the United States for the exploration, natory to the memorandum of under- (1) the National Petroleum Reserve in the development, production, processing, or State of Alaska (referred to in this title as standing. transmission of oil, natural gas, wind, or any (d) DESIGNATION OF QUALIFIED STAFF.— the ‘‘Reserve’’) remains explicitly des- other source of energy, and any action under ignated, both in name and legal status, for (1) IN GENERAL.—Not later than 30 days such a lease. after the date of the signing of the memo- purposes of providing oil and natural gas re- (B) EXCLUSION.—The term ‘‘covered energy randum of understanding under subsection sources to the United States; and project’’ does not include any disputes be- (2) accordingly, the national policy is to (c), all Federal signatory parties shall, if ap- tween the parties to a lease regarding the ob- propriate, assign to each of the Bureau of actively advance oil and gas development ligations under the lease, including regard- within the Reserve by facilitating the expe- Land Management field offices an employee ing any alleged breach of the lease. who has expertise in the regulatory issues ditious exploration, production, and trans- relating to the office in which the employee SEC. 442. EXCLUSIVE VENUE FOR CERTAIN CIVIL portation of oil and natural gas from and ACTIONS RELATING TO COVERED through the Reserve. is employed, including, as applicable, par- ENERGY PROJECTS. ticular expertise in— SEC. 503. COMPETITIVE LEASING OF OIL AND Venue for any covered civil action shall lie GAS. (A) the consultations and the preparation in the United States district court for the of biological opinions under section 7 of the Section 107 of the Naval Petroleum Re- district in which the project or leases exist serves Production Act of 1976 (42 U.S.C. Endangered Species Act of 1973 (16 U.S.C. or are proposed. 1536); 6506a) is amended by striking subsection (a) SEC. 443. TIMELY FILING. (B) permits under section 404 of Federal and inserting the following: To ensure timely redress by the courts, a ‘‘(a) COMPETITIVE LEASING.— Water Pollution Control Act (33 U.S.C. 1344); covered civil action shall be filed not later ‘‘(1) IN GENERAL.—The Secretary shall con- (C) regulatory matters under the Clean Air than 90 days after the date of the final Fed- duct an expeditious program of competitive Act (42 U.S.C. 7401 et seq.); eral agency action to which the covered civil leasing of oil and gas in the Reserve in ac- (D) planning under the National Forest action relates. cordance with this Act. Management Act of 1976 (16 U.S.C. 472a et ‘‘(2) INCLUSIONS.—The program under this seq.); and SEC. 444. EXPEDITION IN HEARING AND DETER- subsection shall include at least 1 lease sale (E) the preparation of analyses under the MINING THE ACTION. annually in each area of the Reserve that is National Environmental Policy Act of 1969 A court shall endeavor to hear and deter- most likely to produce commercial quan- (42 U.S.C. 4321 et seq.). mine any covered civil action as expeditiously as practicable. tities of oil and natural gas for each of cal- (2) DUTIES.—Each employee assigned under endar years 2013 through 2023.’’. paragraph (1) shall— SEC. 445. STANDARD OF REVIEW. (A) not later than 90 days after the date of In any judicial review of a covered civil ac- SEC. 504. PLANNING AND PERMITTING PIPELINE AND ROAD CONSTRUCTION. assignment, report to the Bureau of Land tion— (a) IN GENERAL.—Notwithstanding any Management Field Managers in the office to (1) administrative findings and conclusions relating to the challenged Federal action or other provision of law, the Secretary of the which the employee is assigned; Interior, in consultation with the Secretary (B) be responsible for all issues relating to decision shall be presumed to be correct; and (2) the presumption may be rebutted only of Transportation, shall facilitate and ensure the energy projects that arise under the au- permits, in an environmentally responsible thorities of the home office of the employee; by the preponderance of the evidence contained in the administrative record. manner, for all surface development activi- and ties, including for the construction of pipe- (C) participate as part of the team of per- SEC. 446. LIMITATION ON INJUNCTION AND PRO- lines and roads, necessary— SPECTIVE RELIEF. sonnel working on proposed energy projects, (1) to develop and bring into production (a) IN GENERAL.—In a covered civil action, planning, and environmental analyses on any areas within the Reserve that are sub- a court shall not grant or approve any pro- Federal land. ject to oil and gas leases; and spective relief unless the court finds that the (e) ADDITIONAL PERSONNEL.—The Secretary (2) to transport oil and gas from and relief— shall assign to each Bureau of Land Manage- through the Reserve to existing transpor- (1) is narrowly drawn; ment field office identified under subsection tation or processing infrastructure on the (2) extends no further than necessary to (b) any additional personnel that are nec- North Slope of Alaska. essary to ensure the effective approval and correct the violation of a legal requirement; (b) TIMELINES.—The Secretary shall ensure implementation of energy projects adminis- and that any Federal permitting agency shall tered by the Bureau of Land Management (3) is the least intrusive means necessary issue permits in accordance with the fol- field offices, including inspection and en- to correct the violation. lowing timelines: forcement relating to energy development on (b) PRELIMINARY INJUNCTIONS.— (1) EXISTING LEASES.—Each permit for con- Federal land, in accordance with the mul- (1) IN GENERAL.—A court shall limit the du- struction relating to the transportation of tiple-use requirements of the Federal Land ration of a preliminary injunction to halt a oil and natural gas produced under existing Policy and Management Act of 1976 (43 covered energy project to not more than 60 Federal oil and gas leases with respect to U.S.C. 1701 et seq.). days, unless the court finds clear reasons to which the Secretary of the Interior has (f) FUNDING.—Funding for the additional extend the injunction. issued a permit to drill shall be approved by personnel shall be derived from the Depart- (2) EXTENSIONS.—Extensions under para- not later than 60 days after the date of en- ment of the Interior reforms made by sec- graph (1) shall— actment of this Act. tions 411, 412, and 421 and the amendments (A) only be in 30-day increments; and (2) REQUESTED PERMITS.—Each permit for made by those sections. (B) require action by the court to renew construction for transportation of oil and (g) SAVINGS PROVISION.—Nothing in this the injunction. natural gas produced under Federal oil and section affects— SEC. 447. LIMITATION ON ATTORNEYS’ FEES. gas leases shall be approved by not later (1) the operation of any Federal or State (a) IN GENERAL.—Sections 504 of title 5 and than 180 days after the date of submission to law; or 2412 of title 28, United States Code (com- the Secretary of a request for a permit to (2) any delegation of authority made by monly known as the ‘‘Equal Access to Jus- drill. the head of a Federal agency whose employ- tice Act’’), shall not apply to a covered civil (c) PLAN.—To ensure timely future devel- ees are participating in the Project. action. opment of the Reserve, not later than 270

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.055 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4954 CONGRESSIONAL RECORD — SENATE July 24, 2014 days after the date of enactment of this Act, TITLE VI—INTERNET-BASED ONSHORE (A) removal of towers, buoys, or other tem- the Secretary of the Interior shall submit to OIL AND GAS LEASE SALES porary ocean infrastructure from the project Congress a plan for approved rights-of-way SEC. 601. SHORT TITLE. site; and for a plan for pipeline, road, and any other This title may be cited as the ‘‘BLM Live (B) restoration of the project site to ap- surface infrastructure that may be necessary Internet Auctions Act’’. proximately the original condition of the infrastructure to ensure that all leasable SEC. 602. INTERNET-BASED ONSHORE OIL AND site; and tracts in the Reserve are located within 25 GAS LEASE SALES. (3) provides meteorological information ob- miles of an approved road and pipeline right- (a) AUTHORIZATION.—Section 17(b)(1) of the tained by the project to the Secretary of the of-way that can serve future development of Mineral Leasing Act (30 U.S.C. 226(b)(1)) is Interior. the Reserve. amended— (b) OFFSHORE METEOROLOGICAL PROJECT SEC. 505. DEPARTMENTAL ACCOUNTABILITY FOR (1) in subparagraph (A), in the third sen- PERMITTING.— DEVELOPMENT. tence, by striking ‘‘Lease sales’’ and insert- (1) IN GENERAL.—The Secretary of the Inte- (a) IN GENERAL.—Not later than 180 days ing ‘‘Except as provided in subparagraph (C), rior shall require, by regulation, that any after the date of enactment of this Act, the lease sales’’; and applicant seeking to conduct an offshore me- Secretary of the Interior shall promulgate (2) by adding at the end the following: teorological site testing and monitoring regulations to establish clear requirements ‘‘(C) In order to diversify and expand the project shall obtain a permit and right-of- to ensure that the Department of the Inte- United States onshore leasing program to way for the project in accordance with this rior is supporting development of oil and gas ensure the best return to Federal taxpayers, subsection. to reduce fraud, and to secure the leasing leases in the Reserve. (2) PERMIT AND RIGHT-OF-WAY TIMELINE AND process, the Secretary may conduct onshore (b) DEADLINES.—At a minimum, the regula- CONDITIONS.— lease sales through Internet-based bidding tions promulgated pursuant to this section (A) DEADLINE FOR APPROVAL.—The Sec- methods, each of which shall be completed shall— retary shall decide whether to issue a permit by not later than 7 days after the date of ini- (1) require the Secretary of the Interior to and right-of-way for an offshore meteorolog- respond, acknowledging receipt of any per- tiation of the sale.’’. (b) REPORT.—Not later than 90 days after ical site testing and monitoring project by mit application for development, by not not later than 30 days after the date of re- later than 5 business days after the date of the tenth Internet-based lease sale conducted pursuant to subparagraph (C) of sec- ceipt of a relevant application. receipt of the application; and tion 17(b)(1) of the Mineral Leasing Act (30 (B) PUBLIC COMMENT AND CONSULTATION.— (2) establish a timeline for the processing U.S.C. 226(b)(1)) (as added by subsection (a)), During the 30-day period referred to in sub- of each such application that— the Secretary of the Interior shall conduct, paragraph (A) with respect to an application (A) specifies deadlines for decisions and ac- and submit to Congress a report describing for a permit and right-of-way under this sub- tions regarding permit applications; and the results of, an analysis of the first 10 such section, the Secretary shall— (B) provides that the period for issuing lease sales, including— (i) provide an opportunity for submission each permit after the date of submission of (1) estimates of increases or decreases in of comments regarding the application by the application shall not exceed 60 days, ab- the lease sales, as compared to sales con- the public; and sent the concurrence of the applicant. ducted by oral bidding, in— (ii) consult with the Secretary of Defense, (c) ACTIONS REQUIRED FOR FAILURE TO COM- (A) the number of bidders; the Commandant of the Coast Guard, and the PLY WITH DEADLINES.—If the Secretary of (B) the average amount of the bids; heads of other Federal, State, and local the Interior fails to comply with any dead- (C) the highest amount of the bids; and agencies that would be affected by the line described in subsection (b) with respect (D) the lowest amount of the bids; issuance of the permit and right-of-way. to a permit application, the Secretary shall (2) an estimate on the total cost or savings (C) DENIAL OF PERMIT; OPPORTUNITY TO notify the applicant not less frequently than to the Department of the Interior as a result REMEDY DEFICIENCIES.—If an application is once every 5 days with specific information of the sales, as compared to sales conducted denied under this subsection, the Secretary regarding— by oral bidding; and shall provide to the applicant— (1) the reasons for the permit delay; (3) an evaluation of the demonstrated or (i) in writing— (2) the name of each specific office of the expected effectiveness of different structures (I) a list of clear and comprehensive rea- Department of the Interior responsible for— for lease sales, which may— sons why the application was denied; and (A) issuing the permit; or (A) provide an opportunity to better maxi- (II) detailed information concerning any (B) monitoring the permit delay; and mize bidder participation; deficiencies in the application; and (3) an estimate of the date on which the (B) ensure the highest return to Federal (ii) an opportunity to remedy those defi- permit will be issued. taxpayers; ciencies. (d) ADDITIONAL INFRASTRUCTURE.—Not (C) minimize opportunities for fraud or col- later than 180 days after the date of enact- (c) NEPA EXCLUSION.—Section 102(2)(C) of lusion; and ment of this Act, the Secretary of the Inte- the National Environmental Policy Act of (D) ensure the security and integrity of the rior, after consultation with the State of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with leasing process. Alaska and after providing notice and an op- respect to an offshore meteorological site portunity for public comment, shall approve TITLE VII—ADVANCING OFFSHORE WIND testing and monitoring project. right-of-way corridors for the construction PRODUCTION (d) PROTECTION OF INFORMATION.—Any in- of 2 separate additional bridges and pipeline SEC. 701. SHORT TITLE. formation provided to the Secretary of the rights-of-way to help facilitate timely oil This title may be cited at the ‘‘Advancing Interior under subsection (a)(3) shall be— and gas development of the Reserve. Offshore Wind Production Act’’. (1) treated by the Secretary as proprietary SEC. 506. UPDATED RESOURCE ASSESSMENT. SEC. 702. OFFSHORE METEOROLOGICAL SITE information; and TESTING AND MONITORING (a) IN GENERAL.—The Secretary of the In- (2) protected against disclosure. PROJECTS. terior shall complete a comprehensive as- (a) DEFINITION OF OFFSHORE METEOROLOG- TITLE VIII—CRITICAL MINERALS sessment of all technically recoverable fossil ICAL SITE TESTING AND MONITORING SEC. 801. DEFINITIONS. fuel resources within the Reserve, including PROJECT.—In this section, the term ‘‘offshore all conventional and unconventional oil and meteorological site testing and monitoring In this title: natural gas. project’’ means a project carried out on or in (1) APPLICABLE COMMITTEES.—The term (b) COOPERATION AND CONSULTATION.—The the waters of the outer Continental Shelf (as ‘‘applicable committees’’ means— resource assessment under subsection (a) defined in section 2 of the Outer Continental (A) the Committee on Energy and Natural shall be carried out by the United States Ge- Shelf Lands Act (43 U.S.C. 1331)) and admin- Resources of the Senate; ological Survey in cooperation and consulta- istered by the Department of the Interior to (B) the Committee on Natural Resources of tion with the State of Alaska and the Amer- test or monitor weather (including energy the House of Representatives; ican Association of Petroleum Geologists. provided by weather, such as wind, tidal, (C) the Committee on Energy and Com- (c) TIMING.—The resource assessment current, and solar energy) using towers, merce of the House of Representatives; and under subsection (a) shall be completed by buoys, or other temporary ocean infrastruc- (D) the Committee on Science, Space, and not later than 2 years after the date of enact- ture, that— Technology of the House of Representatives. ment of this Act. (1) causes— (2) CLEAN ENERGY TECHNOLOGY.—The term (d) FUNDING.—In carrying out this section, (A) less than 1 acre of surface or seafloor ‘‘clean energy technology’’ means a tech- the United States Geological Survey may co- disruption at the location of each meteoro- nology related to the production, use, trans- operatively use resources and funds provided logical tower or other device; and mission, storage, control, or conservation of by the State of Alaska. (B) not more than 5 acres of surface or energy that— SEC. 507. COLVILLE RIVER DELTA DESIGNATION. seafloor disruption within the proposed area (A) reduces the need for additional energy The designation by the Environmental affected by the project (including hazards to supplies by using existing energy supplies Protection Agency of the Colville River navigation); with greater efficiency or by transmitting, Delta as an aquatic resource of national im- (2) is decommissioned not more than 5 distributing, storing, or transporting energy portance shall have no force or effect on this years after the date of commencement of the with greater effectiveness in or through the title or an amendment made by this title. project, including— infrastructure of the United States;

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.055 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4955 (B) diversifies the sources of energy supply Act, the Secretary shall publish in the Fed- (4) to establish an analytical and fore- of the United States to strengthen energy se- eral Register for public comment a draft casting capability for identifying critical curity and to increase supplies with a favor- methodology for determining which minerals mineral demand, supply, and other market able balance of environmental effects if the qualify as critical minerals based on an as- dynamics relevant to policy formulation so entire technology system is considered; or sessment of whether the minerals are— that informed actions may be taken to avoid (C) contributes to a stabilization of atmos- (1) subject to potential supply restrictions supply shortages, mitigate price volatility, pheric greenhouse gas concentrations (including restrictions associated with for- and prepare for demand growth and other through reduction, avoidance, or sequestra- eign political risk, abrupt demand growth, market shifts; tion of energy-related greenhouse gas emis- military conflict, and anti-competitive or (5) to strengthen educational and research sions. protectionist behaviors); and capabilities and workforce training; (3) CRITICAL MINERAL.— (2) important in use (including clean en- (6) to bolster international cooperation (A) IN GENERAL.—The term ‘‘critical min- ergy technology-, defense-, agriculture-, and through technology transfer, information eral’’ means any mineral designated as a health care-related applications). sharing, and other means; critical mineral pursuant to section 802. (b) AVAILABILITY OF DATA.—If available (7) to promote the efficient production, (B) EXCLUSIONS.—The term ‘‘critical min- data is insufficient to provide a quantitative use, and recycling of critical minerals; eral’’ does not include coal, oil, natural gas, basis for the methodology developed under (8) to develop alternatives to critical min- or any other fossil fuels. this section, qualitative evidence may be erals; and (4) CRITICAL MINERAL MANUFACTURING.—The used. (9) to establish contingencies for the pro- term ‘‘critical mineral manufacturing’’ (c) FINAL METHODOLOGY.—After reviewing duction of, or access to, critical minerals for means— public comments on the draft methodology which viable sources do not exist within the (A) the production, processing, refining, under subsection (a) and updating the draft United States. alloying, separation, concentration, mag- methodology as appropriate, the Secretary SEC. 804. RESOURCE ASSESSMENT. netic sintering, melting, or beneficiation of shall enter into an arrangement with the Na- (a) IN GENERAL.—Not later than 4 years critical minerals within the United States; tional Academy of Sciences and the National after the date of enactment of this Act, in (B) the fabrication, assembly, or produc- Academy of Engineering to obtain, not later consultation with applicable State (includ- tion, within the United States, of clean en- than 120 days after the date of enactment of ing geological surveys), local, academic, in- ergy technologies (including technologies re- this Act— dustry, and other entities, the Secretary lated to wind, solar, and geothermal energy, (1) a review of the methodology; and shall complete a comprehensive national as- efficient lighting, electrical superconducting (2) recommendations for improving the sessment of each critical mineral that— materials, permanent magnet motors, bat- methodology. (1) identifies and quantifies known critical teries, and other energy storage devices), (d) FINAL METHODOLOGY.—After reviewing mineral resources, using all available public military equipment, and consumer elec- the recommendations under subsection (c), and private information and datasets, in- tronics, or components necessary for applica- not later than 150 days after the date of en- cluding exploration histories; tions; or actment of this Act, the Secretary shall pub- (2) estimates the cost of production of the (C) any other value-added, manufacturing- lish in the Federal Register a description of critical mineral resources identified and related use of critical minerals undertaken the final methodology for determining which quantified under this section, using all avail- within the United States. minerals qualify as critical minerals. able public and private information and (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (e) DESIGNATIONS.—Not later than 180 days datasets, including exploration histories; has the meaning given the term in section 4 after the date of enactment of this Act, the (3) provides a quantitative and qualitative of the Indian Self-Determination and Edu- Secretary shall publish in the Federal Reg- assessment of undiscovered critical mineral cation Assistance Act (25 U.S.C. 450b). ister a list of minerals designated as critical, resources throughout the United States, in- (6) MILITARY EQUIPMENT.—The term ‘‘mili- pursuant to the final methodology under cluding probability estimates of tonnage and tary equipment’’ means equipment used di- subsection (d), for purposes of carrying out grade, using all available public and private rectly by the Armed Forces to carry out this title. information and datasets, including explo- military operations. (f) SUBSEQUENT REVIEW.—The methodology ration histories; (7) RARE EARTH ELEMENT.— and designations developed under sub- (4) provides qualitative information on the (A) IN GENERAL.—The term ‘‘rare earth ele- sections (d) and (e) shall be updated at least environmental attributes of the critical min- ment’’ means the chemical elements in the every 5 years, or in more regular intervals if eral resources identified under this section; periodic table from lanthanum (atomic num- considered appropriate by the Secretary. and ber 57) up to and including lutetium (atomic (g) NOTICE.—On finalization of the method- (5) pays particular attention to the identi- number 71). ology under subsection (d), the list under fication and quantification of critical min- (B) INCLUSIONS.—The term ‘‘rare earth ele- subsection (e), or any update to the list eral resources on Federal land that is open ment’’ includes the similar chemical ele- under subsection (f), the Secretary shall sub- to location and entry for exploration, devel- ments yttrium (atomic number 39) and scan- mit to the applicable committees written no- opment, and other uses. dium (atomic number 21). tice of the action. (b) FIELD WORK.—If existing information (8) SECRETARY.—The term ‘‘Secretary’’ SEC. 803. POLICY. and datasets prove insufficient to complete the assessment under this section and there means the Secretary of the Interior— (a) POLICY.—It is the policy of the United is no reasonable opportunity to obtain the (A) acting through the Director of the States to promote an adequate, reliable, do- United States Geological Survey; and information and datasets from nongovern- mestic, and stable supply of critical min- mental entities, the Secretary may carry out (B) in consultation with (as appropriate)— erals, produced in an environmentally re- (i) the Secretary of Energy; field work (including drilling, remote sens- sponsible manner, in order to strengthen and ing, geophysical surveys, geological map- (ii) the Secretary of Defense; sustain the economic security, and the man- (iii) the Secretary of Commerce; ping, and geochemical sampling and anal- ufacturing, industrial, energy, technological, ysis) to supplement existing information and (iv) the Secretary of State; and competitive stature, of the United (v) the Secretary of Agriculture; datasets available for determining the exist- States. ence of critical minerals on— (vi) the United States Trade Representa- (b) COORDINATION.—The President, acting tive; and (1) Federal land that is open to location through the Executive Office of the Presi- and entry for exploration, development, and (vii) the heads of other applicable Federal dent, shall coordinate the actions of Federal agencies. other uses; agencies under this and other Acts— (2) tribal land, at the request and with the (9) STATE.—The term ‘‘State’’ means— (1) to encourage Federal agencies to facili- written permission of the Indian tribe with (A) a State; tate the availability, development, and envi- (B) the Commonwealth of Puerto Rico; and jurisdiction over the land; and ronmentally responsible production of do- (3) State land, at the request and with the (C) any other territory or possession of the mestic resources to meet national critical United States. written permission of the Governor of the minerals needs; State. (10) VALUE-ADDED.—The term ‘‘value- (2) to minimize duplication, needless pa- (c) TECHNICAL ASSISTANCE.—At the request added’’ means, with respect to an activity, perwork, and delays in the administration of of the Governor of a State or an Indian tribe, an activity that changes the form, fit, or applicable laws (including regulations) and the Secretary may provide technical assist- function of a product, service, raw material, the issuance of permits and authorizations ance to State governments and Indian tribes or physical good so that the resultant mar- necessary to explore for, develop, and conducting critical mineral resource assess- ket price is greater than the cost of making produce critical minerals and to construct ments on non-Federal land. the changes. and operate critical mineral manufacturing (d) FINANCIAL ASSISTANCE.—The Secretary (11) WORKING GROUP.—The term ‘‘Working facilities in an environmentally responsible may make grants to State governments, or Group’’ means the Critical Minerals Working manner; Indian tribes and economic development en- Group established under section 805(a). (3) to promote the development of eco- tities of Indian tribes, to cover the costs as- SEC. 802. DESIGNATIONS. nomically stable and environmentally re- sociated with assessments of critical mineral (a) DRAFT METHODOLOGY.—Not later than sponsible domestic critical mineral produc- resources on State or tribal land, as applica- 30 days after the date of enactment of this tion and manufacturing; ble.

