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

Vol. 159 WASHINGTON, THURSDAY, NOVEMBER 7, 2013 No. 158 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, November 12, 2013, at 2 p.m. Senate THURSDAY, NOVEMBER 7, 2013

The Senate met at 10 a.m. and was The PRESIDENT pro tempore. The of 95, Billy Graham will preach what’s called to order by the President pro clerk will report the motion. been called his final message to Amer- tempore (Mr. LEAHY). The legislative clerk read as follows: ica. Motion to proceed to the bill (H.R. 3204) to Growing up, Billy Graham wanted to PRAYER amend the Federal Food, Drug, and Cosmetic be a baseball player. Thankfully, God The Chaplain, Dr. Barry C. Black, of- Act with respect to human drug had different plans. And ever since that fered the following prayer: compounding and drug supply chain secu- night in Tampa, he’s put his extraor- Let us pray. rity, and for other purposes. dinary natural talents and generosity O God, our refuge and strength, give RECOGNITION OF THE MINORITY LEADER of spirit at the service of others. us reverence for Your greatness. Guide The PRESIDENT pro tempore. The Billy Graham’s first crusade took our Senators around the pitfalls of Republican leader is recognized. place in the Civic Auditorium in Grand their work, enabling them to have Mr. MCCONNELL. Mr. President, I Rapids, MI, in September 1947. In the hearts sustained by Your peace. May thank the majority leader for giving decades to come, more than 400 cru- they surrender their will to You as me an opportunity to speak first this sades would follow in more than 185 they trust You to direct their path. morning due to a commitment I have countries and territories on six con- Lord, give them the wisdom to receive away from the Capitol. tinents. At one memorable crusade in Your approval with the understanding TRIBUTE TO BILLY GRAHAM South Korea, more than one million that You chastise those whom You love Mr. MCCONNELL. Mr. President, I people showed up to hear the powerful for their good. Empower them to find want to start out this morning by say- preaching and the hopeful message of freedom in being as true to duty as the ing a few words about a man who has the Reverend Billy Graham. needle to the pole. Make their lives earned the respect and admiration of Billy Graham may be the only productive for the glory of Your Name. countless Americans for his energy, preacher with a star on the Hollywood Amen. courage, and faithfulness to a calling Walk of Fame. But he never let that f that he first received about 75 years celebrity get to his head. I am sure he ago on a late-night walk around the would say that his beloved Ruth helped PLEDGE OF ALLEGIANCE Temple Terrace Golf Course in Tampa. keep him focused. And it is a credit to The President pro tempore led the The son of a North Carolina dairy both of them that all five of the Gra- Pledge of Allegiance, as follows: farmer, Billy Graham turns 95 today. ham children are carrying on the fam- I pledge allegiance to the Flag of the And I just want to join all the others ily legacy today. United States of America, and to the Repub- across the country and around world in As Billy Graham has receded from lic for which it stands, one nation under God, public life in recent years, we have indivisible, with liberty and justice for all. thanking this good and humble servant for his decades of ministry and tireless missed the steady, reassuring presence f preaching of the Gospel that he loves. that he lent to moments such as the RECOGNITION OF THE MAJORITY In a career that spans generations, Oklahoma City bombing and 9/11. But LEADER Billy Graham has walked the halls of we have been consoled to know that he The PRESIDENT pro tempore. The power and counseled presidents and is still there on his mountain retreat in majority leader is recognized. kings. But he has never forgotten his Montreat, NC. Billy Graham once said mission in life. And while he may not that ‘‘God has given us two hands, one f be able to preach at the giant rallies to receive with and the other to give DRUG QUALITY AND SECURITY that made him a household name, he is with.’’ So today, I join countless others ACT—MOTION TO PROCEED still finding new ways to share his in sending our own message of thanks Mr. REID. Mr. President, I move to faith with a world in need of healing, to a man who has been called ‘‘Amer- proceed to Calendar No. 236. hope, and purpose. Tonight, at the age ica’s pastor,’’ and to say how grateful

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

S7891

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VerDate Mar 15 2010 23:37 Nov 07, 2013 Jkt 039060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A07NO6.000 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE S7892 CONGRESSIONAL RECORD — SENATE November 7, 2013 we are for the life and witness of the for handouts from the government. In do so, Republicans are willing to help. Reverend Billy Graham. fact, these are folks who went out and Let’s work together to undo the harm OBAMACARE spent their own hard-earned money— of ObamaCare and start over with real, Mr. President, on an entirely dif- not taxpayer money—to purchase the bipartisan, cost-saving reforms, re- ferent matter, yesterday Secretary kind of health protection that best forms that will actually allow Ameri- Sebelius came back to Capitol Hill to suits their families. For this, the Presi- cans to keep the health plans they like. testify about ObamaCare. We did not dent’s allies attacked them? Many just That is the kind of reform Americans learn much from her testimony, but want the government to leave them really want. If Democrats are ready to some of the Q-and-A was actually pret- alone. Many just want to be able to work with us, we can give them just ty revealing. She admitted that the keep the plans they like instead of only that. number of folks who have enrolled in the plans the President likes. They RECOGNITION OF THE MAJORITY LEADER ObamaCare is ‘‘very low.’’ want to keep the plans they like, not The PRESIDING OFFICER (Mr. When pressed on the administration’s the ones the President in effect picks BOOKER). The majority leader is recog- promise that ObamaCare would drive for them. nized. down premiums, here is what she said Here is what a small business owner SCHEDULE about premium rates on the individual in North Carolina said after his pre- Mr. REID. Mr. President, following market: ‘‘I didn’t say they are going miums shot up 400 percent: ‘‘I just wish my remarks the Senate will resume down.’’ I could have my insurance back.’’ That consideration of S. 815, which is the When asked if convicted felons could is what he said. ‘‘I just wish I could Employment Non-Discrimination Act. become ObamaCare navigators and ac- have my insurance back.’’ At 11:45 there will be two rollcall votes, quire Americans’ sensitive informa- I just read this morning about a con- first on the Toomey amendment and tion, here is what she said: ‘‘It’s pos- stituent who lost his insurance and is then a cloture vote on the bill. If clo- sible.’’ finding that policies on the exchange ture is invoked, there will be a third These revelations are really con- will be more than double his premium rollcall vote on passage of the Employ- cerning. Americans were counting on and increase his annual deductible. ment Non-Discrimination Act. the President’s claim that their fami- That is partly because as a 31-year-old TRIBUTE TO BILLY GRAHAM lies’ premiums would go down, not up, single male he will now be required to Mr. REID. Mr. President, I am happy under a new health regime. Americans buy a policy with features he doesn’t to join with my friend in happy birth- who have lost their insurance and find need, such as pediatric dental care and day wishes for Billy Graham. I have themselves forced into the exchanges— maternity care. ‘‘It doesn’t make a not had the good fortune to meet this the last thing they need is to worry whole lot of sense to me,’’ he said. man, but I have read his book. I read a about some felon stealing their iden- Another constituent from Caldwell biography of him. He is such a person- tity. County had this to say after learning ality I thought that was something I To many Americans the administra- of changes to her plan: ‘‘My husband should do, and I did. tion still seems more interested in de- and I work hard, pay a lot in taxes and I remember a lot of things about the flecting blame than taking responsi- ask for little from our government. Is book. The one thing I do remember is bility for the real harm this law is it asking too much for the government this: He is so scrupulous in making causing. Yesterday’s hearing did little to stay out of my health insurance?’’ sure there is never any question about to dispel that notion. No, it is not asking too much. It is his integrity, his moral integrity. We By now we have heard our friends on simply taking the President at his have had a lot of problems with people the left blame just about everyone and word for the promise he made over and preaching who do not turn out to be so everything for the disaster they forced over, the promise that so many Demo- good. But Billy Graham, among other on our country—everyone and every- crats here in Washington made to their things, would never meet a female in thing, of course, except themselves. constituents but that we now know is his office without the door being wide They have tried to blame the same con- simply not true. open so people could see everything tractors they hired. They blame the I understand the White House is in a that was going on in that room. That is Republicans. They blame the tea party. tight spot. They did a poor job pre- just an indication of the kind of person I am sure they have even tried to pin paring the country for this law, they he is. this on George W. Bush. Of course, the wasted time making promises that I join with my friend in congratu- administration has repeatedly tried to simply could not pan out, and they lating Billy Graham in his 95th year. blame insurance companies for lost chose to ignore the warnings from my HEALTH CARE plans too. But here is what the Wash- party and experts across the country The remarks of my friend, the Repub- ington Post Fact Checker had to say that these kinds of things would, in- lican leader, kind of remind me of a about that: deed, happen. This is the result, and joke that is not very funny, but it is a The administration’s effort to pin the people are getting hurt. Premiums are joke and I think it makes the point. blame on insurance companies is a classic rising, taxes are going up for millions Prison setting—these people run out of case of misdirection. in the middle class, folks are losing ac- material for jokes. They are there to- That is the Washington Post—‘‘a cess to hospitals and doctors they like. gether all the time and hear the same classic case of misdirection.’’ They got At this point, more Americans have joke day after day. So they decided three Pinocchios for that whopper. lost health coverage than have gained what they would do is they would list Unfortunately, that does not seem to it. As I mentioned yesterday, more the best jokes from 1 to 50, and rather have deterred our friends on the other than 50 times as many Kentuckians than tell the joke over and over, they side from indulging in the blame game. have lost private health coverage as would just yell a number and people Within just the past week we have seen have signed up for private plans on the would laugh. the White House lash out at the words State exchange. That is 280,000 folks we That is what we have here. Why don’t of a cancer survivor and try to point a are talking about in my State, 280,000 our Republican colleagues just number finger of blame at Texans. A few days Kentuckians who have lost their insur- from 1 through 50 their criticisms of ago—get this one—one of the Presi- ance. In Louisiana we are talking ObamaCare, and rather than coming dent’s political allies attacked the very about 80,000 folks; in Kentucky, 280,000; and giving these speeches, I think we kind of folks who are now losing their up in Minnesota, 140,000 people; and would be much better off if they would health coverage under ObamaCare. close to half a million people in Geor- just give us a number and we would ‘‘Free riders,’’ he called them. ‘‘Free gia have lost their insurance. all—because we have heard these riders.’’ You know the folks he is talk- It is way past time for our Demo- speeches so many times—immediately ing about. These are not folks who cratic friends to end the blame game. laugh because basically they are jokes have done anything wrong. They are Instead, they need to start acknowl- too. not free loaders or free riders or any- edging the consequences of their law It is too bad that the Republican thing else; they are our neighbors, our and actually do something about the leader and many of his Republican col- constituents, and they are not looking mess they created. If they are ready to leagues want to keep fighting an old

VerDate Mar 15 2010 23:37 Nov 07, 2013 Jkt 039060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\A07NO6.001 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE November 7, 2013 CONGRESSIONAL RECORD — SENATE S7893 fight. Four years ago we passed the him, was an epileptic. He had a pre- regardless of where they live, can go to health care reform bill. The President existing disability, and that is an un- work unafraid of being who they are. signed it, the Supreme Court upheld it, derstatement. More than 80 percent of the American and it is the law of the land. Of course, We could go on and on. If you are people think that is already the law. It we want to make it better, and cer- under age 18, it doesn’t matter if you is not already the law, but that is what tainly with what has happened with have a preexisting disability. At the they think, so let’s just do what the the rollout of the Web site, we need to first of the year, you can be an adult American people think already exists. do that. But I wish our Republican col- and have a preexisting disability and I appreciate Chairman HARKIN. He is leagues would stop trying to scare peo- you can get insurance. In many States a devoted person for people who need ple out of participating in this pro- we extended the preexisting disability help. If you ever wondered how C– gram. If they would stop fighting last exemption to adults. It is already in ef- SPAN has closed captioning, it is be- year’s fights and move on and try to do fect in a number of States because cause TOM HARKIN led the fight here for the business of the American people, under the law the States had the au- many years in the Senate to provide we would all be better off. thority to do that, and the Federal closed captioning. He has a brother We can look back at the big changes Government will help them. who is hearing impaired, and because we have made in legislation and we The Bush drug benefit was flawed. of that, he was focused on providing have made some big changes over the What did we do with it? We didn’t try closed captioning. We have all kinds of years in this body and some of those get rid of it, we improved it. The so- good things for the disabled thanks to matters dealt with health care. called doughnut hole is being filled and TOM HARKIN. The disabilities act, I was not here when Medicare passed, millions of senior citizens, and Ameri- which is so important for our country, but I remember how important it was, cans over the last 4 years, have re- is now the law. So I appreciate Chair- because at the time it passed, I was the ceived millions and millions of dollars man HARKIN’s work on this legislation. chairman of the board of trustees—an in benefits because our drugs are It is a shame for Iowa and the country elected official in Nevada—with the cheaper. that he has decided not to run for re- biggest hospital district in Nevada. I have talked on this floor before, and election. What a good man. JEFF MERKLEY, from Oregon, also They had lots of beds and lots of pa- I will say it again—in my hometown of worked on this legislation. He has de- tients. So I remember the impact of Searchlight, NV, there was a young voted huge amounts of time to this leg- Medicare. We also know Medicare did man who was in college and on his par- islation, and I admire and respect him not become popular overnight. There ents’ insurance. In Nevada you could so very much. I respect and appreciate were a lot of criticisms about it. stay on your parents’ insurance until Although not nearly as big as you were 23 years old. Within a matter the leadership of these two fine Sen- ators. ObamaCare or Medicare, I was here of weeks of turning 23, he started get- I hope Speaker BOEHNER will recon- when we passed—under the leadership ting very sick. He had testicular can- sider his decision not to bring this up cer. His parents had no money. One of of President Bush No. 2—the Medicare for a vote in the House of Representa- my friends who is a neurologist did the drug benefit bill. A number of us didn’t tives. This legislation would pass by a surgery for free, but he had two other like that. We thought it didn’t go far nice margin in the House if the Speak- enough and that it should have been surgeries that were not free. er would allow a vote on it. done differently, but it passed in this His parents had no money; one was a I can’t understand what is going on body and became the law of the land. It retired operating engineer and one in the House of Representatives. Legis- was difficult to get that up and run- worked part-time in a post office there lation the American people want is ning, but we did not come to the floor in Searchlight. They struggled, and held up over there. The farm bill would and say: Get rid of this bill. We be- their son Jeff has been taken care of. save this country $23 billion, and they lieved, as imperfect as it was, it was Many people don’t have the benefit of will not bring it up. The American peo- the beginning of building support and his parents who sacrificed a great deal ple want this. There are reforms in the doing something about health care in for their boy. That is no longer a prob- legislation that Senator STABENOW and America. lem. Children can stay on their par- others have worked so hard to put in I wish my Republican colleagues ents’ insurance for 3 more years, and place for decades. They are in this bill. would do something constructive re- that would have allowed Jeff, and other The House is holding this up. garding health care. We have not heard men and women just like him, to get Immigration reform. America wants one positive remark about what they out of school. immigration reform. They are going to would do to change what we have al- ObamaCare is a wonderful piece of get it, but it is just too bad that it is ready done. I think we would all be bet- legislation for America. Let’s make it being fought every step of the way by ter off if that were, in fact, the case. better. Stop carping about this. Get my friend, the Speaker. Comprehensive This legislation is working, and it will over it. It is the law. It is the legacy of immigration reform is something that work even better when we get the Barack Obama and always will be. is needed in this body; it is needed in issues regarding the Web site worked Let’s make it better and stop the mis- the House. We have already passed it. out. chievous, unfortunate speeches out It should be the law of the land. They There are people in Nevada, there are here every day about how bad it is. seem to be so focused on debt reduc- people in New Jersey, there are people Talk about the good things in this bill tion. Well, immigration reform saves $1 in Indiana, and there are people all and help us work to make it better. trillion of debt. over America today who are benefiting EMPLOYMENT NON-DISCRIMINATION ACT Marketplace fairness would allow lit- as a result of what happened 4 years This afternoon the Senate will vote tle strip mall operators and small busi- ago in the Senate and the House of to advance the Employment Non-Dis- nesses to have the same benefits others Representatives when the President crimination Act. It is legislation that have. It is unfair that brick-and-mor- signed the bill. will protect all Americans from work- tar businesses that pay rent cannot be I am sure the Presiding Officer, and place discrimination based on sexual competitive with the businesses on the other people who are listening to this orientation or gender identity. The Internet that pay no sales tax. The speech, can identify with someone who vote on cloture on the bill will take House is holding that up, and now they has or had a preexisting disability. place before lunch and vote on final are holding this up. That is just an- Under the old law, if you were a passage will take place before the cau- other piece of legislation that people woman, it was a preexisting disability. cus adjourns. We will start voting at around America support and the House You could be charged differently be- 1:45 this afternoon. is holding up. I hope the Speaker will cause you were a woman. A child born I do hope and expect a bipartisan reconsider his position. with diabetes, an adult with diabetes, vote, a good one, to extend safeguards DC CIRCUIT COURT OF APPEALS someone who had been in an auto- against workplace harassment and dis- I will also file cloture today on the mobile accident, someone who was—my crimination to every American. The nomination of a highly qualified jurist friend Tony Coelho, who was one of the time has come for Congress to pass a to serve on the DC Circuit Court of Ap- leaders when I served in the House with Federal law that ensures all citizens, peals. The DC Circuit is often called

VerDate Mar 15 2010 23:37 Nov 07, 2013 Jkt 039060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.003 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE S7894 CONGRESSIONAL RECORD — SENATE November 7, 2013 the second highest court in the land. A bill (S. 815) to prohibit employment I also think about Indiana-based Uni- No one has debated that in any other discrimination on the basis of sexual versity of Notre Dame. Despite con- way. It is so important. It is no wonder orientation or gender identity. scious objections and the clearly out- why. Here is what former DC Circuit Pending: lined standards of these colleges and Chief Judge Patricia Wald said of the Reid amendment No. 2014 (to the language universities—the College’s Community court’s caseload: ‘‘The DC Circuit hears proposed to be stricken by the committee Covenant at Wheaton and the values of the most complex, time-consuming, substitute), to change the enactment date. the University of Notre Dame—they labyrinthine disputes over regulations Reid amendment No. 2015 (to amendment have been told by the government that No. 2014), of a perfecting nature. they are not considered religious insti- with the greatest impact on ordinary Reid motion to recommit the bill to the Americans’ lives.’’ Committee on Health, Education, Labor, and tutions and must comply with the It is unfortunate that Republicans Pensions with instructions to report back Health and Human Services Mandate. are filibustering another talented and forthwith, Reid Amendment No. 2016, to Let me describe a little bit the dedicated public servant nominated to change the enactment date. thread of faith that runs through every service on this crucial court. Reid amendment No. 2017 (to (the instruc- aspect of a school like Wheaton College Georgetown law professor Nina tions of the motion to recommit) Amend- and the values of faith expressed fre- ment No. 2016), of a perfecting nature. quently in a number of ways by the Pillard is the next victim of what the Reid amendment No. 2018 (to amendment Republicans are doing. She graduated No. 2017), of a perfecting nature. University of Notre Dame. If you tune magna cum laude from Yale and at- Reid (for Toomey/Flake) amendment No. into the Notre Dame football programs tended Harvard Law School. For 5 2013, to strike the appropriate balance be- on Saturday afternoons, as I do every years she litigated individual and class tween protecting workers and protecting re- week, or intend to do, you will see an action racial discrimination cases as ligious freedom. ad by Father Jenkins, President of Collins (for Reid) amendment No. 2020 (to an attorney for the NAACP Legal De- amendment No. 2013), to change the enact- Notre Dame, that talks about the com- fense Fund. ment date. ponent and element of faith that is es- She served as Deputy Assistant At- The PRESIDING OFFICER. The Sen- sential to the beliefs of what the Uni- torney General and Assistant Solicitor ator from Indiana. versity of Notre Dame is trying to ad- General. Support for her confirmation Mr. COATS. Mr. President, I come to dress through its education process. is bipartisan. Two top Justice Depart- the floor today to discuss the topic of Whether it is professors or students, ment officials from the Bush era, As- religious freedom. This issue is an im- administrators or groundskeepers or sistant Attorney General Viet Dinh portant component in the debate on others that thread of faith and values and former FBI Director William Ses- the legislation that we are currently runs through the university and sions, have supported her nomination. considering, but it’s also an issue that throughout my alma mater as well. Professor Pillard is also faculty co- defines, I believe, who we are as a Na- There’s such a thing as, it’s been de- director of the Supreme Court Insti- tion as well as the rights granted to us scribed by former president of Wheaton tute at Georgetown, which helps attor- in the Constitution. College, as umbrella universities— neys to argue cases before the High To paraphrase what Thomas Jeffer- those [universities] that have a faith Court. She brings a wealth of knowl- son said in 1807, for Americans, he said, component perhaps in a theological edge to the job. She has argued nine ‘Among the most inestimable of our school or a religious program. The cases before the Supreme Court and blessings’ is the blessing ‘of liberty to thought is well, certainly, they can ex- has written briefs for another 25. Her worship our Creator in the way we ercise their constitutional rights guar- arguments helped open the Virginia think most agreeable to His will; a lib- anteed by the First Amendment. But Military Institute to women in 1997 and erty deemed in other countries incom- what about the doorkeeper or recep- beat back a constitutional challenge of patible with good government and yet tionist at the administration building the Family and Medical Leave Act. proved by our experience to be its best or the coaches of the teams or the pro- She is qualified and dedicated. It is support.’ fessors? Sure the professor of theology truly a shame that Republicans would From Jefferson’s time to today, free- and the professor of religion, but what filibuster this nomination for unre- dom of religion has been a core Amer- about the professor of science, pro- lated political reasons. The DC Circuit ican principle, a principle our founding fessor of economics, or the professor of is currently operating with only 8 of its fathers put their lives on the line for business, how does that apply? Or what 11 seats. While Senate Republicans are and a principle that generations of about the groundskeepers or those who blocking President Obama’s nominees Americans in uniform have defended so serve the meals in the cafeterias to the to this vital court, they were happy to that we can all enjoy this cherished students? Well, there are those types of confirm judges to the DC Circuit when freedom. Unfortunately, this principle institutions, and there is an argument President Reagan and both President of religious freedom is under attack that it is not systemic, it is not the Bushes were in office. across our country today. Though in thread that runs through every aspect Republicans have already blocked many cases these attacks may be sub- of the program. And this applies to two exceedingly qualified nominees to tle, make no mistake, we are seeing homeless shelters and faith-based insti- the DC Circuit, Caitlin Halligan and the free exercise of religion and free- tutions across America. Some are sec- Patricia Millett. I hope my Republican dom of speech constrained and re- ular related. Some are a mix of sec- colleagues will not block another stricted. ular-religious. And some are system- qualified nominee when we vote on clo- We have seen it in the administra- ically faith-based where a thread of ture on this matter next week. This tion’s rule regarding church-affiliated faith runs through every aspect of nominee deserves a fair confirmation groups to facilitate insurance coverage their program or the institution. process and a simple up-or-down vote. that includes contraceptives and abor- So what we’re talking about here is a RESERVATION OF LEADER TIME tion-inducing drugs despite their deep- situation where institutions of edu- Mr. REID. Would the Chair announce ly held religious beliefs. cation, like Wheaton College and the the business of the day. I think about my alma mater, Whea- University of Notre Dame, or faith- The PRESIDING OFFICER. Under ton College in Illinois, which is a based institutions reaching out the previous order, leadership time is school from which Billy Graham grad- through homeless shelters, food kitch- reserved. uated years ago. ens, any number of programs provided f I appreciate the Senate’s Majority by faith-based institutions or individ- Leader and Minority Leader’s reference uals engaged in this that believe that EMPLOYMENT NON- to his life as he celebrates his 95th the thread of faith is important to DISCRIMINATION ACT OF 2013 birthday. Billy Graham had an impor- their success and that’s why they’re The PRESIDING OFFICER. Under tant impact on my life and millions of there. the previous order, the Senate will re- people—not just Americans, but people These faith-based institutions have sume consideration of S. 815, which the around the world. I appreciate the rec- been told by the government that clerk will report. ognition that has been given here by they’re not considered religious insti- The legislative clerk read as follows: our leaders. tutions and must comply with the