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(e) REPORT.—Not later than 4 years after in attracting capital investment for the ex- (h) REPORT OF SMALL BUSINESS ADMINIS- the date of enactment of this Act, the Sec- ploration and development of domestic crit- TRATION.—Not later than 300 days after the retary shall submit to the applicable com- ical minerals; and date of enactment of this Act, the Adminis- mittees a report describing the results of the (5) generate such other information and trator of the Small Business Administration assessment conducted under this section. take such other actions as the Working shall submit to the applicable committees a (f) PRIORITIZATION.— Group considers appropriate to achieve the report that assesses the performance of Fed- (1) IN GENERAL.—The Secretary may se- policy described in section 803(a). eral agencies in— quence the completion of resource assess- (d) REPORT.—Not later than 300 days after (1) complying with chapter 6 of title 5, ments for each critical mineral such that the date of enactment of this Act, the Work- United States Code (commonly known as the critical materials considered to be most crit- ing Group shall submit to the applicable ‘‘Regulatory Flexibility Act’’), in promul- ical under the methodology established pur- committees a report that— gating regulations applicable to the critical suant to section 802 are completed first. (1) describes the results of actions taken minerals industry; and (2) REPORTING.—If the Secretary sequences under subsection (c); (2) performing an analysis of regulations the completion of resource assessments for (2) evaluates the amount of time typically applicable to the critical minerals industry each critical material, the Secretary shall required (including the range derived from that may be outmoded, inefficient, duplica- submit a report under subsection (e) on an minimum and maximum durations, mean, tive, or excessively burdensome. iterative basis over the 4-year period begin- median, variance, and other statistical (i) JUDICIAL REVIEW.— ning on the date of enactment of this Act. measures or representations) to complete (1) IN GENERAL.—Nothing in this section af- (g) UPDATES.—The Secretary shall periodi- each step (including those aspects outside fects any judicial review of an agency action cally update the assessment conducted under the control of the executive branch of the under any other provision of law. this section based on— Federal Government, such as judicial review, (2) CONSTRUCTION.—This section— (1) the generation of new information or applicant decisions, or State and local gov- (A) is intended to improve the internal datasets by the Federal Government; or ernment involvement) associated with the management of the Federal Government; and (2) the receipt of new information or processing of applications, operating plans, (B) does not create any right or benefit, datasets from critical mineral producers, leases, licenses, permits, and other use au- substantive or procedural, enforceable at law State geological surveys, academic institu- thorizations for critical mineral-related ac- or equity by a party against the United tions, trade associations, or other entities or tivities on Federal land, which shall serve as States (including an agency, instrumen- individuals. a baseline for the performance metric devel- tality, officer, or employee) or any other per- SEC. 805. PERMITTING. oped and finalized under subsections (e) and son. (f), respectively; (a) CRITICAL MINERALS WORKING GROUP.— SEC. 806. RECYCLING AND ALTERNATIVES. (3) identifies measures (including regu- (1) IN GENERAL.—There is established with- (a) ESTABLISHMENT.—The Secretary of En- in the Department of the Interior a working latory changes and legislative proposals) ergy shall conduct a program of research and group to be known as the ‘‘Critical Minerals that would optimize efficiencies, while main- development to promote the efficient pro- Working Group’’, which shall report to the taining environmental standards, associated duction, use, and recycling of, and alter- President and the applicable committees with the permitting of activities that will in- natives to, critical minerals. through the Secretary. crease exploration and development of do- (b) COOPERATION.—In carrying out the pro- mestic critical minerals; and (2) COMPOSITION.—The Working Group shall gram, the Secretary of Energy shall cooper- be composed of the following: (4) identifies options (including cost recov- ate with appropriate— (A) The Secretary of the Interior (or a des- ery paid by applicants) for ensuring adequate (1) Federal agencies and National Labora- ignee), who shall serve as chair of the Work- staffing of divisions, field offices, or other tories; ing Group. entities responsible for the consideration of (2) critical mineral producers; (B) A Presidential designee from the Exec- applications, operating plans, leases, li- (3) critical mineral manufacturers; utive Office of the President, who shall serve censes, permits, and other use authorizations (4) trade associations; as vice-chair of the Working Group. for critical mineral-related activities on (5) academic institutions; (C) The Secretary of Energy (or a des- Federal land. (6) small businesses; and (e) DRAFT PERFORMANCE METRIC.—Not ignee). (7) other relevant entities or individuals. later than 330 days after the date of enact- (D) The Secretary of Agriculture (or a des- (c) ACTIVITIES.—Under the program, the ment of this Act, and on completion of the ignee). Secretary of Energy shall carry out activi- report required under subsection (d), the (E) The Secretary of Defense (or a des- ties that include the identification and de- Working Group shall publish in the Federal ignee). velopment of— Register for public comment a draft descrip- (1) advanced critical mineral production or (F) The Secretary of Commerce (or a des- tion of a performance metric for evaluating ignee). processing technologies that decrease the en- the progress made by the executive branch of vironmental impact, and costs of production, (G) The Secretary of State (or a designee). the Federal Government on matters within (H) The United States Trade Representa- of such activities; the control of that branch towards opti- (2) techniques and practices that minimize tive (or a designee). mizing efficiencies, while maintaining envi- or lead to more efficient use of critical min- (I) The Administrator of the Environ- ronmental standards, associated with the erals; mental Protection Agency (or a designee). permitting of activities that will increase (3) techniques and practices that facilitate (J) The Chief of Engineers of the Corps of exploration and development of domestic the recycling of critical minerals, including Engineers (or a designee). critical minerals. options for improving the rates of collection (b) CONSULTATION.—The Working Group (f) FINAL PERFORMANCE METRIC.—Not later shall operate in consultation with private than 1 year after the date of enactment of of post-consumer products containing crit- sector, academic, and other applicable stake- this Act, and after consideration of any pub- ical minerals; holders with experience related to— lic comments received under subsection (e), (4) commercial markets, advanced storage (1) critical minerals exploration; the Working Group shall publish in the Fed- methods, energy applications, and other ben- (2) critical minerals permitting; eral Register a description of the final per- eficial uses of critical minerals processing (3) critical minerals production; and formance metric. byproducts; and (4) critical minerals manufacturing. (g) ANNUAL REPORT.—Not later than 2 (5) alternative minerals, metals, and mate- (c) DUTIES.—The Working Group shall— years after the date of enactment of this Act rials, particularly those available in abun- (1) facilitate Federal agency efforts to op- and annually thereafter, using the final per- dance within the United States and not sub- timize efficiencies associated with the performance metric under subsection (f), the ject to potential supply restrictions, that mitting of activities that will increase explo- Working Group shall submit to the applica- lessen the need for critical minerals. ration and development of domestic critical ble committees, as part of the budget request (d) REPORT.—Not later than 2 years after minerals, while maintaining environmental of the Department of the Interior for each the date of enactment of this Act and every standards; fiscal year, each report that— 5 years thereafter, the Secretaries shall sub- (2) facilitate Federal agency review of laws (1) describes the progress made by the ex- mit to the applicable committees a report (including regulations) and policies that dis- ecutive branch of the Federal Government summarizing the activities, findings, and courage investment in exploration and devel- on matters within the control of that branch progress of the program. opment of domestic critical minerals; towards optimizing efficiencies, while main- SEC. 807. ANALYSIS AND FORECASTING. (3) assess whether Federal policies ad- taining environmental standards, associated (a) CAPABILITIES.—In order to evaluate ex- versely impact the global competitiveness of with the permitting of activities that will in- isting critical mineral policies and inform the domestic critical minerals exploration crease exploration and development of do- future actions that may be taken to avoid and development sector (including taxes, mestic critical minerals; and supply shortages, mitigate price volatility, fees, regulatory burdens, and access restric- (2) compares the United States to other and prepare for demand growth and other tions); countries in terms of permitting efficiency, market shifts, the Secretary, in consultation (4) evaluate the sufficiency of existing environmental standards, and other criteria with academic institutions, the Energy In- mechanisms for the provision of tenure on relevant to a globally competitive economic formation Administration, and others in Federal land and the role of the mechanisms sector. order to maximize the application of existing

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(B) internships, scholarships, and fellow- foreign sources to meet those needs during ships for students enrolled in critical min- the preceding year; and SEC. 808. EDUCATION AND WORKFORCE. (a) WORKFORCE ASSESSMENT.—Not later eral programs; and (iii) the implications of any supply short- (C) equipment necessary for integrated ages, restrictions, or disruptions during the than 300 days after the date of enactment of this Act, the Secretary of Labor (in con- critical mineral innovation, training, and preceding year; workforce development programs. (E) the quantity of each critical mineral sultation with the Secretary of the Interior, the Director of the National Science Founda- (2) RENEWAL.—A grant under this sub- domestically recycled during the preceding section shall be renewable for up to 2 addi- year; tion, and employers in the critical minerals sector) shall submit to Congress an assess- tional 3-year terms based on performance (F) the market penetration during the pre- criteria outlined under subsection (b)(1)(D). ceding year of alternatives to each critical ment of the domestic availability of tech- mineral; nically trained personnel necessary for crit- SEC. 809. INTERNATIONAL COOPERATION. (G) a discussion of applicable international ical mineral assessment, production, manu- (a) ESTABLISHMENT.—The Secretary of trends associated with the discovery, produc- facturing, recycling, analysis, forecasting, State, in coordination with the Secretary, tion, consumption, use, costs of production, education, and research, including an anal- shall carry out a program to promote inter- prices, and recycling of each critical mineral ysis of— national cooperation on critical mineral sup- as well as the development of alternatives to (1) skills that are in the shortest supply as ply chain issues with allies of the United critical minerals; and of the date of the assessment; States. (H) such other data, analyses, and evalua- (2) skills that are projected to be in short (b) ACTIVITIES.—Under the program, the tions as the Secretary finds are necessary to supply in the future; Secretary of State may work with allies of achieve the purposes of this section; and (3) the demographics of the critical min- the United States— (2) a comprehensive forecast, entitled the erals industry and how the demographics (1) to increase the global, responsible pro- ‘‘Annual Critical Minerals Outlook’’, of pro- will evolve under the influence of factors duction of critical minerals, if a determina- jected critical mineral production, consump- such as an aging workforce; tion is made by the Secretary of State that tion, and recycling patterns, including— (4) the effectiveness of training and edu- there is no viable production capacity for the (A) the quantity of each critical mineral cation programs in addressing skills short- critical minerals within the United States; projected to be domestically produced over ages; (2) to improve the efficiency and environ- the subsequent 1-year, 5-year, and 10-year pe- (5) opportunities to hire locally for new mental performance of extraction tech- riods; and existing critical mineral activities; niques; (B) the quantity of each critical mineral (6) the sufficiency of personnel within rel- (3) to increase the recycling of, and deploy- projected to be domestically consumed over evant areas of the Federal Government for ment of alternatives to, critical minerals; the subsequent 1-year, 5-year, and 10-year pe- achieving the policy described in section (4) to assist in the development and trans- riods; 803(a); and fer of critical mineral extraction, processing, (C) market price projections for each crit- (7) the potential need for new training pro- and manufacturing technologies that would ical mineral, to the maximum extent prac- grams to have a measurable effect on the have a beneficial impact on world com- ticable and based on the best available infor- supply of trained workers in the critical modity markets and the environment; mation; minerals industry. (5) to strengthen and maintain intellectual (D) an assessment of— (b) CURRICULUM STUDY.— property protections; and (i) critical mineral requirements to meet (1) IN GENERAL.—The Secretary and the (6) to facilitate the collection of informa- projected national security, energy, eco- Secretary of Labor shall jointly enter into tion necessary for analyses and forecasts nomic, industrial, technological, and other an arrangement with the National Academy conducted pursuant to section 807. needs of the United States; of Sciences and the National Academy of En- SEC. 810. REPEAL, AUTHORIZATION, AND OFFSET. (ii) the projected reliance of the United gineering under which the Academies shall (a) REPEAL.— States on foreign sources to meet those coordinate with the National Science Foun- (1) IN GENERAL.—The National Critical Ma- needs; and dation on conducting a study— terials Act of 1984 (30 U.S.C. 1801 et seq.) is (iii) the projected implications of potential (A) to design an interdisciplinary program repealed. supply shortages, restrictions, or disrup- on critical minerals that will support the (2) CONFORMING AMENDMENT.—Section 3(d) tions; critical mineral supply chain and improve of the National Superconductivity and Com- (E) the quantity of each critical mineral the ability of the United States to increase petitiveness Act of 1988 (15 U.S.C. 5202(d)) is projected to be domestically recycled over domestic, critical mineral exploration, de- amended in the first sentence by striking ‘‘, the subsequent 1-year, 5-year, and 10-year pe- velopment, and manufacturing; with the assistance of the National Critical riods; (B) to address undergraduate and graduate Materials Council as specified in the Na- (F) the market penetration of alternatives education, especially to assist in the devel- tional Critical Materials Act of 1984 (30 to each critical mineral projected to take opment of graduate level programs of re- U.S.C. 1801 et seq.),’’. place over the subsequent 1-year, 5-year, and search and instruction that lead to advanced (b) AUTHORIZATION OF APPROPRIATIONS.— 10-year periods; degrees with an emphasis on the critical There is authorized to be appropriated to (G) a discussion of reasonably foreseeable mineral supply chain or other positions that carry out this title and the amendments international trends associated with the dis- will increase domestic, critical mineral ex- made by this title $30,000,000. covery, production, consumption, use, costs ploration, development, and manufacturing; (c) AUTHORIZATION OFFSET.—Section 207(c) of production, prices, and recycling of each (C) to develop guidelines for proposals from of the Energy Independence and Security Act critical mineral as well as the development institutions of higher education with sub- of 2007 (42 U.S.C. 17022(c)) is amended by in- of alternatives to critical minerals; and stantial capabilities in the required dis- serting before the period at the end the fol- (H) such other projections relating to each ciplines to improve the critical mineral sup- lowing: ‘‘, except that the amount authorized critical mineral as the Secretary determines ply chain and advance the capacity of the to be appropriated to carry out this section

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.055 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4958 CONGRESSIONAL RECORD — SENATE July 24, 2014 not appropriated as of the date of enactment (A) the agreement entitled ‘‘Memorandum gard to amounts described in clause (ii), be of the Domestic Energy and Jobs Act shall of Agreement between the Department of De- limited to $10,000,000,000 based on the plan be reduced by $30,000,000’’. fense and the Department of the Interior on years beginning in 2014, $6,000,000,000 based TITLE IX—MISCELLANEOUS Mutual Concerns on the Outer Continental on the plan years beginning in 2015, and SEC. 901. LIMITATION ON TRANSFER OF FUNC- Shelf’’ signed July 20, 1983; and $4,000,000,000 based on the plan years begin- TIONS UNDER THE SOLID MINERALS (B) any revision to, or replacement of, the ning in 2016;’’; LEASING PROGRAM. agreement described in subparagraph (A) (v) in clause (v), as so redesignated, by The Secretary of the Interior may not that is agreed to by the Secretary of Defense striking ‘‘clause (iii)’’ each place that such transfer to the Office of Surface Mining Rec- and the Secretary of the Interior after July term appears and inserting ‘‘clause (iv)’’; lamation and Enforcement any responsi- 20, 1983, but before the date of issuance of the (vi) by inserting after clause (v), the fol- bility or authority to perform any function lease under which the exploration, develop- lowing: performed on the day before the date of en- ment, or production is conducted. ‘‘(vi) in addition to the contribution actment of this Act under the solid minerals (3) NATIONAL DEFENSE AREAS.—The United amounts under clauses (iii), (iv), and (v), leasing program of the Department of the In- States reserves the right to designate by and each issuer’s contribution amount— terior, including— through the Secretary of Defense, with the ‘‘(I) shall reflect its proportionate share of (1) any function under— approval of the President, national defense an additional $20,300,000 for operational ex- (A) sections 2318 through 2352 of the Re- areas on the outer Continental Shelf under penses for reinsurance payments for calendar vised Statutes (commonly known as the section 12(d) of the Outer Continental Shelf year 2014 and for reinsurance collections for ‘‘Mining Law of 1872’’) (30 U.S.C. 21 et seq.); Lands Act (43 U.S.C. 1341(d)). calendar year 2018; (B) the Act of July 31, 1947 (commonly SEC. 904. LIMITATION ON AUTHORITY TO ISSUE ‘‘(II) shall reflect its proportionate share of known as the ‘‘Materials Act of 1947’’) (30 REGULATIONS MODIFYING THE operational expenses for reinsurance pay- U.S.C. 601 et seq.); STREAM ZONE BUFFER RULE. ments for calendar year 2015 and for reinsur- (C) the Mineral Leasing Act (30 U.S.C. 181 The Secretary of the Interior may not, be- ance collections for calendar year 2019; and et seq.); or fore December 31, 2013, issue a regulation ‘‘(III) shall reflect its proportionate share (D) the Mineral Leasing Act for Acquired modifying the final rule entitled ‘‘Excess of operational expenses for reinsurance pay- Lands (30 U.S.C. 351 et seq.); Spoil, Coal Mine Waste, and Buffers for Pe- ments for calendar year 2016 and for reinsur- (2) any function relating to management of rennial and Intermittent Streams’’ (73 Fed. ance collections for calendar year 2020; and Reg. 75814 (December 12, 2008)). mineral development on Federal land and ac- ‘‘(vii) collection of the contribution quired land under section 302 of the Federal Mr. KIRK submitted an amounts provided for in clauses (ii) through SA 3671. (vi) shall be initiated— Land Policy and Management Act of 1976 (43 amendment intended to be proposed by U.S.C. 1732); and ‘‘(I) for calendar year 2014, not earlier than (3) any function performed under the min- him to the bill S. 2569, to provide an in- January 1, 2018; ing law administration program of the Bu- centive for businesses to bring jobs ‘‘(II) for calendar year 2015, not earlier reau of Land Management. back to America; which was ordered to than January 1, 2019; and SEC. 902. AMOUNT OF DISTRIBUTED QUALIFIED lie on the table; as follows: ‘‘(III) for calendar year 2016, not earlier OUTER CONTINENTAL SHELF REVE- At the appropriate place, insert the fol- than January 1, 2020.’’; NUES. lowing: (4) in paragraph (4)— Section 105(f)(1) of the Gulf of Mexico En- SEC. ll. SHIFT IN THE COLLECTION OF THE (A) in subparagraph (A)— ergy Security Act of 2006 (43 U.S.C. 1331 note; PAYMENT FOR THE TRANSITIONAL (i) by striking ‘‘contribution amounts col- Public Law 109–432) is amended by striking REINSURANCE PROGRAM. lected for any calendar year’’ and inserting ‘‘2055’’ and inserting ‘‘2025, and shall not ex- (a) IN GENERAL.—Section 1341(b) of the Pa- ‘‘amount provided under paragraph (5) for re- ceed $750,000,000 for each of fiscal years 2026 tient Protection and Affordable Care Act (42 insurance payments described in paragraph through 2055’’. U.S.C. 18061(b)) is amended— (1)(C)’’; and SEC. 903. LEASE SALE 220 AND OTHER LEASE (1) in paragraph (1)— (ii) by striking ‘‘; and’’ and inserting a pe- SALES OFF THE COAST OF VIRGINIA. (A) in subparagraph (A)— riod; (a) INCLUSION IN LEASING PROGRAMS.—The (i) by inserting ‘‘beginning on January 1, (B) by striking subparagraph (B); Secretary of the Interior shall— 2018,’’ after ‘‘required to make payments’’; (C) by striking ‘‘that—’’ and all that fol- (1) as soon as practicable after, but not and lows through ‘‘the contribution’’ in subpara- later than 10 days after, the date of enact- (ii) by striking ‘‘any plan year beginning in graph (A) and inserting ‘‘that the contribu- ment of this Act, revise the proposed outer the 3-year period’’ and all that follows tion’’; and Continental Shelf oil and gas leasing pro- through the end and inserting ‘‘payments (D) in the flush matter at the end, by gram for the 2012–2017 period to include in made under subparagraph (C) (as specified in striking ‘‘paragraph (3)(B)(iv)’’ and inserting the program Lease Sale 220 off the coast of paragraph (3));’’ the following: ‘‘paragraph (3)(B)(v) and any Virginia; and (B) in subparagraph (B), by striking ‘‘and amounts collected under clauses (ii) of para- (2) include the outer Continental Shelf off uses’’ and all that follows through the period graph (3)(B) that, when combined with the the coast of Virginia in the leasing program and inserting ‘‘; and’ ’’ and funding provided for under paragraph (5), ex- for each 5-year period after the 2012–2017 pe- (C) by adding at the end the following: ceed the aggregate amount permitted for riod. ‘‘(C) the applicable reinsurance entity making the reinsurance payments described (b) CONDUCT OF LEASE SALE.—As soon as makes reinsurance payments to health in- in paragraph (1)(C) and to fund the oper- practicable, but not later than 1 year, after surance issuers described in subparagraph ational expenses of applicable reinsurance the date of enactment of this Act, the Sec- (A) that cover high risk individuals in the in- entities,’’; and retary of the Interior shall carry out under dividual market (excluding grandfathered (5) by adding at the end the following: section 8 of the Outer Continental Shelf health plans) for any plan year beginning in ‘‘(5) FUNDING.—To carry out this section, Lands Act (43 U.S.C. 1337) Lease Sale 220. the 3-year period beginning January 1, 2014, there is appropriated, out of any money in (c) BALANCING MILITARY AND ENERGY PRO- in an aggregate amount of up to the total of the Treasury not otherwise appropriated, an DUCTION GOALS.— the aggregate contribution amounts de- amount equal to the aggregate amount to be (1) JOINT GOALS.—In recognition that the scribed in paragraph (3)(B)(iv), subject to collected for plan years beginning in 2014 set outer Continental Shelf oil and gas leasing paragraph (4).’’; forth in paragraph (3)(B)(iv) for reinsurance program and the domestic energy resources (2) in paragraph (2), by striking ‘‘paragraph payments described in paragraph (1)(C), and produced under that program are integral to (1)(B)’’ and inserting ‘‘paragraph (1)(C)’’; an amount equal to the contribution national security, the Secretary of the Inte- (3) in paragraph (3)— amounts set forth in paragraph (3)(B)(vi) to rior and the Secretary of Defense shall work (A) in subparagraph (A), by striking ‘‘2014’’ fund operational expenses of applicable rein- jointly in implementing this section— and inserting ‘‘2018’’; and surance entities.’’. (A) to preserve the ability of the Armed (B) in subparagraph (B)— (b) RULE OF CONSTRUCTION.—Nothing in the Forces to maintain an optimum state of (i) in clause (ii), by striking ‘‘administra- amendments made by this section shall be readiness through their continued use of en- tive’’ and inserting ‘‘operational’’; construed to increase the amount of pay- ergy resources of the outer Continental (ii) by redesignating clauses (iii) and (iv) as ments to be collected under subsection Shelf; and clauses (iv) and (v), respectively; (b)(1)(A) or to decrease the amount of the re- (B) to allow effective exploration, develop- (iii) by inserting after clause (ii), the fol- insurance payments to be made under sub- ment, and production of the oil, gas, and re- lowing: section (b)(1)(C) of section 1341 of the Patient newable energy resources of the United ‘‘(iii) the aggregate contribution amount Protection and Affordable Care Act (42 States. for all States shall be based on the total U.S.C. 18061). (2) PROHIBITION ON CONFLICTS WITH MILI- amount of reinsurance payments made under (c) MEDICAL LOSS RATIO.—The Secretary of TARY OPERATIONS.—No person may engage in paragraph (1)(C);’’; Health and Human Services shall promulgate any exploration, development, or production (iv) by striking clause (iv), as so redesig- regulations or guidance to ensure that of oil or natural gas off the coast of Virginia nated, and inserting the following: health insurance issuers reflect changes that would conflict with any military oper- ‘‘(iv) the aggregate contribution amount made in section 1341 of the Patient Protec- ation, as determined in accordance with— collected under clause (iii) shall, without re- tion and Affordable Care Act with section

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2718 of the Public Health Service Act (42 Star labels and operating the America Star (i) OFFSETTING COLLECTIONS.— U.S.C.1 300gg-18) and sections 1342 and 1312(c) Program, the Secretary shall consult with (1) IN GENERAL.—The Secretary may col- of the Patient Protection and Affordable the Federal Trade Commission to ensure lect reasonable fees from— Care Act (42 U.S.C. 18063 and 18032(c)). consistency with the requirements enforced (A) manufacturers that apply for certifi- by the Commission with respect to represen- cation of products as meeting the standards SA 3672. Mr. PRYOR submitted an tations of the extent to which products are of America Star labels; and amendment intended to be proposed by manufactured in the United States. (B) manufacturers of products for which him to the bill S. 2569, to provide an in- (2) SENSE OF CONGRESS ON CONSULTATION such certifications are in effect. centive for businesses to bring jobs WITH PRIVATE-SECTOR COMPANIES.—It is the (2) ACCOUNT.—The fees collected under back to America; which was ordered to sense of Congress that, in establishing Amer- paragraph (1) shall be credited to the ac- lie on the table; as follows: ica Star labels and operating the America count that incurs the cost of the certifi- Star Program, the Secretary should consult At the end, add the following: cation services provided under this section. with private-sector companies that have de- (3) USE.—The fees collected under para- SEC. 4. AMERICA STAR PROGRAM. veloped labeling programs to verify or cer- graph (1) shall be available to the Secretary, (a) IN GENERAL.—The Secretary of Com- tify to consumers the extent to which prod- without further appropriation or fiscal-year merce shall establish a voluntary program, ucts are manufactured in the United States. to be known as the ‘‘America Star Pro- limitation, to pay the expenses of the Sec- (f) PROHIBITED CONDUCT.—Unless a certifi- retary incurred in providing certification gram’’, under which manufacturers may cation by the Secretary that a product meets have products certified as meeting the stand- services under this section. the standards of an America Star label is in (j) DEFINITIONS.—In this section: ards of labels that indicate to consumers the effect, a person may not— (1) AMERICA STAR LABEL.—The term extent to which the products are manufac- (1) place such label on such product; tured in the United States. ‘‘America Star label’’ means a label de- (2) use such label in any marketing mate- scribed in subsection (a) and established by (b) ESTABLISHMENT OF LABELS.— rials for such product; or (1) IN GENERAL.—Not later than 2 years the Secretary under subsection (b)(1). (3) in any other way represent that such (2) AMERICA STAR PROGRAM.—The term after the date of the enactment of this Act, product meets, or is certified as meeting, the the Secretary shall, by rule— ‘‘America Star Program’’ means the vol- standards of such label. untary labeling program established under (A) design America Star labels that are NFORCEMENT.— (g) E this section. consistent with public perceptions of the (1) CIVIL PENALTY.—Any person who know- (3) SECRETARY.—The term ‘‘Secretary’’ meaning of descriptions of the extent to ingly violates subsection (f) shall be subject means the Secretary of Commerce. which a product is manufactured in the to a civil penalty of not more than $10,000. United States; and (2) INELIGIBILITY.— (B) specify the standards that a product SA 3673. Mr. PRYOR submitted an (A) IN GENERAL.—Except as provided in amendment intended to be proposed by shall meet in order to bear a particular subparagraph (C), if the Secretary deter- America Star label. mines that a manufacturer— him to the bill S. 2569, to provide an in- (c) CERTIFICATION OF PRODUCTS.— (i) has made a false statement to the Sec- centive for businesses to bring jobs (1) APPLICATION PROCEDURES.—A manufac- retary in connection with the America Star back to America; which was ordered to turer that wishes to have a product certified Program; lie on the table; as follows: as meeting the standards of an America Star (ii) knowing, or having reason to know, label may apply to the Secretary for certifi- At the appropriate place, insert the fol- that a product does not meet the standards cation in accordance with such procedures as lowing: of an America Star label— the Secretary shall establish by rule. SEC. llll. PERMANENT EXTENSION OF NEW (I) has placed such label on such product; MARKETS TAX CREDIT. (2) ACTION BY SECRETARY.—Not later than (II) has used such label in any marketing such time after receiving an application for (a) EXTENSION.— materials for such product; or certification under paragraph (1) as the Sec- (1) IN GENERAL.—Subparagraph (G) of sec- (III) in any other way has represented that retary determines reasonable by rule, the tion 45D(f)(1) of the Internal Revenue Code of such product meets or is certified as meeting Secretary shall— 1986 is amended by striking ‘‘, 2011, 2012, and the standards of such label; or (A) determine whether the product de- 2013’’ and inserting ‘‘and each calendar year (iii) has otherwise violated the purposes of scribed in the application meets the stand- thereafter’’. ards of the requested America Star label; the America Star Program; (2) CONFORMING AMENDMENT.—Section (B) if the product meets such standards, the Secretary may not, for a period of 5 45D(f)(3) of such Code is amended by striking certify the product; and years after the conduct described in clause the last sentence. (C) notify the manufacturer of the deter- (i), (ii), or (iii), certify the product to which (b) INFLATION ADJUSTMENT.—Subsection (f) mination and whether the product has been such conduct relates as meeting the stand- of section 45D of the Internal Revenue Code certified. ards of an America Star label. of 1986 is amended by adding at the end the (d) MONITORING; WITHDRAWAL OF CERTIFI- (B) EFFECT ON EXISTING CERTIFICATION.—In following new paragraph: CATION.— the case of a product with respect to which, ‘‘(4) INFLATION ADJUSTMENT.— (1) MONITORING.—The Secretary shall con- at the time of the determination of the Sec- ‘‘(A) IN GENERAL.—In the case of any cal- duct such monitoring and compliance review retary under subparagraph (A), there is in ef- endar year beginning after 2013, the dollar as the Secretary considers necessary— fect a certification by the Secretary that the amount in paragraph (1)(G) shall be in- (A) to detect violations of subsection (f); product meets the standards of an America creased by an amount equal to— and Star label— ‘‘(i) such dollar amount, multiplied by (B) to ensure that products certified as (i) if the product continues to meet such ‘‘(ii) the cost-of-living adjustment deter- meeting the standards of America Star la- standards, the Secretary may either with- mined under section 1(f)(3) for the calendar bels continue to meet such standards. draw the certification or allow the certifi- year, determined by substituting ‘calendar (2) WITHDRAWAL OF CERTIFICATION.— cation to continue in effect, as the Secretary year 2000’ for ‘calendar year 1992’ in subpara- (A) ON INITIATIVE OF SECRETARY.—If the considers appropriate; and graph (B) thereof. Secretary determines that a product cer- (ii) if the product no longer meets such ‘‘(B) ROUNDING RULE.—Any increase under tified as meeting the standards of an Amer- standards, the Secretary shall withdraw the subparagraph (A) which is not a multiple of ica Star label no longer meets such stand- certification. $1,000,000 shall be rounded to the nearest ards, the Secretary shall— (C) WAIVER.—Notwithstanding subpara- multiple of $1,000,000.’’. (i) notify the manufacturer of the deter- graph (A), the Secretary may waive or re- (c) ALTERNATIVE MINIMUM TAX RELIEF.— mination and any corrective action that duce the period referred to in such subpara- Subparagraph (B) of section 38(c)(4) of the In- would enable the product to meet such graph if the Secretary determines that the ternal Revenue Code of 1986 is amended— standards; and waiver or reduction is in the best interests of (1) by redesignating clauses (v) through (ix) (ii) if the manufacturer does not take such the America Star Program. as clauses (vi) through (x), respectively, and action within such time after receiving noti- (h) ADMINISTRATIVE APPEAL.— (2) by inserting after clause (iv) the fol- fication under clause (i) as the Secretary de- (1) EXPEDITED APPEALS PROCEDURE.—The lowing new clause: termines reasonable by rule, the Secretary Secretary shall establish an expedited ad- ‘‘(v) the credit determined under section shall withdraw the certification of the prod- ministrative appeals procedure under which 45D, but only with respect to credits deter- uct and notify the manufacturer of the with- persons may appeal an action of the Sec- mined with respect to qualified equity in- drawal. retary under this section that— vestments (as defined in section 45D(b)) ini- (B) AT REQUEST OF MANUFACTURER.—At the (A) adversely affects such person; or tially made before January 1, 2014,’’. request of the manufacturer of a product, the (B) is inconsistent with the America Star (d) EFFECTIVE DATES.— Secretary shall withdraw the certification of Program. (1) IN GENERAL.—Except as provided in the product and notify the manufacturer of (2) APPEAL OF FINAL DECISION.—A final de- paragraph (2), the amendments made by this the withdrawal. cision of the Secretary under paragraph (1) section shall take effect on the date of the (e) CONSULTATION.— may be appealed to the United States dis- enactment of this Act. (1) REQUIRED CONSULTATION WITH FEDERAL trict court for the district in which the per- (2) ALTERNATIVE MINIMUM TAX RELIEF.—The TRADE COMMISSION.—In establishing America son is located. amendments made by subsection (c) shall

VerDate Mar 15 2010 06:10 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.057 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4960 CONGRESSIONAL RECORD — SENATE July 24, 2014 apply to credits determined with respect to containing such information as the Sec- later than 30 days after the date on which qualified equity investments (as defined in retary may require. Once the program is the Secretary awarded the grant. The total section 45D(b) of the Internal Revenue Code operational, any State may apply for a grant amount of grants awarded under this proof 1986) initially made after the date of the on an ongoing basis, until funds are ex- gram may not exceed $100,000,000. enactment of this Act. hausted. The Secretary may also establish a (d) LOANS AND LOAN GUARANTEES FROM process for pre-clearing applications from STATES TO CORPORATIONS.— SA 3674. Mr. WARNER (for himself States. The Secretary shall notify all States (1) IN GENERAL.—Amounts received by a and Mr. PRYOR) submitted an amend- of this grant opportunity once the program State under the program shall be used to ment intended to be proposed by him is operational. All information about the provide assistance to an eligible entity to lo- to the bill S. 2569, to provide an incen- program and the State application process cate an eligible facility in a rural or dis- tive for businesses to bring jobs back must be online and must be in a format that tressed area of the State. is easily understood and is widely accessible. (2) LOANS AND LOAN GUARANTEES.—A State to America; which was ordered to lie (B) ELEMENTS.—Each application sub- receiving a grant under the program may on the table; as follows: mitted by a State under subparagraph (A) provide assistance under paragraph (1) in the At the appropriate place, insert the fol- shall include— form of— lowing: (i) a description of the eligible entity the (A) a single loan to a single eligible entity SEC. llll. INBOUND INVESTMENT PROGRAM State proposes to assist in locating an eligi- as described in paragraph (1) to cover the TO RECRUIT JOBS TO THE UNITED ble facility in a rural or distressed area of costs incurred by the eligible entity in locat- STATES. the State; ing the eligible facility as described in such (a) DEFINITIONS.—In this section: (ii) a description of such facility, including paragraph; or (1) DISTRESSED.—The term ‘‘distressed’’, the number of high-value jobs relating to (B) a single loan guarantee to a financial with respect to an area, means an area in the such facility; institution making a single loan to a single United States that, on the date on which the (iii) a description of such rural or dis- eligible entity as described in paragraph (1) program is established under subsection (b)— tressed area; to cover the costs incurred by the eligible (A) is included in the most recent classi- (iv) a description of the resources of the entity in locating the eligible facility as de- fication of labor surplus areas by the Sec- State that the State has committed to as- scribed in such paragraph. retary of Labor; and sisting such corporation in locating such fa- (3) TERMS AND CONDITIONS.—Each loan or (B) has an unemployment rate equal to or cility, including tax incentives provided, loan guarantee provided under paragraph (2) great than 110 percent of the unemployment bonding authority exercised, and land grant- shall have a term of 5 years and shall bear rate of the United States. ed; and interest at rates equal to the Federal long- (2) ELIGIBLE ENTITY.—The term ‘‘eligible (v) such other elements as the Secretary term rate under section 1274(d)(1)(C) of the entity’’ means an entity that employs not considers appropriate. Internal Revenue Code of 1986. fewer than 50 full-time equivalent employees (C) NOTICE.—As soon as practicable after (4) AMOUNT.—The amount of a loan or loan in high-value jobs. establishing the program under subsection guarantee issued to an eligible entity under (3) ELIGIBLE FACILITY.—The term ‘‘eligible (b), the Secretary shall notify all States of the program for the location of an eligible facility’’ means a facility at which— the grants available under the program and facility shall be an amount equal to not (A) an eligible entity employs not fewer the process for applying for such grants. more than $5,000 per full-time equivalent em- than 50 full-time equivalent employees in (D) ONLINE SUBMISSION OF APPLICATIONS.— ployee to be employed at such facility. high-value jobs; The Secretary shall establish a mechanism (5) REPAYMENT.—Repayment of a loan (B) with respect to a rural or distressed for the electronic submission of applications issued by a State to an eligible entity under area, the mean of the wages provided by the under subparagraph (A). Such mechanism the program shall be repaid in accordance eligible entity to individuals employed at shall utilize an Internet website and all in- with such schedule as the State shall estab- such facility is greater than the mean wage formation on such website shall be in a for- lish in accordance with such rules as the for the county in which the rural or dis- mat that is easily understood and widely ac- Secretary shall prescribe for purposes of the tressed area is located; and cessible. program. Such rules shall provide for the fol- (C) derives at least the majority of its rev- (E) CONFIDENTIALITY.—The Secretary may lowing: enues from— not make public any information submitted (A) Forgiveness of all or a portion of the (i) goods production; or by a State to the Secretary under this para- loan, the amount of such forgiveness depend- (ii) providing product design, engineering, graph regarding the efforts of such State to ing upon the following: marketing, or information technology serv- assist an eligible entity in locating an eligi- (i) The performance of the borrower. ices. ble facility in such State without the express (ii) The number or quality of the jobs at (4) HIGH-VALUE JOB DEFINED.—The term consent of the State. the facility located under the program. ‘‘high-value job’’ means a job that— (3) SELECTION.—The Secretary shall award (B) Repayment of principal or interest, if (A) exists within an eligible facility; and grants under the program on a competitive any, at the end of the term of the loan. (B) has a North American Industrial Clas- basis to States that— (e) ASSESSMENT AND RECOMMENDATIONS.— sification that corresponds with manufac- (A) the Secretary determines are most (1) ONGOING ASSESSMENT.—The Secretary turing, software publishers, computer sys- likely to succeed with a grant under the pro- shall conduct an ongoing assessment of the tems design, or related codes, and is higher gram in assisting an eligible entity in locat- program. than the mean hourly wage in the country. ing an eligible facility in a rural or dis- (2) RECOMMENDATIONS.—The Secretary may (5) RURAL.—The term ‘‘rural’’, with respect tressed area; submit to Congress recommendations for to an area, means any area in the United (B) if successful in assisting an eligible en- such legislative action as the Secretary con- States which, as confirmed by the latest de- tity as described in subparagraph (A), will siders appropriate to improve the program, cennial census, is not located within— create the greatest number of high-value including with respect to any findings of the (A) a city or town that has a population of jobs in rural or distressed areas; Secretary derived by comparing the program greater than 50,000 inhabitants; or (C) have committed significant resources, established under subsection (b) with the (B) an urbanized area contiguous and adja- to the extent of their ability as determined programs and policies of governments of cent to a city or town described in subpara- by the Secretary, to assisting eligible enti- other countries used to recruit high-value graph (A). ties in locating eligible facilities in a rural jobs. (b) PROGRAM REQUIRED.—Not later than 180 or distressed areas; or days after the date of the enactment of this (D) meet such other criteria as the Sec- SA 3675. Mr. BARRASSO submitted Act, the Secretary of Commerce shall estab- retary considers appropriate, including cri- an amendment intended to be proposed lish a program to award grants to States teria relating to marketing plans, benefits to by him to the bill S. 2569, to provide an that are recruiting high-value jobs. Grants ongoing regional or State strategies for eco- incentive for businesses to bring jobs awarded under this section may be used to nomic development, and job growth. back to America; which was ordered to issue forgivable loans to eligible entities (4) LIMITATION ON COMPETITION BETWEEN lie on the table; as follows: that are deciding whether to locate eligible STATES.—The Secretary may not award a At the end of the bill, add the following: facilities in the United States to assist such grant to a State under the program to assist entities in locating such facilities in rural or an eligible entity— TITLE II—WATER SUPPLY PERMITTING distressed areas. (A) in locating an eligible facility in such COORDINATION (c) FEDERAL GRANTS TO STATES.— State if another State is already seeking to SEC. 201. SHORT TITLE. (1) IN GENERAL.—The Secretary shall carry assist such eligible entity in locating such This title may be cited as the ‘‘Water Sup- out the program through the award of grants eligible facility in such other State; or ply Permitting Coordination Act’’. to States to provide loans and loan guaran- (B) from relocating an eligible facility SEC. 202. DEFINITIONS. tees described in subsection (d). from one State to another State. In this title: (2) APPLICATION.— (5) AVAILABILITY OF GRANT AMOUNTS.—For (1) BUREAU.—The term ‘‘Bureau’’ means (A) IN GENERAL.—A State seeking a grant each grant awarded to a State under the pro- the Bureau of Reclamation. under the program shall submit an applica- gram, the Secretary shall make available to (2) COOPERATING AGENCIES.—The term ‘‘co- tion to the Secretary in such manner and such State the amount of such grant not operating agency’’ means a Federal agency

VerDate Mar 15 2010 06:10 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.057 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4961 with jurisdiction over a review, analysis, projects not later than 30 days after receipt qualifying project, all cooperating agencies opinion, statement, permit, license, or other of a proposal and facilitate a preapplication shall submit to the Bureau a timeframe approval or decision required for a qualifying meeting for prospective applicants, relevant under which the cooperating agency reason- project under applicable Federal laws and Federal and State agencies, and Indian tribes ably considers it will be able to complete its regulations, or a State agency subject to sec- to— authorizing responsibilities. The Bureau tion 203(c). (A) explain applicable processes, data re- shall use the timeframe submitted under this (3) QUALIFYING PROJECTS.—The term quirements, and applicant submissions nec- subsection to establish the project schedule ‘‘qualifying projects’’ means new surface essary to complete the required Federal under section 204, and the cooperating agen- water storage projects constructed on lands agency reviews within the timeframe estab- cies shall adhere to the project schedule es- administered by the Department of the Inte- lished; and tablished by the Bureau. rior or the Department of Agriculture, exclu- (B) establish the schedule for the quali- (b) ENVIRONMENTAL RECORD.—Cooperating sive of any easement, right-of-way, lease, or fying project. agencies shall submit to the Bureau all envi- any private holding. (2) CONSULTATION WITH COOPERATING AGEN- ronmental review material produced or com- (4) SECRETARY.—The term ‘‘Secretary’’ CIES.—Consult with the cooperating agencies piled in the course of carrying out activities means the Secretary of the Interior. throughout the Federal agency review proc- required under Federal law consistent with SEC. 203. ESTABLISHMENT OF LEAD AGENCY AND ess, identify and obtain relevant data in a the project schedule established by the Bu- COOPERATING AGENCIES. timely manner, and set necessary deadlines reau. (a) ESTABLISHMENT OF LEAD AGENCY.—The for cooperating agencies. (c) DATA SUBMISSION.—To the extent prac- Bureau of Reclamation is established as the (3) SCHEDULE.—Work with the qualifying ticable and consistent with Federal law, the lead agency for purposes of coordinating all project applicant and cooperating agencies cooperating agencies shall submit all rel- reviews, analyses, opinions, statements, per- to establish a project schedule. In estab- evant project data to the Bureau in a gen- mits, licenses, or other approvals or deci- lishing the schedule, the Bureau shall con- erally accessible electronic format subject to sions required under Federal law to consider, among other factors— the project schedule set forth by the Bureau. struct qualifying projects. (A) the responsibilities of cooperating SEC. 206. FUNDING TO PROCESS PERMITS. (b) IDENTIFICATION AND ESTABLISHMENT OF agencies under applicable laws and regula- (a) IN GENERAL.—The Secretary, after pub- COOPERATING AGENCIES.—The Commissioner tions; lic notice in accordance with the Adminis- of the Bureau shall— (B) the resources available to the cooper- trative Procedures Act (5 U.S.C. 553), may (1) identify, as early as practicable upon ating agencies and the non-Federal quali- accept and expend funds contributed by a receipt of an application for a qualifying fying project sponsor, as applicable; non-Federal public entity to expedite the project, any Federal agency that may have (C) the overall size and complexity of the evaluation of a permit of that entity related jurisdiction over a review, analysis, opinion, qualifying project; to a qualifying project or activity for a pub- statement, permit, license, approval, or deci- (D) the overall schedule for and cost of the lic purpose under the jurisdiction of the De- qualifying project; and sion required for a qualifying project under partment of the Interior. (E) the sensitivity of the natural and his- applicable Federal laws and regulations; and (b) EFFECT ON PERMITTING.— toric resources that may be affected by the (2) notify any such agency, within a rea- (1) IN GENERAL.—In carrying out this sec- qualifying project. sonable timeframe, that the agency has been tion, the Secretary shall ensure that the use (4) ENVIRONMENTAL COMPLIANCE.—Prepare a designated as a cooperating agency in re- of funds accepted under subsection (a) will unified environmental review document for gards to the qualifying project unless that not impact impartial decisionmaking with each qualifying project application, incor- agency responds to the Bureau in writing, respect to permits, either substantively or porating a single environmental record on within a timeframe set forth by the Bureau, procedurally. which all cooperating agencies with author- (2) EVALUATION OF PERMITS.—In carrying notifying the Bureau that the agency— ity to issue approvals for a given qualifying (A) has no jurisdiction or authority with out this section, the Secretary shall ensure project shall base project approval decisions. that the evaluation of permits carried out respect to the qualifying project; Help ensure that cooperating agencies make (B) has no expertise or information rel- using funds accepted under this section necessary decisions, within their respective shall— evant to the qualifying project or any re- authorities, regarding Federal approvals in view, analysis, opinion, statement, permit, (A) be reviewed by the Regional Director of accordance with the following timelines: the Bureau of Reclamation, or the Regional license, or other approval or decision associ- (A) Not later than one year after accept- ated therewith; or Director’s designee, of the region in which ance of a completed project application when the qualifying project or activity is located; (C) does not intend to submit comments on an environmental assessment and finding of the qualifying project or conduct any review and no significant impact is determined to be the (B) use the same procedures for decisions of such a project or make any decision with appropriate level of review under the Na- respect to such project in a manner other that would otherwise be required for the tional Environmental Policy Act of 1969 (42 evaluation of permits for similar projects or than in cooperation with the Bureau. U.S.C. 4321 et seq.). (c) STATE AUTHORITY.—A State in which a activities not carried out using funds author- (B) Not later than one year and 30 days ized under this section. qualifying project is being considered may after the close of the public comment period choose, consistent with State law— (3) IMPARTIAL DECISIONMAKING.—In car- for a draft environmental impact statement rying out this section, the Secretary and the (1) to participate as a cooperating agency; under the National Environmental Policy and cooperating agencies receiving funds under Act of 1969 (42 U.S.C. 4321 et seq.), when an this section for qualifying projects shall en- (2) to make subject to the processes of this environmental impact statement is required title all State agencies that— sure that the use of the funds accepted under under the same. this section for such projects shall not— (A) have jurisdiction over the qualifying (5) CONSOLIDATED ADMINISTRATIVE project; (A) impact impartial decisionmaking with RECORD.—Maintain a consolidated adminis- respect to the issuance of permits, either (B) are required to conduct or issue a re- trative record of the information assembled view, analysis, or opinion for the qualifying substantively or procedurally; or and used by the cooperating agencies as the (B) diminish, modify, or otherwise affect project; or basis for agency decisions. (C) are required to make a determination the statutory or regulatory authorities of (6) PROJECT DATA RECORDS.—To the extent such agencies. on issuing a permit, license, or approval for practicable and consistent with Federal law, the water resource project. (c) LIMITATION ON USE OF FUNDS.—None of ensure that all project data is submitted and the funds accepted under this section shall SEC. 204. BUREAU RESPONSIBILITIES. maintained in generally accessible electronic be used to carry out a review of the evalua- (a) IN GENERAL.—The principal responsibil- format, compile, and where authorized under tion of permits required under subsection ities of the Bureau under this title are to— existing law, make available such project (b)(2)(A). (1) serve as the point of contact for appli- data to cooperating agencies, the qualifying (d) PUBLIC AVAILABILITY.—The Secretary cants, State agencies, Indian tribes, and oth- project applicant, and to the public. shall ensure that all final permit decisions ers regarding proposed projects; (7) PROJECT MANAGER.—Appoint a project carried out using funds authorized under this (2) coordinate preparation of unified envi- manager for each qualifying project. The section are made available to the public, in- ronmental documentation that will serve as project manager shall have authority to cluding on the Internet. the basis for all Federal decisions necessary oversee the project and to facilitate the to authorize the use of Federal lands for issuance of the relevant final authorizing SA 3676. Mr. BARRASSO submitted qualifying projects; and documents, and shall be responsible for en- an amendment intended to be proposed (3) coordinate all Federal agency reviews suring fulfillment of all Bureau responsibil- by him to the bill S. 2569, to provide an necessary for project development and con- ities set forth in this section and all cooper- incentive for businesses to bring jobs struction of qualifying projects. ating agency responsibilities under section back to America; which was ordered to (b) COORDINATION PROCESS.—The Bureau 205. shall have the following coordination respon- SEC. 205. COOPERATING AGENCY RESPONSIBIL- lie on the table; as follows: sibilities: ITIES. At the end, add the following: (1) PRE-APPLICATION COORDINATION.—Notify (a) ADHERENCE TO BUREAU SCHEDULE.— SEC. lll. NATIONAL ENERGY TAX REPEAL. cooperating agencies of proposed qualifying Upon notification of an application for a (a) FINDINGS AND PURPOSES.—