VerDate Mar 15 2010 23:37 Nov 07, 2013 Jkt 039060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.004 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE November 7, 2013 CONGRESSIONAL RECORD — SENATE S7895 Health and Human Services Mandate. bill better, but to highlight the impor- under the law. We all deserve the Last year administration officials said tance of the freedom of religion prin- chance to work hard and to prove our- they worked out a compromise on this ciple involved in this legislation. selves, regardless of our race, color, re- rule, but the fact is the mandate still Let me quote from Jay Sekulow, ligion, sex, national origin, disability, exists. These institutions should not Chief Counsel for the American Center age, sexual orientation, or gender iden- have to facilitate insurance coverage for Law and Justice. He wrote this: tity. for products that are counter to their A steadfast commitment to one’s religious Many Americans do not realize it re- moral beliefs. In my opinion, to require scruples was once lauded as a virtue, but in mains legal to discriminate against faith-based institutions to betray the the current public discourse, religious objec- LGBT Americans in the workplace. In fundamental tenets of their beliefs and tors are often chastised as seeking special one recent poll, eight in ten Americans accept this violation of their First treatment that would impose their values on believe it is already illegal under Fed- others. The apparent unpopularity of the ex- eral law to fire or refuse to hire some- Amendment rights guaranteed by the pression of religious values through actions Constitution is simply wrong. or words brings to mind Justice Oliver Wen- one because of their sexual orientation I think about the health care profes- dell Holmes’ observation that: ‘‘We should be or gender identity. Doesn’t that tell us sionals who have been required to par- eternally vigilant against attempts to check something about how obviously right ticipate—required by the government— the expression of opinions that we loathe and ENDA is? to participate in medical procedures believe to be fraught with death and the Su- The debate we are having in the Sen- that violate their rights of conscience preme Court’s more recent reminder that the ate today is about whether we should and their deeply held religious beliefs First Amendment protects expression, be it ensure LGBT Americans don’t suffer about the meaning of life and when life of the popular variety or not.’’’ discrimination in the workplace. I have begins. The Supreme Court’s recent reminder long been a supporter of ENDA, and en- I think about the recent efforts in and I quote again, ‘‘the First Amend- acting it into law is something we many States to force churches and reli- ment protects expression, be it of the should have done a long time ago. In gious professionals into performing rit- popular variety or not.’’ It is an impor- fact, 17 years ago, it came within one uals or ceremonies that run counter to tant thing for us to remember from a vote of passing in the Senate. their faith. very respected Supreme Court judge. Making ENDA law will be the next So what is at stake here is of ex- I oppose discrimination of any kind, significant step in the fight for equal- treme significance. Established in our and that includes discrimination ity for LGBT Americans. After decades nation’s founding days and sustained against individuals or institutions for of struggle, we have achieved a number for over 200 years, this principle is at their faith and values, which often gets of huge victories in rapid succession: the very core of our system of govern- lost and has been lost in this discus- ending don’t ask, don’t tell; over- ment, as Jefferson was trying to say. sion. So there’s two types of discrimi- turning the Federal ban on same-sex We can’t pick and choose when to ad- nation here we’re dealing with and one marriage recognition; the achievement here to the Constitution and when to of those goes to the very fundamental of marriage equality in more and more cast it aside for cheap political prerog- right granted to every American of our States, including my home State atives. We must consistently stand for through our Constitution, a cherished of Minnesota. these timeless constitutional granted value of the freedom of expression and While we are debating ENDA in the privileges and rights. religion. And I believe this bill dimin- Senate today, equality in the work- The legislation before us raises very ishes that freedom. place is, in fact, something we achieved serious concerns regarding religious So I feel it’s vital for this body to in Minnesota over two decades ago. In freedom. The so-called protections stand up for our country’s long-stand- 1993, the Minnesota State legislature from religious liberty in this bill are ing right to the freedom of religion and amended our State’s human rights act vaguely defined and do not extend to speech. For these reasons, I am not to protect Minnesota’s workers from all organizations that wish to adhere able to support this current legislation, discrimination based on their sexual to their moral or religious beliefs in and I hope my colleagues would stand orientation or gender identity. At the their hiring practices. with me in protecting our religious time only a few States prohibited dis- For example, the religious beliefs of freedom and oppose this legislation. crimination based on sexual orienta- faith-based childcare providers and Mr. President, with that, I yield the tion, and Minnesota was the first State small business owners would be dis- floor and suggest the absence of a to include protections for transgender regarded under this legislation. Faith- quorum. workers. based daycare providers could be forced The PRESIDING OFFICER. Will the We have had this law in effect now to hire individuals with views contrary Senator withhold his suggestion for the for over 20 years in Minnesota, and to the faith and incorporated values of absence of a quorum. what has been the result? Well, for these daycare providers. Do we really Mr. COATS. I will, and I apologize for LGBT Minnesotans it has meant they want to support policies that discrimi- not recognizing my colleague, who is do not have to live in fear of being fired nate against an employer’s religious standing in the back row. My eyesight or discriminated against in hiring just beliefs and require employers to hire is not as good as it used to be. because of who they are or because of individuals who contradict their very Mr. FRANKEN. I can see my col- whom they love. That is a big deal. most deeply held religious beliefs? league from Indiana. But if you are not an LGBT Minneso- This bill also would allow employers The PRESIDING OFFICER. The Sen- tan, very little has changed. Some peo- to be held liable to workplace environ- ator from Minnesota. ple, including House Speaker BOEHNER, ment complaints opening the door to Mr. FRANKEN. Mr. President, I rise are opposing ENDA because they claim the silencing of employees who express today in strong support of the Employ- it will cause frivolous lawsuits and be their deeply held beliefs. This possi- ment Non-Discrimination Act. bad for business. The Minnesota experi- bility runs counter to everything In many towns, cities, and States ence shows these fears are unfounded. America stands for in the realm of free across our country, it is still perfectly There has not been a flood of lawsuits speech. legal to fire someone simply because because the rights of LGBT Minneso- Now I know there have been some ef- they are gay. One can be a hard worker tans are wisely respected. And with 19 forts, including amendments offered by who shows up on time and gets exem- Fortune 500 companies, Minnesota has my colleagues, Senator TOOMEY from plary performance reviews, but if a per- become an ever better place to work Pennsylvania and Senator PORTMAN son’s boss discovers that he or she is and do business. Minnesota is basically from Ohio, to clarify the existing reli- gay or transgender or suspects it, he the same as it was before this law was gious protections in this bill. Some can fire a person for being who they are passed, except that it is better because Members believe that these amend- or for whom they love, and there is LGBT Minnesotans are free from dis- ments go too far. I frankly believe they nothing the person can do about it. crimination at work. don’t go far enough. However, they are That is a terrible injustice for Ameri- Let me give you one example. Last at least a first step, and I will support cans who happen to be LGBT. It vio- year, a vice president from General these two measures not to make a bad lates the principle that we are all equal Mills—the Minnesota-based company

VerDate Mar 15 2010 23:37 Nov 07, 2013 Jkt 039060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.007 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE S7896 CONGRESSIONAL RECORD — SENATE November 7, 2013 that is one of the world’s largest food here—basically get an exemption, a come level gets. That is not in the companies and which currently em- carveout, special treatment, a subsidy. ObamaCare statute either, and that is ploys 35,000 people and makes Cheer- That is particularly egregious and par- contrary to the ObamaCare statute. In ios—spoke at a Senate Health, Edu- ticularly unfair when ordinary Ameri- fact, that specific language was consid- cation, Labor, and Pensions Committee cans suffer under these very real chal- ered for inclusion and was not put in— hearing about General Mills’ support lenges. proof that was not the intent of that for making sure that the same legal That is why I have introduced my No section of ObamaCare. protections people have in Minnesota Washington Exemption from I believe that is outrageous as well are extended to workers all across the ObamaCare bill, and that is why I con- and defeats the whole purpose of the United States. tinue to work hard with many other section, which is to make sure Mem- The General Mills vice president Members—we have significant co- bers of Congress and our staff walk in spoke about how the company’s policy authors here and in the House—to get the same shoes as other Americans, 8 of inclusion has contributed to its in- that passed. million-plus of whom are being forced novation and growth. He said: With regard to Congress, the off coverage they like and being forced Employees who are members of the GLBT ObamaCare statute actually got it on to that ObamaCare exchange. community are incredible contributors to right. And with regard to Congress, all That is why I have joined with others our enterprise. Absent their unique perspec- we are asking for is that we live by the to push this No Washington Exemption tives, talents, and gifts, we would be less statute, live by the law. That statutory from ObamaCare language. competitive and successful. Simply said, tal- language says clearly that every Mem- As I mentioned, one key element is ent matters. Now more than ever, American ber of Congress and all of our congres- this election that this illegal rule cre- business needs to leverage the ingenuity of sional official staff go to the exchanges ates, where every individual Member of all sectors for our nation. Discriminatory for our health care and be treated just Congress determines who on their staff barriers to top talent just don’t make busi- goes to the exchange or does not. As I ness sense. like other Americans going to the ex- changes—many of them being forced said, in some cases, Members say: I And there are many other large em- off plans, employer plans they like, and have no official staff. Nobody has to ployers headquartered in Minnesota— having to go to the exchanges—no spe- live by the law, nobody has to live by Target, Supervalu, U.S. Bancorp, Xcel cial treatment, no special exemption or this mandate, which is particularly Energy, Medtronic, 3M, Cargill, Best carveout or subsidy. outrageous. Buy, and many others—who have put The problem is that after the law To add insult to injury, these indi- in place companywide policies against passed—I guess it was a classic case of vidual decisions by every Member of discrimination on the basis of gender Congress are not public. This is all se- what NANCY PELOSI said: We need to identity and sexual orientation wher- pass the law in order to figure out what cretive. This is hidden from the public. ever their other factories or businesses is in it—because after ObamaCare Some Members have said what they are doing through the press, but the full or stores may be. passed with that specific statutory lan- information, each individual Member’s Minnesota’s small businesses have guage, a lot of folks on Capitol Hill also reported on the positive effects of election in this regard is not public. read it, figured out what was in it, and So as soon as that loophole was cre- Minnesota’s human rights law. For in- said: Oh, you know what. We can’t have stance, Nancy Lyons is the owner of a ated, I filed another bill, another piece this. We can’t live with this. And then of legislation, that simply says we are small 70-person Minneapolis business they furiously started lobbying for a that develops software. Nancy says the going to make all of these decisions way out, for an end-run around: And public. Everybody has a right to know protections and peace of mind her em- sure enough, they got it. The Obama ployees get from not living in fear posi- how each Member of the Senate, how administration issued a special rule for each Member of the House is handling tively impact every aspect of their Congress to take all of that financial lives, from their productivity at work the situation. That is my Show Your sting out of the provision. Exemptions bill, which I filed about 10 to their family lives. The rule basically said two things, It is long past time that LGBT em- days ago. both of which I think are outrageous I think it should be a no-brainer. I ployees around the country be guaran- and contrary to the statute itself. First teed the same rights they have had in think it should be beyond debate. of all, it said: I know the law says all Whatever you think about the under- Minnesota for 20 years. In Minnesota, official staff go to the exchanges. But our law has given LGBT Minnesotans lying issue, whatever you think about we don’t know who that is. We don’t ObamaCare, shouldn’t this decision of peace of mind and freedom from dis- know who official staff are. So we are crimination at work and improved the each individual Member be made pub- going to leave it up to each individual lic? Shouldn’t the public have a right overall climate in our State for those Member of Congress to designate who individuals, for families, and for busi- to know? That is why I filed this bill, is official staff who must go to the ex- and that is why I am pushing for a vote nesses. I look forward to the Senate changes for their health care. passing this bill, and I hope the House on this bill. Well, I think that is flat-out ridicu- Getting a vote on that proposal will will take it up and pass it as well. lous. The law, the statute, clearly says be a key priority of mine, particularly Thank you, Mr. President. all official congressional staff. To cre- when we consider the drug I yield the floor. ate this opportunity for exemption, compounding bill in the near future The PRESIDING OFFICER. The Sen- where each individual Member des- and when we consider the Department ator from Louisiana. ignates staff as official or not, is silly. of Defense authorization bill. It is OBAMACARE That designation, by the way, hap- going to be my key priority: to get a Mr. VITTER. Mr. President, I come pened last week, and some Members simple vote on that simple proposal. to the Senate floor today to urge my have actually said: None of my staff is Again, I believe that should be a no- colleagues again to focus on an impor- official. I have no official staff for pur- brainer, that this information—which tant issue in the overall ObamaCare de- poses of this section, so none of my does involve how taxpayer dollars are bate; and that is how Washington fares staff go to the exchanges. That is out- being treated, which does involve how under ObamaCare, and does Wash- rageous. Other Members said: Well, my congressional offices are handling the ington live by the same rules, the same personal office staff is official but com- situation—that information one way or laws it passes on the rest of America? mittee staff, no; leadership staff, no. the other be made public. You do not All across the country, as we see That is outrageous too. need to editorialize about it. Every- daily in news reports, Americans are The second thing this illegal rule did body can make up their own mind struggling with real issues and real to get around the impact of this provi- about what they think about the un- challenges created by ObamaCare. We sion of ObamaCare is to say: Well, for derlying issue, about what they think need to fix those issues and those chal- Members and staff who do go to the ex- about ObamaCare, but shouldn’t that lenges. We need to get it right. But at changes, they get to take with them a information be made public? the same time as that is going on in huge taxpayer-funded subsidy—a big We need to vote on that proposal, and the real world, Washington—leaders subsidy no other American at that in- I urge us to move and agree quickly to

VerDate Mar 15 2010 23:37 Nov 07, 2013 Jkt 039060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.009 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE November 7, 2013 CONGRESSIONAL RECORD — SENATE S7897 have a vote, either in the context of one starts to look at tax hikes, we the post-9/11 security glut. This depart- the drug compounding bill or the De- should realize that we are nowhere ment is supposedly responsible for pro- fense authorization bill over the next near cutting our budget to the bone. In viding oversight and coordination for few weeks. Those are probably going to fact, there is a lot of fat left in a lot of USDA’s preparation and response to be the only opportunities for a vote agencies. These budgets deserve to get matters of homeland security impor- this calendar year. I think it is cer- the knife. But do not just take my tance. A $1 million program such as tainly fair and reasonable to get that word for it. The administration, our this may be easily lost in the Presi- vote, have the American people be able colleagues in the Congressional Budget dent’s $4 trillion budget, but there is to see that information, and that is the Office, the Government Accountability an entire agency in the Federal Gov- only opportunity I am likely to have in Office, and numerous concerned-tax- ernment tasked with the same objec- the Senate this calendar year. payer organizations have also posed ex- tive and funded with the tens of bil- Again, whatever my colleagues think amples of wasteful spending that lions of taxpayer dollars. about the underlying issue, certainly should be eliminated. Another place to find savings at whatever we all think about If the sequester’s bluntness has USDA is in the Market Access Pro- ObamaCare, I would hope we can all taught us anything, it is that Congress gram, which has spent $1.4 billion since agree—that election, that information, ought to jump at the chance to make 2006 and looks to collect another $200 how each individual Member of the smart, surgical spending cuts. To that million in taxpayer funds in 2014. This Senate, each individual Member of the end, I intend to take 5 minutes each program has spent billions of tax dol- House, handles the situation should be week for the coming weeks to highlight lars on overseas advertising campaigns made public. It certainly involves pub- some of the wasteful spending pro- that benefit some of the most deep- lic policy and taxpayer dollars and how grams that still, even in times of eco- pocketed corporations around, includ- we run Congress. It should be made nomic belt-tightening, lurk in our Fed- ing McDonalds, Nabisco, Welch’s public. eral budget. Foods, and Sunkist. I urge my colleagues—Republicans Today I would like to highlight some When it comes to questionable budg- and Democrats—to unite around that of the programs in the U.S. Depart- etary items at USDA, the single-family reasonable, commonsense proposal and ment of Agriculture. With a budget re- housing direct and guaranteed loan get that information out to the public, quest of $146 billion in 2014, the USDA program takes the cake. This obscure as it should. rounds out the top five most expensive but growing home loan program writes With that, I yield the floor and sug- Federal agencies. Many programs with- and guarantees mortgages for low- and gest the absence of a quorum. in the USDA provide valuable services, moderate-income families in rural and Excuse me. I withhold my suggestion including meat inspection, crop data suburban areas. These loans are 100 of the absence of a quorum, but I do collection, and managing the agricul- percent financed and require no down yield the floor. tural safety net. But the USDA also payment. While home buyers in big cit- The PRESIDING OFFICER. The Sen- has its own agency-level homeland se- ies are not eligible for these loans, resi- ator from Arizona. curity department, pays for Sunkist to dents of many fast-growing towns and BUDGETARY WASTE advertise overseas, and underwrites an suburbs—some within 30 miles of this Mr. FLAKE. Mr. President, after astonishing number of zero-down-pay- very building—are receiving those kinds of subsidies. Do not be fooled weeks of budgetary wrangling and a ment suburban home mortgages. That into thinking these loans are for rustic government shutdown that had the is the USDA. country on edge, last week marked the The most obvious place to realize sig- farmhouses either. They are specifi- beginning of the bicameral budget con- nificant savings in the USDA is with cally designed to finance your standard ference. I commend my colleagues who the Federal Crop Insurance Program. home, and, inexplicably, the USDA dis- are meeting on the issue and are trying Here is a program in which the tax- courages buyers from using them to to reconcile the goals of wildly dif- payers cover the majority of the risk. purchase farms or ranches. This is the USDA discouraging us from using these ferent budget outlines. That is no easy It pays private insurance agents com- subsidies to purchase farms and task. I think we all know that. How- missions to sell and administer indi- ever, we all know that shoveling more ranches but, rather, regular homes. vidual policies. It funds the oversight Since 2006 the USDA—remember, IOUs into our $17 trillion debt is simply of the program and, on top of all of that is the Department of Agri- unsustainable. that, subsidizes policyholders’ pre- No matter on which side of the aisle culture—has spent nearly $10 billion on miums. That is a pretty good deal if single-family housing direct loans. we sit, I hope we can all agree that you can get it. While it did not show up in the budget, America’s present fiscal trajectory is In 2012 taxpayers spent more than $7 home loan guarantees by the USDA untenable and that our Nation’s future billion to subsidize this program. In have also put taxpayers on the hook depends on turning these economic 2010—one of the better recent crop for another $118 billion. The agency has issues around. There is no secret for- years—when the USDA took in a requested another $320 million to fund mula. At a minimum, Congress should record $2.5 billion more than it paid in single-family housing direct loans in abide by the budget control framework claims, the Federal Crop Insurance 2014 and plans to issue another $24 bil- which has produced some of the most Program still cost taxpayers $3.7 bil- lion in guarantees. To put the figures meaningful discretionary spending re- lion. That is because taxpayers foot the in perspective, the entire Department ductions in decades. Beyond that, we bill for roughly two-thirds of each pre- of Housing and Urban Development have to slow the rising costs of entitle- mium, leaving the policyholder only to submitted a budget request of $47 bil- ment programs in order to achieve sig- cover the remaining third. lion. nificant long-term deficit reduction. Congress could reap significant sav- When we have such egregious exam- Sadly, some seem fixated on spending ings just by reducing the percentage ples of waste, why should we demand beyond the BCA’s cap for next year. the taxpayers have to spend to sub- more of the taxpayers’ money? Some of our colleagues have suggested sidize these premiums. In fact, accord- In the coming weeks I hope my col- that the spending discipline we ing to CBO, simply rolling back the leagues on the budget conference com- achieved with the sequester should be percentage of taxpayer subsidy in the mittee, along with the President and replaced with revenue increases. Now, program to pre-2000 levels would shave Members of Congress and various fiscal we all know that sequestration is a more than $40 billion in spending from organizations, will consider some of blunt instrument for reducing spend- the pre-2013 farm bill baseline. To that the proposals I am offering to elimi- ing, but this desire to replace it by end, I have introduced the Crop Insur- nate this wasteful spending. A good driving up taxes is based on an incor- ance Subsidy Reduction Act, which start would be sowing the seeds of fis- rect assessment. Washington has a would do just that. cal restraint at the Department of Ag- spending problem, not a revenue prob- There are a number of other places at riculture. lem. In 2013 the government spent some USDA where Congress can find savings. I yield the floor. $3.5 trillion. We are on track to spend Surely one of those is USDA’s own Of- The PRESIDING OFFICER. The Sen- another $3.7 trillion in 2014. Before any- fice of Homeland Security, created in ator from Oregon.