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(1) FINDINGS.—Congress finds that— At the end, add the following: (b) SECURITIES EXCHANGE ACT AMEND- (A) on June 25, 2013, President Obama SEC. lll. IDENTIFICATION OF WATERS PRO- MENT.—Section 15F(e) of the Securities Ex- issued a Presidential memorandum directing TECTED BY THE CLEAN WATER ACT. change Act of 1934 (15 U.S.C. 78o–10(e)), as the Administrator of the Environmental (a) IN GENERAL.—Neither the Secretary of added by section 764(a) of the Dodd-Frank Protection Agency to issue regulations relat- the Army nor the Administrator of the Envi- Wall Street Reform and Consumer Protec- ing to power sector carbon pollution stand- ronmental Protection Agency shall— tion Act, is amended by adding at the end ards for existing coal fired power plants; (1) finalize the proposed rule entitled ‘‘Def- the following new paragraph: (B) the issuance of that memorandum cir- inition of ‘Waters of the United States’ ‘‘(4) APPLICABILITY WITH RESPECT TO cumvents Congress and the will of the people Under the Clean Water Act’’ (79 Fed. Reg. COUNTERPARTIES.—The requirements of para- of the United States; 22188 (April 21, 2014)); or graphs (2)(A)(ii) and (2)(B)(ii) shall not apply (C) any action to control emissions of (2) use the proposed rule described in para- to a security-based swap in which a greenhouse gases from existing coal fired graph (1), or any substantially similar pro- counterparty qualifies for an exception power plants in the United States by man- posed rule or guidance, as the basis for any under section 3C(g)(1) or satisfies the criteria dating a national energy tax would devastate rulemaking or any decision regarding the in section 3C(g)(4).’’. scope or enforcement of the Federal Water major sectors of the economy, cost thou- SEC. 203. IMPLEMENTATION. sands of jobs, and increase energy costs for Pollution Control Act (33 U.S.C. 1251 et seq.). low-income households, small businesses, (b) RULES.—The use of the proposed rule The amendments made by this title to the and seniors on fixed income; described in subsection (a)(1), or any sub- Commodity Exchange Act shall be imple- (D) joblessness increases the likelihood of stantially similar proposed rule or guidance, mented— hospital visits, illnesses, and premature as the basis for any rulemaking or any deci- (1) without regard to— deaths; sion regarding the scope or enforcement of (A) chapter 35 of title 44, United States (E) according to testimony on June 15, the Federal Water Pollution Control Act (33 Code; and 2011, before the Committee on Environment U.S.C. 1251 et seq.) shall be grounds for vaca- (B) the notice and comment provisions of and Public Works of the Senate by Dr. Har- tion of the final rule, decision, or enforce- section 553 of title 5, United States Code; vey Brenner of Johns Hopkins University, ment action. (2) through the promulgation of an interim ‘‘The unemployment rate is well established final rule, pursuant to which public com- as a risk factor for elevated illness and mor- SA 3678. Mr. JOHANNS submitted an ment will be sought before a final rule is tality rates in epidemiological studies per- amendment intended to be proposed by issued; and formed since the early 1980s. In addition to him to the bill S. 2569, to provide an in- (3) such that paragraph (1) shall apply sole- influences on mental disorder, suicide and centive for businesses to bring jobs ly to changes to rules and regulations, or alcohol abuse and alcoholism, unemploy- back to America; which was ordered to proposed rules and regulations, that are lim- ment is also an important risk factor in car- ited to and directly a consequence of such lie on the table; as follows: amendments. diovascular disease and overall decreases in At the appropriate place, insert the fol- life expectancy.’’; lowing: (F) according to the National Center for SEC. llll. REDUCTION IN CORPORATE TAX SA 3680. Mr. JOHANNS submitted an Health Statistics, ‘‘children in poor families RATE. amendment intended to be proposed by were four times as likely to be in fair or poor (a) IN GENERAL.—Subsection (b) of section him to the bill S. 2569, to provide an in- health as children that were not poor’’; 11 of the Internal Revenue Code of 1986 is centive for businesses to bring jobs (G) any major decision that would cost the amended to read as follows: economy of the United States millions of back to America; which was ordered to ‘‘(b) AMOUNT OF TAX.—The amount of tax lie on the table; as follows: dollars and lead to serious negative health imposed by subsection (a) shall be the sum effects for the people of the United States of— At the appropriate place, insert the fol- should be debated and explicitly authorized ‘‘(1) 15 percent of so much of the taxable lowing: by Congress, not approved by a Presidential income as does not exceed $50,000, and SEC. ll. FAMILY HEALTH CARE FLEXIBILITY. memorandum or regulations; and ‘‘(2) 20 percent of so much of the taxable (H) any policy adopted by Congress should income as exceeds $50,000.’’. (a) NO LIMITATIONS ON ACCESS TO OVER- make United States energy as clean as prac- (b) EFFECTIVE DATE.—The amendment THE-COUNTER DRUGS WITHOUT PRESCRIP- ticable, as quickly as practicable, without made by this section shall apply to taxable TIONS.—Section 9003 of the Patient Protec- increasing the cost of energy for struggling years beginning after the date of the enact- tion and Affordable Care Act (Public Law families, seniors, low-income households, ment of this Act. 111–148) and the amendments made by such and small businesses. section are repealed; and the Internal Rev- (2) PURPOSES.—The purposes of this section SA 3679. Mr. JOHANNS (for himself enue Code of 1986 shall be applied as if such are— and Mr. TESTER) submitted an amend- section, and amendments, had never been en- (A) to ensure that— ment intended to be proposed by him acted. (i) a national energy tax is not imposed on to the bill S. 2569, to provide an incen- (b) NO LIMITATIONS ON HEALTH FLEXIBLE the economy of the United States; and tive for businesses to bring jobs back SPENDING ARRANGEMENTS.—Sections 9005 and (ii) struggling families, seniors, low-in- 10902 of the Patient Protection and Afford- come households, and small businesses do to America; which was ordered to lie able Care Act (Public Law 111–148) and sec- not experience skyrocketing electricity bills on the table; as follows: tion 1403 of the Health Care and Education and joblessness; At the end of the bill, add the following: Reconciliation Act of 2010 (Public Law 111– (B) to protect the people of the United TITLE II—BUSINESS RISK MITIGATION 152) and the amendments made by such sec- States, particularly families, seniors, and AND PRICE STABILIZATION tions are repealed; and the Internal Revenue children, from the serious negative health ef- SEC. 201. SHORT TITLE. Code of 1986 shall be applied as if such sec- fects of joblessness; This title may be cited as the ‘‘Business tions, and amendments, had never been en- (C) to allow sufficient time for Congress to Risk Mitigation and Price Stabilization Act acted. develop and authorize an appropriate mecha- of 2013’’. nism to address the energy needs of the SEC. 202. MARGIN REQUIREMENTS. SA 3681. Mr. BOOZMAN submitted an United States and the potential challenges (a) COMMODITY EXCHANGE ACT AMEND- posed by severe weather; and amendment intended to be proposed by MENT.—Section 4s(e) of the Commodity Ex- him to the bill S. 2569, to provide an in- (D) to restore the legislative process and change Act (7 U.S.C. 6s(e)), as added by sec- congressional authority over the energy pol- tion 731 of the Dodd-Frank Wall Street Re- centive for businesses to bring jobs icy of the United States. form and Consumer Protection Act, is back to America; which was ordered to (b) PRESIDENTIAL MEMORANDUM.—Notwith- amended by adding at the end the following lie on the table; as follows: standing any other provision of law, the head new paragraph: of a Federal agency shall not promulgate At the end of the bill, add the following: ‘‘(4) APPLICABILITY WITH RESPECT TO any regulation relating to power sector car- COUNTERPARTIES.—The requirements of para- TITLE II—ENDING OPERATION CHOKE bon pollution standards or any substantially graphs (2)(A)(ii) and (2)(B)(ii), including the POINT similar regulation on or after June 25, 2013, initial and variation margin requirements SEC. 201. SHORT TITLE. unless that regulation is explicitly author- imposed by rules adopted pursuant to para- This title may be cited as the ‘‘End Oper- ized by an Act of Congress. graphs (2)(A)(ii) and (2)(B)(ii), shall not apply ation Choke Point Act of 2014’’. Mr. BARRASSO submitted to a swap in which a counterparty qualifies SA 3677. SEC. 202. BUSINESS ACCESS TO INSURED DEPOSI- an amendment intended to be proposed for an exception under section 2(h)(7)(A), or an exemption issued under section 4(c)(1) TORY INSTITUTIONS. by him to the bill S. 2569, to provide an from the requirements of section 2(h)(1)(A) (a) IN GENERAL.—The Federal Deposit In- incentive for businesses to bring jobs for cooperative entities as defined in such surance Act (12 U.S.C. 1811 et seq.) is amend- back to America; which was ordered to exemption, or satisfies the criteria in section ed by adding at the end the following new lie on the table; as follows: 2(h)(7)(D).’’. section:

VerDate Mar 15 2010 06:10 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.056 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4963 ‘‘SEC. 51. BUSINESS ACCESS TO INSURED DEPOSI- to an entity that has met any of the require- (2) in paragraph (2)— TORY INSTITUTIONS. ments of paragraphs (1) through (3) of sub- (A) in subparagraph (B), by striking ‘‘; ‘‘(a) IN GENERAL.—The Federal banking section (a). and’’ and inserting a semicolon; agencies may not prohibit or otherwise re- ‘‘(c) LIMITATION ON RULEMAKING.—The (B) in subparagraph (C), by striking the pe- strict or discourage an insured depository in- Board may not issue any guidance under sub- riod at the end and inserting ‘‘; and’’; and stitution from providing any product or serv- section (a). Any rule implementing sub- (C) by adding at the end the following new ice to an entity that demonstrates to the in- section (a) shall be promulgated in accord- subparagraph: sured depository institution that such enti- ance with section 553 of title 5, United States ‘‘(D) means of facilitating the identifica- ty— Code. tion of accounts and transactions involving ‘‘(1) is licensed and authorized to offer such ‘‘(d) REASONED LEGAL OPINION DEFINED.— persons engaged in committing financial product or service; For purposes of this section, the term ‘rea- fraud, subject to the limitations described in ‘‘(2) is registered as a money transmitting soned legal opinion’— paragraph (5).’’; and business under section 5330 of title 31, United ‘‘(1) means a written legal opinion by a (3) in paragraph (5), by striking ‘‘shall not States Code, or regulations promulgated State-licensed attorney that addresses the be used’’ and all that follows through the pe- under such section; or facts of a particular business and the legal- riod at the end and inserting the following: ‘‘(3) has a reasoned legal opinion that dem- ity of the business’s provision of products or ‘‘shall not— onstrates the legality of the entity’s busi- services to customers in the relevant juris- ‘‘(A) be used for any purpose other than ness under applicable law. dictions under applicable Federal and State identifying and reporting on activities that ‘‘(b) RULE OF CONSTRUCTION.—Nothing in law, tribal ordinances, tribal resolutions, may involve terrorist acts, financial fraud, this section shall be construed to— and tribal-State compacts; and or money laundering; and ‘‘(1) require an insured depository institu- ‘‘(2) does not include a written legal opin- ‘‘(B) be construed to require financial in- tion— ion that recites the facts of a particular stitutions to determine or assure compliance ‘‘(A) to provide any product or service to business and states a conclusion.’’. of any entity with any Federal, State, or any particular entity; SEC. 204. AMENDMENTS TO THE FINANCIAL IN- other licensing requirements.’’. STITUTIONS REFORM, RECOVERY, ‘‘(B) to regularly review the status of any SEC. 206. LIABILITY FOR DISCLOSURES IN RE- AND ENFORCEMENT ACT OF 1989. license of an entity; or PORTING SUSPICIOUS TRANS- Section 951 of the Financial Institutions ‘‘(C) to determine the validity or veracity ACTIONS. Reform, Recovery, and Enforcement Act of of any reasoned legal opinion obtained under Paragraph (3) of section 5318(g) of title 31, 1989 (12 U.S.C. 1833a) is amended— subsection (a)(3); or United States Code, is amended— (1) in subsection (c)(2), by inserting ‘‘and ‘‘(2) imply or require that an insured de- (1) in subparagraph (A), by inserting ‘‘, for where such violation or conspiracy to violate pository institution may only provide prod- any underlying activity that is the subject of is in connection with a violation or con- ucts or services to an entity that has met the disclosure,’’ after ‘‘for such disclosure’’; spiracy to violate a section described under any of the requirements of paragraphs (1) and paragraph (1)’’ after ‘‘financial institution’’; (2) in subparagraph (B)(ii), by striking through (3) of subsection (a). and ‘‘(c) LIMITATION ON RULEMAKING.—The Fed- ‘‘civil or’’ before ‘‘criminal’’. (2) in subsection (g)— eral banking agencies may not issue any SEC. 207. FINANCIAL CRIMES ENFORCEMENT (A) in the header, by striking ‘‘SUBPOENAS’’ guidance under subsection (a). Any rule im- NETWORK DATA ACCOUNTABILITY and inserting ‘‘INVESTIGATIONS’’; plementing subsection (a) shall be promul- METRICS. (B) in paragraph (1), by amending subpara- gated in accordance with section 553 of title Section 310 of title 31, United States Code, graph (C) to read as follows: is amended— 5, United States Code. ‘‘(C) request a court order from a court of ‘‘(d) REASONED LEGAL OPINION DEFINED.— (1) in subsection (b)(2)(C)— competent jurisdiction, to summon wit- For purposes of this section, the term ‘rea- (A) in clause (vi), by striking ‘‘; and’’ and nesses and to require the production of any soned legal opinion’— inserting a semicolon; books, papers, correspondence, memoranda, ‘‘(1) means a written legal opinion by a (B) in clause (vii), by striking the period at or other records which the Attorney General State-licensed attorney that addresses the the end and inserting ‘‘; and’’; and deems relevant or material to the inquiry, facts of a particular business and the legal- (C) by adding at the end the following new and which shall be issued only if the Attor- ity of the business’s provision of products or clause: ney General offers specific and articulable ‘‘(viii) generate feedback and report on the services to customers in the relevant juris- facts showing that there are reasonable utility of the data access service described in dictions under applicable Federal and State grounds to believe that the information or subparagraph (B) and the information col- law, tribal ordinances, tribal resolutions, testimony sought is relevant and material to lected by the service to improve cooperation and tribal-State compacts; and an ongoing civil proceeding under this sec- among data providers and users while reduc- ‘‘(2) does not include a written legal opin- tion.’’; ing regulatory burden and preserving pay- ion that recites the facts of a particular (C) by amending paragraph (2) to read as ment system efficiency.’’; business and states a conclusion.’’. follows: (2) in subsection (c)— SEC. 203. BUSINESS ACCESS TO FEDERAL CREDIT ‘‘(2) ANNUAL REPORT TO CONGRESS ON (A) in paragraph (1)(C), by striking ‘‘; and’’ UNIONS. FIRREA COURT ORDERS.—The Attorney Gen- and inserting a semicolon; Title I of the Federal Credit Union Act (12 eral shall submit a report before January 31 (B) in paragraph (2)(C), by striking the pe- U.S.C. 1751 et seq.) is amended by adding at of each year, beginning the first January fol- riod at the end and inserting ‘‘; and’’; and the end the following new section: lowing the date of enactment of the End Op- (C) by adding at the end the following new ‘‘SEC. 132. BUSINESS ACCESS TO INSURED CRED- eration Choke Point Act of 2014, to the Com- paragraph: IT UNIONS. mittee on Financial Services of the House of ‘‘(3) for appropriate metrics to monitor, ‘‘(a) IN GENERAL.—The Board may not pro- Representatives and the Committee on track, assess, and report on access to infor- hibit or otherwise restrict or discourage an Banking, Housing, and Urban Affairs of the insured credit union from providing any mation contained in the data maintenance Senate, which shall include a detailed de- system maintained by FinCEN for— product or service to an entity that dem- scription of— onstrates to the insured credit union that ‘‘(A) identifying, tracking, and measuring ‘‘(A) the number of court orders sought by how such information is used and the law en- such entity— the Attorney General and the number of or- ‘‘(1) is licensed and authorized to offer such forcement results obtained as a consequence ders issued; of that use; and product or service; ‘‘(B) the recipient of the court orders; ‘‘(2) is registered as a money transmitting ‘‘(B) assuring accountability by law en- ‘‘(C) the number of documents requested forcement agencies for the utility, security, business under section 5330 of title 31, United and received; States Code, or regulations promulgated and privacy of such information while reduc- ‘‘(D) the number of witnesses requested to ing unnecessary regulatory burdens.’’. under such section; and testify and the number who actually testi- ‘‘(3) has a reasoned legal opinion that dem- fied; and SA 3682. Mr. BOOZMAN submitted an onstrates the legality of the entity’s busi- ‘‘(E) whether a civil enforcement action amendment intended to be proposed by ness under applicable law. was filed and the result of any such enforce- ‘‘(b) RULE OF CONSTRUCTION.—Nothing in him to the bill S. 2569, to provide an in- ment action, including settlements that led centive for businesses to bring jobs this section shall be construed to— to the dismissal of charges.’’; and ‘‘(1) require an insured credit union— (D) by striking paragraph (3). back to America; which was ordered to ‘‘(A) to provide any products or services to SEC. 205. REQUIRING COOPERATION TO DETER lie on the table; as follows: any entity; THE COMMISSION OF FINANCIAL At the appropriate place, insert the fol- ‘‘(B) to regularly review the status of any FRAUD. lowing: license of an entity; or Subsection (a) of section 314 of the USA SEC. ll. TRUTH IN REGULATING ACT. ‘‘(C) to determine the validity or veracity PATRIOT Act (31 U.S.C. 5311 note) is amend- (a) SHORT TITLE.—This section may be of any reasoned legal opinion obtained under ed— cited as the ‘‘Truth in Regulating Act of subsection (a)(3); or (1) in paragraph (1), by inserting ‘‘, the 2014’’. ‘‘(2) imply or require that an insured credit commission of financial fraud,’’ after ‘‘ter- (b) PURPOSES.—The purposes of this section union may only provide products or services rorist acts’’; are to—