VerDate Mar 15 2010 23:37 Nov 07, 2013 Jkt 039060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.010 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE S7898 CONGRESSIONAL RECORD — SENATE November 7, 2013 Mr. MERKLEY. Mr. President, I ask proach most States have taken and the Today we wish to make it abun- unanimous consent to have a short col- success these bills have had in helping dantly clear; that is, that this extreme, loquy with the distinguished Senator to keep all of our employment deci- unconstitutional abortion ban is an ab- from Arizona and the Senator from sions based on work ethic, character, solute nonstarter. It is going nowhere Wisconsin. and loyalty, and the subjects on which in the Senate and those Republicans The PRESIDING OFFICER. Without they should be focused. know it. objection, it is so ordered. I look forward to working on this I want to think that over the last 40 Mr. MERKLEY. Mr. President, I ap- measure in the future, and I thank years, since the historic decision of preciate so much the comments of my both the Senators from Arizona and Roe v. Wade, we have moved on from colleague from Arizona on the chal- the Senator from Oregon for their debating this issue. I wish to think lenges inherent in getting our budget focus on ENDA. that after four decades many of those under control. I particularly appre- Mr. MERKLEY. Mr. President, I look who want to make women’s health care ciated over the last few days the con- forward to that conversation as well. decisions for them have come to grips versation we have had about the Em- The State of Wisconsin was one of the with the fact that Roe v. Wade is set- ployment Non-Discrimination Act. first or maybe the first in the Nation tled law. After all, the many signs of I would like to say that the Senator to bring an end to workplace discrimi- progress are all around us. from Arizona has brought particular nation. Oregon has a fully inclusive bill This year a record 20 women are serv- value in expressing concerns about how that has worked very well. We have ing in this body. One year ago yester- we make sure businesses have the guid- worked out a great partnership with day women’s power and voice at the ance they will need to implement this the businesses of Oregon in making ballot box was heard loudly and clear- act effectively, particularly as this act sure there is satisfactory guidance for ly. In fact, last year when Republican embraces an area—that is, transgender them. I look forward to bringing that candidates running for office thought discrimination—that was not part of experience into this conversation about that rape was a political talking point, the act considered in the House of Rep- the concerns of the Senator from Ari- that idea and their candidacies were resentatives. zona. I echo the appreciation for the swiftly rejected, thanks in large part Mr. FLAKE. Mr. President, I appre- thoughtful dialog we have had over the to the voices of women. Only this week ciate the work the Senator from Or- past few days and look forward to fu- we saw women in Virginia resound- egon did with my office this week to ture dialog as we continue to try to ingly reject the Republican candidate try to arrive at language we could put make this bill ending discrimination in for Governor and his misguided and into an amendment. We were not able the workplace work well for businesses outdated agenda for women’s health. to get that amendment. across the Nation and certainly for the Sometimes it is tempting to think When I voted for ENDA in the House millions of LGBT Americans who will that times have indeed changed, that in 2007, as the Senator mentioned, it have the opportunity to break these maybe politicians have realized that did not contain the provisions with re- chains of discrimination and more getting between a woman and her doc- gard to gender identity. Those added fully participate in our national eco- tor is not their job, that it is possible provisions have concerned me in terms nomic life. that rightwing legislators have a new- Mr. FLAKE. I thank both the Sen- of potential costs of litigation or com- found respect for women’s health care. pliance. I still have those concerns. I ator from Oregon and the Senator from The truth is that the drumbeat of po- hope that as we work through the proc- Wisconsin for working with me and litically driven extremist and uncon- look forward, as this process goes on, ess, as this bill moves on to the House, stitutional laws continues to get loud- to making sure the provisions in the we can find ways to make sure employ- er. Apparently some of our colleagues legislation work for employers as well ers can implement these provisions in a on the other side of the aisle want to as for employees. I appreciate the work way that is reasonable and proper. make some noise about this so that and the assistance the Senator has I also thank the Senator from Wis- their adoring audience of rightwing given our office. I thank the Senator. consin for working with my office on Mr. MERKLEY. I yield the floor. radio hosts, columnists, and activists these issues as well. I have a better ap- The PRESIDING OFFICER. The Sen- is satisfied. preciation for what needs to be done ator from Washington. In fact, here is an example of how and what we can do with this legisla- Mrs. MURRAY. Mr. President, I ask blatantly political this restrictive ban tion as it moves through the process. unanimous consent to speak as in is. One of the actual participants in the I yield to the Senator from Wis- morning business. press conference to introduce their bill consin. The PRESIDING OFFICER. Without today had this to say to Politico about Ms. BALDWIN. Mr. President, I objection, it is so ordered. the strategy behind doing this. She would like to express my appreciation WOMEN’S RIGHTS said: ‘‘It’s a much better thing to be and gratitude to the Senator from Ari- Mrs. MURRAY. Mr. President, I campaigning on rape and incest these zona for his very thoughtful and care- thank Senator BLUMENTHAL and Sen- days.’’ ful approach to considering this legis- ator BOXER, who will be joining me in That is an insult to women every- lation. I enjoyed working with the Sen- this conversation in a few minutes. where, and it is most certainly not ator during our days in the House of I think that now more than ever, what the Senator from South Carolina Representatives and remember well the after we have emerged from this very has called ‘‘a debate worthy of a great vote the Senator cast back in 2007 after damaging and completely unnecessary democracy.’’ great study and reflection. government shutdown, the American This is a debate we have had. A wom- I think we find ourselves in the posi- people want us to focus on jobs and the an’s access to her own doctor is settled tion we are in right now, with an ex- economy. That is what every poll says, law. We are not going to let attacks on panded bill that has protections for that is what all of our constituents Roe v. Wade such as this one change both sexual orientation and gender say, and that is absolutely what is that. identity, because of the leadership of needed at a time when families con- I wish to remind all of those who are the Senator from Oregon. tinue to struggle to make ends meet. even considering supporting this bill To the point of the concerns that Instead of working with us across the that real women’s lives and the most have been raised in this colloquy, there aisle on jobs and economic growth, it difficult health care decisions they has been a really exhaustive amount of seems as if some Republicans are now could ever possibly make are at stake. research done on those States that focused on something else entirely— I wish for us to consider the story have passed similar pieces of legisla- politics. In fact, in a short while, the that Judy Nicastro from my home tion at the State level and how they senior Senator from South Carolina is State shared so bravely with the New chose to move forward on employment going to be introducing a bill that is York Times last summer. In an op-ed protections on the basis of sexual ori- blatantly political, a bill that not only she wrote only days after the House entation and gender identity. I have undermines a woman’s access to her passed a bill that was virtually iden- discussed with the Senator from Or- doctor but also restricts an array of re- tical to the one that is being intro- egon on numerous occasions the ap- productive health services. duced today, Judy talked about being

VerDate Mar 15 2010 23:37 Nov 07, 2013 Jkt 039060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.012 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE November 7, 2013 CONGRESSIONAL RECORD — SENATE S7899 faced with every pregnant woman’s be very clear now, that it is inappro- Mrs. BOXER. It is very good to see worst nightmare. In describing the priate, unwise, and unfair. It remains the Presiding Officer in the chair. news that one of the twins she was car- so today and will be so for as long as Since the Senator has arrived, we rying was facing a condition where we are here. have cast some landmark votes for only one lung chamber had formed and This bill essentially leaves any laws that are so critical and for can- that it was only 20 percent complete, woman who needs an abortion for didates who are so critical. We are Judy captured the anguish that count- health reasons—and I stress, for health about to have a moment in history less women in similar positions have reasons—after 20 weeks of a pregnancy where we are going to expand opportu- faced. She wrote: with no options—none. It punishes doc- nities for the LGBT community, ex- My world stopped. I loved being pregnant tors with up to 5 years in prison for pand protection for them so no longer with twins and trying to figure out which providing a service that the doctor be- will they face fear in the workplace. one was where in my uterus. Sometimes it lieves, in his or her professional judg- If we have an overwhelming vote— felt like a party in there with eight limbs ment, in his or her medical opinion, is which I hope we will have—it will send moving. The thought of losing one child was best for her and her family. Those deci- a message to Speaker BOEHNER that he unbearable. sions are what the Constitution pro- should join with us. After all, what is She went on to say: tects, what Roe v. Wade guarantees, the purpose that we should serve here? The M.R.I., at Seattle Children’s Hospital, what the right of privacy preserves in It is really making life better for peo- confirmed our fears: the organs were pushed the right to be left alone. ple. It certainly is protecting our peo- up into our boy’s chest and not developing Quite simply, this bill is bad for ple. properly. We were in the 22nd week. women, and it criminalizes medical This leads me to the reason I am here Under the bill that is being intro- professionals who would try to do what at the request of Senator MURRAY. It is duced, the decision Judy ultimately is right. I have a long history in law because we need to speak out against made through painful conversations enforcement, and this sort of ban, the bill that will shortly be introduced. with her family and consultation with which would leave women in com- It is ironic, because as we are about to her doctors would be illegal. pletely desperate circumstances with end discrimination on a whole group of The decision to make sure, as she put no options is shortsighted, misguided, worthy people, this bill attacks an- it, ‘‘our son was not born only to suf- and illegal. We should not be here talk- other group of people, the majority of fer’’ would be taken from her and given ing about proposals that would degrade this country, women. to politicians. and disgrace the Constitution, but We are here to say that the extreme I am here to provide a simple reality about job measures, economic growth and dangerous 20-week abortion ban is check. We are not going back. We are bills, and measures to solve the im- not going anywhere in the Senate—not not going back on settled law. We are mense challenges that confront us in on our watch. Anyone who knows this not going to take away a woman’s abil- dealing with budget issues. I thank the knows we mean what we say and say ity to make her own decisions about Senator from Washington State for the what we mean. her own health care and her own body. great work that she is doing on those The American people continue in Women are not going back to a time issues. election after election to reject the war when laws forced them into back alleys We should be debating the issues that on women. They did it in race after and made them subject to primitive concern and confront the American race in the 2012 cycle, and they did it in and unsanitary care. Senators such as people at this historic challenging these local and State-wide races only a time—not a measure that will be me, Senator BOXER, Senator couple of days ago. BLUMENTHAL, and others who join me struck down by the courts because it is The American people, regardless of in opposing this effort are not going to so plainly unconstitutional and so party, want us to focus on issues that go anywhere. clearly bad policy—not only for women make a difference in their lives, such but for men, families, and for all of us. Advocates and doctors who treat as creating jobs, reforming our immi- We have seen bill after bill in recent women every day and know that their gration system, keeping college afford- health care must be protected are not times stalled by disagreements over health care. We have seen the Federal able for students, and rebuilding an in- going to go anywhere. Women who con- Government shut down over health frastructure that is failing us. They tinue to believe that their health care care. Now we see another legislative don’t want to take us back to the last decisions are theirs alone are not going attempt to win, essentially, political century and open up battles that have anywhere. points at the expense of risking the long ago been fought in 1973. By the way, the Constitution is not health and welfare of women and chil- I see my friend from Iowa, a real going anywhere. Therefore, this bill is dren in this country. The attack on champion of Roe v. Wade, a decision not going anywhere. This bill, as at- women’s health care must stop. that was made by the Court that was a tacks on Roe v. Wade before it, will We are here in the midst of a busy very tough decision. They really did eventually be lost to history. But mil- legislative session to restate the fact take a moderate view of balancing all lions of American women will not for- that this bill is going nowhere. My col- of the interests. get. I welcome our colleagues on the leagues and I will not allow this bill to We have a bill being introduced today floor to this debate. put women’s lives at risk, and to put that has been shopped around by the I yield the floor. their health care in jeopardy with po- most extreme elements in our country The PRESIDING OFFICER. The Sen- litically motivated attempts at de- that would essentially say Roe v. Wade ator from Connecticut. stroying constitutionally protected doesn’t make any difference, and it Mr. BLUMENTHAL. I thank my col- rights. That is why we are elected to opens up a direct assault on women’s league from the State of Washington this body, to take a stand and speak health, a direct assault on Roe v. Wade, for her eloquence and leadership on out, to protect the people who are most a direct assault on doctors. this issue, as I do my colleague from vulnerable, and to make sure that It is a radical bill. It is an abortion California. She has been steadfast and women who are at risk can be allowed ban. It offers no health exception, no strong in support of a woman’s right to to make personal private decisions help for women facing cancer, facing make choices about reproductive about their health and their bodies kidney failure, facing blood clots or rights. She is absolutely right; we are without obtrusive interference from other tragic complications during a not going away. the government. pregnancy, no exception for rape or in- This bill that will be introduced later These decisions should be made by cest when folks are too scared to report today from our colleague from South women, their families, the medical pro- that they were raped or they were a Carolina—as much as we respect him— fession, and whomever else they wish victim of incest. It throws trusted doc- is a nonstarter because it is nonsen- to consult, not by politicians. tors into jail for 5 years simply for pro- sical and unconstitutional. This bill I yield the floor for my colleague viding needed health care to their pa- was passed by the House of Representa- from California tients. tives earlier this year. We could not The PRESIDING OFFICER. The Sen- I wish to tell you who opposes this: have been clearer then, and we should ator from California. the American Congress of Obstetricians

VerDate Mar 15 2010 23:37 Nov 07, 2013 Jkt 039060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.013 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE S7900 CONGRESSIONAL RECORD — SENATE November 7, 2013 and Gynecologists. They said that ought to be judged based on their mer- the Mormon Church, Christian elemen- these restrictions are ‘‘dangerous to its, on their character, and on their tary schools and universities, a Pres- patients’ safety and health.’’ abilities. A person’s sexual orientation byterian-operated retirement home, a I want to speak about Judy is irrelevant to their ability to be a Seventh Day Adventist hospital, a Jew- Shackelford. Four months into her good doctor or engineer or athlete or a ish community center, and there are pregnancy, she developed a pregnancy- Federal judge. That is why I have sup- others. induced blood clot in her arm. The only ported acknowledging that reality. So I acknowledge it is absolutely guarantee that she wouldn’t die and I supported 17 years ago, in the writ- true it is the case there are Federal leave behind her 5-year-old son was for ing of the charter of the city govern- courts that have respected the reli- Judy to end that pregnancy. She and ment of Allentown, a provision that gious freedom of these institutions to her husband made that very difficult would ban discrimination on the basis be exempted from the religious hiring decision. of sexual orientation in the hiring for mandates of the Civil Rights Act and, No Senators were in the room when that city. I supported an end to don’t presumably, that would apply in the she made that decision with her hus- ask, don’t tell, because I thought it case of ENDA because of the way the band. No Governor was in the room. No was an inappropriate infringement on legislation is crafted. President was in the room. This was a the freedom of gay and lesbian persons The problem that concerns me is that personal decision she made with her serving in the military. I believe there there are other cases where other husband, her god, and her doctor. That are more legal protections that are ap- courts have come to a different conclu- is how it ought to be. If a family de- propriate to prevent employment dis- sion, and they have not recognized reli- cides they are going to save the life of crimination based on sexual orienta- gious institutions the same way. There their mom, that should be respected. tion. So these are an important set of is a lack of uniformity across our coun- Christie Brooks of Virginia, when values. try, across the different districts that pregnant with her second child, after Another obvious and vitally impor- ultimately interpret the application of her 20-week ultrasound found out that tant American value is freedom, and title VII of the Civil Rights Act. her daughter would be born with a se- particularly religious freedom. The In fact, over the years, different courts have interpreted the language vere structural birth defect and the First Amendment guarantee of the free quite differently, and so we have these baby would suffocate at birth. She exercise of religion means that reli- two problems, in my view, if we leave made the incredibly difficult decision gious groups, even in the course of sec- the underlying legislation as it is. One to end that pregnancy. She wouldn’t be ular services, can, for instance, choose is that Americans will live under not allowed to do that under this radical to hire employees who agree with their two but multiple different standards. ban. religion, employees who will promote The 12 circuits that apply the title VII We need to decide who we stand up that religion. And of course, the First exemptions have already adopted four and fight for. Is it some ideological Amendment applies even when we different tests for determining whether rightwing agenda or is it for the peo- don’t necessarily agree with the views an institution qualifies for the reli- ple, the families, the loving families of that religion or that faith. What we have tried to do in this leg- gious exemption. that we represent? The second problem is that employ- islation and in other context is to What is best for them? That is it. ers and workers don’t necessarily have strike an appropriate balance between So we are going to stop this dan- predictability even within a circuit the tension that arises between these gerous bill. We are going to stop this that has its own test, which differs sometimes competing values. The dangerous attack on women in its from another circuit. And the reason is sponsors of this bill have made a very tracks. We are sending a clear mes- the tests themselves are somewhat sub- thoughtful, credible effort to strike sage—and I thank Senator MURRAY for jective and somewhat unpredictable. organizing us today—that we will pro- that balance. In fact, the sponsor of They have multiple factors. For exam- tect women and their families across this bill and I agree on what at least an ple, the Third Circuit, which includes America. important aspect of that important my State of Pennsylvania, has nine I thank the Chair. I yield the floor. I balance ought to look like, and specifi- factors; and as the court explained, not suggest the absence of a quorum. cally I believe the agreement is that all factors will be relevant in all cases, The PRESIDING OFFICER. The religious institutions, including those and the weight given each factor may clerk will call the roll. engaging in some secular activities, vary from case to case. The result is The bill clerk proceeded to call the should be exempt from the require- that in a single case decisionmakers roll. ments of this bill if it violates the te- looking at the same set of facts can Mr. TOOMEY. Mr. President, I ask nets of their faith. reach very different conclusions. unanimous consent that the order for The goal of my amendment is to sim- In the absence of my amendment, my the quorum call be rescinded. ply make sure the bill actually concern is there will be no uniform, The PRESIDING OFFICER. Without achieves what the drafters intended. predictable national standard for deter- objection, it is so ordered. The Senator from Oregon, who is the mining when a religious entity, a reli- Mr. TOOMEY. Mr. President, I rise chief sponsor of the bill, has stated cor- gious organization, is exempt from the today to address an amendment I have rectly, in terms of its intent, that the bill. There are a couple of examples pending on the ENDA bill which we bill ‘‘broadly exempts from its scope that illustrate my point. will vote on soon. This is an amend- houses of worship as well as religiously In a case called the EEOC v. Kameha- ment I have offered on my own behalf affiliated organizations.’’ This exemp- meha Schools—that is a Hawaiian and that of Senators FLAKE and tion, which covers the same religious word. My pronunciation may not be MCCAIN, who have joined me in this ef- organizations already exempted from correct. This is a 1993 decision—there fort, and I thank them for that. the religious discrimination provisions were two schools created by a chari- It occurs to me that sometimes in of title VII of the Civil Rights Act of table trust to help orphans and poor our work a tension can arise between 1964 should ensure that religious free- children. The trust instructed ‘‘the important competing American values, dom concerns do not hinder the pas- teachers . . . shall forever be persons of and two vitally important American sage of this critical legislation. the Protestant religion.’’ The schools values are, I believe, somewhat in ten- Other groups that are advocates for shall provide a good education ‘‘and sion in some aspects of this bill. First, this legislation have similarly observed also instruction in morals.’’ one great enduring and important that the provisions of title VII would The schools hired only Protestant value for all Americans is equality. ensure the exemption of faith-based in- teachers. They held themselves out as This bill today clearly makes a strong stitutions. There are examples where Protestant schools. They required all stand for greater equality. circuit courts have ruled, in inter- the students to take religious classes. I believe, and I think most Ameri- preting title VII of the Civil Rights They offered Bible studies and worship cans share the view, that every indi- Act, that affiliated organizations services, and they had a cooperative re- vidual is entitled to dignity and re- would in fact get this exemption. Ex- lationship with one specific Protestant spect and fairness, and that individuals amples include a gymnasium run by church.