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.059 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4964 CONGRESSIONAL RECORD — SENATE July 24, 2014 (1) increase the transparency of important sessment prepared by the agency or required lating to regulatory planning and review), regulatory decisions; for the economically significant rule; and disaggregated by each agency issuing a (2) promote effective congressional over- (iv) a summary of— major rule, of— sight to ensure that agency rules fulfill stat- (I) the results of the evaluation of the (1) each major rule promulgated during the utory requirements in an efficient, effective, Comptroller General; and year covered by the study that resulted in a and fair manner; and (II) the implications of the results de- net cost to small business concerns; and (3) increase the accountability of Congress scribed in subclause (I). (2) the cumulative costs of such major and the agencies to the people they serve. (D) PROCEDURES FOR PRIORITIES OF RE- rules. (c) DEFINITIONS.—In this section— QUESTS.—The Comptroller General may de- (d) REPORT.—Not later than 90 days after (1) the terms ‘‘agency’’, ‘‘rule’’, and ‘‘rule velop procedures for determining the pri- completing a study required under sub- making’’ have the meanings given those ority and number of requests for review section (b), the Administrator shall submit terms under section 551 of title 5, United under subparagraph (A) for which the Comp- to the Committee on Small Business and En- States Code; troller General submits a report under sub- trepreneurship of the Senate and the Com- (2) the term ‘‘economically significant paragraph (B). mittee on Small Business of the House of rule’’ means any proposed or final rule, in- (2) AUTHORITY OF COMPTROLLER GENERAL.— Representatives a report, which shall including an interim or direct final rule, that (A) COOPERATION BY AGENCIES.—Each agen- clude— may— cy shall promptly cooperate with the Comp- (1) the findings of the study; and (A) have an annual effect on the economy troller General in carrying out this section. (2) for each study completed after the first of $100,000,000 or more; or (B) RULE OF CONSTRUCTION.—Nothing in study, the increase in the total cost of Fed- (B) adversely affect in a material way the this section shall be construed to expand or eral regulations to small business concerns economy, a sector of the economy, produc- limit the authority of the Government Ac- above the total cost included in the report tivity, competition, jobs, the environment, countability Office. for the preceding year. public health or safety, or State, local, or (e) AUTHORIZATION OF APPROPRIATIONS.— (e) FUNDING.— tribal governments or communities; There are authorized to be appropriated to (1) IN GENERAL.—The Administrator shall (3) the term ‘‘independent evaluation’’ the Government Accountability Office to carry out this section using unobligated means a substantive evaluation of the data, carry out this section $5,200,000 for each of funds otherwise made available to the Ad- methodology, and assumptions used by an the 3 fiscal years during the period described ministration. agency in developing an economically sig- in subsection (f)(2)(A). (2) SENSE OF THE SENATE.—It is the sense of nificant rule, including— (f) EFFECTIVE DATE; DURATION OF PILOT the Senate that no additional funds should (A) an explanation of how any strengths or PROGRAM; REPORT.— be made available to the Administration to weaknesses in those data, methodology, and (1) EFFECTIVE DATE.—This section shall carry out this section. assumptions support or detract from conclu- take effect on the first day of the first fiscal sions reached by the agency; and year beginning after the date of enactment SA 3684. Mr. BOOZMAN submitted an (B) the implications, if any, of the of this Act. amendment intended to be proposed by strengths or weaknesses described in sub- (2) DURATION OF PILOT PROGRAM.— him to the bill S. 2569, to provide an in- paragraph (A) for the rule making; and (A) IN GENERAL.—Except as provided in centive for businesses to bring jobs (4) the term ‘‘pilot program’’ means the subparagraph (B), the pilot program shall be back to America; which was ordered to program for reviewing and reporting on eco- in effect for the 3-year period beginning on lie on the table; as follows: the effective date of this section. nomically significant rules established under At the end, add the following: subsection (d). (B) FAILURE TO APPROPRIATE FUNDS.—If a specific annual appropriation of not less SEC. 4. SMALL BUSINESS ADMINISTRATION (d) PILOT PROGRAM FOR REPORT ON than $5,200,000 is not made to carry out this STUDY ON THE COST OF FEDERAL RULES.— section for a fiscal year, the pilot program REGULATIONS. (1) IN GENERAL.— shall not be in effect during that fiscal year. (a) DEFINITION.—In this section— (A) REQUEST FOR REVIEW.—When an agency (1) the terms ‘‘Administration’’ and ‘‘Ad- publishes an economically significant rule, (3) REPORT.—Not later than the last day of the period described in paragraph (2)(A), the ministrator’’ mean the Small Business Ad- the chair or ranking member of a committee ministration and the Administrator thereof; of jurisdiction of either House of Congress Comptroller General shall submit to Con- gress a report that— (2) the term ‘‘major rule’’ has the meaning may request that the Comptroller General of given that term under section 804 of title 5, the United States review the rule. (A) reviews the effectiveness of the pilot program; and United States Code; and (B) REPORT.—Subject to subparagraph (D), (B) recommends whether or not Congress (3) the term ‘‘small business concern’’ has not later than 180 days after the Comptroller the meaning given that term under in sec- General receives a request under subpara- should permanently authorize the pilot program. tion 3 of the Small Business Act (15 U.S.C. graph (A) for review of an economically sig- 632). nificant rule, the Comptroller General shall Mr. BOOZMAN submitted an (b) STUDY.—Not later than 1 year after the submit to each committee of jurisdiction in SA 3683. amendment intended to be proposed by date of enactment of this Act, and every each House of Congress a report that in- year thereafter, the Administrator shall concludes an independent evaluation of the eco- him to the bill S. 2569, to provide an in- duct a study on the total cost, including job nomically significant rule. centive for businesses to bring jobs losses, of Federal regulations to small busi- (C) INDEPENDENT EVALUATION.—The inde- back to America; which was ordered to ness concerns. pendent evaluation of an economically sig- lie on the table; as follows: (c) REQUIREMENT.—In conducting each nificant rule by the Comptroller General At the end, add the following: study required under subsection (b), the Ad- under subparagraph (B) shall include, with SEC. 4. SMALL BUSINESS ADMINISTRATION ministrator shall use the best available esti- respect to the agency that published the STUDY ON THE COST OF FEDERAL mates of the costs and the benefits, includ- rule— REGULATIONS. ing estimates produced in accordance with (i) an evaluation of the analysis by the (a) DEFINITION.—In this section— Executive Order 12866 (5 U.S.C. 601 note; re- agency of the potential benefits of the rule, (1) the terms ‘‘Administration’’ and ‘‘Ad- lating to regulatory planning and review), including— ministrator’’ mean the Small Business Ad- disaggregated by each agency issuing a (I) any beneficial effects that cannot be ministration and the Administrator thereof; major rule, of— quantified in monetary terms; and (2) the term ‘‘major rule’’ has the meaning (1) each major rule promulgated during the (II) the identification of the persons or en- given that term under section 804 of title 5, year covered by the study that resulted in a tities likely to receive the benefits described United States Code; and net cost to small business concerns; and in subclause (I); (3) the term ‘‘small business concern’’ has (2) the cumulative costs of such major (ii) an evaluation of the analysis by the the meaning given that term under in sec- rules. agency of the potential costs of the rule, in- tion 3 of the Small Business Act (15 U.S.C. (d) REPORT.—Not later than 90 days after cluding— 632). completing a study required under sub- (I) any adverse effects that cannot be quan- (b) STUDY.—Not later than 1 year after the section (b), the Administrator shall submit tified in monetary terms; and date of enactment of this Act, and every to the Committee on Small Business and En- (II) the identification of the persons or en- year thereafter, the Administrator shall con- trepreneurship of the Senate and the Com- tities likely to bear the costs described in duct a study on the total cost, including job mittee on Small Business of the House of subclause (I); losses, of Federal regulations to small busi- Representatives a report, which shall in- (iii) an evaluation of— ness concerns. clude— (I) the analysis by the agency of alter- (c) REQUIREMENT.—In conducting each (1) the findings of the study; and native approaches set forth in the notice of study required under subsection (b), the Ad- (2) for each study completed after the first proposed rulemaking and in the rulemaking ministrator shall use the best available esti- study, the increase in the total cost of Fed- record; and mates of the costs and the benefits, includ- eral regulations to small business concerns (II) any regulatory impact analysis, fed- ing estimates produced in accordance with above the total cost included in the report eralism assessment, or other analysis or as- Executive Order 12866 (5 U.S.C. 601 note; re- for the preceding year.

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(e) FUNDING.— (ii) by adding at the end the following new 2014, the $250,000 in paragraph (1) and the (1) IN GENERAL.—The Administrator shall paragraph: $800,000 amount in paragraph (2) shall each carry out this section using unobligated ‘‘(4) INFLATION ADJUSTMENT.—In the case of be increased by an amount equal to— funds otherwise made available to the Ad- any taxable year beginning in a calendar ‘‘(i) such dollar amount, multiplied by ministration. year after 2014, the dollar amount contained ‘‘(ii) the cost-of-living adjustment deter- (2) SENSE OF THE SENATE.—It is the sense of in subsection (b)(3) and paragraph (1) of this mined under section 1(f)(3) for the calendar the Senate that no additional funds should subsection shall be increased by an amount year in which the taxable year begins, by be made available to the Administration to equal to— substituting ‘calendar year 2013’ for ‘cal- carry out this section. ‘‘(A) such dollar amount, multiplied by endar year 1992’ in subparagraph (B) thereof. ‘‘(B) the cost-of-living adjustment deter- ‘‘(B) ROUNDING.— SA 3685. Ms. COLLINS (for herself mined under section 1(f)(3) for the calendar ‘‘(i) DOLLAR LIMITATION.—If the amount in and Mr. CASEY) submitted an amend- year in which the taxable year begins, by paragraph (1) as increased under subpara- ment intended to be proposed by her to substituting ‘calendar year 2013’ for ‘cal- graph (A) is not a multiple of $1,000, such the bill S. 2569, to provide an incentive endar year 1992’ in subparagraph (B) thereof. amount shall be rounded to the nearest mul- for businesses to bring jobs back to If any amount as adjusted under this sub- tiple of $1,000. America; which was ordered to lie on paragraph is not a multiple of $100,000, such ‘‘(ii) PHASEOUT AMOUNT.—If the amount in the table; as follows: amount shall be rounded to the nearest mul- paragraph (2) as increased under subpara- tiple of $100,000.’’. graph (A) is not a multiple of $10,000, such At the end, insert the following: (b) CLARIFICATION OF INVENTORY RULES FOR amount shall be rounded to the nearest mul- SEC. 4. PERMANENT DOUBLING OF DEDUCTIONS SMALL BUSINESS.— tiple of $10,000.’’. FOR START-UP EXPENSES, ORGANI- (1) IN GENERAL.—Section 471 of the Internal ZATIONAL EXPENSES, AND SYNDICA- (d) COMPUTER SOFTWARE.—Section TION FEES. Revenue Code of 1986 (relating to general 179(d)(1)(A)(ii) of such Code is amended by (a) START-UP EXPENSES.— rule for inventories) is amended by redesig- striking ‘‘and before 2014’’. (1) IN GENERAL.—Clause (ii) of section nating subsection (c) as subsection (d) and by (e) ELECTION.—Section 179(c)(2) of such 195(b)(1)(A) of the Internal Revenue Code of inserting after subsection (b) the following Code is amended by striking ‘‘and before 1986 is amended— new subsection: 2014’’. (A) by striking ‘‘$5,000’’ and inserting ‘‘(c) SMALL BUSINESS TAXPAYERS NOT RE- (f) SPECIAL RULES FOR TREATMENT OF ‘‘$10,000’’, and QUIRED TO USE INVENTORIES.— QUALIFIED REAL PROPERTY.— (B) by striking ‘‘$50,000’’ and inserting ‘‘(1) IN GENERAL.—A qualified taxpayer (1) IN GENERAL.—Section 179(f)(1) of such ‘‘$60,000’’. shall not be required to use inventories Code is amended by striking ‘‘beginning in (2) CONFORMING AMENDMENT.—Subsection under this section for a taxable year. 2010, 2011, 2012, or 2013’’ and inserting ‘‘begin- (b) of section 195 of the Internal Revenue ‘‘(2) TREATMENT OF TAXPAYERS NOT USING ning after 2009’’. Code of 1986 is amended by striking para- INVENTORIES.—If a qualified taxpayer does (2) CONFORMING AMENDMENT.—Section 179(f) graph (3). not use inventories with respect to any prop- of such Code is amended by striking para- (b) ORGANIZATIONAL EXPENSES.—Subpara- erty for any taxable year beginning after De- graph (4). graph (B) of section 248 of the Internal Rev- cember 31, 2013, such property shall be treat- (g) EFFECTIVE DATE.—The amendments enue Code of 1986 is amended— ed as a material or supply which is not inci- made by this section shall apply to taxable (1) by striking ‘‘$5,000’’ and inserting dental. years beginning after December 31, 2013. ‘‘(3) QUALIFIED TAXPAYER.—For purposes of ‘‘$10,000’’, and SEC. 7. EXTENSION OF BONUS DEPRECIATION. (2) by striking ‘‘$50,000’’ and inserting this subsection, the term ‘qualified taxpayer’ (a) IN GENERAL.—Paragraph (2) of section means— ‘‘$60,000’’. 168(k) of the Internal Revenue Code of 1986 is (c) ORGANIZATION AND SYNDICATION FEES.— ‘‘(A) any eligible taxpayer (as defined in amended— Clause (ii) of section 709(b)(1)(A) of the Inter- section 446(g)(2)), and (1) by striking ‘‘January 1, 2015’’ in sub- nal Revenue Code of 1986 is amended— ‘‘(B) any taxpayer described in section paragraph (A)(iv) and inserting ‘‘January 1, (1) by striking ‘‘$5,000’’ and inserting 448(b)(3).’’. 2016’’, and ‘‘$10,000’’, and (2) INCREASED ELIGIBILITY FOR SIMPLIFIED (2) by striking ‘‘January 1, 2014’’ each place (2) by striking ‘‘$50,000’’ and inserting DOLLAR-VALUE LIFO METHOD.—Section 474(c) it appears and inserting ‘‘January 1, 2015’’. ‘‘$60,000’’. is amended by striking ‘‘$5,000,000’’ and in- (b) SPECIAL RULE FOR FEDERAL LONG-TERM (d) EFFECTIVE DATE.—The amendments serting ‘‘the dollar amount in effect under CONTRACTS.—Clause (ii) of section 460(c)(6)(B) made by this section shall apply to amounts section 448(c)(1)’’. of the Internal Revenue Code of 1986 is paid or incurred in taxable years ending on (c) EFFECTIVE DATE AND SPECIAL RULES.— amended by striking ‘‘January 1, 2014 (Janu- or after the date of the enactment of this (1) IN GENERAL.—The amendments made by Act. this section shall apply to taxable years be- ary 1, 2015’’ and inserting ‘‘January 1, 2015 SEC. 5. CLARIFICATION OF CASH ACCOUNTING ginning after December 31, 2013. (January 1, 2016’’. (c) CONFORMING AMENDMENTS.— RULES FOR SMALL BUSINESS. (2) CHANGE IN METHOD OF ACCOUNTING.—In (a) CASH ACCOUNTING PERMITTED.— the case of any taxpayer changing the tax- (1) The heading for subsection (k) of sec- (1) IN GENERAL.—Section 446 of the Internal payer’s method of accounting for any taxable tion 168 of the Internal Revenue Code of 1986 Revenue Code of 1986 (relating to general year under the amendments made by this is amended by striking ‘‘JANUARY 1, 2014’’ rule for methods of accounting) is amended section— and inserting ‘‘JANUARY 1, 2015’’. by adding at the end the following new sub- (A) such change shall be treated as initi- (2) The heading for clause (ii) of section section: ated by the taxpayer; 168(k)(2)(B) of such Code is amended by strik- ‘‘(g) CERTAIN SMALL BUSINESS TAXPAYERS (B) such change shall be treated as made ing ‘‘PRE-JANUARY 1, 2014’’ and inserting PERMITTED TO USE CASH ACCOUNTING METHOD with the consent of the Secretary of the ‘‘PRE-JANUARY 1, 2015’’. WITHOUT LIMITATION.— Treasury; and (3) Section 168(k)(4)(D) is amended by ‘‘(1) IN GENERAL.—An eligible taxpayer (C) the net amount of the adjustments re- striking ‘‘and’’ at the end of clause (ii), by shall not be required to use an accrual meth- quired to be taken into account by the tax- striking the period at the end of clause (iii) od of accounting for any taxable year. payer under section 481 of the Internal Rev- and inserting a comma, and by adding at the ‘‘(2) ELIGIBLE TAXPAYER.—For purposes of enue Code of 1986 shall be taken into account end the following new clauses: this subsection, a taxpayer is an eligible tax- over a period (not greater than 4 taxable ‘‘(iv) ‘January 1, 2015’ shall be substituted payer with respect to any taxable year if— years) beginning with such taxable year. for ‘January 1, 2016’ in subparagraph (A)(iv) ‘‘(A) for all prior taxable years beginning thereof, and SEC. 6. PERMANENT EXTENSION OF EXPENSING after December 31, 2013, the taxpayer (or any LIMITATION. ‘‘(v) ‘January 1, 2014’ shall be substituted predecessor) met the gross receipts test of (a) DOLLAR LIMITATION.—Section 179(b)(1) for ‘January 1, 2015’ each place it appears in section 448(c), and of the Internal Revenue Code of 1986 is subparagraph (A) thereof.’’. ‘‘(B) the taxpayer is not subject to section amended by striking ‘‘shall not exceed’’ and (4) Section 168(l)(4) of such Code is amend- 447 or 448.’’. all that follows and inserting ‘‘shall not ex- ed by striking ‘‘and’’ at the end of subpara- (2) EXPANSION OF GROSS RECEIPTS TEST.— ceed $250,000.’’. graph (A), by redesignating subparagraph (B) (A) IN GENERAL.—Paragraph (3) of section (b) REDUCTION IN LIMITATION.—Section as subparagraph (C), and by inserting after 448(b) of such Code (relating to entities with 179(b)(2) of such Code is amended by striking subparagraph (A) the following new subpara- gross receipts of not more than $5,000,000) is ‘‘exceeds’’ and all that follows and inserting graph: amended by striking ‘‘$5,000,000’’ in the text ‘‘exceeds $800,000.’’. ‘‘(B) by substituting ‘January 1, 2014’ for and in the heading and inserting (c) INFLATION ADJUSTMENT.—Subsection (b) ‘January 1, 2015’ in clause (i) thereof, and’’. ‘‘$10,000,000’’. of section 179 of such Code is amended by (5) Subparagraph (C) of section 168(n)(2) of (B) CONFORMING AMENDMENTS.—Section adding at the end the following new para- such Code is amended by striking ‘‘January 448(c) of such Code is amended— graph: 1, 2014’’ and inserting ‘‘January 1, 2015’’. (i) by striking ‘‘$5,000,000’’ each place it ap- ‘‘(6) INFLATION ADJUSTMENT.— (6) Subparagraph (D) of section 1400L(b)(2) pears in the text and in the heading of para- ‘‘(A) IN GENERAL.—In the case of any tax- of such Code is amended by striking ‘‘Janu- graph (1) and inserting ‘‘$10,000,000’’, and able year beginning in a calendar year after ary 1, 2014’’ and inserting ‘‘January 1, 2015’’.

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.060 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4966 CONGRESSIONAL RECORD — SENATE July 24, 2014 (7) Subparagraph (B) of section 1400N(d)(3) plan is an eligible employer as defined in sec- ‘‘(III) 25 percent of so much of such con- of such Code is amended by striking ‘‘Janu- tion 408(p)(2)(C)(i) of the Internal Revenue tributions as exceed 6 percent but do not ex- ary 1, 2014’’ and inserting ‘‘January 1, 2015’’. Code of 1986, applied— ceed 10 percent of compensation. (d) EFFECTIVE DATE.—The amendments ‘‘(I) by substituting ‘500’ for ‘100’ in sub- ‘‘(ii) APPLICATION OF RULES FOR MATCHING made by this section shall apply to property clause (I) thereof, CONTRIBUTIONS.—The rules of clause (ii) of placed in service after December 31, 2013, in ‘‘(II) by substituting ‘5’ for ‘2’ each place paragraph (12)(B) and clauses (iii) and (iv) of taxable years ending after such date. it appears in subclause (II) thereof, and paragraph (13)(D) shall apply for purposes of SEC. 8. EXTENSION OF 15-YEAR STRAIGHT-LINE ‘‘(III) without regard to the last sentence clause (i) but the rule of clause (iii) of para- COST RECOVERY FOR QUALIFIED of subclause (II) thereof.’’. graph (12)(B) shall not apply for such pur- LEASEHOLD IMPROVEMENTS, (2) SIMPLIFIED REPORTING FOR SMALL MUL- poses. The rate of matching contribution for QUALIFIED RESTAURANT BUILD- TIPLE EMPLOYER PLANS.—Section 104(a) of each incremental deferral must be at least as INGS AND IMPROVEMENTS, AND QUALIFIED RETAIL IMPROVEMENTS. such Act (29 U.S.C. 1024(a)) is amended by high as the rate specified in clause (i), and (a) IN GENERAL.—Clauses (iv), (v), and (ix) adding at the end the following: may be higher, so long as such rate does not of section 168(e)(3)(E) of the Internal Rev- ‘‘(7)(A) In the case of any eligible small increase as an employee’s rate of elective enue Code of 1986 are each amended by strik- multiple employer plan, the Secretary may contributions increases.’’. ing ‘‘January 1, 2014’’ and inserting ‘‘January by regulation— (b) MATCHING CONTRIBUTIONS AND EM- 1, 2015’’. ‘‘(i) prescribe simplified summary plan PLOYEE CONTRIBUTIONS.—Subsection (m) of (b) EFFECTIVE DATE.—The amendments descriptions, annual reports, and pension section 401 of the Internal Revenue Code of made by this section shall apply to property benefit statements for purposes of section 1986 is amended by redesignating paragraph placed in service after December 31, 2013. 102, 103, or 105, respectively, and (13) as paragraph (14) and by inserting after ‘‘(ii) waive the requirement under section paragraph (12) the following new paragraph: SA 3686. Ms. COLLINS submitted an 103(a)(3) to engage an independent qualified ‘‘(13) ALTERNATIVE METHOD FOR SECURE amendment intended to be proposed by public accountant in cases where the Sec- DEFERRAL ARRANGEMENTS.—A defined con- her to the bill S. 2569, to provide an in- retary determines it appropriate. tribution plan shall be treated as meeting the requirements of paragraph (2) with re- centive for businesses to bring jobs ‘‘(B) For purposes of this paragraph, the term ‘eligible small multiple employer plan’ spect to matching contributions and em- back to America; which was ordered to ployee contributions if the plan— lie on the table; as follows: means, with respect to any plan year— ‘‘(i) a qualified multiple employer plan, ‘‘(A) is a secure deferral arrangement (as At the end, insert the following: as defined in section 3(2)(C)(ii), or defined in subsection (k)(14)), SEC. 4. ELIMINATION OF DISINCENTIVE TO POOL- ‘‘(ii) any other plan described in section ‘‘(B) meets the requirements of clauses ING FOR MULTIPLE EMPLOYER 413(c) of the Internal Revenue Code of 1986 (ii) and (iii) of paragraph (11)(B), and PLANS. that satisfies the requirements of clause (v) ‘‘(C) provides that matching contribu- (a) IN GENERAL.—Not later than one year of section 3(2)(C).’’. tions on behalf of any employee may not be after the date of the enactment of this Act, (b) EFFECTIVE DATE.—The amendments made with respect to an employee’s con- the Secretary of the Treasury shall prescribe made by this section shall apply to years be- tributions or elective deferrals in excess of 10 final regulations under which a plan de- ginning after December 31, 2014. percent of the employee’s compensation.’’. scribed in section 413(c) of the Internal Rev- (c) EFFECTIVE DATE.—The amendments enue Code of 1986 may be treated as satis- SEC. 6. SECURE DEFERRAL ARRANGEMENTS. made by this section shall apply to plan fying the qualification requirements of sec- (a) IN GENERAL.—Subsection (k) of sec- years beginning after December 31, 2014. tion 401(a) of such Code despite the violation tion 401 of the Internal Revenue Code of 1986 SEC. 7. CREDIT FOR EMPLOYERS WITH RESPECT of such requirements with respect to one or is amended by adding at the end the fol- TO MODIFIED SAFE HARBOR RE- more participating employers. Such rules lowing new paragraph: QUIREMENTS. may require that the portion of the plan at- ‘‘(14) ALTERNATIVE METHOD FOR SECURE (a) IN GENERAL.—Subpart D of part IV of tributable to such participating employers DEFERRAL ARRANGEMENTS TO MEET NON- subchapter A of chapter 1 of the Internal be spun off to plans maintained by such em- DISCRIMINATION REQUIREMENTS.— Revenue Code of 1986 is amended by adding ployers. ‘‘(A) IN GENERAL.—A secure deferral ar- at the end the following new section: SEC. 5. MODIFICATION OF ERISA RULES RELAT- rangement shall be treated as meeting the ‘‘SEC. 45S. CREDIT FOR SMALL EMPLOYERS WITH ING TO MULTIPLE EMPLOYER DE- requirements of paragraph (3)(A)(ii). RESPECT TO MODIFIED SAFE HAR- FINED CONTRIBUTION PLANS. ‘‘(B) SECURE DEFERRAL ARRANGEMENT.— BOR REQUIREMENTS FOR AUTO- (a) IN GENERAL.— For purposes of this paragraph, the term ‘se- MATIC CONTRIBUTION ARRANGE- MENTS. (1) REQUIREMENT OF COMMON INTEREST.— cure deferral arrangement’ means any cash Section 3(2) of the Employee Retirement In- or deferred arrangement which meets the re- ‘‘(a) GENERAL RULE.—For purposes of sec- come Security Act of 1974 is amended by add- quirements of subparagraphs (C), (D), and (E) tion 38, in the case of a small employer, the safe harbor adoption credit determined under ing at the end the following: of paragraph (13), except as modified by this this section for any taxable year is the ‘‘(C)(i) A qualified multiple employer paragraph. amount equal to the total of the employer’s plan shall not fail to be treated as an em- ‘‘(C) QUALIFIED PERCENTAGE.—For pur- matching contributions under section ployee pension benefit plan or pension plan poses of this paragraph, with respect to any 401(k)(14)(D) during the taxable year on be- solely because the employers sponsoring the employee, the term ‘qualified percentage’ half of employees who are not highly com- plan share no common interest. means, in lieu of the meaning given such pensated employees, subject to the limita- ‘‘(ii) For purposes of this subparagraph, term in paragraph (13)(C)(iii), any percentage tions of subsection (b). the term ‘qualified multiple employer plan’ determined under the arrangement if such ‘‘(b) LIMITATIONS.— means a plan described in section 413(c) of percentage is applied uniformly and is— ‘‘(1) LIMITATION WITH RESPECT TO COM- the Internal Revenue Code of 1986 which— ‘‘(i) at least 6 percent, but not greater PENSATION.—The credit determined under ‘‘(I) is an individual account plan with than 10 percent, during the period ending on subsection (a) with respect to contributions respect to which the requirements of clauses the last day of the first plan year which be- made on behalf of an employee who is not a (iii), (iv), and (v) are met, and gins after the date on which the first elective highly compensated employee shall not ex- ‘‘(II) includes in its annual report re- contribution described in paragraph (13)(C)(i) ceed 2 percent of the compensation of such quired to be filed under section 104(a) the is made with respect to such employee, employee for the taxable year. name and identifying information of each ‘‘(ii) at least 8 percent during the first ‘‘(2) LIMITATION WITH RESPECT TO YEARS participating employer. plan year following the plan year described OF PARTICIPATION.—Credit shall be deter- ‘‘(iii) The requirements of this clause are in clause (i), and mined under subsection (a) with respect to met if, under the plan, each participating ‘‘(iii) at least 10 percent during any sub- contributions made on behalf of an employee employer retains fiduciary responsibility sequent plan year. who is not a highly compensated employee for— ‘‘(D) MATCHING CONTRIBUTIONS.— only during the first 5 years such employee ‘‘(I) the selection and monitoring of the ‘‘(i) IN GENERAL.—For purposes of this participates in the qualified automatic con- named fiduciary, and paragraph, an arrangement shall be treated tribution arrangement. ‘‘(II) the investment and management of as having met the requirements of paragraph ‘‘(c) DEFINITIONS.— the portion of the plan’s assets attributable (13)(D)(i) if and only if the employer makes ‘‘(1) IN GENERAL.—Any term used in this to employees of the employer to the extent matching contributions on behalf of each section which is also used in section not otherwise delegated to another fiduciary. employee who is not a highly compensated 401(k)(14) shall have the same meaning as ‘‘(iv) The requirements of this clause are employee in an amount equal to the sum of— when used in such section. met if, under the plan, a participating em- ‘‘(I) 100 percent of the elective contribu- ‘‘(2) SMALL EMPLOYER.—The term ‘small ployer is not subject to unreasonable restrictions of the employee to the extent that such employer’ means an eligible employer (as de- tions, fees, or penalties by reason of ceasing contributions do not exceed 1 percent of fined in section 408(p)(2)(C)(i)). participation in, or otherwise transferring compensation, ‘‘(d) DENIAL OF DOUBLE BENEFIT.—No de- assets from, the plan. ‘‘(II) 50 percent of so much of such con- duction shall be allowable under this title ‘‘(v) The requirements of this clause are tributions as exceed 1 percent but do not ex- for any contribution with respect to which a met if each participating employer in the ceed 6 percent of compensation, plus credit is allowed under this section.’’.

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.060 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4967 (b) CREDIT TO BE PART OF GENERAL BUSI- and for defense activities of the De- of funding required by paragraph (1), except NESS CREDIT.—Subsection (b) of section 38 of partment of Energy, to prescribe mili- that such project may include office space or the Internal Revenue Code of 1986 is amend- tary personnel strengths for such fiscal other accommodations for members of the ed— year, and for other purposes; which was United States Marine Corps.’’. (1) by striking ‘‘plus’’ at the end of para- ordered to lie on the table; as follows: SEC. 1817. IMMEDIATE THREAT MITIGATION. graph (35), (a) ALLOCATION OF AUTHORIZED APPROPRIA- (2) by striking the period at the end of At the end of division A, add the following: TIONS.—In addition to any amounts other- paragraph (36) and inserting ‘‘, plus’’, and TITLE XVIII—EMBASSY SECURITY AND wise made available for such purposes, the (3) by adding at the end the following FOREIGN ASSISTANCE AND ARMS EX- Department of State shall, notwithstanding new paragraph: PORT AUTHORITIES any other provision of law except as provided ‘‘(37) the safe harbor adoption credit de- SEC. 1801. APPROPRIATE CONGRESSIONAL COM- in subsection (d), use up to $300,000,000 of the termined under section 45S.’’. MITTEES DEFINED. funding provided in section 1816 for imme- (c) CLERICAL AMENDMENT.—The table of In this title, the term ‘‘appropriate con- diate threat mitigation projects, with pri- sections for subpart D of part IV of sub- gressional committees’’ means the Com- ority given to facilities determined to be chapter A of chapter 1 of the Internal Rev- mittee on Foreign Relations of the Senate ‘‘high threat, high risk’’ pursuant to section enue Code of 1986 is amended by adding after and the Committee on Foreign Affairs of the 1837. the item relating to section 45R the fol- House of Representatives. (b) ALLOCATION OF FUNDING.—In allocating lowing new item: funding for threat mitigation projects, the Subtitle A—Embassy Security ‘‘Sec. 45S. Credit for small employers with Secretary shall prioritize funding for— respect to modified safe harbor SEC. 1811. SHORT TITLE. (1) the construction of safeguards that pro- requirements for automatic This subtitle may be cited as the ‘‘Chris vide immediate security benefits; contribution arrangements.’’. Stevens, Sean Smith, Tyrone Woods, and (2) the purchasing of additional security Glen Doherty Embassy Security, Threat equipment, including additional defensive (d) EFFECTIVE DATE.—The amendments Mitigation, and Personnel Protection Act of weaponry; made by this section shall apply to taxable 2014’’. years that include any portion of a plan year (3) the paying of expenses of additional se- SEC. 1812. DEFINITIONS. beginning after December 31, 2014. curity forces, with an emphasis on funding In this subtitle: United States security forces where prac- SEC. 8. MODIFICATION OF REGULATIONS. (1) FACILITIES.—The term ‘‘facilities’’ in- ticable; and The Secretary of the Treasury shall pro- cludes embassies, consulates, expeditionary (4) any other purposes necessary to miti- mulgate regulations or other guidance that— diplomatic facilities, and any other diplo- gate immediate threats to United States per- (1) simplify and clarify the rules regard- matic facility outside of the United States, sonnel serving overseas. ing the timing of participant notices re- including facilities intended for temporary (c) TRANSFER.—The Secretary may trans- quired under section 401(k)(13)(E) of the In- use. fer and merge funds authorized under sub- ternal Revenue Code of 1986, with specific ap- (2) SECRETARY.—The term ‘‘Secretary’’ section (a) to any appropriation account of plication to— means the Secretary of State. the Department of State for the purpose of (A) plans that allow employees to be eli- carrying out the threat mitigation projects gible for participation immediately upon be- PART I—FUNDING AUTHORIZATION AND TRANSFER AUTHORITY described in subsection (b). ginning employment, and (d) USE OF FUNDS FOR OTHER PURPOSES.— (B) employers with multiple payroll and SEC. 1816. CAPITAL SECURITY COST SHARING Notwithstanding the allocation requirement administrative systems, and PROGRAM. under subsection (a), funds subject to such (2) simplify and clarify the automatic es- (a) AUTHORIZATION OF APPROPRIATIONS.— requirement may be used for other author- calation rules under sections 401(k)(13)(C)(iii) There is authorized to be appropriated for ized purposes of the Capital Security Cost and 401(k)(14)(C) of the Internal Revenue the Department of State $1,356,000,000 for fis- Sharing Program if, not later than 15 days Code of 1986 in the context of employers with cal year 2015, which shall remain available prior to such use, the Secretary certifies in multiple payroll and administrative sys- until expended, for the Capital Security Cost writing to the appropriate congressional tems. Sharing Program, authorized under section committees that— 604(e) of the Secure Embassy Construction Such regulations or guidance shall address (1) high threat, high risk facilities are and Counterterrorism Act of 1999 (title VI of the particular case of employees within the being secured to the best of the United division A of H.R. 3427, as enacted into law same plan who are subject to different notice States Government’s ability; and by section 1000(a)(7) of Public Law 106–113; timing and different percentage require- (2) the Secretary will make funds available 113 Stat. 1501A–453; 22 U.S.C. 4865 note). ments, and provide assistance for plan spon- from the Capital Security Cost Sharing Pro- (b) SENSE OF CONGRESS ON THE CAPITAL SE- sors in managing such cases. gram or other sources to address any CURITY COST SHARING PROGRAM.—It is the changed security threats or risks, or new or SEC. 9. OPPORTUNITY TO CLAIM THE SAVER’S sense of Congress that— CREDIT ON FORM 1040EZ. emergent security needs, including imme- (1) the Capital Security Cost Sharing Pro- The Secretary of the Treasury shall mod- diate threat mitigation. gram should prioritize the construction of ify the forms for the return of tax of individ- SEC. 1818. LANGUAGE TRAINING. new facilities and the maintenance of exist- uals in order to allow individuals claiming (a) IN GENERAL.—Title IV of the Omnibus ing facilities in high threat, high risk areas the credit under section 25B of the Internal Diplomatic Security and Antiterrorism Act in addition to addressing immediate threat Revenue Code of 1986 to file (and claim such of 1986 (22 U.S.C. 4851 et seq.) is amended by mitigation as set forth in section 1817, and credit on) Form 1040EZ. adding at the end the following: should take into consideration the priorities of other government agencies that are con- ‘‘SEC. 416. LANGUAGE REQUIREMENTS FOR DIP- SA 3687. Ms. COLLINS submitted an LOMATIC SECURITY PERSONNEL AS- tributing to the Capital Security Cost Shar- SIGNED TO HIGH THREAT, HIGH amendment intended to be proposed by ing Program when replacing or upgrading her to the bill S. 2569, to provide an in- RISK POSTS. diplomatic facilities; and ‘‘(a) IN GENERAL.—Diplomatic security per- centive for businesses to bring jobs (2) all United States Government agencies sonnel assigned permanently to, or who are back to America; which was ordered to are required to pay into the Capital Security serving in, long-term temporary duty status lie on the table; as follows: Cost Sharing Program a percentage of total as designated by the Secretary of State at a At the appropriate place, insert the fol- costs determined by interagency agree- high threat, high risk post should receive lowing: ments, in order to address immediate threat language training described in subsection (b) mitigation needs and increase funds for the SEC. ll. DEFINITION OF FULL-TIME EMPLOYEE in order to prepare such personnel for duty FOR CALENDAR YEAR 2015. Capital Security Cost Sharing Program for requirements at such post. With respect to calendar year 2015, the fiscal year 2015, including to address infla- ‘‘(b) LANGUAGE TRAINING DESCRIBED.—Lan- Secretary of the Treasury shall implement tion and increased construction costs. guage training referred to in subsection (a) and enforce section 4980H(c) of the Internal (c) RESTRICTION ON CONSTRUCTION OF OF- should prepare personnel described in such Revenue Code of 1986 as if— FICE SPACE.—Section 604(e)(2) of the Secure subsection— (1) in paragraph (2)(E), ‘‘by 174’’ is sub- Embassy Construction and Counterterrorism ‘‘(1) to speak the language at issue with stituted for ‘‘by 120’’; and Act of 1999 (title VI of division A of H.R. 3427, sufficient structural accuracy and vocabu- (2) in paragraph (4)(A), ‘‘40 hours’’ is sub- as enacted into law by section 1000(a)(7) of lary to participate effectively in most formal stituted for ‘‘30 hours’’. Public Law 106–113; 113 Stat. 1501A–453; 22 and informal conversations on subjects ger- U.S.C. 4865 note) is amended by adding at the mane to security; and SA 3688. Mr. MENENDEZ submitted end the following: ‘‘A project to construct a ‘‘(2) to read within an adequate range of an amendment intended to be proposed diplomatic facility of the United States may speed and with almost complete comprehen- not include office space or other accommoda- sion on subjects germane to security.’’. by him to the bill S. 2410, to authorize tions for an employee of a Federal agency or (b) AUTHORIZATION OF APPROPRIATIONS.— appropriations for fiscal year 2015 for department if the Secretary determines that There is authorized to be appropriated military activities of the Department such department or agency has not provided $5,000,000 annually for fiscal years 2015 and of Defense, for military construction, to the Department of State the full amount 2016 to carry out this section.

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(c) INSPECTOR GENERAL REVIEW.—The In- any appropriation for embassy security, con- SEC. 1823. MANAGEMENT AND STAFF ACCOUNT- spector General of the Department of State struction, and maintenance such amounts ABILITY. and Broadcasting Board of Governors shall, appropriated for any other purpose related to (a) AUTHORITY OF SECRETARY OF STATE.— at the end of fiscal years 2015 and 2016, re- diplomatic and consular programs on or Nothing in this subtitle or any other provi- view the language training conducted pursu- after October 1, 2014, as the Secretary deter- sion of law may be construed to prevent the ant to this section and make the results of mines are necessary to provide for the secu- Secretary from using all authorities invested such reviews available to the Secretary and rity of sites and buildings in foreign coun- in the office of Secretary to take personnel the appropriate congressional committees. tries under the jurisdiction and control of action against any employee or official of SEC. 1819. FOREIGN AFFAIRS SECURITY TRAIN- the Secretary. the Department of State that the Secretary ING. ‘‘(2) Any funds transferred under the au- determines has breached the duty of that in- (a) SENSE OF CONGRESS.—It is the sense of thority provided in paragraph (1) shall be dividual or has engaged in misconduct or un- Congress that— merged with funds in the heading to which satisfactorily performed the duties of em- (1) Department of State employees and transferred, and shall be available subject to ployment of that individual, and such mis- their families deserve improved and efficient the same terms and conditions as the funds conduct or unsatisfactory performance has programs and facilities for high threat train- with which merged. significantly contributed to the serious injury, loss of life, or significant destruction of ing and training on risk management deci- ‘‘(k) Not later than 15 days before any property, or a serious breach of security, sion processes; transfer of funds under subsection (j), the even if such action is the subject of an Ac- (2) improved and efficient high threat, high Secretary shall notify the Committees on countability Review Board’s examination risk training is consistent with the Benghazi Foreign Relations and Appropriations of the under section 304(a) of the Diplomatic Secu- Accountability Review Board (ARB) rec- Senate and the Committees on Foreign Af- rity Act (22 U.S.C. 4834(a)). ommendation number 17; fairs and Appropriations of the House of Rep- (b) ACCOUNTABILITY.—Section 304 of the (3) improved and efficient security training resentatives.’’. should take advantage of training synergies Diplomatic Security Act (22 U.S.C. 4834) is that already exist, like training with, or in PART II—CONTRACTING AND OTHER amended— close proximity to, Fleet Antiterrorism Se- MATTERS (1) in subsection (c), by inserting ‘‘or has curity Teams (FAST), special operations SEC. 1821. LOCAL GUARD CONTRACTS ABROAD engaged in misconduct or unsatisfactorily forces, or other appropriate military and se- UNDER DIPLOMATIC SECURITY PRO- performed the duties of employment of that curity assets; and GRAM. individual, and such misconduct or unsatis- (4) the Secretary should undertake tem- (a) IN GENERAL.—Section 136(c)(3) of the factory performance has significantly con- porary measures, including leveraging the Foreign Relations Authorization Act, Fiscal tributed to the serious injury, loss of life, or availability of existing government and pri- Years 1990 and 1991 (22 U.S.C. 4864(c)(3)) is significant destruction of property, or the se- vate sector training facilities, to the extent amended to read as follows: rious breach of security that is the subject of appropriate to meet the critical security ‘‘(3) in evaluating proposals for such con- the Board’s examination as described in sub- training requirements of the Department of tracts, award contracts to technically ac- section (a),’’ after ‘‘breached the duty of that State. ceptable firms offering the lowest evaluated individual’’; (2) by redesignating subsection (d) as sub- (b) AUTHORIZATION OF APPROPRIATIONS FOR price, except that— section (e); and IMMEDIATE SECURITY TRAINING FOR HIGH ‘‘(A) the Secretary may award contracts on (3) by inserting after subsection (c) the fol- THREAT, HIGH RISK ENVIRONMENTS.—There is the basis of best value (as determined by a authorized to be appropriated for the Depart- cost-technical tradeoff analysis); and lowing: ‘‘(d) MANAGEMENT ACCOUNTABILITY.—If a ment of State $100,000,000 for improved im- ‘‘(B) proposals received from United States Board determines that an individual has en- mediate security training for high threat, persons and qualified United States joint gaged in any conduct addressed in subsection high risk security environments, including venture persons shall be evaluated by reduc- (c), the Board shall evaluate the level and ef- through the utilization of government or pri- ing the bid price by 10 percent;’’. fectiveness of management and oversight vate sector facilities to meet critical secu- (b) REPORT.—Not later than 1 year after conducted by employees or officials in the rity training requirements. the date of the enactment of this Act, the management chain of such individual.’’. (c) ADDITIONAL AUTHORIZATION OF APPRO- Secretary shall submit a report to the appro- SEC. 1824. SECURITY ENHANCEMENTS FOR SOFT PRIATIONS FOR LONG-TERM SECURITY TRAINING priate congressional committees that in- TARGETS. FOR HIGH THREAT, HIGH RISK ENVIRON- cludes— Section 29 of the State Department Basic MENTS.— (1) an explanation of the implementation Authorities Act of 1956 (22 U.S.C. 2701) is (1) IN GENERAL.—There is authorized to be of paragraph (3) of section 136(c) of the For- amended in the third sentence by inserting appropriated $350,000,000 for the acquisition, eign Relations Authorization Act, Fiscal ‘‘physical security enhancements and’’ after construction, and operation of a new Foreign Years 1990 and 1991, as amended by sub- ‘‘Such assistance may include’’. Affairs Security Training Center or expand- section (a); and ing existing government training facilities, SEC. 1825. REEMPLOYMENT OF ANNUITANTS. (2) for each instance in which an award is Section 824(g) of the Foreign Service Act of subject to the certification requirement in made pursuant to subparagraph (A) of such 1980 (22 U.S.C. 4064(g)) is amended— paragraph (2). paragraph, as so amended, a written jus- (1) in paragraph (1)(B), by striking ‘‘to fa- (2) REQUIRED CERTIFICATION.—Not later tification and approval, providing the basis cilitate the’’ and all that follows through than 15 days prior to the obligation or ex- for such award and an explanation of the in- ‘‘Afghanistan, if’’ and inserting ‘‘to facilitate penditure of any funds authorized to be ap- ability to satisfy the needs of the Depart- the assignment of persons to high threat, propriated pursuant to paragraph (1), the ment of State by technically acceptable, high risk posts or to posts vacated by mem- President shall certify to the appropriate lowest price evaluation award. bers of the Service assigned to high threat, congressional committees that the acquisi- SEC. 1822. DISCIPLINARY ACTION RESULTING high risk posts, if’’; tion, construction, and operation of a new FROM UNSATISFACTORY LEADER- (2) by amending paragraph (2) to read as Foreign Affairs Security Training Center, or SHIP IN RELATION TO A SECURITY follows: the expansion of existing government train- INCIDENT. ‘‘(2) The Secretary shall submit to the ing facilities, is necessary to meet long-term Section 304(c) of the Diplomatic Security Committee on Foreign Relations of the Sen- security training requirements for high Act (22 U.S.C. 4834 (c)) is amended— ate and the Committee on Foreign Affairs of threat, high risk environments. (1) by redesignating paragraphs (1), (2), and the House of Representatives a report on the (3) EFFECT OF CERTIFICATION.—If the cer- (3) as subparagraphs (A), (B), and (C), respec- incurred costs over the prior fiscal year of tification in paragraph (2) is made— tively, and moving such subparagraphs, as so the total compensation and benefit pay- (A) up to $100,000,000 of the funds author- redesignated, 2 ems to the right; ments to annuitants reemployed by the De- ized to be appropriated under subsection (b) (2) by striking ‘‘RECOMMENDATIONS’’ and in- partment pursuant to this section.’’; and shall also be authorized for the purposes set serting the following: ‘‘RECOMMENDATIONS.— (3) by adding after paragraph (3) the fol- forth in paragraph (1); or ‘‘(1) IN GENERAL.—Whenever’’; and lowing: (B) up to $100,000,000 of funds available for (3) by inserting at the end the following: ‘‘(4) In the event that an annuitant quali- the acquisition, construction, or operation of ‘‘(2) CERTAIN SECURITY INCIDENTS.—Unsatis- fied for compensation or payments pursuant Department of State facilities may be trans- factory leadership by a senior official with to this subsection subsequently transfers to ferred and used for the purposes set forth in respect to a security incident involving loss a position for which the annuitant would not paragraph (1). of life, serious injury, or significant destruc- qualify for a waiver under this subsection, SEC. 1820. TRANSFER AUTHORITY. tion of property at or related to a United the Secretary may no longer waive the appli- Section 4 of the Foreign Service Buildings States Government mission abroad may be cation of subsections (a) through (d) with re- Act of 1926 (22 U.S.C. 295) is amended by add- grounds for disciplinary action. If a Board spect to such annuitant. ing at the end the following: finds reasonable cause to believe that a sen- ‘‘(5) The authority of the Secretary to ‘‘(j)(1) In addition to exercising any other ior official provided such unsatisfactory waive the application of subsections (a) transfer authority available to the Secretary leadership, the Board may recommend dis- through (d) for an annuitant pursuant to this of State, and subject to subsection (k), the ciplinary action subject to the procedures in subsection shall terminate on October 1, Secretary may transfer to, and merge with, paragraph (1).’’. 2019.’’.