VerDate Mar 15 2010 23:37 Nov 07, 2013 Jkt 039060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.014 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE November 7, 2013 CONGRESSIONAL RECORD — SENATE S7901 The district court found the schools to speak for up to 5 minutes in opposi- activity must adhere to the broad prin- were religious and, therefore, they tion to the Toomey amendment and ciples of fairness and equal treatment. were covered and they qualified for the that the Senator from Wisconsin also In potentially allowing secular com- exemption. But the Ninth Circuit have 2 minutes to speak in opposition. mercial businesses to discriminate in Court, considering the exact same set The PRESIDING OFFICER. Is there hiring and other employment practices of facts, found the opposite and decided objection? on the basis of sexual orientation or the schools were secular. The Ninth Without objection, it is so ordered. gender identity, this amendment Circuit acknowledged the schools’ Mr. HARKIN. Mr. President, over the threatens to gut the fundamental original principle was providing reli- course of this debate, we have docu- premise of ENDA that all workers gious instruction, but they essentially mented the tremendous business com- should be treated equally and fairly. ruled that since some students were munity support for this bill, including So while I urge my colleagues to op- not Protestant and since the schools over 100 major companies. A key rea- pose this amendment, I wish to note offered courses that were not religious son for that support is that ENDA is that the sponsor of the amendment in nature—the schools taught math closely modeled on title VII of the civil supported beginning debate of the bill. and they taught social studies—for rights law. Employers are familiar His amendment is one that goes di- those reasons they would not qualify with the law, they understand how to rectly to the substance of the bill that for the exemption and the schools were comply with the law, and it provides we are debating and not an unrelated required to hire non-Protestant teach- certainty. issue. So I wish to compliment the au- ers. The many Fortune 500 companies thor, Senator TOOMEY. This is the way Another example—and I only have that have employment nondiscrimina- we should operate in the Senate. two—is a Methodist orphanage founded tion policies in place have modeled As many know, I have been advo- by the Methodist Church. The board of their policies on the nondiscrimination cating for rules changes since 1995. One trustees were Methodist and they had requirements of title VII. Unfortu- thing I have always adhered to is that close ties to the Methodist Church. The nately, by proposing an entirely new it is the right of the minority to be district court eventually held that definition of businesses that would able to offer relevant germane amend- many of the orphanage’s day-to-day ac- qualify for an exemption from the Em- ments to a bill. The author of this tivities of caring for children were sim- ployment Non-Discrimination Act, this amendment has adhered to that. This ply not necessarily religious, and so amendment calls into question that is certainly relevant. This is certainly the home was not exempt. But ini- very certainty. ENDA already exempts germane. That is why I compliment tially, the district court had actually the same religious organizations that him for providing us with a way the found for the Methodist orphanage. It qualify for an exemption under title Senate should work. But the amend- was the Fourth Circuit that reversed VII of the Civil Rights Act. ment, I believe, is ill-defined. It would it, sent the case back with instructions Under current law, the exemption in- open the floodgates for all kinds of new they reconsider this. cludes not only houses of worship— cases. It would disrupt businesses all The district court had an interesting churches, synagogues, and mosques— over America. So for that reason I urge comment in this. It stated its opinion but also religious schools and reli- my colleagues to oppose the amend- by declaring that it remains somewhat giously affiliated hospitals. The exemp- ment by the Senator from Pennsyl- confused as to the proper interpreta- tion in this bill passed the House of vania. tion, but it would do its best. So if a Representatives on a broad bipartisan I yield the floor. Federal judge can’t tell what the test basis, 402 to 25, in 2007. The PRESIDING OFFICER. The Sen- is, how could workers? How could an In determining what organizations ator from Wisconsin. employer? How could an institution should qualify for religious exemption, Ms. BALDWIN. Mr. President, the based on faith? most courts have also said that where bill before us today, the Employment My amendment really is a modest at- the primary activity of the organiza- Non-Discrimination Act, contains a tempt to ensure the bill actually tion is commerce or profit, despite very carefully negotiated bipartisan re- achieves what I believe its authors and strongly held religious beliefs by the ligious exemption provision. The sponsors and supporters intend. It owners, the organization may not dis- amendment before us right now signifi- would continue to guarantee equality criminate in hiring. That is what this cantly expands that provision, and I to workers, but it would protect reli- amendment, I believe, seeks to change. rise to share why I believe it would be gious groups’ rights to the free exercise This amendment would allow entities unwise to do so and urge my colleagues of their religion. And it would ensure that are ‘‘officially affiliated’’ with a to oppose the amendment. all Americans would live under the religious society to discriminate on the Religious organizations are not same rule, the same formulation, with basis of sexual orientation and gender touched by this legislation. They can predictability and certainty. It would identity. This is a new term that is un- use an individual’s sexual orientation clarify that ENDA’s religious exemp- defined in the text of the amendment or gender identity in their employment tion applies to religious hospitals, and could lead to thousands of for-prof- decisions if they choose to. ENDA does schools, charities, and other organiza- it businesses being allowed to discrimi- apply, however, to businesses and enti- tions that are owned by, controlled by, nate. ties that are not primarily religious in or officially affiliated with a church or Some examples that have been sug- purpose and character. religious group covered by ENDA’s cur- gested could qualify for the exemption Just as with other civil rights legis- rent exemption. could be a private employer whose only What this does is simply ensures we lation and in laws protecting individ- get close to striking a good, sensible ‘‘affiliation’’ with a religious society is uals from discrimination on the bases balance between the equality in the receiving a regular newsletter from of race, sex, national origin, religion, workforce that is the principle motiva- that society or a private employer who age, and disability, a capable employee tion for this bill and the religious free- sponsors a fundraiser for a religiously in a nonreligious business should not dom I feel very strongly about and I affiliated nonprofit or a private em- be fired—or not hired—because of his think many of my colleagues do as ployer who provides goods and services or her boss’s religious beliefs. well. to a religious organization. Again, this The amendment offered by Senator I want to commend everybody who amendment would open the floodgates TOOMEY would broaden this exemption has put in a lot of hard work on a care- for all kinds of lawsuits. Courts would to allow an employer to be exempt ful and thoughtful effort here, and I be inundated trying to figure out what from ENDA if it is affiliated with a hope my fellow Senators will join me does ‘‘officially affiliated’’ mean be- particular religious organization, even in supporting this amendment. cause there is no definition to that. if it engages primarily in secular ac- Mr. President, I yield the floor. The definitions we had before provide tivities. Allowing this type of exemp- The PRESIDING OFFICER. The Sen- that kind of certainty to our business tion could be interpreted so broadly ator from Iowa. owners. that it could negate the bill and its im- Mr. HARKIN. Mr. President, I ask Our Nation’s civil rights laws require portant protections for American unanimous consent that I be permitted those who participate in commercial workers.

VerDate Mar 15 2010 23:37 Nov 07, 2013 Jkt 039060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.015 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE S7902 CONGRESSIONAL RECORD — SENATE November 7, 2013 The provision of this bill that this [Rollcall Vote No. 230 Leg.] Mr. DURBIN. I announce that the amendment seeks to modify is the YEAS—43 Senator from Pennsylvania (Mr. product of a long and significant bipar- Alexander Fischer Paul CASEY) is necessarily absent. tisan negotiation and compromise. Ayotte Flake Portman Mr. CORNYN. The following Senator I ask unanimous consent for 2 addi- Barrasso Graham Pryor is necessarily absent: the Senator from Blunt Grassley Risch tional minutes. OBURN Boozman Hatch Roberts Oklahoma (Mr. C ). The PRESIDING OFFICER. Is there Burr Heller Rubio The yeas and nays resulted—yeas 64, objection? Chambliss Hoeven Scott nays 34, as follows: Without objection, it is so ordered. Coats Inhofe Sessions Cochran Isakson [Rollcall Vote No. 231 Leg.] Shelby Ms. BALDWIN. I am a former Mem- Corker Johanns Thune YEAS—64 ber of the House of Representatives, Cornyn Johnson (WI) Toomey and I worked very closely with faith Crapo Lee Ayotte Hatch Murray Cruz McCain Vitter Baldwin Heinrich Nelson groups and civil rights advocates over Donnelly McConnell Wicker Baucus Heitkamp Portman the months leading up to consideration Enzi Moran Begich Heller Pryor of ENDA in 2007 to arrive at the reli- Bennet Hirono Reed NAYS—55 Blumenthal Johnson (SD) gious exemption compromise in the bill Reid Baldwin Heinrich Murray Booker Kaine Rockefeller Boxer King we are considering today. In fact, this Baucus Heitkamp Nelson Sanders Brown Kirk current language in the bill before us Begich Hirono Reed Schatz Cantwell Klobuchar Bennet Johnson (SD) Schumer passed the House of Representatives on Reid Cardin Landrieu Blumenthal Kaine Shaheen a broad bipartisan basis of 402 to 25 as Rockefeller Carper Leahy Booker King Sanders Stabenow a floor amendment during our consid- Boxer Kirk Collins Levin Schatz Coons Manchin Tester eration of ENDA in 2007. It is a bipar- Brown Klobuchar Schumer Toomey Cantwell Landrieu Donnelly Markey tisan compromise supported by many Shaheen Udall (CO) Cardin Leahy Durbin McCain Stabenow Udall (NM) religious organizations, including the Carper Levin Feinstein McCaskill Tester Warner Presbyterian Church, the United Meth- Collins Manchin Flake Menendez Warren odist Church, and the United Syna- Coons Markey Udall (CO) Franken Merkley Udall (NM) Gillibrand Mikulski Whitehouse gogue for Conservative Judaism. Durbin McCaskill Feinstein Menendez Warner Hagan Murkowski Wyden Over 40 religious organizations wrote Franken Merkley Warren Harkin Murphy to endorse this bill with a letter that Gillibrand Mikulski Whitehouse NAYS—34 reads: Hagan Murkowski Wyden Harkin Murphy Alexander Enzi Paul Any claims that ENDA harms religious lib- Barrasso Fischer Risch erty are misplaced. ENDA broadly exempts NOT VOTING—2 Blunt Graham Roberts from its scope houses of worship as well as Casey Coburn Boozman Grassley Rubio religiously affiliated organizations. This ex- Burr Hoeven Scott emption—which covers the same religious The PRESIDING OFFICER. Under Chambliss Inhofe Sessions Coats Isakson organizations already exempted from reli- the previous order requiring 60 votes Shelby Cochran Johanns Thune gious discrimination provisions of title VII for adoption of the amendment, the Corker Johnson (WI) Vitter of the Civil Rights Act of 1964—should ensure amendment is rejected. Cornyn Lee Wicker that religious freedom concerns don’t hinder Under the previous order, the com- Crapo McConnell the passage of this critical legislation. mittee-reported substitute amend- Cruz Moran I ask my colleagues to oppose this ment, as amended, is agreed to. NOT VOTING—2 amendment and then join together on a CLOTURE MOTION Casey Coburn historic day to vote in support of the Under the previous order, the cloture The PRESIDING OFFICER. On this Employment Non-Discrimination Act. motion having been presented under vote, the yeas are 64, the nays are 34. I yield the floor. rule XXII, the Chair directs the clerk Three-fifths of the Senators duly cho- The PRESIDING OFFICER. The Sen- to read the motion. ator from Pennsylvania. sen and sworn having voted in the af- CLOTURE MOTION firmative, the motion is agreed to. Mr. TOOMEY. Mr. President, I ask We, the undersigned Senators, in accord- for the yeas and nays on my amend- Under the previous order, cloture ance with the provisions of rule XXII of the having been invoked on S. 815, the time ment. Standing Rules of the Senate, hereby move The PRESIDING OFFICER. Is there a to bring to a close debate on S. 815, a bill to until 1:45 p.m. will be equally divided sufficient second? prohibit employment discrimination on the between the two leaders or their des- There is a sufficient second. basis of sexual orientation or gender iden- ignees. Under the previous order, the motion tity. The Senator from Ohio. to recommit S. 815, the pending amend- Harry Reid, Tom Harkin, Jeff Merkley, Mr. BROWN. Madam President, I rise ments to the underlying bill, and Patrick J. Leahy, Tom Udall, Mark today to discuss the need to protect all Begich, Brian Schatz, Al Franken, Bar- amendment No. 2020 offered by the Sen- Americans from workplace discrimina- bara Boxer, Richard J. Durbin, Chris- tion. The vote that the Presiding Offi- ator from Maine (Ms. COLLINS) for the topher A. Coons, Tammy Baldwin, Senator from Nevada (Mr. REID) are Debbie Stabenow, Benjamin L. Cardin, cer from North Dakota just announced withdrawn. Sheldon Whitehouse, Patty Murray, was a tremendous victory for civil Under the previous order, the ques- Barbara Mikulski, Kirsten E. Gilli- rights in our country; it was a tremen- tion is on agreeing to amendment No. brand dous victory for all people, gay and 2013 offered by the Senator from Ne- The PRESIDING OFFICER. By unan- straight. It will mean a more produc- vada (Mr. REID) for the Senator from imous consent, the mandatory quorum tive workplace. It will mean better Pennsylvania (Mr. TOOMEY). call has been waived. work conditions. It will mean an ex- The yeas and nays have been ordered. The question is, Is it the sense of the pansion of human rights. And what is The clerk will call the roll. Senate that debate on S. 815, a bill to not to celebrate about that? The bill clerk called the roll. prohibit employment discrimination I worked on this bill as a cosponsor Mr. DURBIN. I announce that the on the basis of sexual orientation or starting almost 15 years ago—more Senator from Pennsylvania (Mr. gender identity, and for other purposes, than 15 years ago—in the House of Rep- CASEY) is necessarily absent. shall be brought to a close? resentatives, and I am thrilled to have Mr. CORNYN. The following Senator The yeas and nays are mandatory been able to vote for it today, as I is necessarily absent: the Senator from under the rule. know 60-plus of my colleagues were, Oklahoma (Mr. COBURN). The clerk will call the roll. and I am hopeful the House of Rep- The PRESIDING OFFICER (Ms. The assistant bill clerk called the resentatives decides to do the same. HEITKAMP). Are there any other Sen- roll. Earlier this year people of different ators in the Chamber desiring to vote? The PRESIDING OFFICER. Are there genders, ethnicities, and ages gathered The result was announced—yeas 43, any other Senators in the Chamber de- outside of the Supreme Court wanting nays 55, as follows: siring to vote? to be there when civil rights history

VerDate Mar 15 2010 01:06 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.018 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE November 7, 2013 CONGRESSIONAL RECORD — SENATE S7903 was made when the Defense of Mar- We have already made progress in the more will receive those same types of riage Act was declared unconstitu- fight for equality, but we need to con- notices in the foreseeable future. tional. Clergy, people in collars, par- tinue to move forward. We repealed We have learned that the administra- ents with children, students, seniors— don’t ask, don’t tell. This June the Su- tion and, in fact, the Senate, knew that everyone in between—were there too. preme Court held the Defense of Mar- was going to happen in 2010 because we The steps of the Supreme Court that riage Act—which five of my Senate col- had a vote on the Congressional Review morning were filled with people who leagues voted against in 1996, a few of Act of the regulation which would have represented every walk of life in our us in the House voted against—as un- expanded the grandfather clause, and it great country; so, too, must our laws. constitutional. As a result, couples are was defeated in a party-line vote with Today and every day far too many able to legally marry in many States all Republicans voting to expand the Americans still go to work fearing they across the country, the newest of grandfathering provision and all our can be fired for who they are and whom which is Illinois. We must continue Democratic colleagues voting against. they love. This needs to stop now. That this progress to create a most just, in- What we learned, when they launched is why the Senate needs to pass—later clusive Nation. Dr. King once said, ‘‘In- the ObamaCare Web site—which has today, I hope—the Employment Non- justice anywhere is a threat to justice been perhaps the most visible image of Discrimination Act and the House everywhere.’’ Workers fought for the ObamaCare—was they did it before needs to bring up ENDA for a vote. right to organize, woman for the right they could guarantee the information ENDA would protect LGBT Americans to vote, African Americans fought for people would put in it would be secure. from workplace discrimination. It is equal justice, and now LGBT Ameri- That includes both your tax informa- currently legal—this is what I think cans of all backgrounds are fighting for tion, your Social Security, and your the public does not always hear and equality. They are entitled to the sup- mental health and physical health con- what I think Speaker BOEHNER needs to port of their government, of all of us, ditions. We learned yesterday from hear—it is currently legal in 29 States in that fight. Secretary Sebelius that the navigators, to discriminate based on sexual ori- I suggest the absence of a quorum. who are the people who have been hired entation. Think about that. Twenty- The PRESIDING OFFICER (Mr. to help people navigate the Affordable nine States—in this great country, HEINRICH.) The clerk will call the roll. Care Act and get signed up, were hired with this Constitution, with this Bill of The legislative clerk proceeded to without performing any kind of back- Rights—29 States allow gay Americans call the roll. ground check. To the surprise of a lot to be fired solely on the basis of their Mr. BROWN. Mr. President, I ask of people, Secretary Sebelius answered sexual orientation. In 2013 you can still unanimous consent that the order for a very direct question about that. I be fired for whom you love in 29 States. the quorum call be rescinded. asked her in the Finance Committee: Is It is legal to do that. The PRESIDING OFFICER. Without it possible a person could be a navi- We have laws protecting Americans objection, it is so ordered. from workplace discrimination based gator and be a convicted felon? She Mr. BROWN. Mr. President, I ask on the color of their skin, as we should; said it is ‘‘possible.’’ Because there is unanimous consent that all time, in- based on their religion, as we should; no criminal background check. cluding the time during quorum calls, In other words, America’s top health based on whether they are a man or a be equally divided between both sides. care officials believe it is possible that woman, as we should; or whether they The PRESIDING OFFICER. Without convicted felons could be collecting have a disability, as we should have objection, it is so ordered. some of our most sensitive personal in- those laws in place. Mr. BROWN. I suggest the absence of We should offer these same protec- formation—our Social Security num- a quorum. tions to LGBT Americans. We cur- bers, tax information, and sensitive The PRESIDING OFFICER. The rently do not protect or workers, medical data. Yet this administration clerk will call the roll. though, from being fired for whom they continues to insist upon refusing a The assistant legislative clerk pro- love. It is morally wrong. We are not proper vetting system. It is bad enough ceeded to call the roll. the Web site is entirely dysfunctional— living up to the basic moral standards. Mr. CORNYN. I ask unanimous con- We teach our children the Golden Rule: that will get fixed sooner or later—but sent that the order for the quorum call that we are to treat others as we would the fact is this same Web site could, in be rescinded. want to be treated. This country was the interim, become a magnet for fraud The PRESIDING OFFICER. Without and identity theft. not built on the ideal that only some objection, it is so ordered. people deserve equality and justice. We Many of us who were skeptics about know that no one should be discrimi- OBAMACARE the President’s extravagant promises nated against simply because of who Mr. CORNYN. During the first few of ObamaCare once implemented have they are. years after it became the law, the Af- been expressing our concerns for years. Many Fortune 500 companies and fordable Care Act was known to most But as skeptical as I was about small businesses have already taken Americans as mainly a set of promises. ObamaCare when it passed the Senate steps to protect their employees be- Americans were repeatedly told that on Christmas Eve in 2009, it is even cause they know it is right. In a meet- ObamaCare, once it began to take full worse than many of us predicted—cer- ing a few months ago, I listened to a effect—that coverage would expand, tainly worse than we imagined. Cincinnati-based engineer from Procter premiums would go down, and everyone With millions of Americans getting & Gamble discuss the importance of who liked their existing health care cancellation notices from their insur- ENDA. She said, simply: People should coverage could keep it. ance companies, we are finding out be able to bring all of themselves to When the President and my friends their premiums are about to go up and work, not needing to hide herself or her across the aisle described it this way, not down. It is important to remember family in the workplace. She gets it. ObamaCare sounded too good to be exactly why this is happening. Thanks Unsurprisingly, so does her employer, true. Unfortunately, the promises real- to the regulations our friends across Procter & Gamble, an American icon. ly have turned out to be too good to be the aisle continue to support, Passing ENDA makes good economic true. After spending years listening to ObamaCare has allowed Washington sense. In a competitive global econ- hollow assurances about what bureaucrats to define what constitutes omy, it is essential that businesses at- ObamaCare would or would not do, the an acceptable health insurance policy tract talented, hard-working employ- past 5 years have taught us a lot, in the individual and small group mar- ees. That is difficult to do when dis- maybe only the tip of the iceberg, ket. In other words, it has allowed crimination is allowed. If we want to about the realities of what ObamaCare Washington bureaucrats to force hard- create jobs and compete on a global actually looks like. working American families to pay for level, then we need all workers from all We have learned that no fewer than health care coverage they do not want walks of life to be contributing to the 3.5 million Americans have already re- and they do not need. economy. Purposefully leaving out a ceived cancellation notices from their I have heard from my constituents in portion of our workforce only puts us insurance coverage because of the new Texas who are absolutely furious and, behind in that global competition. law. We have learned that millions in some cases, absolutely desperate

VerDate Mar 15 2010 01:06 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.020 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE S7904 CONGRESSIONAL RECORD — SENATE November 7, 2013 about losing their coverage or being health care programs I have seen pass As a matter of fact, we should take forced to pay higher premiums they the Congress—though we made some this opportunity, as we see the prom- simply can’t afford in order to buy cov- mistakes with it and we should have ises of ObamaCare being broken and erage they do not need. offset the cost—is the prescription drug not living up to the expectations of its The underlying conceit of ObamaCare plan, Medicare Part D. It has actually strongest proponents, to turn to these is that individuals and their families worked better than any of us thought other sensible ways to lower costs, in- can’t be trusted to choose the right it would because it is not a government crease coverage, and improve access. health insurance coverage for them- takeover. It created competition be- As the law’s deficiencies become selves so they must turn those deci- tween competing prescription drug more and more evident, I hope my sions over to the bureaucracy in Wash- companies that had to compete based friends across the aisle will join with ington to do it for them. on quality and price. The result has us, Republicans and Democrats alike, Some have heard us talk about a gov- been the price has gone down roughly to replace ObamaCare with something ernment takeover of the health care 30 percent under the projected costs better. system. This is what a government when it was passed. Mr. MCCAIN. Mr. President, today I takeover of a health care system looks That is the kind of transparency and will cast my vote in support of S. 815, like—when you lose the choices that choice that is produced from quality the Employment Non-Discrimination should be available to you as an Amer- information and that leaves the Act. This vote is consistent with my ican citizen—to decide what kind of choices to people individually and not firm belief that workplace discrimina- policy you need at a price you can af- to the government. tion—whether based on religion, gen- ford—because of this monstrosity of a And yes, we ought to crack down on der, race, national origin, or sexual ori- law. That is a government takeover. frivolous medical malpractice lawsuits. entation—should not be tolerated in The main objective of ObamaCare, we We have seen in Texas that reducing America. were told, was to provide coverage for the costs of frivolous medical mal- As my colleagues know, this legisla- all Americans. Yet the Congressional practice lawsuits in turn helps to pro- tion expands Federal employment dis- Budget Office has made it clear tect against defensive medicine, where crimination protections, provided ObamaCare fails even in that objective. doctors make clinical decisions based under the Civil Rights Act, to include They estimate about 30 million people not on their best medical judgment but sexual orientation. Under this bill, em- will still remain uncovered by the year based on their aversion to litigation ployers with more than 15 employees 2023 when ObamaCare has been fully risk. would be subject to new Federal regu- implemented. Thirty million people. We ought to use high-risk pools to lations for hiring, firing, or promoting OK, explain to me again, what was the ensure people with preexisting condi- an individual on the basis of sexual ori- purpose of this exercise? We were going tions can get covered. This is one of entation. to bring costs down and cover people the biggest misrepresentations I have Many of my colleagues raised con- without insurance, and everyone would heard about ObamaCare. Some of our cerns about how the bill’s language be able to keep the insurance they had colleagues have said: Well, the only failed to provide adequate protections if they liked it. Yet none of that ends way you can get preexisting conditions for religious businesses, schools, char- up being true. All of that ends up being covered is to take ObamaCare hook, ities, and other institutions. In order false. line, and sinker. That is clearly not to address these concerns, I worked As I said yesterday, the cost of true. Virtually all of our States have with Senator PORTMAN of Ohio and ObamaCare far outweighs the benefits. high-risk programs for people with pre- Senator AYOTTE of New Hampshire to It would have been a lot smarter for us existing conditions. They may need to offer an amendment to further protect to figure out how to deal with the peo- be better funded—and we ought to look the constitutional rights and religious ple who are uninsured and get them in- to try to shore them up—but it would freedoms of religious organizations. sured without raising costs or be better to fix the problems we know Our amendment prevents retaliation prejudicing the rights of people who exist rather than creating more prob- on religious employers by Federal, had policies they already liked. lems. State, and local governments based on If Congress were to choose at some We ought to give the States more the fact that these employers are ex- point to actually dismantle ObamaCare flexibility to deal with Medicaid. Med- empt from the non-discrimination re- in its entirety, which I think we ought icaid is designed as a safety net pro- quirements of ENDA. I am pleased that to do, we ought to start over and enact gram for people who can’t afford to buy this amendment was agreed to without an alternative health care reform bill their own health insurance. I see the opposition. aimed at solving the problem not cre- Senator from Maine on the floor, and I have always believed that work- ating new ones. These reforms could in- she was very intimately involved in place discrimination—whether based clude revising the Tax Code so that in- this when she was the insurance com- on religion, gender, race, national ori- dividuals could buy their own health missioner for her State. Medicaid, un- gin, or sexual orientation—is incon- insurance on the same tax terms as if fortunately, pays doctors about half of sistent with the basic values that it were employer provided. what private health insurance does to America holds dear. With the addition We would allow people to actually reimburse them for their costs, so of the amendment I cosponsored with buy in the health care market nation- many doctors have to restrict their Senators PORTMAN and AYOTTE ally and form pools to share risks. practice and their ability to see new strengthening protections for religious That would help bring down the costs. Medicaid patients. institutions, I am pleased to support It would increase competition. In Texas, only about one-third of the this legislation. We also ought to expand the use of doctors will see a new Medicaid patient Ms. MIKULSKI. Mr. President, today tax-free health savings accounts for because they simply can’t afford to do the Senate is voting on the Employ- people who decide they want to buy a so. So we need to have additional free- ment Non-Discrimination Act—a bill high-deductible catastrophic health in- dom to improve Medicaid and to shore that I am proud to cosponsor. Ameri- surance policy because it is pretty it up while providing competition and cans believe that hard-working people cheap, and in the meantime they want consumer choice to bring down costs in should be rewarded for their efforts and to set money aside each month in a Medicare. commended for their skills. Yet all health savings account. Maybe they Mr. President, such reforms would throughout our Nation individuals are will need it for health care and maybe give us a health care system with much being held back at work or even fired— they won’t, but they get to do that tax lower costs, much better coverage, and not because they are incompetent but free. And if they don’t use it, they can much greater access to quality care. because of their sexual orientation or use that as part of their retirement. We Those are the sorts of reforms we gender identity. ought to expand that. should have embraced in 2009 and 2010 I firmly believe people should be We ought to make health care price but did not. We missed our chance back judged based on their individual skills, and quality information a lot more then, but there is no good reason we competence, and unique talents and transparent. One of the most successful have to accept ObamaCare or nothing. nothing else. Sexual orientation does

VerDate Mar 15 2010 23:37 Nov 07, 2013 Jkt 039060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.023 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE November 7, 2013 CONGRESSIONAL RECORD — SENATE S7905 not affect job performance, so it should This legislation is carefully crafted and it is long overdue for Congress to not be a consideration, and the vast to protect the sincere religious beliefs extend these protections to all Amer- majority of Americans agree. In fact, many Americans hold. It embodies a ican workers. Years from now we will an overwhelming 73 percent of Mary- simple but powerful American ideal: look back on this remedy as another landers support the Employment Non- On the job, what matters is your work, substantial milestone on our Nation’s Discrimination Act. not your gender or skin color or faith everlasting quest to achieve a more The Employment Non-Discrimina- or your sexual orientation any other perfect union—a quest to realize more tion Act would close a significant gap extraneous matter. completely the motto engraved in in our civil rights laws. It would ensure There may have been times in the Vermont marble above the Supreme that people are judged on the quality of past when the Congress pushed Ameri- Court building that declares: ‘‘Equal their work, not on sexual orientation cans into new and perhaps uncomfort- Justice Under Law.’’ or gender identity. Job discrimination able territory in the march toward We now have protections for workers on the basis of race, ethnicity, gender, equality. But today, the law lags public from discrimination on the basis of or religion has long been prohibited; opinion in this area. Public opinion race, sex, religion, national origin and however, it is still legal to hire and fire polls show that roughly 7 in 10 Ameri- disability, as we should. Yet there are a person based on their sexual orienta- cans believe workplace discrimination no Federal protections from discrimi- tion. This is an outrageous practice for against gays, lesbians and nation on the basis of sexual orienta- a country that prides itself on equal transgendered individuals should be tion or gender identity. In 29 States, it rights for all. against the law. In fact, they think it is still legal for an employer to fire em- Today, when I look back at the civil already is—according to one poll, 80 ployees based on their sexual orienta- rights movement of the 1960s, I am percent of Americans believe such dis- tion, and in 33 States employees can be shocked by how modest the demands of crimination is already a violation of fired based on their gender identity. the African American community actu- Federal law. Support for ENDA is not Maintaining the status quo would keep ally were. If we can pass this piece of confined to one region of the country— in place a system that supports a sec- legislation, in the future we will look polls show that majorities in every ond class of workers in a majority of back and think what a modest, obvious State in the union support it. So, pas- States. This runs counter to our found- step it was and wonder why it took so sage of ENDA is not some bold social ing values. It is time to remedy that. long. This bill does not bestow special experiment or engineering process. It is As the son of Vermont printers, I rights; it simply offers gay, lesbian, bi- what the American people want and learned at an early age the primary im- sexual, and transgender Americans the are ready for. portance of the First Amendment. The same protection against unfair dis- That is as true today as it was in First Amendment in our Bill of Rights crimination in the workplace as other 1996, the last time the Senate held a is the foundation of our democracy and groups—no more, no less. vote on this measure. Even then, a ma- our way of life. It is one of the most de- Currently, 21 States and the District jority of Americans supported it, and fining principles of our national char- of Columbia have passed laws that pro- just as it is today, it enjoyed the sup- acter. It helps preserve all of our other hibit job discrimination on the basis of port of a diverse group of religious and rights. By guaranteeing a free press sexual orientation. In addition, hun- business organizations. Then, as today, and the free exercise of religion, it en- dreds of companies have implemented American businesses recognized that sures an informed electorate and the nondiscrimination policies that include discrimination on the basis of sexual freedom to worship God and to practice sexual orientation. orientation or gender identity is just our religion as we choose—or to prac- Gay Americans are part of the Amer- bad business. tice no religion at all. ican mosaic and are entitled to the This is also not a partisan issue. This Religious freedom does not end with same rights and freedoms as every legislation is on the brink of passage the vital protections afforded by the other American citizen. Change in civil here because members of both parties First Amendment. The bill before us rights comes slowly, but we are long have shown principled leadership and contains important protections for re- overdue in making sure they have pro- dedication. ligious organizations by ensuring that tection against unfair discrimination But the ultimate reason I have sup- they can continue to make significant in the workplace. My hope is that ported this legislation for decades now faith-based employment decisions. The someday we will look back on this and is not related to public opinion polls or carefully crafted religious exemption wonder what took us so long. We all de- endorsement letters from churches and in this legislation is consistent with serve to live in an environment where corporations, though those are heart- the freedoms guaranteed by the Con- people are treated fairly and with the ening and welcome. Simply, it is wrong stitution. dignity they deserve, and today I urge to deny employment to anyone who All Americans deserve civil rights my colleagues to vote for this impor- can do the job, just because of their protections under our Constitution, tant bill. sexual orientation. ‘‘All men are cre- which, in addition to the First Amend- Mr. LEVIN. Mr. President, this Na- ated equal’’ means giving every Amer- ment, also ensures due process and tion began not as merely a plot of land, ican the opportunity to earn what equal protection. In previous legisla- or as a group of people united by lan- their talents and dedication allow, to tive debates like the one before us guage or ethnicity. It began with an provide for themselves and their fami- today, Congress has protected and bol- idea: ‘‘That all men are created equal.’’ lies. Denying anyone that right is at stered these rights by passing legisla- Our story since Thomas Jefferson odds with the ideals on which this tion to fill gaps in our Federal laws. wrote those words has been a story of country was founded and on which it This includes passing legislation to progress toward honoring what has depends to this day. protect the practice of religion without been called ‘‘the immortal phrase.’’ I strongly support this legislation. I discrimination, to prevent pay dis- Today, this Senate can move our Na- urge my Senate colleagues to support crimination based on sex, and to serve tion one important step forward in it, and upon Senate passage, I urge the openly in the military. By passing the honoring the truth of those words by fi- leaders of the House of Representatives remedy before us today, we will take nally passing the Employment Non- to recognize just how far behind the another significant step forward in Discrimination Act, or ENDA. We can American people they have fallen on taking discrimination out of our laws help ensure that no American is de- this issue, and bring the Employee and ensuring the equal treatment of prived of the opportunity to work—the Non-Discrimination Act to the House lesbian, gay, bisexual, and transgender opportunity to succeed—as all of us floor for a vote. Americans. want to succeed merely because of sex- Mr. LEAHY. Mr. President, the Sen- I thank Chairman HARKIN and Sen- ual orientation or gender identity, just ate has a historic opportunity today to ators MERKLEY and COLLINS for their as we have acted to protect that oppor- take discrimination out of the work- leadership on this significant, overdue, tunity against discrimination based on place by casting a vote for the Employ- and bipartisan antidiscrimination rem- age, race, color, religion, national ori- ment Non-Discrimination Act. Today’s edy. I also am mindful and appreciative gin or disability. vote has been 20 years in the making, of the leading role that Senator Jim

VerDate Mar 15 2010 23:37 Nov 07, 2013 Jkt 039060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.005 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE S7906 CONGRESSIONAL RECORD — SENATE November 7, 2013 Jeffords of my State of Vermont took affirm that principle and will say to ev- Fortson, Kai Hirabayashi, and David in advancing this remedy during his eryone in this country the workplace is Cleary. A special thank-you goes to time in this body. And I thank Major- simply no place for discrimination. Dan Goldberg, who recently left my ity Leader REID for making this a pri- Mr. HARKIN. Mr. President, today HELP Committee staff but did a tre- ority for the Senate. I know that my the Senate is sending a clear message mendous job on this bill up through the late friend Senator Kennedy is smiling that all Americans are entitled to earn committee markup. I commend all of down on this chamber today as we ad- a living free from discrimination and the staff for helping to make final pas- vance his efforts to end employment to be judged in the workplace based on sage of this bill a reality. discrimination. Today we can honor his qualifications, ability, and integrity. I thank the Chair. legacy with this historic vote. The Employment Non-Discrimina- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- tion Act is simple and clear. It states ator from Oregon. ator from Maine. that private businesses, public employ- Mr. MERKLEY. Mr. President, I ask Ms. COLLINS. Mr. President, we are ers, and labor unions cannot make em- unanimous consent for 5 minutes to about to make history in this Chamber ployment decisions—hiring, firing, pro- speak to this bill. by passing the Employment Non-Dis- motion, or compensation—because of a The PRESIDING OFFICER. Is there crimination Act, more commonly person’s actual or perceived sexual ori- objection? Without objection, it is so ordered. known as ENDA. We will establish the entation or gender identity. The bill is Mr. MERKLEY. Mr. President, I modeled on title VII of the Civil Rights principle that the right to work free thank my colleague who preceded me Act, a law that has been in place for al- from discrimination is a fundamental who has summarized the bipartisan most 50 years. It is a law that is well right of each and every American re- collaboration to bring this bill to this understood by employers and is strong- gardless of age, race, gender, religion, point that we will be voting on in just disability, national origin, and now, fi- ly supported by employers. a few minutes. No one has done more More than 50 years ago, with the nally, sexual orientation. than she to advance this conversation Civil Rights Act, we took the first It has taken a long time to get to over many years. I thank the Senator steps to eliminate discrimination at this day. More than 10 years ago I was from Maine for those incredible efforts work. Since that time we have ensured proud to join a life-long champion of on behalf of ending discrimination and that the employers may not discrimi- civil rights, the late Senator Ted Ken- advancing liberty and opportunity. nedy, as a cosponsor of ENDA. That nate on the basis of race, sex, national Today the Senate will vote to break was back in 2002. Over the years our origin, religion, or age. In 1990 with the chains of discrimination that hold country has rightly taken a stand passage of the Americans with Disabil- back millions of LGBT Americans from against workplace discrimination in a ities Act we ensured that Americans the full promise of liberty—liberty, wide variety of forms. It is past time were not discriminated against on the that freedom to participate fully in our we close this gap for our LGBT employ- basis of a disability. Today, for the society, in the public square to the vot- ees. The time to pass this bill has first time, the Senate goes on record ing booth, to the school, to the work- come. prohibiting discrimination at work on place; liberty, that quality deeply root- I thank Senators MERKLEY and KIRK the basis of sexual orientation and gen- ed in our national journey and embed- for taking up the cause and for moving der identity. ded in our Declaration of Independence this bill forward. Senator KIRK, along Yesterday I entered into a colloquy ‘‘ . . . that all men are created equal, with Senators HATCH and MURKOWSKI, with Senator LEAHY, the distinguished that they are endowed by their Creator led Republican support for this bill chairman of the Judiciary Committee with certain unalienable Rights, that during its consideration by the HELP with regard to Senate amendment No. among these are Life, Liberty and the Committee. 2012. I would like to further clarify my pursuit of Happiness;’’ liberty, the de- I also acknowledge the work of the response to Senator LEAHY. As Senator clared mission of our Nation in the pre- chairman of the committee TOM HAR- LEAHY clearly set forth in his question amble to the Constitution: We, the peo- KIN in bringing this bill to the floor. to me, this amendment simply says ple, in order to form a more perfect Other Senators who helped to im- that you cannot retaliate against an union and secure the blessings of lib- prove this bill include Senators organization solely because it qualifies erty to ourselves and our posterity, do PORTMAN, AYOTTE, HELLER, HATCH, and for the exemption under section 6(a) of ordain and establish a Constitution of MCCAIN, in their effort to draft strong ENDA. The amendment is not intended the United States of America. antiretaliation language. Their amend- to undermine in any way current or fu- But the march to liberty has been ment, which was adopted unanimously, ture Federal, State, or local civil long, with numerous battles along the improves this bill by strengthening the rights protections—States and local- way: the fight to end slavery that protections for religious institutions ities can still enforce their own non- President Lincoln figured so promi- that are legitimately exempted under discrimination laws for violations nently in, the fight to end racial dis- ENDA. within their jurisdiction, regardless of crimination, the fight to end gender I thank each of those Senators and whether an entity is exempt under the discrimination, the fight to end dis- others, such as Senator FLAKE, for national ENDA legislation. crimination against our seniors, and their willingness to work with the We have had a very collaborative the fight that continues today with sponsors and cosponsors of this legisla- process on this bill, and I would like to this bill to end discrimination based on tion. Senator TOOMEY also has worked take this opportunity to thank all of sexual orientation and gender identity. hard. those who have made that possible Discrimination diminishes the poten- Mr. President, all Americans deserve first, to the sponsors of the bill, Sen- tial of the individual and it diminishes a fair opportunity to pursue the Amer- ator MERKLEY, Senator KIRK, Senator the potential of our Nation. Senator ican Dream. ENDA is simply about the BALDWIN, and Senator COLLINS, all of Ted Kennedy said this succinctly when fundamental right to work and to be whom have put in many hours behind he helped introduce in 2009 a prede- judged according to one’s abilities, the scenes working to build support for cessor of the bill we will be voting on qualifications, and job performance. this bill and make passage today a re- today. Senator Ted Kennedy said: ‘‘The Much of corporate America has already ality. Thank-yous also go to their promise of America will never be ful- voluntarily embraced LGBT protec- staff: Jeremiah Bauman, Cade filled as long as justice is denied to tions because they know that doing so Clurman, Amber Shipley, John Kane, even one among us.’’ He spoke these helps them attract and retain the best Katie Brown, and Betsy McDonnell. words just 20 days before he passed and the brightest employees. On my HELP Committee staff I away. It is appropriate to quote Ted Nearly two dozen States have would like to thank Beth Stein, Lauren Kennedy because he led the fight for versions of ENDA. In fact, in my home McFerran, Chris Williamson, and Pam this bill since its first introduction in State of Maine, it has been the law for Smith. I would also like to thank the 1994. I think he would be tremendously nearly a decade. Simply put, ENDA is HELP Committee minority staff who pleased with the bipartisan vote of af- about fairness and workplace equality. also worked to get this bill through a firmation against discrimination which Today, I am confident the Senate will very collaborative process: Kyle we will soon be taking.

VerDate Mar 15 2010 00:33 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.028 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE November 7, 2013 CONGRESSIONAL RECORD — SENATE S7907 Along the course of the two decades Shall the bill (S. 815), as amended, (3) to invoke congressional powers, includ- many have helped on this bill, whose pass? ing the powers to enforce the 14th Amend- footsteps no longer echo in these Halls, Mr. MERKLEY. I ask for the yeas ment to the Constitution, and to regulate and to all of those champions of liberty and nays. interstate commerce pursuant to section 8 of The PRESIDING OFFICER. Is there a article I of the Constitution, in order to pro- who have participated in this process I hibit employment discrimination on the say thank you. sufficient second? There appears to be a sufficient sec- bases of sexual orientation and gender iden- There are many champions of liberty tity; and still in this body who have been fight- ond. (4) to reinforce the Nation’s commitment ing toward this moment, and I wish to The clerk will call the roll. to fairness and equal opportunity in the make sure I acknowledge them: Sen- The assistant legislative clerk called workplace consistent with the fundamental ator HARKIN, who championed many the roll. right of religious freedom. Mr. DURBIN. I announce that the elements, including ending discrimina- SEC. 3. DEFINITIONS. tion against those with disabilities and Senator from Pennsylvania (Mr. who steered this bill through his com- CASEY) is necessarily absent. (a) IN GENERAL.—In this Act: Mr. CORNYN. The following Senators (1) COMMISSION.—The term ‘‘Commission’’ mittee; Senator HARRY REID and the are necessarily absent: the Senator means the Equal Employment Opportunity leadership team who worked together from Wyoming (Mr. BARRASSO), the Commission. to enable this moment in the calendar Senator from Oklahoma (Mr. COBURN), (2) COVERED ENTITY.—The term ‘‘covered to have this debate and to advocate and the Senator from Alabama (Mr. entity’’ means an employer, employment this bill; Senator TAMMY BALDWIN, who agency, labor organization, or joint labor- SESSIONS). brought in energy from the House and management committee. The PRESIDING OFFICER (Mr. MUR- the powerful voice of her personal ex- (3) DEMONSTRATES.—The term ‘‘dem- PHY). Are there any other Senators in perience to bear on this debate; Sen- onstrates’’ means meets the burdens of pro- the Chamber desiring to vote? duction and persuasion. ator COLLINS, who just spoke, who has The result was announced—yeas 64, (4) EMPLOYEE.— done so much for so long to make this nays 32, as follows: (A) IN GENERAL.—The term ‘‘employee’’ happen, and in the first 2 years of 2009 [Rollcall Vote No. 232 Leg.] means— and 2010 was the lead cosponsor. She YEAS—64 (i) an employee as defined in section 701(f) passed the baton to Senator KIRK, who of the Civil Rights Act of 1964 (42 U.S.C. has carried that baton forward in the Ayotte Hatch Murray 2000e(f)); Baldwin Heinrich Nelson (ii) a State employee to which section most admirable way. Senators MUR- Baucus Heitkamp Portman 302(a)(1) of the Government Employee Rights KOWSKI and HATCH joined to help this Begich Heller Pryor Act of 1991 (42 U.S.C. 2000e–16b(a)(1)) applies; bill come out of committee and helped Bennet Hirono Reed Blumenthal Johnson (SD) (iii) a covered employee, as defined in sec- create the momentum; Senators Reid Booker Kaine Rockefeller tion 101 of the Congressional Accountability PORTMAN, AYOTTE, HELLER, TOOMEY, Boxer King Sanders Act of 1995 (2 U.S.C. 1301) or section 411(c) of Brown Kirk and HATCH engaged to help make sure Schatz title 3, United States Code; or Cantwell Klobuchar Schumer (iv) an employee or applicant to which sec- the religious exemption which we de- Cardin Landrieu Shaheen veloped with the right hand is not Carper Leahy tion 717(a) of the Civil Rights Act of 1964 (42 taken away with the left hand, to rein- Collins Levin Stabenow U.S.C. 2000e–16(a)) applies. Tester force the integrity of the title VII reli- Coons Manchin (B) EXCEPTION.—The provisions of this Act Donnelly Markey Toomey that apply to an employee or individual shall gious exemption; Senator FLAKE, who Durbin McCain Udall (CO) not apply to a volunteer who receives no brought forward ideas on how to make Feinstein McCaskill Udall (NM) compensation. Flake Menendez Warner sure the guidance would be there to (5) EMPLOYER.—The term ‘‘employer’’ Franken Merkley Warren help businesses understand how to im- Gillibrand Mikulski Whitehouse means— plement this act. Hagan Murkowski Wyden (A) a person engaged in an industry affect- There are a lot of coalition groups Harkin Murphy ing commerce (as defined in section 701(h) of the Civil Rights Act of 1964 (42 U.S.C. that have done a tremendous amount NAYS—32 2000e(h)) who has 15 or more employees (as of work. Well done. Every conversation Alexander Enzi Moran such as this takes advocates inside the defined in subparagraphs (A)(i) and (B) of Blunt Fischer Paul paragraph (4)) for each working day in each Boozman Graham Chamber and advocates outside the Risch of 20 or more calendar weeks in the current Chamber but a particular acknowledge- Burr Grassley Roberts Chambliss Hoeven or preceding calendar year, and any agent of ment of the Human Rights Campaign. Rubio Coats Inhofe Scott such a person, but does not include a bona The PRESIDING OFFICER. The Sen- Cochran Isakson Shelby fide private membership club (other than a ator’s time has expired. Corker Johanns Thune labor organization) that is exempt from tax- Cornyn Johnson (WI) Vitter ation under section 501(c) of the Internal Mr. MERKLEY. I ask unanimous Crapo Lee Wicker Revenue Code of 1986; consent for 1 more minute. Cruz McConnell The PRESIDING OFFICER. Is there (B) an employing authority to which sec- NOT VOTING—4 objection? tion 302(a)(1) of the Government Employee Rights Act of 1991 applies; Without objection, it is so ordered. Barrasso Coburn Casey Sessions (C) an employing office, as defined in sec- Mr. MERKLEY. There are two staff tion 101 of the Congressional Accountability members on my team who have labored The bill (S. 815), as amended, was passed, as follows: Act of 1995 or section 411(c) of title 3, United on this whom I wish to personally ac- States Code; or knowledge: Scott Rosenthal, who car- S. 815 (D) an entity to which section 717(a) of the ried this organizational responsibility Be it enacted by the Senate and House of Rep- Civil Rights Act of 1964 applies. for a number of years, and my legisla- resentatives of the United States of America in (6) EMPLOYMENT AGENCY.—The term ‘‘em- Congress assembled, tive director Jeremiah Bowman, who ployment agency’’ has the meaning given the SECTION 1. SHORT TITLE. provided over these last few months term in section 701(c) of the Civil Rights Act This Act may be cited as the ‘‘Employment of 1964 (42 U.S.C. 2000e(c)). this critical organizing stage. Non-Discrimination Act of 2013’’. (7) GENDER IDENTITY.—The term ‘‘gender I look forward to this vote for lib- SEC. 2. PURPOSES. identity’’ means the gender-related identity, erty, this vote for freedom, this vote The purposes of this Act are— appearance, or mannerisms or other gender- for opportunity, and this vote for a (1) to address the history and persistent, related characteristics of an individual, with fairer and just America. widespread pattern of discrimination on the or without regard to the individual’s des- The PRESIDING OFFICER. Under bases of sexual orientation and gender iden- ignated sex at birth. the previous order, all postcloture time tity by private sector employers and local, (8) LABOR ORGANIZATION.—The term ‘‘labor is yielded back. State, and Federal Government employers; organization’’ has the meaning given the The bill was ordered to be engrossed (2) to provide an explicit, comprehensive term in section 701(d) of the Civil Rights Act Federal prohibition against employment dis- of 1964 (42 U.S.C. 2000e(d)). for a third reading and was read the crimination on the bases of sexual orienta- (9) PERSON.—The term ‘‘person’’ has the third time. tion and gender identity, including meaning- meaning given the term in section 701(a) of The PRESIDING OFFICER. Under ful and effective remedies for any such dis- the Civil Rights Act of 1964 (42 U.S.C. the previous order, the question is, crimination; 2000e(a)).