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.062 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4969 PART III—EXPANSION OF THE MARINE the Accountability Review Board Report, a tablished in the Department of State to en- CORPS SECURITY GUARD DETACHMENT thorough explanation as to why such a deci- sure proper and timely resourcing of secu- PROGRAM sion was made; and rity; and SEC. 1831. MARINE CORPS SECURITY GUARD (3) an enumeration and assessment of any (9) a listing of any ‘‘high-threat, high-risk’’ PROGRAM. significant challenges that have slowed or facilities where the Department of State and (a) IN GENERAL.—Pursuant to the responsi- interfered with the Department of State’s other government agencies’ facilities are not bility of the Secretary for diplomatic secu- implementation of the Accountability Re- collocated including— rity under section 103 of the Diplomatic Se- view Board recommendations, including— (A) a rationale for the lack of collocation; curity Act (22 U.S.C. 4802), the Secretary, in (A) a lack of funding or resources made and coordination with the Secretary of Defense, available to the Department of State; (B) a description of what steps, if any, are shall— (B) restrictions imposed by current law being taken to mitigate potential security (1) develop and implement a plan to incor- that in the Secretary’s judgment should be vulnerabilities associated with the lack of porate the additional Marine Corps Security amended; and collocation. Guard personnel authorized under section 404 (C) difficulties caused by a lack of coordi- (c) DETERMINATION OF HIGH THREAT, HIGH of the National Defense Authorization Act nation between the Department of State and RISK FACILITY.—In determining what facili- for Fiscal Year 2013 (Public Law 112–239; 10 other United States Government agencies. ties constitute ‘‘high threat, high risk facili- U.S.C. 5983 note) at United States embassies, SEC. 1837. DESIGNATION AND REPORTING FOR ties’’ under this section, the Secretary shall consulates, and other facilities; and HIGH THREAT, HIGH RISK FACILI- take into account with respect to each facil- (2) conduct an annual review of the Marine TIES. ity whether there are— Corps Security Guard Program, including— (a) REPORT REQUIRED.—Not later than 90 (1) high to critical levels of political vio- (A) an evaluation of whether the size and days after the date of the enactment of this lence or terrorism; composition of the Marine Corps Security Act, and annually thereafter, the Secretary, (2) national or local governments with in- Guard Program is adequate to meet global in consultation with the Director of National adequate capacity or political will to provide diplomatic security requirements; Intelligence and the Secretary of Defense, appropriate protection; and (B) an assessment of whether Marine Corps shall submit to the Committee on Foreign (3) in locations where there are high to security guards are appropriately deployed Relations of the Senate, the Select Com- critical levels of political violence or ter- among facilities to respond to evolving secu- mittee on Intelligence of the Senate, the rorism or national or local governments lack rity developments and potential threats to Committee on Armed Services of the Senate, the capacity or political will to provide ap- United States interests abroad; and Committee on Foreign Affairs of the House propriate protection— of Representatives, the Permanent Select (C) an assessment of the mission objectives (A) mission physical security platforms Committee on Intelligence of the House of of the Marine Corps Security Guard Program that fall well below the Department of Representatives, and the Committee on and the procedural rules of engagement to State’s established standards; or Armed Services of the House of Representa- protect diplomatic personnel under the Pro- (B) security personnel levels that are insuf- tives a classified report, with an unclassified ficient for the circumstances. gram. summary, evaluating Department of State (b) REPORTING REQUIREMENT.—Not later (d) INSPECTOR GENERAL REVIEW AND RE- facilities that the Secretary determines to than 180 days after the date of the enactment PORT.—The Inspector General for the Depart- be ‘‘high threat, high risk’’ in accordance of this Act, and annually thereafter for 3 ment of State and the Broadcasting Board of with subsection (c). years, the Secretary, in coordination with Governors shall, on an annual basis— (b) CONTENT.—For each facility determined the Secretary of Defense, shall submit to the (1) review the determinations of the De- to be ‘‘high threat, high risk’’ pursuant to partment of State with respect to high appropriate congressional committees an un- subsection (a), the report submitted under classified report, with a classified annex as threat, high risk facilities, including the such subsection shall also include— basis for making such determinations; necessary, that addresses the requirements (1) a narrative assessment describing the set forth in subsection (a)(2). (2) review contingency planning for high security threats and risks facing posts over- threat, high risk facilities and evaluate the PART IV—REPORTING ON THE IMPLEMEN- seas and the overall threat level to United measures in place to respond to attacks on TATION OF THE ACCOUNTABILITY RE- States personnel under chief of mission au- such facilities; VIEW BOARD RECOMMENDATIONS thority; (3) review the risk mitigation measures in SEC. 1836. DEPARTMENT OF STATE IMPLEMENTA- (2) the number of diplomatic security per- place at high threat, high risk facilities to TION OF THE RECOMMENDATIONS sonnel, Marine Corps security guards, and PROVIDED BY THE ACCOUNTABILITY determine how the Department of State other Department of State personnel dedi- evaluates risk and whether the measures put REVIEW BOARD CONVENED AFTER cated to providing security for United States THE SEPTEMBER 11–12, 2012, AT- in place sufficiently address the relevant TACKS ON UNITED STATES GOVERN- personnel, information, and facilities; risks; MENT PERSONNEL IN BENGHAZI, (3) an assessment of host nation willing- (4) review early warning systems in place LIBYA. ness and capability to provide protection in at high threat, high risk facilities and evalu- (a) REPORT REQUIRED.—Not later than 90 the event of a security threat or incident, ate the measures being taken to preempt and days after the date of the enactment of this pursuant to the obligations of the United disrupt threats to such facilities; and Act, the Secretary shall submit to the appro- States under the Vienna Convention on Con- (5) provide to the appropriate congres- priate congressional committees an unclassi- sular Relations, done at Vienna April 24, sional committees an assessment of the de- fied report, with a classified annex, on the 1963, and the 1961 Vienna Convention on Dip- terminations of the Department of State implementation by the Department of State lomatic Relations, done at Vienna April 18, with respect to high threat, high risk facili- of the recommendations of the Account- 1961; ties, including recommendations for addi- ability Review Board convened pursuant to (4) an assessment of the quality and experi- tions or changes to the list of such facilities, title III of the Omnibus Diplomatic and ence level of the team of United States sen- and a report regarding the reviews and eval- Antiterrorism Act of 1986 (22 U.S.C. 4831 et ior security personnel assigned to the facil- uations undertaken pursuant to paragraphs seq.) to examine the facts and circumstances ity, considering collectively the assignment (1) through (4) and this paragraph. durations and lengths of government experi- surrounding the September 11–12, 2012, SEC. 1838. DESIGNATION AND REPORTING FOR killings of 4 United States Government per- ence; HIGH-RISK COUNTERINTELLIGENCE sonnel in Benghazi, Libya. (5) the number of Foreign Service Officers THREAT POSTS. (b) CONTENTS.—The report required under who have received Foreign Affairs Counter (a) REPORT REQUIRED.—Not later than 180 subsection (a) shall include— Threat training; days after the date of the enactment of this (1) an assessment of the overall state of the (6) a summary of the requests made during Act, the Secretary, in conjunction with ap- Department of State’s diplomatic security to the previous calendar year for additional re- propriate officials in the intelligence com- respond to the evolving global threat envi- sources, equipment, or personnel related to munity and the Secretary of Defense, shall ronment, and the broader steps the Depart- the security of the facility and the status of submit to the appropriate committees of ment of State is taking to improve the secu- such requests; Congress a report assessing the counterintel- rity of United States diplomatic personnel in (7) an assessment of the ability of United ligence threat to United States diplomatic the aftermath of the Accountability Review States personnel to respond to and survive a facilities in Priority 1 Counterintelligence Board Report; fire attack, including— Threat Nations, including— (2) a description of the specific steps taken (A) whether the facility has adequate fire (1) an assessment of the use of locally em- by the Department of State to address each safety and security equipment for safe ha- ployed staff and guard forces and a listing of of the 29 recommendations contained in the vens and safe areas; and diplomatic facilities in Priority 1 Counter- Accountability Review Board Report, includ- (B) whether the employees working at the intelligence Threat Nations without con- ing— facility have been adequately trained on the trolled access areas; and (A) an assessment of whether implementa- equipment available; (2) recommendations for mitigating any tion of each recommendation is ‘‘complete’’ (8) for each new facility that is opened, a counterintelligence threats and for any nec- or is still ‘‘in progress’’; and detailed description of the steps taken to essary facility upgrades, including costs as- (B) if the Secretary determines not to fully provide security for the new facility, includ- sessment of any recommended mitigation or implement any of the 29 recommendations in ing whether a dedicated support cell was es- upgrades so recommended.

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(b) DEFINITIONS.—In this section: an adverse incident as well as what new sile frigates USS CURTS (FFG–38) and USS (1) APPROPRIATE COMMITTEES OF CON- measures are necessary in order to prevent MCCLUSKY (FFG–41). GRESS.—The term ‘‘appropriate committees the recurrence of such incidents. (b) TRANSFER BY SALE TO THE TAIPEI ECO- of Congress’’ means— SEC. 1842. PROVISION OF COPIES OF ACCOUNT- NOMIC AND CULTURAL REPRESENTATIVE OF- (A) the Committee on Foreign Relations of ABILITY REVIEW BOARD REPORTS FICE IN THE UNITED STATES.—The President the Senate; TO CONGRESS. is authorized to transfer the OLIVER HAZ- (B) the Select Committee on Intelligence Not later than 2 days after an Account- ARD PERRY class guided missile frigates of the Senate; ability Review Board provides its report to USS TAYLOR (FFG–50), USS GARY (FFG– (C) the Committee on Armed Services of the Secretary in accordance with title III of 51), USS CARR (FFG–52), and USS ELROD the Senate; the Omnibus Diplomatic and Antiterrorism (FFG–55) to the Taipei Economic and Cul- (D) the Committee on Appropriations of Act of 1986 (22 U.S.C. 4831 et seq.), the Sec- tural Representative Office in the United the Senate; retary shall provide copies of the report to States (which is the Taiwan instrumentality (E) the Committee on Foreign Affairs of the appropriate congressional committees designated pursuant to section 10(a) of the the House of Representatives; for retention and review by those commit- Taiwan Relations Act (22 U.S.C. 3309(a))) on (F) the Permanent Select Committee on tees. a sale basis under section 21 of the Arms Ex- Intelligence of the House of Representatives SEC. 1843. CHANGES TO EXISTING LAW. port Control Act (22 U.S.C. 2761). (G) the Committee on Armed Services of (a) MEMBERSHIP.—Section 302(a) of the Om- (c) ALTERNATIVE TRANSFER AUTHORITY.— the House of Representatives; and nibus Diplomatic Security and Notwithstanding the authority provided in (H) the Committee on Appropriations of Antiterrorism Act of 1986 (22 U.S.C. 4832(a)) subsections (a), (b), and (c) to transfer spe- the House of Representatives. is amended by inserting ‘‘1 of which shall be cific vessels to specific countries, the Presi- (2) PRIORITY 1 COUNTERINTELLIGENCE a former Senate-confirmed Inspector General dent is authorized to transfer any vessel THREAT NATION.—The term ‘‘Priority 1 Coun- of a Federal department or agency,’’ after ‘‘4 named in this title to any country named in terintelligence Threat Nation’’ means a appointed by the Secretary of State,’’. this section, subject to the same conditions country designated as such by the October (b) STAFF.—Section 302(b)(2) of the Omni- that would apply for such country under this 2012 National Intelligence Priorities Frame- bus Diplomatic Security and Antiterrorism section, such that the total number of ves- work (NIPF). Act of 1986 (22 U.S.C. 4832(b)(2)) is amended sels transferred to such country does not ex- SEC. 1839. COMPTROLLER GENERAL REPORT ON by adding at the end the following: ‘‘Such ceed the total number of vessels authorized IMPLEMENTATION OF BENGHAZI AC- persons shall be drawn from bureaus or other for transfer to such country by this section. COUNTABILITY REVIEW BOARD REC- agency subunits that are not impacted by (d) GRANTS NOT COUNTED IN ANNUAL TOTAL OMMENDATIONS. the incident that is the subject of the OF TRANSFERRED EXCESS DEFENSE ARTI- (a) IN GENERAL.—Not later than 120 days Board’s review.’’. CLES.—The value of a vessel transferred to after the date of the enactment of this Act, another country on a grant basis pursuant to the Comptroller General of the United States PART VI—OTHER MATTERS authority provided by subsection (a) or (c) shall submit a report to the appropriate con- SEC. 1845. ENHANCED QUALIFICATIONS FOR DEP- shall not be counted against the aggregate gressional committees on the progress of the UTY ASSISTANT SECRETARY OF value of excess defense articles transferred Department of State in implementing the STATE FOR HIGH THREAT, HIGH in any fiscal year under section 516 of the RISK POSTS. recommendations of the Benghazi Account- Foreign Assistance Act of 1961 (22 U.S.C. The Omnibus Diplomatic Security and ability Review Board. 2321j). Antiterrorism Act of 1986 is amended by in- (b) CONTENT.—The report required under (e) COSTS OF TRANSFERS.—Any expense inserting after section 206 (22 U.S.C. 4824) the subsection (a) shall include— curred by the United States in connection following: (1) an assessment of the progress the De- with a transfer authorized by this section partment of State has made in implementing ‘‘SEC. 207. DEPUTY ASSISTANT SECRETARY OF shall be charged to the recipient notwith- each specific recommendation of the Ac- STATE FOR HIGH THREAT, HIGH standing section 516(e) of the Foreign Assist- RISK POSTS. countability Review Board; and ance Act of 1961 (22 U.S.C. 2321j(e)). ‘‘The individual serving as Deputy Assist- (2) a description of any impediments to (f) REPAIR AND REFURBISHMENT IN UNITED ant Secretary of State for High Threat, High recommended reforms, such as budget con- STATES SHIPYARDS.—To the maximum extent straints, bureaucratic obstacles within the Risk Posts shall have 1 or more of the fol- practicable, the President shall require, as a Department or in the broader interagency lowing qualifications: condition of the transfer of a vessel under community, or limitations under current ‘‘(1) Service during the last 6 years at 1 or this section, that the recipient to which the law. more posts designated as High Threat, High vessel is transferred have such repair or re- (c) FORM.—The report required under sub- Risk by the Department of State at the time furbishment of the vessel as is needed, before section (a) shall be submitted in unclassified of service. the vessel joins the naval forces of that reform but may contain a classified annex. ‘‘(2) Previous service as the office director cipient, performed at a shipyard located in or deputy director of 1 or more of the fol- SEC. 1840. SECURITY ENVIRONMENT THREAT the United States. lowing Department of State offices or suc- LIST BRIEFINGS. (g) EXPIRATION OF AUTHORITY.—The au- (a) IN GENERAL.—Not later than 90 days cessor entities carrying out substantively thority to transfer a vessel under this sec- after the date of the enactment of this Act, equivalent functions: tion shall expire at the end of the 3-year pe- and upon each subsequent update of the Se- ‘‘(A) The Office of Mobile Security Deploy- riod beginning on the date of the enactment curity Environment Threat List (referred to ments. of this Act. in this section as the ‘‘SETL’’), the Bureau ‘‘(B) The Office of Special Programs and Coordination. SEC. 1853. INCREASE IN ANNUAL LIMITATION ON of Diplomatic Security shall provide classi- TRANSFER OF EXCESS DEFENSE AR- fied briefings to the appropriate congres- ‘‘(C) The Office of Overseas Protective Op- TICLES. sional committees on the SETL. erations. Section 516(g)(1) of the Foreign Assistance (b) CONTENT.—The briefings required under ‘‘(D) The Office of Physical Security Pro- Act of 1961 (22 U.S.C. 2321j(g)(1)) is amended subsection (a) shall include— grams. by striking ‘‘$425,000,000’’ and inserting (1) an overview of the SETL; and ‘‘(E) The Office of Intelligence and Threat ‘‘$500,000,000’’. (2) a summary assessment of the security Analysis. ‘‘(3) Previous service as the Regional Secu- SEC. 1854. INTEGRATED AIR AND MISSILE DE- posture of those facilities where the SETL FENSE PROGRAMS AT TRAINING LO- assesses the threat environment to be most rity Officer at 2 or more overseas posts. CATIONS IN SOUTHWEST ASIA. acute, including factors that informed such ‘‘(4) Other government or private sector ex- Section 544(c) of the Foreign Assistance assessment. perience substantially equivalent to service Act of 1961 (22 U.S.C. 2347c(c)) is amended by in the positions listed in paragraphs (1) PART V—ACCOUNTABILITY REVIEW adding at the end the following new para- through (3).’’. BOARDS graph: Subtitle B—Naval Vessel Transfers and SEC. 1841. SENSE OF CONGRESS. ‘‘(4) The President shall report to the ap- Security Enhancement It is the sense of Congress that— propriate congressional committees (as de- (1) the Accountability Review Board mech- SEC. 1851. SHORT TITLE. fined in section 656(e)) annually on the ac- anism outlined in section 302 of the Omnibus This subtitle may be cited as the ‘‘Naval tivities undertaken in the programs author- Diplomatic Security and Antiterrorism Act Vessel Transfer and Security Enhancement ized under this subsection.’’. (22 U.S.C. 4832) is an effective tool to collect Act of 2014’’. Subtitle C—Amendments to Arms Export information about and evaluate adverse inci- SEC. 1852. TRANSFER OF NAVAL VESSELS TO Control Act to Enhance Congressional dents that occur in a world that is increas- CERTAIN FOREIGN RECIPIENTS. Oversight ingly complex and dangerous for United (a) TRANSFER BY GRANT TO GOVERNMENT OF SEC. 1861. ENHANCED CONGRESSIONAL OVER- States diplomatic personnel; and MEXICO.—The President is authorized to SIGHT OF FOREIGN MILITARY (2) the Accountability Review Board transfer to the Government of Mexico on a SALES. should provide information and analysis that grant basis under section 516 of the Foreign Section 36 of the Arms Export Control Act will assist the Secretary, the President, and Assistance Act of 1961 (22 U.S.C. 2321j) the (22 U.S.C. 2776) is amended by adding at the Congress in determining what contributed to OLIVER HAZARD PERRY class guided mis- end the following new subsection:

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‘‘(i) PRIOR NOTIFICATION OF SHIPMENT OF on Foreign Affairs of the House of Represent- tions’’ each place it appears and inserting ARMS.—At least 30 days prior to a shipment atives and the chairman of the Committee ‘‘Foreign Affairs’’; of defense articles subject to the require- on Foreign Relations of the Senate con- (4) in sections 27(f) and 62(a), by inserting ments of subsection (b) at the joint request sistent with the notification requirements of after ‘‘the Speaker of the House of Rep- of the Chairman and Ranking Member of the section 36(b)(5)(A) of this Act. resentatives,’’ each place it appears the fol- Committee on Foreign Relations of the Sen- ‘‘(C) In this paragraph, the term ‘defense lowing: ‘‘the Committee on Foreign Affairs ate or the Committee on Foreign Affairs of article’ means an item designated by the of the House of Representatives,’’; and the House of Representatives, the Secretary President pursuant to subsection (a)(1).’’. (5) in section 73(e)(2), by striking ‘‘the of State shall provide notification of such (b) NOTIFICATION AND REPORTING REQUIRE- Committee on National Security and the pending shipment, in unclassified form, with MENTS FOR MAJOR DEFENSE EQUIPMENT RE- Committee on International Relations of the a classified annex as necessary, to the Com- MOVED FROM UNITED STATES MUNITIONS House of Representatives’’ and inserting mittee on Foreign Relations of the Senate LIST.—Section 38(f) of the Arms Export Con- ‘‘the Committee on Armed Services and the and the Committee on Foreign Affairs of the trol Act (22 U.S.C. 2778(f)), as amended by Committee on Foreign Affairs of the House House of Representatives.’’. this section, is further amended by adding at of Representatives’’. SEC. 1862. LICENSING OF CERTAIN COMMERCE- the end the following: (b) OTHER TECHNICAL AMENDMENTS.— CONTROLLED ITEMS. ‘‘(6) The President shall ensure that any (1) ARMS EXPORT CONTROL ACT.—The Arms Section 38 of the Arms Export Control Act major defense equipment that is listed on Export Control Act (22 U.S.C. 2751 et seq.), as (22 U.S.C. 2778) is amended by adding at the the 600 series of the Commerce Control List amended by subsection (a), is further amend- end the following new subsection: contained in Supplement No. 1 to part 774 of ed— ‘‘(k) LICENSING OF CERTAIN COMMERCE-CON- subtitle B of title 15, Code of Federal Regula- (A) in section 38— TROLLED ITEMS.— tions, shall continue to be subject to the no- (i) in subsection (b)(1), by redesignating ‘‘(1) IN GENERAL.—A license or other ap- tification and reporting requirements of the the second subparagraph (B) (as added by proval from the Department of State granted following provisions of law: in accordance with this section may also au- section 1255(b) of the Foreign Relations Au- ‘‘(A) Section 516(f) of the Foreign Assist- thorization Act, Fiscal Years 1988 and 1989 thorize the export of items subject to the Ex- ance Act of 1961 (22 U.S.C. 2321j(f)). port Administration Regulations if such (Public Law 100–204; 101 Stat. 1431)) as sub- ‘‘(B) Section 655 of the Foreign Assistance paragraph (C); items are to be used in or with defense arti- Act of 1961 (22 U.S.C. 2415). cles controlled on the United States Muni- (ii) in subsection (g)(1)(A)— ‘‘(C) Section 3(d)(3)(A) of this Act. tions List. (I) in clause (xi), by striking ‘‘; or’’ and in- ‘‘(D) Section 25 of this Act. ‘‘(2) OTHER REQUIREMENTS.—The following serting ‘‘, or’’; and ‘‘(E) Section 36(b), (c), and (d) of this Act.’’. requirements shall apply with respect to a li- (II) in clause (xii)— cense or other approval to authorize the ex- SEC. 1864. AMENDMENT TO DEFINITION OF ‘‘SE- (aa) by striking ‘‘section’’ and inserting CURITY ASSISTANCE’’ UNDER THE port of items subject to the Export Adminis- ‘‘sections’’; and FOREIGN ASSISTANCE ACT OF 1961. (bb) by striking ‘‘(18 U.S.C. 175b)’’ and in- tration Regulations under paragraph (1): Section 502B(d) of the Foreign Assistance serting ‘‘(18 U.S.C. 175c)’’; and ‘‘(A) Separate approval from the Depart- Act of 1961 (22 U.S.C. 2304(d)) is amended— (iii) in subsection (j)(2), in the matter pre- ment of Commerce shall not be required for (1) in paragraph (1), by striking ‘‘and’’ at ceding subparagraph (A), by inserting ‘‘in’’ such items if such items are approved for ex- the end; and after ‘‘to’’; and port under a Department of State license or (2) by amending paragraph (2)(C) to read as (B) in section 47(2), in the matter preceding other approval. follows: subparagraph (A), by striking ‘‘sec. 21(a),,’’ ‘‘(B) Such items subject to the Export Ad- ‘‘(C) any license in effect with respect to and inserting ‘‘section 21(a),’’. ministration Regulations that are exported the export to or for the armed forces, police, (2) FOREIGN ASSISTANCE ACT OF 1961.—Sec- pursuant to a Department of State license or intelligence, or other internal security tion 502B of the Foreign Assistance Act of other approval would remain under the juris- forces of a foreign country of— 1961 (22 U.S.C. 2304) is amended— diction of the Department of Commerce with ‘‘(i) defense articles or defense services (A) in subsection (b), by striking ‘‘Wher- respect to any subsequent transactions. under section 38 of the Armed Export Con- ‘‘(C) The inclusion of the term ‘subject to ever applicable, a description’’ and inserting trol Act (22 U.S.C. 2778); or the EAR’ or any similar term on a Depart- ‘‘Wherever applicable, such report shall in- ‘‘(ii) items listed under the 600 series of the ment of State license or approval shall not clude a description’’; and Commerce Control List contained in Supple- affect the jurisdiction with respect to such (B) in subsection (d)(2)(B), by striking ment No. 1 to part 774 of subtitle B of title items. ‘‘credits’’ and inserting ‘‘credits)’’. 15, Code of Federal Regulations;’’. ‘‘(3) DEFINITION.—In this subsection, the Subtitle D—Application of Certain Provisions term ‘Export Administration Regulations’ SEC. 1865. AMENDMENTS TO DEFINITIONS OF ‘‘DEFENSE ARTICLE’’ AND ‘‘DEFENSE of Export Administration Act of 1979 means— SERVICE’’ UNDER THE ARMS EX- ‘‘(A) the Export Administration Regula- SEC. 1871. APPLICATION OF CERTAIN PROVI- PORT CONTROL ACT. SIONS OF EXPORT ADMINISTRATION tions as maintained and amended under the Section 47 of the Arms Export Control Act ACT OF 1979. authority of the International Emergency (22 U.S.C. 2794) is amended— (a) PROTECTION OF INFORMATION.—Section Economic Powers Act (50 U.S.C. 1701 et seq.); (1) in the matter preceding subparagraph 12(c) of the Export Administration Act of or (A) of paragraph (3), by striking ‘‘includes’’ 1979 (50 U.S.C. App. 2411(c)) has been in effect ‘‘(B) any successor regulations.’’. and inserting ‘‘means, with respect to a sale from August 20, 2001, and continues in effect SEC. 1863. AMENDMENTS RELATING TO REMOVAL or transfer by the United States under the on and after the date of the enactment of OF MAJOR DEFENSE EQUIPMENT authority of this Act or any other foreign as- FROM UNITED STATES MUNITIONS this Act, pursuant to the International LIST. sistance or sales program of the United Emergency Economic Powers Act (50 U.S.C. (a) REQUIREMENTS FOR REMOVAL OF MAJOR States’’; and 1701 et seq.) and notwithstanding section 20 DEFENSE EQUIPMENT FROM UNITED STATES (2) in paragraph (4), by striking ‘‘includes’’ of the Export Administration Act of 1979 (50 MUNITIONS LIST.—Section 38(f) of the Arms and inserting ‘‘means, with respect to a sale U.S.C. App. 2419). Section 12(c)(1) of the Ex- Export Control Act (22 U.S.C. 2778(f)) is or transfer by the United States under the port Administration Act of 1979 is a statute amended by adding at the end the following: authority of this Act or any other foreign as- covered by section 552(b)(3) of title 5, United ‘‘(5)(A) Except as provided in subparagraph sistance or sales program of the United States Code. (B), the President shall take such actions as States,’’. (b) TERMINATION DATE.—Subsection (a) ter- may be necessary to require that, at the SEC. 1866. TECHNICAL AMENDMENTS. minates at the end of the 4-year period be- time of export or reexport of any major de- (a) IN GENERAL.—The Arms Export Control ginning on the date of the enactment of this fense equipment listed on the 600 series of Act (22 U.S.C. 2751 et seq.) is amended— Act. the Commerce Control List contained in (1) in sections 3(a), 3(d)(1), 3(d)(3)(A), 3(e), Supplement No. 1 to part 774 of subtitle B of 5(c), 6, 21(g), 36(a), 36(b)(1), 36(b)(5)(C), SA 3689. Mrs. FISCHER (for herself 36(c)(1), 36(f), 38(f)(1), 40(f)(1), 40(g)(2)(B), title 15, Code of Federal Regulations, the and Mr. KING) submitted an amend- 101(b), and 102(a)(2), by striking ‘‘the Speaker major defense equipment will not be subse- ment intended to be proposed by her to quently modified so as to transform such of the House of Representatives and’’ each major defense equipment into a defense arti- place it appears and inserting ‘‘the Speaker the bill S. 2569, to provide an incentive cle. of the House of Representatives, the Com- for businesses to bring jobs back to ‘‘(B) The President may authorize the mittee on Foreign Affairs of the House of America; which was ordered to lie on transformation of any major defense equip- Representatives, and’’; the table; as follows: ment described in subparagraph (A) into a (2) in section 21(i)(1) by inserting after ‘‘the At the end, insert the following: defense article if the President— Speaker of the House of Representatives’’ ‘‘(i) determines that such transformation the following ‘‘, the Committees on Foreign TITLE II—EMPLOYER CREDIT FOR PAID is appropriate and in the national interests Affairs and Armed Services of the House of FAMILY AND MEDICAL LEAVE of the United States; and Representatives,’’; SEC. 201. SHORT TITLE. ‘‘(ii) provides notice of such trans- (3) in sections 25(e), 38(f)(2), 38(j)(3), and This title may be cited as the ‘‘Strong formation to the chairman of the Committee 38(j)(4)(B), by striking ‘‘International Rela- Families Act’’