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(10) SEXUAL ORIENTATION.—The term ‘‘sex- against an individual based on the actual or tionship between the United States and ual orientation’’ means homosexuality, het- perceived sexual orientation or gender iden- members of the Armed Forces. erosexuality, or bisexuality. tity of a person with whom the individual as- (2) ARMED FORCES.—In paragraph (1) the (11) STATE.—The term ‘‘State’’ has the sociates or has associated. term ‘‘Armed Forces’’ means the Army, meaning given the term in section 701(i) of (f) NO PREFERENTIAL TREATMENT OR Navy, Air Force, Marine Corps, and Coast the Civil Rights Act of 1964 (42 U.S.C. QUOTAS.—Nothing in this Act shall be con- Guard. 2000e(i)). strued or interpreted to require or permit— (b) VETERANS’ PREFERENCES.—This title (b) APPLICATION OF DEFINITIONS.—For pur- (1) any covered entity to grant preferential does not repeal or modify any Federal, State, poses of this section, a reference in section treatment to any individual or to any group territorial, or local law creating a special 701 of the Civil Rights Act of 1964— because of the actual or perceived sexual ori- right or preference concerning employment (1) to an employee or an employer shall be entation or gender identity of such indi- for a veteran. considered to refer to an employee (as de- vidual or group on account of an imbalance SEC. 8. CONSTRUCTION. fined in subsection (a)(4)) or an employer (as which may exist with respect to the total (a) DRESS OR GROOMING STANDARDS.—Noth- defined in subsection (a)(5)), respectively, ex- number or percentage of persons of any ac- ing in this Act shall prohibit an employer cept as provided in paragraph (2) of this sub- tual or perceived sexual orientation or gen- from requiring an employee, during the em- section; and der identity employed by any employer, re- ployee’s hours at work, to adhere to reason- (2) to an employer in subsection (f) of that ferred or classified for employment by any able dress or grooming standards not prohib- section shall be considered to refer to an em- employment agency or labor organization, ited by other provisions of Federal, State, or ployer (as defined in subsection (a)(5)(A)). admitted to membership or classified by any local law, provided that the employer per- SEC. 4. EMPLOYMENT DISCRIMINATION PROHIB- labor organization, or admitted to, or em- mits any employee who has undergone gen- ITED. ployed in, any apprenticeship or other train- der transition prior to the time of employ- (a) EMPLOYER PRACTICES.—It shall be an ing program, in comparison with the total ment, and any employee who has notified the unlawful employment practice for an em- number or percentage of persons of such ac- employer that the employee has undergone ployer— tual or perceived sexual orientation or gen- or is undergoing gender transition after the time of employment, to adhere to the same (1) to fail or refuse to hire or to discharge der identity in any community, State, sec- dress or grooming standards as apply for the any individual, or otherwise discriminate tion, or other area, or in the available work gender to which the employee has against any individual with respect to the force in any community, State, section, or transitioned or is transitioning. compensation, terms, conditions, or privi- other area; or leges of employment of the individual, be- (b) ADDITIONAL FACILITIES NOT REQUIRED.— (2) the adoption or implementation by a Nothing in this Act shall be construed to re- cause of such individual’s actual or perceived covered entity of a quota on the basis of ac- sexual orientation or gender identity; or quire the construction of new or additional tual or perceived sexual orientation or gen- facilities. (2) to limit, segregate, or classify the em- der identity. SEC. 9. COLLECTION OF STATISTICS PROHIB- ployees or applicants for employment of the (g) NO DISPARATE IMPACT CLAIMS.—Only employer in any way that would deprive or ITED. disparate treatment claims may be brought The Commission and the Secretary of tend to deprive any individual of employ- under this Act. Labor shall neither compel the collection of ment or otherwise adversely affect the sta- (h) STANDARDS OF PROOF.—Except as other- nor require the production of statistics on tus of the individual as an employee, because wise provided, an unlawful employment actual or perceived sexual orientation or of such individual’s actual or perceived sex- practice is established when the complaining gender identity from covered entities pursu- ual orientation or gender identity. party demonstrates that sexual orientation ant to this Act. (b) EMPLOYMENT AGENCY PRACTICES.—It or gender identity was a motivating factor shall be an unlawful employment practice SEC. 10. ENFORCEMENT. for any employment practice, even though (a) ENFORCEMENT POWERS.—With respect to for an employment agency to fail or refuse other factors also motivated the practice. to refer for employment, or otherwise to dis- the administration and enforcement of this SEC. 5. RETALIATION PROHIBITED. criminate against, any individual because of Act in the case of a claim alleged by an indi- the actual or perceived sexual orientation or It shall be an unlawful employment prac- vidual for a violation of this Act— gender identity of the individual or to clas- tice for a covered entity to discriminate (1) the Commission shall have the same sify or refer for employment any individual against an individual because such indi- powers as the Commission has to administer on the basis of the actual or perceived sexual vidual— and enforce— orientation or gender identity of the indi- (1) opposed any practice made an unlawful (A) title VII of the Civil Rights Act of 1964 vidual. employment practice by this Act; or (42 U.S.C. 2000e et seq.); or (c) LABOR ORGANIZATION PRACTICES.—It (2) made a charge, testified, assisted, or (B) sections 302 and 304 of the Government shall be an unlawful employment practice participated in any manner in an investiga- Employee Rights Act of 1991 (42 U.S.C. 2000e– for a labor organization— tion, proceeding, or hearing under this Act. 16b and 2000e–16c), (1) to exclude or to expel from its member- SEC. 6. EXEMPTION FOR RELIGIOUS ORGANIZA- in the case of a claim alleged by such indi- ship, or otherwise to discriminate against, TIONS. vidual for a violation of such title, or of sec- any individual because of the actual or per- (a) IN GENERAL.—This Act shall not apply tion 302(a)(1) of the Government Employee ceived sexual orientation or gender identity to a corporation, association, educational in- Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), of the individual; stitution or institution of learning, or soci- respectively; (2) to limit, segregate, or classify its mem- ety that is exempt from the religious dis- (2) the Librarian of Congress shall have the bership or applicants for membership, or to crimination provisions of title VII of the same powers as the Librarian of Congress classify or fail or refuse to refer for employ- Civil Rights Act of 1964 (42 U.S.C. 2000e et has to administer and enforce title VII of the ment any individual, in any way that would seq.) pursuant to section 702(a) or 703(e)(2) of Civil Rights Act of 1964 (42 U.S.C. 2000e et deprive or tend to deprive any individual of such Act (42 U.S.C. 2000e–1(a), 2000e–2(e)(2)) seq.) in the case of a claim alleged by such employment, or would limit such employ- (referred to in this section as a ‘‘religious individual for a violation of such title; ment or otherwise adversely affect the sta- employer’’). (3) the Board (as defined in section 101 of tus of the individual as an employee or as an (b) PROHIBITION ON CERTAIN GOVERNMENT the Congressional Accountability Act of 1995 applicant for employment because of such ACTIONS.—A religious employer’s exemption (2 U.S.C. 1301)) shall have the same powers as individual’s actual or perceived sexual ori- under this section shall not result in any ac- the Board has to administer and enforce the entation or gender identity; or tion by a Federal agency, or any State or Congressional Accountability Act of 1995 (2 (3) to cause or attempt to cause an em- local agency that receives Federal funding or U.S.C. 1301 et seq.) in the case of a claim al- ployer to discriminate against an individual financial assistance, to penalize or withhold leged by such individual for a violation of in violation of this section. licenses, permits, certifications, accredita- section 201(a)(1) of such Act (2 U.S.C. (d) TRAINING PROGRAMS.—It shall be an un- tion, contracts, grants, guarantees, tax-ex- 1311(a)(1)); lawful employment practice for any em- empt status, or any benefits or exemptions (4) the Attorney General shall have the ployer, labor organization, or joint labor- from that employer, or to prohibit the em- same powers as the Attorney General has to management committee controlling appren- ployer’s participation in programs or activi- administer and enforce— ticeship or other training or retraining, in- ties sponsored by that Federal, State, or (A) title VII of the Civil Rights Act of 1964 cluding on-the-job training programs, to dis- local agency. Nothing in this subsection (42 U.S.C. 2000e et seq.); or criminate against any individual because of shall be construed to invalidate any other (B) sections 302 and 304 of the Government the actual or perceived sexual orientation or Federal, State, or local law (including a reg- Employee Rights Act of 1991 (42 U.S.C. 2000e– gender identity of the individual in admis- ulation) that otherwise applies to a religious 16b and 2000e–16c); sion to, or employment in, any program es- employer exempt under this section. in the case of a claim alleged by such indi- tablished to provide apprenticeship or other SEC. 7. NONAPPLICATION TO MEMBERS OF THE vidual for a violation of such title, or of sec- training. ARMED FORCES; VETERANS’ PREF- tion 302(a)(1) of the Government Employee (e) ASSOCIATION.—An unlawful employment ERENCES. Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), practice described in any of subsections (a) (a) ARMED FORCES.— respectively; through (d) shall be considered to include an (1) EMPLOYMENT.—In this Act, the term (5) the President, the Commission, and the action described in that subsection, taken ‘‘employment’’ does not apply to the rela- Merit Systems Protection Board shall have

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(6) a court of the United States shall have Amendment to the Constitution from a suit SEC. 14. REGULATIONS. the same jurisdiction and powers as the brought in a Federal court of competent ju- (a) IN GENERAL.—Except as provided in court has to enforce— risdiction for a violation of this Act. subsections (b), (c), and (d), the Commission (A) title VII of the Civil Rights Act of 1964 (b) WAIVER OF STATE IMMUNITY.— shall have authority to issue regulations to (42 U.S.C. 2000e et seq.) in the case of a claim (1) IN GENERAL.— carry out this Act. alleged by such individual for a violation of (A) WAIVER.—A State’s receipt or use of (b) LIBRARIAN OF CONGRESS.—The Librarian such title; Federal financial assistance for any program of Congress shall have authority to issue reg- (B) sections 302 and 304 of the Government or activity of a State shall constitute a ulations to carry out this Act with respect to Employee Rights Act of 1991 (42 U.S.C. 2000e– waiver of sovereign immunity, under the employees and applicants for employment of 16b and 2000e–16c) in the case of a claim al- 11th Amendment to the Constitution or oth- the Library of Congress. leged by such individual for a violation of erwise, to a suit brought by an employee or (c) BOARD.—The Board referred to in sec- section 302(a)(1) of such Act (42 U.S.C. 2000e– applicant for employment of that program or tion 10(a)(3) shall have authority to issue 16b(a)(1)); activity under this Act for a remedy author- regulations to carry out this Act, in accord- (C) the Congressional Accountability Act ized under subsection (d). ance with section 304 of the Congressional of 1995 (2 U.S.C. 1301 et seq.) in the case of a (B) DEFINITION.—In this paragraph, the Accountability Act of 1995 (2 U.S.C. 1384), claim alleged by such individual for a viola- term ‘‘program or activity’’ has the meaning with respect to covered employees, as de- tion of section 201(a)(1) of such Act (2 U.S.C. given the term in section 606 of the Civil fined in section 101 of such Act (2 U.S.C. 1311(a)(1)); and Rights Act of 1964 (42 U.S.C. 2000d–4a). 1301). (D) chapter 5 of title 3, United States Code, (2) EFFECTIVE DATE.—With respect to a par- (d) PRESIDENT.—The President shall have in the case of a claim alleged by such indi- ticular program or activity, paragraph (1) authority to issue regulations to carry out vidual for a violation of section 411 of such applies to conduct occurring on or after the this Act with respect to covered employees, title. day, after the date of enactment of this Act, as defined in section 411(c) of title 3, United (b) PROCEDURES AND REMEDIES.—Except as on which a State first receives or uses Fed- States Code, and applicants for employment provided in section 4(g), the procedures and as such employees. remedies applicable to a claim alleged by an eral financial assistance for that program or SEC. 15. RELATIONSHIP TO OTHER LAWS. individual for a violation of this Act are— activity. This Act shall not invalidate or limit the (1) the procedures and remedies applicable (c) REMEDIES AGAINST STATE OFFICIALS.— rights, remedies, or procedures available to for a violation of title VII of the Civil Rights An official of a State may be sued in the offi- an individual claiming discrimination pro- Act of 1964 (42 U.S.C. 2000e et seq.) in the case cial capacity of the official by any employee hibited under any other Federal law or regu- of a claim alleged by such individual for a or applicant for employment who has com- lation or any law or regulation of a State or violation of such title; plied with the applicable procedures of sec- (2) the procedures and remedies applicable tion 10, for equitable relief that is authorized political subdivision of a State. for a violation of section 302(a)(1) of the Gov- under this Act. In such a suit the court may SEC. 16. SEVERABILITY. ernment Employee Rights Act of 1991 (42 award to the prevailing party those costs au- If any provision of this Act, or the applica- U.S.C. 2000e–16b(a)(1)) in the case of a claim thorized by section 722 of the Revised Stat- tion of the provision to any person or cir- alleged by such individual for a violation of utes (42 U.S.C. 1988). cumstance, is held to be invalid, the remain- such section; (d) REMEDIES AGAINST THE UNITED STATES der of this Act and the application of the (3) the procedures and remedies applicable AND THE STATES.—Notwithstanding any provision to any other person or cir- for a violation of section 201(a)(1) of the Con- other provision of this Act, in an action or cumstances shall not be affected by the inva- gressional Accountability Act of 1995 (2 administrative proceeding against the lidity. U.S.C. 1311(a)(1)) in the case of a claim al- United States or a State for a violation of SEC. 17. EFFECTIVE DATE. leged by such individual for a violation of this Act, remedies (including remedies at This Act shall take effect on the date that such section; and law and in equity, and interest) are available is 6 months after the date of enactment of (4) the procedures and remedies applicable for the violation to the same extent as the this Act and shall not apply to conduct oc- for a violation of section 411 of title 3, United remedies are available for a violation of title curring before the effective date. States Code, in the case of a claim alleged by VII of the Civil Rights Act of 1964 (42 U.S.C. ∑ Mr. CASEY. Mr. President, I was 2000e et seq.) by a private entity, except such individual for a violation of such sec- with my wife today, who was recov- tion. that— (c) OTHER APPLICABLE PROVISIONS.—With (1) punitive damages are not available; and ering from surgery, but had I been respect to a claim alleged by a covered em- (2) compensatory damages are available to present I would have proudly cast my ployee (as defined in section 101 of the Con- the extent specified in section 1977A(b) of the vote in favor of the Employment Non- gressional Accountability Act of 1995 (2 Revised Statutes (42 U.S.C. 1981a(b)). Discrimination Act (ENDA). As a co- U.S.C. 1301)) for a violation of this Act, title SEC. 12. ATTORNEYS’ FEES. sponsor of ENDA, I am grateful for to- III of the Congressional Accountability Act (a) DEFINITION.—For purposes of this sec- day’s bipartisan Senate vote, and I was of 1995 (2 U.S.C. 1381 et seq.) shall apply in tion, the term ‘‘decisionmaker’’ means an the same manner as such title applies with pleased to vote for cloture earlier this entity described in section 10(a) (other than week. respect to a claim alleged by such a covered paragraph (4) of such section), acting in the employee for a violation of section 201(a)(1) discretion of the entity. Despite the progress our Nation has of such Act (2 U.S.C. 1311(a)(1)). (b) AUTHORITY.—Notwithstanding any made in ensuring equality for all, more (d) NO DOUBLE RECOVERY.—An individual other provision of this Act, in an action or than one in five lesbian, gay, bisexual who files claims alleging that a practice is administrative proceeding for a violation of or transgender employees have experi- an unlawful employment practice under this this Act, a decisionmaker may allow the pre- enced workplace discrimination. That Act and an unlawful employment practice vailing party, other than the Commission or because of sex under title VII of the Civil is completely unacceptable and Con- the United States, a reasonable attorney’s Rights Act of 1964 (42 U.S.C. 2000e et seq.) gress is long overdue in extending fee (including expert fees) as part of the shall not be permitted to recover damages workplace protections to the LGBT costs, to the same extent as is permitted for such practice under both of— under title VII of the Civil Rights Act of 1964 community. Workers should be judged (1) this Act; and (42 U.S.C. 2000e et seq.), sections 302 and 304 on the quality of the job they do, not (2) section 1977A of the Revised Statutes of the Government Employee Rights Act of who they are. I applaud today’s vote (42 U.S.C. 1981a) and title VII of the Civil Rights Act of 1964. 1991 (42 U.S.C. 2000e–16b and 2000e–16c), the and hope that the House of Representa- (e) MOTIVATING FACTOR DECISIONS.—On a Congressional Accountability Act of 1995 (2 tives will quickly follow the Senate claim in which an individual proved a viola- U.S.C. 1301 et seq.), or chapter 5 of title 3, and work in a bipartisan way to send tion under section 4(h) and a respondent United States Code, whichever applies to the this legislation to the President for demonstrates that the respondent would prevailing party in that action or pro- signing.∑ have taken the same action in the absence of ceeding. The Commission and the United the impermissible motivating factor, the States shall be liable for the costs to the f court— same extent as a private person. DRUG QUALITY AND SECURITY (1) may grant declaratory relief, injunctive SEC. 13. POSTING NOTICES. ACT—MOTION TO PROCEED—Con- relief (except as provided in paragraph (2)), A covered entity who is required to post a tinued and attorney’s fees and costs demonstrated notice described in section 711 of the Civil to be directly attributable only to the pur- Rights Act of 1964 (42 U.S.C. 2000e–10) may be The PRESIDING OFFICER. The Sen- suit of a claim under section 4(h); and required to post an amended notice, includ- ator from Indiana.

VerDate Mar 15 2010 01:06 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\A07NO6.005 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE S7910 CONGRESSIONAL RECORD — SENATE November 7, 2013 VETERANS DAY veteran suicide. If you are in need of or tiative that is not only important to Mr. DONNELLY. Mr. President, on know of a servicemember or veteran my State of Arkansas but important to Veterans Day we come together to who has challenges and who is in need, our entire Nation, and that is manufac- honor the brave men and women who please know that seeking help is a sign turing. This country is an economic have given so much to defend our coun- of strength, not a sign of weakness, and powerhouse, and we are certainly a try and protect our freedoms. I think from that strength there is always help manufacturing powerhouse. There is an of so many veterans, including my dad, that is available. important initiative that is being put who served in the U.S. Navy. I want to I am also committed to addressing together here in the Senate called the take this opportunity to say thank you the backlog in benefits claims, one of Manufacturing Jobs for America cam- to our country’s veterans, and the the significant challenges facing the paign. I think so far we have maybe 21 nearly 500,000 veterans in the State of Veterans’ Administration. Wait times colleagues, maybe 22, or maybe even Indiana, for your service to the Nation. for benefits claims are at an unaccept- more who are in support of this effort. Veterans Day is also a chance to re- ably high level. I encourage others to look at it. affirm our country’s commitment to In the VA regional office in Indianap- We see a lot of manufactured crises caring for veterans and their families. olis, Hoosiers play a critical role in here in Washington. It may be the farm While it is important to say thank you processing claims to eliminate the bill or the government shutdown or the to veterans, it is even more important backlog. I thank them for their public near debt default. Those are all just to express our gratitude through action service, their hard work, and urge kind of manufactured by the Congress. for all generations of veterans. them to continue to do whatever they But I am glad to see we have 21 or 22 or There are several ongoing efforts in can to reduce that wait time so bene- 23 colleagues here who are ready to my office that I would like to share fits may be received more promptly. turn off the ‘‘my way or the highway’’ with everyone. I have been a proud sup- While I know the Secretary of Vet- politics and turn down the rhetoric and porter of the Veterans History Project erans Affairs, General Shinseki, is fully really focus on what our No. 1 priority through the Library of Congress, and it committed to solving this problem, should be, which is jobs and the econ- has done an outstanding job in leading more must be done. I stand ready to omy, because if we didn’t learn any- this effort. We have so much to learn work together with my colleagues to thing else from the shutdown and some from our veterans, and it is vital that provide the VA the tools it needs to ac- of those high-wire act politics of the we record their stories and experiences complish this goal, reduce the wait last few weeks, hopefully we learned for future generations. I urge veterans times, and take even better care of our that if we want to get anything done in of any conflict to contact our office if veterans. Washington, we need to work together. you would like to share your story. We In addition to ensuring care and ben- That is the bottom line. That is what stand ready to give Hoosiers informa- efits for our veterans, I believe eco- this package of bills and this initiative tion on this important project, and nomic opportunity is equally impor- are intending to do. If we really want please contact us at any time if you tant. When I ask servicemembers what to create jobs and if we really want to would like to participate. we can do for them, they always have Additionally, there are Hoosier vet- make a difference for the U.S. econ- the same answer: We just want to erans of Vietnam and other wars who omy, we have to reach across the aisle. make sure there is a good job to come There are many bright spots in the still have not received, or have lost home to and a good job that can help over the years, their honors or their Congress. Listen, we know we have take care of our families when we do. medals that they earned for heroism. been through the ringer. We know how A quality education and gainful em- Now is the time to resolve these cases. difficult this recession was. It was the I am so deeply honored this Veterans ployment give our veterans the chance hardest economic downturn in my life- Day to be handing to four Hoosier vet- to fulfill the American dream, and it time and most of our lifetimes, the erans—Mr. Michael Hodgson, Mr. Ca- helps fulfill our responsibility in sup- hardest economic downturn we have nard Terhune, Mr. Jim Horn, and Mr. porting our veterans. That is where all ever seen since we have been alive, but Julian Quarnstrom—the many medals of us come in. As one of Indiana’s U.S. we are coming out of it. and ribbons they were awarded for Senators, I am always looking for ways There are many bright spots in the their service and bravery but still have to improve the transition from mili- economy. Yes, we get good economic not received. tary to civilian life. Let’s make sure news pretty much every day, and we I also believe it is important to honor our trade schools and universities wel- also get some mixed economic news veterans from all conflicts, which is come our veterans with open arms. pretty much every day. So it is not why earlier this year I introduced a bill To our business owners, thank you happening as fast as we would like it that would authorize the construction for all of the veterans you have hired, to, and it is not happening in every sec- of a National Desert Storm and Desert and I urge you to hire even more. Vet- tor of the economy and in every sec- Shield Memorial at no cost to the gov- erans have many skills that can trans- tion of the country as we would like it ernment. The men and women who late to a variety of positions, they have to, but it is happening. fought in the first gulf war, especially a strong commitment to quality and One of those bright spots is manufac- those who gave the ultimate sacrifice, service, and you can always rely on our turing. Last year manufacturing con- deserve to have their service memorial- veterans. tributed $1.87 trillion to our economy— ized. Hoosiers in every community, please $1.87 trillion in manufacturing. That is Now we have a new generation of vet- welcome back our brave men and how much of a difference it made in erans. They have returned home from women—whether it is in your neighbor- our economy. There are 17.2 million Iraq and Afghanistan, and many of hood, whether it is at the local res- U.S. jobs; that is, jobs in this country, them are still coping with readjusting taurant, whether it is at your child’s and 1 in 6 private sector jobs is tied to to civilian life. They have experienced school, or whether it is at church on manufacturing. It also provides a very health challenges, including traumatic Sunday. strong return on the investment we brain injuries and post-traumatic On Veterans Day, and every day, let make. So if we invest $1 in manufac- stress disorder. These incredible chal- us honor America’s veterans by cher- turing, it adds $1.48 back into the econ- lenges have resulted from their service ishing the freedoms they have de- omy. and their dedication to our country. fended. Our country is grateful for all America is a powerhouse when it Our veterans have earned the best care you have done for all of us. You have comes to manufacturing, and we need we can provide, and this includes ac- given us our safety, our freedom, and to keep it that way. Everybody cess to timely and quality medical our liberty. Thank you. knows—look at all the studies—the care. It is both our challenge and our I yield the floor. United States is the world’s largest priority to ensure a smooth transition The PRESIDING OFFICER. The Sen- manufacturing economy. In fact, if we and to effectively treat any health con- ator from Arkansas. just took manufacturing and put ev- ditions linked to their service efforts. MANUFACTURING JOBS erything else on the side, the United In particular, I am dedicated to ad- Mr. PRYOR. Mr. President, I rise States would still be the 10th largest dressing the problem of military and today to talk about an important ini- economy in the world just based on our

VerDate Mar 15 2010 01:06 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.030 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE November 7, 2013 CONGRESSIONAL RECORD — SENATE S7911 manufacturing. We are a powerhouse, ideas on how we accomplish them, but crease access for recreational hunting but we can do more, we can do much I think we can all agree on those goals. and fishing, that support land and spe- more, and we should. If we work together, we really can cies conservation, and that protect our We need to fight hard to make sure make a great difference for our Nation. hunting and fishing rights. Most im- that ‘‘Made in America’’ remains the One of the reasons why coming out of portantly, they take ideas from both gold standard. We want it to be the this sluggish economy has been a little sides of the political aisle, ideas with thing everybody wants to see in every more slow than we would have liked is support from all corners of the con- market. ‘‘Made in America’’ means because we don’t have as many manu- servation and outdoors community. something. It also means something facturing jobs as we used to. Although When I was the chairman of the Con- here because the investment is here, the number is on the rebound and it is gressional Sportsmen’s Caucus, sports the workers are here, and the produc- growing, we all know we have lost a lot men and women would constantly tell tivity is here. It is good for GDP, et of manufacturing jobs in the last cou- me about the importance of access to cetera. We want to make sure manufac- ple of decades. But we are back. It is our public lands. Right now there are turing remains what it has always because of energy. It is because of the 34 million acres of public land that been. That is why today I offer my pub- trained workforce. It is because of our sports men and women cannot access. lic support for this Manufacturing Jobs efficiencies, et cetera. We are back. We That is why this bill requires that 1.5 for America campaign, and it is why I need to push this advantage and keep percent of the annual funding from the have supported a lot of provisions in it growing. Our country has the work- Land and Water Conservation Fund be the past. Most of them have been bipar- force, we have the infrastructure, and set aside to increase public land access, tisan efforts where we have reached we have the manufacturing base and ensuring sports men and women access across the aisle to try to work with my the work ethic here; we just need to to some of the best places to hunt and Republican colleagues on all kinds of give our businesses that little extra fish in the country. issues, including the America COM- boost to manufacture jobs for America. Senator HAGAN’s bill will reauthorize PETES Act and the America COM- With that, I yield the floor and sug- gest the absence of a quorum. the North American Wetlands Con- PETES reauthorization efforts. I am servation Act. This voluntary initia- totally for them. I think they are good The PRESIDING OFFICER. The clerk will call the roll. tive provides matching grants to land- initiatives. owners who set aside critical habitat One of them we have talked about is The legislative clerk proceeded to for migratory birds, such as ducks. the national strategic plan for ad- call the roll. The PRESIDING OFFICER. The Sen- Over the past 20 years volunteers vanced manufacturing. Advanced man- ator from Montana. across America have completed more ufacturing is a little different from tra- Mr. TESTER. Mr. President, I ask than 2,000 conservation projects and ditional manufacturing. We need to unanimous consent that the order for protected more than 26 million acres of make sure that we are strategic and fo- the quorum call be rescinded. habitat under this successful initiative. cused and that we know what we are The PRESIDING OFFICER. Without The North American Wetlands Con- talking about, as with angel investors. objection, it is so ordered. servation Act is a smart investment in A lot of times people think investment SPORTSMEN’S ACT both our lands and our wildlife, and it just happens. A lot of times it does, but Mr. TESTER. Mr. President, I rise needs to be reauthorized. sometimes, if we can give that little today in support of protecting our Na- Senator HAGAN’s bill and mine are nudge to angel investors, they can in- tion’s outdoor traditions, including vest and make a huge difference in not identical, but most of the provi- opening access to our public lands, pre- sions are the same, and the bill is a those companies and they can touch serving some of the greatest places to millions of people’s lives. We have seen product of the same spirit of coopera- hunt and fish and recreate, and encour- tion that drove my bill. that in our State of Arkansas, and that aging economic development and job resulted in some real success stories. Now, just as happened last year, creation in our great outdoors. some folks around Washington will ask Then, if we can bring it back down to Last fall I called upon Congress to why this legislation is important. After a really small scale, one of the initia- pass my bipartisan Sportsmen’s Act. all, we need to be working together to tives I have supported over the years is As the chairman of the Congressional create jobs and put this country on the small business startup savings ac- Sportsmen’s Caucus, I made it my goal solid financial footing. But outdoor count. People can take a certain to do something significant, something amount of money from a paycheck, put historic for this country’s hunters and recreation is a job creator and an eco- it in a savings account tax-free—kind anglers. We came very close to passing nomic driver throughout this country, of like an IRA or a fund like that—put my bill twice, but politics got in the and Montana is no exception. In my it in that savings account and use it to way both times. A commonsense and State, one in three Montanans hunts start a business or somehow grow the widely supported measure failed to get big game and more than 50 percent business. They never get taxed on it. across the finish line because some fish. Nationwide, outdoor recreation They can cash it in at some point and folks around here put self-interests be- contributed nearly $650 billion in direct use it to start a business. That is good fore the interests of their constituents. spending to the economy in 2012. Hunt- for savings, it is good for the economy, I am optimistic that this time will be ing and fishing is not just recreation; it and it is good to get these small busi- different and that we can work to- is a critical part of our economy. In nesses started. Everybody knows as gether to get this bill across the finish Montana, hunting and fishing brings in well as I do that when someone walks line. more than $1 billion a year to our econ- into a lender, a bank, and they have, Senator HAGAN is leading the charge omy—nearly as much as our State’s say, $10,000, $20,000, or $30,000 saved, on behalf of our sports men and cattle industry. that gives them a big advantage when women, and I know she is ready to Strengthening our economy, creating they need a loan for the rest of the work with all of our colleagues to find jobs, preserving our outdoor traditions money. So that is a win-win across the a path forward. My friend from North and our treasured places—these all board. Carolina is the new chairman of the sound like no-doubt-about-it ideas, but Again, I support working on this sportsmen’s caucus. Hailing from a last year the Sportsman’s Act ran into commonsense package of bills that State with a rich hunting tradition, trouble right here in this Senate. Oppo- really accomplishes four goals: First, she knows the importance of pro- sition to my bill didn’t come from con- strengthening our manufacturing sec- tecting America’s outdoor heritage. cerns about measures in the bill itself; tor; second, leveling the playing field Representing a State that stretches instead, it was blocked by Members of for American companies; third, helping from the Atlantic Ocean to the Appa- Congress taking out frustrations with startups get access to capital; and lachian Mountains, she knows it is how other votes went that day. My bill fourth, enhancing innovation, competi- critical to preserve our wide range of was simply caught in the crossfire. tiveness, and trade opportunities for treasured lands. Sports men and women across the businesses here at home. Various Sen- Senator HAGAN’s legislation com- country who have been waiting for a ators in the Chamber have different bines more than 15 bills that will in- bill such as this for a generation

VerDate Mar 15 2010 00:33 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.031 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE S7912 CONGRESSIONAL RECORD — SENATE November 7, 2013 watched in disbelief as my bill fell vic- high school graduates go to for-profit The Apollo Group’s profit last year tim to politics. They won’t stand for it colleges—12. was more than $400 million. In an era again. For-profit colleges and universities of spending cuts and austerity, what This is a bill with widespread support receive 25 percent of all the Federal aid are Federal taxpayers doing sending so that preserves our outdoor economy to higher education, 12 percent of the much money to a private sector com- and secures our outdoor heritage for students—25 percent of the Federal aid pany that is so profitable, particularly our kids and our grandkids. There is to higher education: student loans, Pell in a sector of the education economy nothing controversial about it. Grants. that accounts for 47 percent of student Thanks to the leadership of Senator The third number is the most impor- loan defaults? HAGAN, my colleagues have another tant. Forty-seven. So 47 percent of the Last year a young woman who re- chance to get it right. When Senator student loan defaults in America are ceived a BA in Fine Arts from the HAGAN’s sportsmen’s bill comes to the students from for-profit schools. They International Academy of Design and floor, whether here or in committee, I are a small segment of the population, Technology in Chicago contacted our urge my colleagues to support it. Ap- 12 percent; 25 percent of the Federal aid office. She finished the undergraduate prove it as a vote for bipartisanship. to higher education and 47 percent of program, and she found that no grad- Approve it as a vote for common sense the defaults. They have cooked quite a uate programs outside of that school over political victory. Approve it as a deal with Congress and with our Fed- would even consider her transcript. vote for America’s 90 million sports eral Government. They did not recognize a degree from men and women. Approve it as a vote Since 1992 we have said to these the so-called International Academy of to create jobs. schools—the law has said: You have to Design and Technology, a for-profit With that, Mr. President, I yield the derive a portion of your revenues not school. floor and suggest the absence of a from the Federal Government. It is not So 4 years later, with a worthless di- quorum. a portion from the Federal Govern- ploma, she was $58,000 in debt and had The PRESIDING OFFICER. The ment, but a portion not from the Fed- no real future in her chosen field. Fed- clerk will call the roll. eral Government. This was meant to eral taxpayers gave the International The legislative clerk proceeded to keep for-profit schools in a situation Academy of Design and Technology, 89 call the roll. where they would not rely completely percent of its revenue. Mr. DURBIN. Madam President, I ask on Federal dollars to survive. It is a flowthrough. The students unanimous consent that the order for Originally, these schools had to come apply. They then apply for Pell grants the quorum call be rescinded. up with—listen to this—15 percent of if their income is low enough, student The PRESIDING OFFICER (Ms. WAR- their revenue from non-Federal loans. The money flows through the REN). Without objection, it is so or- sources—15 percent. In 1998, it was re- student into the for-profit school. The dered. duced to 10 percent. What it means is student ends up with the debt and the POST ACT when the school signs up a student, for-profit school ends up with the Mr. DURBIN. Madam President, yes- they only have to come up with 10 per- money. In this case, the student ends terday Senator HARKIN of Iowa, the cent of the actual cost, in most cir- up with a worthless diploma and $58,000 Chairman of the Senate HELP Com- cumstances, from sources outside of in debt when it is all over. Ashford University—I could go on for mittee, joined me in reintroducing a the Federal Government. a while about Ashford in Iowa—is cur- bill called Protecting Our Students and These schools are channeling Federal rently being investigated by the Cali- Taxpayers or the POST Act. I am dollars by the millions through these fornia attorney general for its recruit- pleased that supporting our efforts are students into their own coffers. Nine ment practices. It receives 87 percent the Education Trust, U.S. PIRG, the out of every $10 that these schools take of its revenue from the Federal Govern- National Association of College Admis- in can come from the U.S. Treasury ment. sions Counseling, the Military Officers and taxpayers. Much of the for-profit For such dependence on Federal tax- Association of America, and the Young college industry takes in most of its payers for their operation, one would Invincibles. money directly from the Federal Gov- think these schools must be generating Since 1992, Congress has required for- ernment. a great return on investment. We have profit schools to derive a portion of In fiscal year 2012, we sent $32 billion a deficit. Why should we be sending so their revenue from non-Federal to for-profit schools. We spent more on much money to these for-profit sources. Most people would be sur- for-profit schools then we did on the schools? Some of these schools are prised to learn how these for-profit National Institutes of Health, NASA, good, make no mistake, but many are schools are really totally upside down. the Coast Guard, Customs and Border not, and the taxpayers pay either way. Many depend almost exclusively on Patrol, the EPA, or the FBI. We spend For-profit colleges spend less on stu- Federal money. They are private more on for-profits than we do keeping dent instruction than traditional schools, very profitable, and yet often planes in the sky, protecting our bor- schools, $3,500, roughly, for students at most of their money comes from the ders, tracking down criminals, respond- the for-profit schools, over $7,000 at Federal Government. ing to disasters, researching cures for public institutions, and $15,000 per stu- If you took this segment of our econ- cancer, protecting the Nation’s food dent at private not-for-profit schools. omy, for-profit schools, and made it a supply, making sure our air and water The students leave school with more Federal agency, it would be the ninth are safe, or exploring the outer reaches debt if they go to for-profit schools. largest Federal agency. That is how of the universe. They average at least $6,000 more debt much money we put into for-profit In 2009 and 2010, for-profits took in 25 than the typical student. schools. Who are these schools? Well, percent of the Department of Edu- For-profit students, as I said, are young people, particularly high school cation Title IV funds, enrolling only 12 more likely to default. Almost half of age or college age, they know them by percent of the students. They have the student loan defaults come from name. They are the ones that come quite an arrangement going on here. students from these schools. bombarding you on the Internet with The largest is University of Phoenix, How are the CEOs at the top for-prof- solicitations to please come join our the Apollo Group. You have heard it schools doing? They made an average for-profit school. You cannot get on a about the University of Phoenix; you in 2009, the last reported date, of $7.3 CTA bus in Chicago, or on the subway cannot escape them. They advertise all million a year. Think about that, 80 or in New York without being inundated the time. 90 percent of the money is coming from with all of these schools trying to sign In 2011, the Apollo Group, which owns the Federal taxpayers, encumbering up young people. the University of Phoenix, counted 86 the students with debt, and CEOs of the There are three numbers which ev- percent of its revenue from Federal company are walking away with an av- eryone should understand when they sources, Title IV funds, more than $5 erage of over $7 million a year in in- take a look at the for-profit school in- billion to this one for-profit school. As come. dustry. These three numbers tell you long as they are educating students, The bill I have introduced with Sen- what you need to know: 12 percent of why should we be concerned? ator HARKIN would change this. I want

VerDate Mar 15 2010 00:33 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.032 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE November 7, 2013 CONGRESSIONAL RECORD — SENATE S7913 to do more, but the first step is return- take a close look at this school. It is ly this Congress can come to a bipar- ing to the 85–15 ratio, saying that for- not part of the military. They sound tisan agreement on how to cure this. profit schools cannot take more than like it, but they aren’t. It is a for-prof- I wish to thank Senator HARKIN for 85 percent of their revenues from the it school, and very profitable. There is his partnership on this bill. There is Federal Government and taxpayers. It no telling how many servicemembers more to come. This student loan crisis would also hold these schools account- have been lured into these schools. is a growing one, and it affects some of able for breaking the threshold after 1 There is James Long, who suffered a the hardest working families in Amer- year of noncompliance, rather than the brain injury when an artillery shell hit ica. They were sure they were doing lenient 3 consecutive years, which is his humvee in Iraq. He used military the right things for their kids. Now currently the law. benefits to enroll in Ashford Univer- they find themselves hopelessly in That is only part of the story. The sity, one of the more notorious, after debt, many times with worthless for- Federal subsidy of these schools, these he had been heavily recruited by that profit school diplomas. money-making machines, goes even school. He told Bloomberg News he We can do better and we should do farther. The dirty little secret of the knows he is enrolled in Ashford, but he better to give these young people and current Federal 90/10 rule is that it can’t remember the courses. Remem- their families a chance. doesn’t count GI bill benefits or the ber, he suffered a head injury in Iraq. I yield the floor, and I suggest the ab- Department of Defense Voluntary Edu- Christopher Ford told the LA Times sence of a quorum. cation Program. Hundreds of millions he used his GI bill benefits at a for- The PRESIDING OFFICER. The of dollars per year would flow to these profit school to take an online engi- clerk will call the roll. schools from these programs and they neering course, only to find out no The assistant legislative clerk pro- are exempt from the 90 percent-10 per- company would accept his training and ceeded to call the roll. cent requirement. he had used his benefits in pursuing The PRESIDING OFFICER. The Sen- Does anybody dispute the Depart- this degree. Of his for-profit education, ator from Nebraska. ment of Defense is part of the Federal he said: Mrs. FISCHER. I ask unanimous con- Government—of course it is. Whether It was heavily marketed, so I took it. It sent that the order for the quorum call it be planes, bombs, or servicemem- sounded pretty good, but it turned out to be be rescinded. bers’ education it’s paid for by U.S. pretty predatory. The PRESIDING OFFICER. Without taxpayers. Nobody questions that. Our bill, Senator HARKIN’s bill and objection, it is so ordered. When we limit how much of these my own, would protect servicemembers VETERANS DAY schools’ revenues can come from the and their families from being preyed on Mrs. FISCHER. I rise today on behalf Federal Government, why should we ig- by ending this loophole and counting of all Nebraskans to say thank you to nore the money coming through the these military and veterans’ benefits in our Nation’s veterans. Our Nation has Department of Defense? It is Federal the new 85-percent limit. This com- long been blessed with men and women money, Federal taxpayer money. monsense bill is a modest step forward with integrity who step forward and According to the 2009 HELP Com- trying to reclaim some dignity when it answer the call to serve. Throughout mittee report on for-profit schools, if comes to Federal aid in education. times of war and times of peace, our all forms of Federal funds were count- We have opened up this amazing country has maintained a military ed, the top 15 publicly traded for-profit loophole, and 25 percent of all the Fed- that has been the envy of the world. companies received, on average, 86 per- eral money for higher education is Each year Veterans Day is a time to cent of all their revenue from Federal going into these schools, many of thank and to honor the generations of sources. The loophole makes service- which are just plain worthless. If the patriots who have risked life and limb members and veterans prime targets of students were just wasting time, that to protect our Nation and defend the for-profit schools. They are all over would be bad enough, but they are cause of freedom. These heroes leave these servicemembers and veterans to wasting opportunities for education their homes—their comfortable lives sign them up because they bring in and they are digging debt holes they with loved ones—for months and years more federal dollars. It has led to well- can never get out of. at a time to fight wars in foreign lands. documented horror stories about ag- I received an email this week from a From the windy beaches of Normandy, gressive predatory recruiting practices. family in Illinois, a mom. She was so to the snowy mountains of Korea, and I have been on this floor telling these proud that her son had graduated from the blistering deserts in the Middle stories many times. I do think they school. It was not a for-profit school, East, our veterans have served fear- bear repeating. I have told the story of but he graduated, and she was pretty lessly around the globe. Meanwhile, two former military recruiters at a for- proud of him. She told me he had a others, including members of the Na- profit college in Illinois. They con- problem. He had incurred $130,000 in tional Guard, have been stationed tacted my office to tell me what hap- student loan debt. She found out that throughout the United States serving pened. They were told their job was he had signed up for a lot of debt that dutifully to protect the homeland. above all to put ‘‘butts in classes’’— couldn’t be consolidated, couldn’t be As a member of the Armed Services that they should dig deep into the per- refinanced, and she was begging me to Committee, I have the unique privilege sonal lives of their recruits to find do something to help her. There was of interacting directly with our serv- their ‘‘pain point.’’ one line in that email I will never for- icemembers. I have had the oppor- If a prospective student was out of get. She said: Senator, we just can’t af- tunity to meet soldiers, including work, recruiters were encouraged to ford to pay more than $1,000 a month many Nebraskans, working to protect say things such as: ‘‘How do you think for his student loans. the hard-fought gains in Afghanistan, your wife is about being married to She is speaking of $1,000 a month on and I have visited with troops sta- somebody unemployed?’’ a student loan. That is not unusual. tioned in Germany, Italy, and other al- Entrance requirements at these Too many of these young people and lied nations. This past July I had the schools are very low, maybe non- their families get sucked into these opportunity of a lifetime, celebrating existent. It didn’t matter how long a student loans, many of these worthless Independence Day with our troops in student stayed as long as he came in, for-profit schools. We have cases that Afghanistan. I expressed my gratitude signed up, got the Federal loan that have been reported of grandmothers for their work, and I assured them of went to the school, and then he was who have had their Social Security my support in the Senate for that stuck with the debt. There is no telling checks garnished because they signed work. how many servicemembers have been on to guarantee their granddaughter’s While I am committed to ensuring lured by these practices and then student loans. God bless grandma for our Active-Duty servicemembers have ripped off. wanting to help her granddaughter, but the training and the tools they need to One of these schools has the name then her granddaughter can’t get a job, fulfill their missions, I am equally the American Military University. A can’t make a loan payment, and they committed to keeping the faith with nephew of mine is serving in the U.S. go after the grandmother’s Social Se- our Nation’s veterans. Each time I Army. I sent him an email, and I said curity check. That is outrageous. Sure- speak with one of Nebraska’s many