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.062 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4972 CONGRESSIONAL RECORD — SENATE July 24, 2014 SEC. 202. EMPLOYER CREDIT FOR PAID FAMILY mined without regard to this paragraph), years beginning after the date of the enact- AND MEDICAL LEAVE. whether or not covered by that title I, who ment of this Act. (a) IN GENERAL.— offers paid family and medical leave to added (1) ALLOWANCE OF CREDIT.—Subpart D of employees. part IV of subchapter A of chapter 1 of the ‘‘(3) TREATMENT OF STATE-PAID BENEFITS.— SA 3690. Mr. REID (for Mr. RUBIO) Internal Revenue Code of 1986 is amended by For purposes of paragraph (1), any leave proposed an amendment to the resolu- adding at the end the following new section: which is paid by a State or local government tion S. Res. 462, recognizing the Khmer ‘‘SEC. 45S. EMPLOYER CREDIT FOR PAID FAMILY shall not be taken into account in deter- and Lao/Hmong Freedom Fighters of AND MEDICAL LEAVE. mining the amount of paid family and med- Cambodia and Laos for supporting and ‘‘(a) IN GENERAL.—For purposes of section ical leave provided by the employer. defending the United States Armed ‘‘(4) NO INFERENCE.—Nothing in this sub- 38, in the case of an eligible employer, the Forces during the conflict in Southeast paid family and medical leave credit is an section shall be construed as subjecting an amount equal to 25 percent of the amount of employer to any penalty, liability, or other Asia; as follows: wages paid to qualifying employees during consequence (other than ineligibility for the Strike the seventh and eight whereas any period in which such employees are on credit allowed by reason of subsection (a)) clauses of the preamble and insert the fol- family and medical leave. for failure to comply with the requirements lowing: ‘‘(b) LIMITATIONS.— of this subsection. Whereas the Khmer National Armed ‘‘(1) IN GENERAL.—The credit allowed under ‘‘(d) QUALIFYING EMPLOYEES.—For purposes Forces of Cambodia facilitated the evacu- of this section, the term ‘qualifying em- subsection (a) with respect to any employee ation of the United States Embassy in ployee’ means any employee (as defined in for any taxable year shall not exceed the Phnom Penh on April 12, 1975, by continuing section 3(e) of the Fair Labor Standards Act lesser of— to fight Khmer Rouge forces as the forces ad- of 1938) who has been employed by the em- ‘‘(A) $4,000, or vanced upon the capital; ‘‘(B) the product of the wages normally ployer for 1 year or more. ‘‘(e) FAMILY AND MEDICAL LEAVE.—For pur- paid to such employee for each hour (or frac- poses of this section, the term ‘family and f tion thereof) of services performed for the medical leave’ means leave for any purpose employer and the number of hours (or frac- described under subparagraph (A), (B), (C), tion thereof) for which family and medical (D), or (E) of paragraph (1), or paragraph (3), NOTICES OF HEARINGS leave is taken. of section 102(a) of the Family and Medical COMMITTEE ON ENERGY AND NATURAL For purposes of subparagraph (B), in the case Leave Act of 1993, whether the leave is pro- RESOURCES of any employee who is not paid on an hour- vided under that Act or by a policy of the ly basis, the wages of such employee shall be employer. Such term shall not include any Ms. LANDRIEU. Mr. President, I prorated to an hourly basis under regula- leave provided as paid vacation leave, per- would like to announce for the infor- tions established by the Secretary, in con- sonal leave, or medical or sick leave (within mation of the Senate and the public sultation with the Secretary of Labor. the meaning of those 3 terms under section that a hearing has been scheduled be- ‘‘(2) MAXIMUM AMOUNT OF LEAVE SUBJECT TO 102(d)(2) of that Act). fore the Senate Committee on Energy CREDIT.—The amount of family and medical ‘‘(f) WAGES.—For purposes of this section, leave that may be taken into account with the term ‘wages’ has the meaning given such and Natural Resources. The hearing respect to any employee under subsection (a) term by subsection (b) of section 3306 (deter- will be held on Tuesday, July 29, 2014, for any taxable year shall not exceed 12 mined without regard to any dollar limita- at 2:15 p.m., in room 366 of the Dirksen weeks. tion contained in such section). Such term Senate Office Building. shall not include any amount taken into ac- ‘‘(c) ELIGIBLE EMPLOYER.—For purposes of The title of this hearing is ‘‘Breaking this section— count for purposes of determining any other ‘‘(1) IN GENERAL.—The term ‘eligible em- credit allowed under this subpart. the Logjam at BLM: Examining Ways ‘‘(g) ELECTION TO HAVE CREDIT NOT ployer’ means any employer who has in place to More Efficiently Process Permits for APPLY.— a policy that meets the following require- Energy Production on Federal Lands.’’ ‘‘(1) IN GENERAL.—A taxpayer may elect to ments: The purpose of this hearing is to under- have this section not apply for any taxable ‘‘(A) The policy provides— year. stand the obstacles in permitting more ‘‘(i) all qualifying full-time employees with ‘‘(2) OTHER RULES.—Rules similar to the energy projects on Federal lands and to not less than 4 weeks of annual paid family rules of paragraphs (2) and (3) of section 51(j) consider S. 279, the Public Land Renew- and medical leave, and shall apply for purposes of this subsection.’’. able Energy Development Act of 2013, ‘‘(ii) all qualifying employees who are not (b) CREDIT PART OF GENERAL BUSINESS full-time employees with an amount of an- and S. 2440, the BLM Permit Proc- CREDIT.—Section 38(b) of the Internal Rev- essing Improvement Act of 2014, and re- nual paid family and medical leave that enue Code of 1986 is amended by striking bears the same ratio to 4 weeks as— ‘‘plus’’ at the end of paragraph (35), by strik- lated issues. ‘‘(I) the number of hours the employee is ing the period at the end of paragraph (36) Because of the limited time available expected to work during any week, bears to and inserting ‘‘, plus’’, and by adding at the for the hearing, witnesses may testify ‘‘(II) the number of hours an equivalent end the following new paragraph: qualifying full-time employee is expected to by invitation only. However, those ‘‘(37) in the case of an eligible employer (as wishing to submit written testimony work during the week. defined in section 45S(c)), the paid family ‘‘(B) The policy requires that the rate of and medical leave credit determined under for the hearing record may do so by payment under the program is not less than section 45S(a).’’. sending it to the Committee on Energy 100 percent of the wages normally paid to (c) CREDIT ALLOWED AGAINST AMT.—Sub- and Natural Resources, United States such employee for services performed for the paragraph (B) of section 38(c)(4) of the Inter- Senate, Washington, D.C. 20510–6150, or employer. nal Revenue Code of 1986 is amended by re- by e-mail to ‘‘(2) SPECIAL RULE FOR CERTAIN EMPLOY- designating clauses (vii) through (ix) as [email protected]. ERS.— clauses (vii) through (x), respectively, and by ‘‘(A) IN GENERAL.—An added employer shall inserting after clause (vi) the following new For further information, please con- not be treated as an eligible employer unless clause: tact Jan Brunner at (202) 224–3907 or such employer provides paid family and med- ‘‘(vii) the credit determined under section Kristen Granier at (202) 224–1219. ical leave under a policy with a provision 45S,’’. that states that the employer— (d) CONFORMING AMENDMENTS.— COMMITTEE ON HEALTH, EDUCATION, LABOR, ‘‘(i) will not interfere with, restrain, or (1) DENIAL OF DOUBLE BENEFIT.—Section AND PENSIONS deny the exercise of or the attempt to exer- 280C(a) of the Internal Revenue Code of 1986 Mr. HARKIN. Mr. President, I wish to cise, any right provided under the policy, is amended by inserting ‘‘45S(a),’’ after announce that the Committee on ‘‘45P(a),’’. and Health, Education, Labor, and Pen- ‘‘(ii) will not discharge or in any other (2) ELECTION TO HAVE CREDIT NOT APPLY.— manner discriminate against any individual Section 6501(m) of such Code is amended by sions will to meet on July 30, 2014, at for opposing any practice prohibited by the inserting ‘‘45S(g),’’ after ‘‘45H(g),’’. 10:15 a.m., in room SD–430 of the Dirk- policy. (3) CLERICAL AMENDMENT.—The table of sen Senate Office Building, to conduct ‘‘(B) ADDED EMPLOYER; ADDED EMPLOYEE.— sections for subpart D of part IV of sub- a hearing entitled ‘‘Paid Family Leave: For purposes of this paragraph— chapter A of chapter 1 of such Code is The Benefits for Businesses and Work- ‘‘(i) ADDED EMPLOYEE.—The term ‘added amended by adding at the end the following ing Families.’’ employee’ means a qualifying employee who new item: is not covered by title I of the Family and ‘‘Sec. 45S. Employer credit for paid family For further information regarding Medical Leave Act of 1993. and medical leave.’’. this meeting, please contact Ashley ‘‘(ii) ADDED EMPLOYER.—The term ‘added (e) EFFECTIVE DATE.—The amendments Eden of the committee staff on (202) employer’ means an eligible employer (deter- made by this section shall apply to taxable 224–9243.

VerDate Mar 15 2010 06:10 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.063 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE July 24, 2014 CONGRESSIONAL RECORD — SENATE S4973 AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without The resolution, with its preamble, as MEET objection, it is so ordered. amended, reads as follows: COMMITTEE ON ENERGY AND NATURAL SUBCOMMITTEE ON EMERGENCY MANAGEMENT, S. RES. 462 RESOURCES INTERGOVERNMENTAL RELATIONS, AND THE Whereas the Khmer and Lao/Hmong Free- Mr. REID. Mr. President. I ask unan- DISTRICT OF COLUMBIA dom Fighters (also known as the ‘‘Khmer imous consent that the Committee on Mr. REID. Mr. President, I ask unan- and Lao/Hmong veterans’’) fought and died Energy and Natural Resources be au- imous consent that the Subcommittee with United States Armed Forces during the conflict in Southeast Asia; thorized to meet during the session of on Emergency Management, Intergov- ernmental Relations, and the District Whereas the Khmer and Lao/Hmong Free- the Senate on July 24, 2014, at 10 a.m., dom Fighters rescued United States pilots in room SD-366 of the Dirksen Senate of Columbia of the Committee on Homeland Security and Governmental shot down in enemy-controlled territory and Office Building. returned the pilots to safety; The PRESIDING OFFICER. Without Affairs be authorized to meet during Whereas the Khmer and Lao/Hmong Free- objection, it is so ordered. the session of the Senate on July 24, dom Fighters retrieved and prevented from 2014, at 2:30 p.m. to conduct a hearing falling into enemy hands secret and sensitive COMMITTEE ON FINANCE entitled, ‘‘The Path to Efficiency: information, technology, and equipment; Mr. REID. Mr. President, I ask unan- Making FEMA More Effective for Whereas the Khmer and Lao/Hmong Free- imous consent that the Committee on Streamlined Disaster Operations.’’ dom Fighters captured and destroyed enemy Finance be authorized to meet during The PRESIDING OFFICER. Without supplies and prevented enemy forces from the session of the Senate on July 24, objection, it is so ordered. using the supplies to kill members of the 2014, at 10 a.m., in room SD–215 of the United States Armed Forces; Dirksen Senate Office Building, to con- f Whereas the Khmer and Lao/Hmong Free- duct a hearing entitled ‘‘Social Secu- PRIVILEGES OF THE FLOOR dom Fighters gathered and provided to the rity: A Fresh Look at Workers’ Dis- United States Armed Forces intelligence Mr. HARKIN. Mr. President, I ask about enemy troop positions, movement, and ability Insurance.’’ unanimous consent that Chris Re- strength; The PRESIDING OFFICER. Without Scherer and Kylie Noble, interns with Whereas the Khmer and Lao/Hmong Free- objection, it is so ordered. my personal office, be granted floor dom Fighters provided food, shelter, and sup- COMMITTEE ON FOREIGN RELATIONS privileges for the remainder of the port to the United States Armed Forces; Mr. REID. Mr. President, I ask unan- day’s session. Whereas the Khmer National Armed imous consent that the Committee on The PRESIDING OFFICER. Without Forces of Cambodia facilitated the evacu- Foreign Relations be authorized to objection, it is so ordered. ation of the United States Embassy in Phnom Penh on April 12, 1975, by continuing meet during the session of the Senate f to fight Khmer Rouge forces as the forces ad- on July 24, 2014, at 10 a.m., to conduct RECOGNIZING FREEDOM FIGHTERS vanced upon the capital; a hearing entitled ‘‘Iraq at a Cross- OF CAMBODIA AND LAOS Whereas veterans of the Khmer Mobile roads: Options for U.S. Policy.’’ Guerrilla Forces, the Lao/Hmong Special The PRESIDING OFFICER. Without Mr. REID. Madam President, I ask Guerrilla Units, and the Khmer Republic objection, it is so ordered. unanimous consent that the Senate Armed Forces defended human rights, free- COMMITTEE ON HEALTH, EDUCATION, LABOR, proceed to the consideration of S. Res. dom of speech, freedom of religion, and free- AND PENSIONS 462. dom of representation and association; and The PRESIDING OFFICER. The Whereas the Khmer and Lao/Hmong Free- Mr. REID. Mr. President, I ask unan- dom Fighters have not yet received official imous consent that the Committee on clerk will report the resolution by title. recognition from the United States Govern- Health, Education, Labor, and Pen- ment for their heroic efforts and support: sions be authorized to meet during the The assistant legislative clerk read Now, therefore, be it session of the Senate on July 24, 2014, as follows: Resolved, That the Senate affirms and rec- at 10 a.m. in room SD–430 of the Dirk- A resolution (S. Res. 462) recognizing the ognizes the Khmer and Lao/Hmong Freedom sen Senate Office Building to conduct a Khmer and Lao/Hmong Freedom Fighters of Fighters and the people of Cambodia and Cambodia and Laos for supporting and de- Laos for their support and defense of the hearing entitled ‘‘The Role of States in fending the United States Armed Forces dur- United States Armed Forces and freedom of Higher Education.’’ ing the conflict in Southeast Asia and for democracy in Southeast Asia. The PRESIDING OFFICER. Without their continued support and defense of the The amendment to the title was objection, it is so ordered. United States. agreed to, as follows: COMMITTEE ON HOMELAND SECURITY AND There being no objection, the Senate Amend the title so as to read: ‘‘A resolu- GOVERNMENTAL AFFAIRS proceeded to consider the resolution, tion recognizing the Khmer and Lao/Hmong Mr. REID. Mr. President, I ask unan- which had been reported from the Com- Freedom Fighters of Cambodia and Laos for imous consent that the Committee on mittee on Foreign Relations, with an supporting and defending the United States Homeland Security and Governmental amendment to the title. Armed Forces during the conflict in South- Affairs be authorized to meet during Mr. REID. Madam President, I ask east Asia.’’. the session of the Senate on July 24, unanimous consent that the resolution f 2014, at 10:30 a.m. be agreed to, the Rubio amendment to NATIONAL AIRBORNE DAY The PRESIDING OFFICER. Without the preamble be agreed to, the pre- objection, it is so ordered. Mr. REID. Madam President, I ask amble, as amended, be agreed to, the unanimous consent that the Senate COMMITTEE ON HOMELAND SECURITY AND amendment to the title be agreed to, proceed to the consideration of S. Res. GOVERNMENTAL AFFAIRS and the motions to reconsider be made 519. Mr. REID. Mr. President, I ask unan- and laid upon the table. The PRESIDING OFFICER. The imous consent that the Committee on The PRESIDING OFFICER. Without clerk will report the resolution by Homeland Security and Governmental objection, it is so ordered. title. Affairs be authorized to meet during The resolution (S. Res. 462) was The assistant legislative clerk read the session of the Senate on July 24, agreed to. as follows: The amendment (No. 3690) was agreed 2014, at 3:45 p.m. A resolution (S. Res. 519) designating Au- The PRESIDING OFFICER. Without to, as follows: gust 16, 2014, as ‘‘National Airborne Day.’’ objection, it is so ordered. Strike the seventh and eight whereas There being no objection, the Senate clauses of the preamble and insert the fol- COMMITTEE ON THE JUDICIARY proceeded to consider the resolution. Mr. REID. Mr. President, I ask unan- lowing: Whereas the Khmer National Armed Mr. REID. Madam President, I ask imous consent that the Committee on Forces of Cambodia facilitated the evacu- unanimous consent that the resolution the Judiciary be authorized to meet ation of the United States Embassy in be agreed to, the preamble be agreed during the session of the Senate on Phnom Penh on April 12, 1975, by continuing to, and the motions to reconsider be July 24, 2014, at 10:15 a.m., in room SD– to fight Khmer Rouge forces as the forces ad- laid upon the table, with no inter- 226 of the Dirksen Senate Office Build- vanced upon the capital; vening action or debate. ing, to conduct a hearing entitled ‘‘Ju- The preamble, as amended, was The PRESIDING OFFICER. Without dicial Nominations.’’ agreed to. objection, it is so ordered.

VerDate Mar 15 2010 06:10 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.064 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE S4974 CONGRESSIONAL RECORD — SENATE July 24, 2014 The resolution (S. Res. 519) was EXECUTIVE SESSION PROGRAM agreed to. Mr. REID. Madam President, I ask Mr. REID. On Monday, at 5:30 p.m., The preamble was agreed to. unanimous consent that the Senate re- the Senate will vote on confirmation of (The resolution, with its preamble, is sume executive session. the Harris, Mohorovic, and McKeon printed in today’s RECORD under ‘‘Sub- nominations. There could be up to five mitted Resolutions.’’) The PRESIDING OFFICER. Without objection, it is so ordered. rollcall votes on Monday, but we ex- f pect several of these to be confirmed by voice. MEASURE READ THE FIRST f TIME—S. 2666 f Mr. REID. Madam President, I under- ORDERS FOR MONDAY, JULY 28, stand there is a bill at the desk, and I 2014 ADJOURNMENT UNTIL MONDAY, ask for its first reading. Mr. REID. Madam President, I ask JULY 28, 2014, AT 2 P.M. The PRESIDING OFFICER. The unanimous consent that when the Sen- Mr. REID. Madam President, if there clerk will read the bill by title for the ate completes its business today, it ad- is no further business to come before first time. journ until 2 p.m. Monday, July 28; the Senate, I ask unanimous consent The assistant legislative clerk read that following the prayer and the that it adjourn under the previous as follows: pledge, the morning hour be deemed order. A bill (S. 2666) to prohibit future consider- expired, the Journal of proceedings be There being no objection, the Senate, ation of deferred action for childhood arriv- approved to date, the time for the two at 6:13 p.m., adjourned until Monday, als or work authorization for aliens who are leaders be reserved for their use later July 28, 2014, at 2 p.m. not in lawful status, to facilitate the expe- in the day; that following any leader dited processing of minors entering the remarks the Senate proceed to execu- f United States across the southern border, tive session and resume the consider- and to require the Secretary of Defense to CONFIRMATIONS reimburse States for National Guard deploy- ation of Calendar No. 929, with the ments in response to large-scale border time until 5:30 p.m. equally divided be- Executive nominations confirmed by crossings of unaccompanied alien children tween the two leaders or their des- the Senate July 24, 2014: from noncontiguous countries. ignees; that at 5:30 p.m. all postcloture DEPARTMENT OF DEFENSE time be deemed expired and the Senate Mr. REID. Madam President, I now LISA S. DISBROW, OF VIRGINIA, TO BE AN ASSISTANT ask for its second reading and, in order proceed to vote on confirmation of the SECRETARY OF THE AIR FORCE. to place the bill on the calendar under nomination, and immediately upon dis- DEPARTMENT OF TRANSPORTATION the provisions of rule XIV, I object to position of the Harris nomination, the VICTOR M. MENDEZ, OF ARIZONA, TO BE DEPUTY SEC- my own request. Senate execute the previous order with RETARY OF TRANSPORTATION. PETER M. ROGOFF, OF VIRGINIA, TO BE UNDER SEC- The PRESIDING OFFICER. Objec- respect to Calendar Nos. 915, 916, 913, RETARY OF TRANSPORTATION FOR POLICY. and 744. tion having been heard, the bill will be DEPARTMENT OF COMMERCE read for the second time on the next The PRESIDING OFFICER. Without BRUCE H. ANDREWS, OF NEW YORK, TO BE DEPUTY legislative day. objection, it is so ordered. SECRETARY OF COMMERCE.

VerDate Mar 15 2010 03:57 Jul 25, 2014 Jkt 039060 PO 00000 Frm 00124 Fmt 4624 Sfmt 9801 E:\CR\FM\G24JY6.105 S24JYPT1 smartinez on DSK4TPTVN1PROD with SENATE