VerDate Mar 15 2010 00:33 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.043 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE S7914 CONGRESSIONAL RECORD — SENATE November 7, 2013 wonderful veterans, I am reminded of great track record in securing the School in 1987, again graduating with the honor and the valor that decorates needed assistance. honors. all of our men and women who have This year’s NDAA also urges the Sec- In addition to her academic career, served. Each one has a unique and a retary of Defense to expedite efforts to Ms. Pillard served in government. very memorable story to tell. integrate electronic health records be- From 1998 to 2000, she was the Deputy Recently, I was humbled to take part tween DOD and the VA. Assistant Attorney General for the in the inspiring journey of more than When it is fully implemented, this Justice Department’s Office of Legal 130 Nebraska Korean war veterans to should greatly shorten the time it Counsel. Prior to that she served as an Washington, DC, through the Honor takes for these servicemembers to have assistant to the Solicitor General, a Flight Program. It was a privilege to their information transferred to the position held by some of our country’s help welcome them at the Korean War VA and start receiving the benefits most talented lawyers. Memorial on the National Mall. All of they are due. It should be no surprise Ms. Pillard is our veterans deserve our appreciation, We can never fully repay our men one of the most accomplished Supreme but it was especially important for me and women in uniform for the con- Court advocates in the Nation. She has to acknowledge the heroic efforts of tributions they have made to our coun- argued nine cases before our Nation’s those men and women who fought in try, for their noble acts of service, but highest Court and has briefed 25 cases. what is referred to as America’s forgot- we can continue to do our best to honor Outside the courtroom, she has spent ten war. We are forever grateful to their legacy. The peace we enjoy was her time teaching and mentoring each and every American who has hard earned. We owe our way of life to young lawyers, serving as the faculty served, and we salute those who have their service and their sacrifice. We director for Georgetown Law School’s paid the highest price. will never forget and we are forever Supreme Court Institute. Another way to honor our fallen and grateful. When the current Supreme Court missing servicemembers is by showing I yield the floor. Justice Alito was nominated by Presi- our gratitude to those who are still The PRESIDING OFFICER. The Sen- dent Bush to fill an open seat on the with us today. As President Lincoln ator from Minnesota. Supreme Court, Ms. Pillard also do- stated, it is our great charge ‘‘to care DC CIRCUIT NOMINATIONS nated her time to the committee to for him who shall have borne the battle Ms. KLOBUCHAR. Madam President, help review his writings and make a and for his widow, and his orphan.’’ I come to the floor because there are recommendation on his qualifications. As a Senator, I am dedicated to pro- three extremely talented, well-quali- Why? She was the chair of the Amer- moting policies that assist America’s fied women nominees who are ready to ican Bar Association’s Reading Com- veterans when they return home and to get to work on the U.S. Court of Ap- mittee at Georgetown Law Center, help ease the transition back into a peals for the DC Circuit. It is time they which found Justice Alito ‘‘well quali- normal life. Many need care for their are confirmed. fied’’ to sit on the Supreme Court. physical injuries as well as their emo- I will be joined this afternoon by sev- People across the aisle think Ms. tional scars. eral of our colleagues: Senators Pillard is well qualified too. The head Despite possessing valuable skills, HIRONO, CANTWELL, KAINE, and of the Justice Department’s Office of veterans also have difficulty finding BLUMENTHAL, because we all know it is Legal Policy under President Bush said employment after their return. We time for the Senate to stop the need- that Ms. Pillard is ‘‘a patient and unbi- need to encourage businesses and orga- less blocking of these women. Enough ased listener . . . a lawyer of great nizations to utilize the talents of our is enough. judgment and unquestioned integrity.’’ Nation’s veterans and to help them I thank Chairman LEAHY for his per- The deans of 25 law schools, including find employment in our local commu- sistence and the fact that we are not the University of New Hampshire, the nities. It is not only the values but also giving up on these three qualified University of Arizona, and the Univer- the training and the discipline of our women for the bench. sity of Maine, wrote that Ms. Pillard military personnel that make Amer- Our courts need judges in order for ‘‘has shown an appreciation of nuance ica’s fighting force second to none. the third branch of our government to and respect for opposing viewpoints, I am pleased to report to Nebraskans function. The Senate should not be grounded in a profound commitment to that this year’s National Defense Au- shutting down another branch of gov- fair process and fidelity to the law.’’ thorization Act, the NDAA, furthers ernment. Some of my colleagues in the Twenty-five more former Federal the goal of helping servicemembers Senate will not even allow an up-or- prosecutors and law enforcement offi- better translate the skills they gain in down vote on these nominees. I don’t cials said Ms. Pillard ‘‘is unquestion- the military to a civilian job. Specifi- know if they have even met these ably eminently qualified, and is a sen- cally, it helps ensure that servicemem- nominees, but if they had met them, I sible and fair-minded lawyer.’’ The bers understand how their military don’t know how they could come to nonpartisan American Bar Associa- skills effectively transfer to meet li- this floor and not allow an up-or-down tion’s—this is no surprise—committee cense or certification requirements for vote. that reviews every Federal judicial civilian careers. President George W. Bush’s can- nominee unanimously gave Ms. Pillard It also requires the DOD to make didates to the DC Circuit were con- its highest possible rating. available as much information as pos- firmed so the DC Circuit could keep Fairminded, unquestionably quali- sible on the content of military train- running, and our current President’s fied, unquestioned integrity—these are ing to the civilian credentialing agen- nominees should be considered in the the qualities the Senate should be cies. Employers need to appreciate the same manner. You can’t have justice looking for in a person we entrust to vast array of skills and knowledge our with an empty courtroom. It is time to decide cases in our Federal courts. veterans acquire during their Active- stop making excuses. It is time to put Next week the Senate should give Ms. Duty service. My staff and I also stand judges in their courtrooms, and it is Pillard an up-or-down vote. ready to assist these men and women time to get these women on the bench. My hope for progress next week is in in navigating Federal agencies to get One of the very well-qualified nomi- contrast to the reality we saw just 1 the assistance they may need. nees is Nina Pillard. Nina Pillard is a week ago when the Senate voted to Many of our States’ veterans have talented lawyer and professor. She is block another eminently qualified contacted my office with a range of im- the kind of sensible, well-respected per- woman to an up-or-down vote. As I portant needs that are not being met, son whom we need to fill one of those stated last week on the floor, Patty promises that have yet to be kept. empty seats in that courtroom. Actu- Millett would also be an excellent per- These requests range from acquiring ally, it is Professor Pillard because she son to fill one of the vacancies on the important service treatment records, has been a law professor at the George- DC court. to securing benefits for veterans’ town University Law Center for the My colleagues have discussed the spouses, and navigating the bureau- last 15 years. She graduated magna qualifications of Ms. Millett at length. cratic maze that plagues the Depart- cum laude from Yale College in 1983 She is a talented lawyer with extensive ment of Veterans Affairs. We have a and earned her J.D. from Harvard Law appellate experience—32 cases in front

VerDate Mar 15 2010 00:33 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.044 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE November 7, 2013 CONGRESSIONAL RECORD — SENATE S7915 of the Supreme Court. I do not under- outstanding nominee to the Federal Along with Patty Millett and Nina stand how anyone in good faith could bench. Ms. Pillard is currently a law Pillard, President Obama has nomi- vote to block an up-or-down vote of professor at Georgetown University nated Judge Robert Wilkins to fill someone who has argued 32 cases in Law Center and is one of the leading these important vacancies. Unfortu- front of the U.S. Supreme Court, who appellate attorneys in this country. nately, so far, we have seen nothing has served as an Assistant Solicitor Professor Pillard has extensive litiga- but more obstruction of these ex- General, and who spent 15 years as an tion experience at all levels. She has tremely well-qualified nominees. This attorney on the appellate staff of the argued nine cases before the Supreme is an opportunity to put exceptionally U.S. Department of Justice Civil Divi- Court and has briefed dozens more, in- talented lawyers on a significant court sion under both Democratic and Repub- cluding the historic United States v. that has vacancies needing to be filled. lican administrations. Virginia case that opened the Virginia I am disappointed our colleagues re- With all this experience, Ms. Millett Military Institute to women and the cently blocked a vote to confirm Patty is also one of the most experienced Su- Nevada Department of Human Re- Millett, not only a great lawyer but a preme Court advocates in the Nation. sources v. Hibbs case that sustained military spouse who managed a suc- Just as Ms. Pillard did, Ms. Millett also the Family and Medical Leave Act cessful career and the care of her chil- received the highest possible rating against constitutional challenge and dren while her husband was deployed from the nonpartisan American Bar ensured a primary caregiver could take overseas. When we talk about sup- Association committee that reviews leave in the case of a family illness re- porting our troops, it means supporting every Federal judicial nominee. She gardless of gender and in this case the their very well-qualified spouses, such has done all of this, as we have all family caregiver was a male. as Patty Millett. learned, while raising a family, with a Professor Pillard has also had an im- I was dismayed and saddened when spouse serving in the military over- pressive 15-year tenure teaching con- obstruction caused Caitlin Halligan to seas. She has been raising two children stitutional law at Georgetown. The give up on her nomination after 2 while her husband was serving our fact that is my alma mater has nothing years. country overseas and while donating to do with my support of her. It would be disgraceful to continue her time to help kids learn how to read In addition, she serves as codirector this obstruction of these qualified and and volunteering for the homeless. of the Georgetown Supreme Court In- impressive women. I urge Senators to How can anyone not allow a vote on stitute, where she prepares lawyers for reconsider and support these nomina- this nominee? This is another woman oral argument before the U.S. Supreme tions. of unquestioned ability. Instead of con- Court on a pro bono basis, without re- I yield the floor. firming Ms. Millett last week, sadly, gard to which side of the case they rep- The PRESIDING OFFICER. The Sen- she was filibustered—another woman resent. In fact, under her leadership, ator from Minnesota. filibustered, stopped in her tracks. the Supreme Court Institute prepared Ms. KLOBUCHAR. Madam President, I see some of my colleagues have got- lawyers on one or both sides of every we have also been joined by Senator ten to the floor, and so before I talk case heard by the Justices in the 2012 KAINE of Virginia, who knows a little about Caitlin Halligan I will give them term. bit about one of these nominees and is an opportunity to speak. But Caitlin Professor Pillard has also twice also a strong advocate for more women Halligan is yet another woman stopped served as a top attorney at the U.S. De- in the legal profession. That is one of in her tracks. This has to end. We have partment of Justice, and in those roles the cases we are making; that this is been making so much progress for she advised and defended U.S. Govern- about the DC Circuit, this is about the women in the judicial system and for ment agencies and officials on criminal repeated gridlock we are seeing in women in the Senate. We are now 20 of law enforcement and national security Washington that the people of this 100 Senators. No one filibustered us. We matters—invaluable experience for a country have said they have had got an up-or-down vote when we came judge on the DC Circuit, where such enough of, but it is also about the fact before the American people, win or issues are routinely considered. our colleagues on the other side of the lose. That is how it should work for I have been deeply impressed with aisle have now blocked not one, not judges. They should get an up-or-down her experience and record and have two but three incredibly qualified vote—and that is what these women found her to be exceptionally qualified women. deserve. So we are starting small on a Thurs- With that, I will yield the floor for for this important position in the DC Circuit. day afternoon—and maybe there are Senator HIRONO from the State of Ha- In addition to her extensive quali- waii, who is also a member of the Judi- not a lot of people in the gallery—but ciary Committee. fications, Professor Pillard also has this is just the beginning. We are not The PRESIDING OFFICER. The Sen- demonstrated a commitment to fair going to let this go. ator from Hawaii. and impartial process throughout her The PRESIDING OFFICER. The Sen- Ms. HIRONO. Madam President, I career. As mentioned by my colleague, ator from Virginia. thank my colleague from Minnesota. I for example, when Professor Pillard Mr. KAINE. Madam President, I rise to speak in support of the nomina- chaired the ABA Reading Committee thank my colleagues, the Senators tion of Cornelia ‘‘Nina’’ Pillard to be a that reviewed Samuel Alito during his from Minnesota and Hawaii, for joining circuit judge for the U.S. Court of Ap- nomination process, her assessment of me on the floor. This is a matter I feel peals for the District of Columbia Cir- his legal record led the ABA to apply very strongly about, and I do wish to cuit. their highest rating of ‘‘well-quali- offer a few words to basically just raise Less than 2 weeks ago, my colleagues fied.’’ She deserves to be held to the the question of whether there is a dou- on the other side of the table blocked same rigorous, fair standard. ble standard for appointment of women another nominee to the DC Circuit— However, following Patty Millett and to this particular court, the DC Cir- Patty Millett. Earlier this year, they Caitlin Halligan, Nina Pillard is the cuit. also blocked Caitlin Halligan—yet an- third woman in a row to be nominated Before I tackle that question, I will other woman who had been nominated to the DC Circuit only to face obstruc- say one thing knowing that I am to the DC Circuit. Unfortunately, Ms. tion from my colleagues on the other speaking to a law professor. I am con- Halligan withdrew her nomination side of the aisle. cerned more broadly about what I con- after 2 years of obstruction. The DC Circuit is one of the most im- sider sort of a pattern of nullification. Only five women have served as portant courts in our Nation, weighing If there is a law we don’t like and we judges on the DC Circuit in its entire key constitutional issues and other can’t get it overturned, there seems to 120-year history. The DC Circuit is one matters of Federal law and regulation. be efforts to defund it or even shut of the most important circuits in our Three of the eleven seats on this court down government—or, in this case, Nation, and it is shameful that female stand vacant. Given the complexity what I would call the decapitation perspectives are so underrepresented. and far-ranging impact of the cases the strategy: If you don’t like the National Now the Senate will consider the court hears, it is critical we fill vacan- Labor Relations Board, just don’t ap- nomination of Nina Pillard, a truly cies without delay. point people to run the business or the

VerDate Mar 15 2010 01:06 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.045 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE S7916 CONGRESSIONAL RECORD — SENATE November 7, 2013 Bureau of Alcohol, Tobacco, and Fire- Why are you raising that here when women. During the Presidency of arms or, in this case, the DC Circuit. you weren’t raising it on other courts, President Obama, there has also been The DC Circuit has an allotted num- and they said it is because the DC Cir- the nomination of two women to be on ber of judicial positions. This isn’t cuit is the second highest court in the the U.S. Supreme Court. These were something the President chooses. Con- land. It is a more important court. The debates we followed. These two gress sets it on the advice of the judi- phrase used by someone to me: It has women—Justices Sotomayor and cial conference. The judicial conference more juice. Members on the DC Circuit Kagan, enormously qualified, with bi- has not suggested the number should might be on the Supreme Court. So partisan support from bar associations be shrunk. There are 11 judges and 3 workload isn’t the issue on the other and others. Justice Sotomayor, when are currently vacant. The strategy of courts. It is just an issue of this court her vote was finally held here, more blocking appointments is sort of a nul- apparently because the court is so im- than 75 percent of the Senators in the lification of law, which I think is trou- portant. minority party voted against her con- bling. But let me get to the question of Let’s now drill down on what has firmation on the Supreme Court. Elena what I consider to be a double standard happened just this year. The Presiding Kagan, when she was up for nomina- that is blocking some wonderful can- Officer and I are freshmen. We came in tion, 88 percent of the members of the didates from going onto this court. on January 3, 2013. We came in with the minority party voted against her con- My legal practice for 17 years was in pending nomination of Caitlin Halligan firmation to be on the Supreme Court. the civil rights area. In the civil rights for the court—supremely qualified, bi- We could look at courts that aren’t area, there is a legal notion called the partisan support in the legal profession the two highest in the land and see pretext. When something bad hap- for her. She was filibustered, and one of there have been more appointments of pens—you don’t get an apartment, you the principle asserted reasons was women judges—and that is a good don’t get a job, you don’t get your there is not enough workload on the thing and I hope there are more still. bank loan or your homeowners insur- court. So she couldn’t even get an up- But when you get to the DC Circuit and ance policy—and if a reason is asserted or-down vote. the Supreme Court, it seems there is a for that, but the reason just falls apart, Within 2 months we had another double standard. It seems this phantom it is completely illogical, it is not nominee—a superbly qualified nominee workload issue gets raised when it borne by the facts, that is called a pre- whom I introduced before the Judiciary suits one side and then immediately text. I worry in this instance there are Committee, Sri Srinivasan, and we ap- dropped a couple months later, only to a couple of pretexts going on because proved him in the Senate 97 to 0. He is be raised again to block women can- the instances that have been cited by a male. No one raised one question or didates. I think that is a very serious my colleagues—the filibustering of mentioned the workload on the DC Cir- concern. Caitlin Halligan, the filibustering of cuit Court. We had just turned down Congress set the law that there are 11 Patty Millett, and now the filibus- Caitlin Halligan—because you don’t get judges on this court. The President is tering of Nina Pillard—rely on two pre- an up-or-down vote because there is trying to comply with the mandate of texts. Why are these candidates— not enough workload—but within 2 Congress in putting well-qualified Caitlin Halligan, who practiced before months, a 97-to-0 vote we confirmed. I women before this body. We should de- the U.S. Supreme Court, was the Solic- want to make clear, Judge Srinivasan bate their qualifications. If folks have itor General for the State of New York is very qualified to be on this court. concerns about those, let’s have that and did such a good job, why block her? But the workload rationale just dis- debate. But we shouldn’t block them Why block Patty Millett, who worked appeared. from being considered and assert rea- in the Solicitor General’s Office under But it didn’t go away because as soon sons that don’t stand the light of day. both administrations, supported by So- as Patty Millett is nominated—as was I yield the floor. licitor Generals of both administra- indicated, not only a superb appellate The PRESIDING OFFICER. The Sen- tions? Why block Nina Pillard? Nina attorney who has argued more cases ator from Minnesota. Pillard was the appellate attorney be- before the Supreme Court than all but Ms. KLOBUCHAR. Madam President, fore the U.S. Supreme Court to argue a handful of women in the history of I thank my colleague from Virginia for for the need to admit women students this country, who has argued cases be- his well-thought-out argument and the to the Virginia Military Institute in fore the DC Circuit, where we hope she evidence he put out here for the Pre- my State, which they have done and it will sit, and other circuits as well. As siding Officer, a former law professor is working very well. One of Nina soon as Patty Millet was nominated, who believes in evidence. I think it is Pillard’s supporters was the super- the workload issue pops back up: The important that we look at the facts. intendent of VMI who was being sued. court doesn’t have enough workload. I wish to back up some of the facts to The promise of America will never be Now Nina Pillard is being told she is why this workload argument doesn’t fulfilled as long as justice is denied to going to be blocked also because the make sense, even when it is put out even one among us. Josiah Bunting has court doesn’t have enough workload. clearly for the women nominees and it come forward and said Nina Pillard I assert that this workload issue is a wasn’t put out recently for the male would be a great circuit justice. complete pretext. It is not raised about nominees. But here are the facts: So what is the reason being asserted other courts and it is not raised about When George W. Bush was President, to block these three women? The rea- other nominees. Even this year it the Senate confirmed his nominees to son asserted is there is not enough of a hasn’t been raised. But it has been fill four empty seats on the DC Circuit. workload on this court. I think it is raised with respect to three superbly That was not long ago. Under Presi- clear the asserted lack of workload is a qualified women: Caitlin Halligan, dent Obama, there have been four va- pretext. It is nonexistent. It is a phan- Patty Millett, and Nina Pillard. I have cancies on the court. There were four tom argument which gets brought up only been here 11 months. I don’t know under Bush and four under Obama. The whenever we want to but then aban- all the previous history. But as I difference? All of President Bush’s doned whenever we want to. My evi- watch, women candidates are being nominees were confirmed by the Sen- dence for that is pretty clear. treated differently on this court. This ate. There are two circuit courts—the second highest court in the land, this It is important to note that one of Eighth and the Tenth Circuit—which court which has juice from which peo- President Obama’s nominees—as was have lower caseloads per judge than ple may go to the Supreme Court, the pointed out by my colleague from Vir- the DC Circuit, but we have been ap- women candidates are being treated ginia—was confirmed by the Senate. I proving nominees for that circuit this differently. They are being blocked by guess that means one guy is confirmed year without raising any question concerns about workload which are not and then these three seats are still about workload. So we will put folks being applied in an evenhanded way. open for which women have been put on the Eighth and Tenth Circuits, even The last thing I will say is another forward. though they have a lower workload and bit of evidence which I think is fair to Some people apparently think there no one complains and the other side put on the table in this question of is a problem with the numbers, but doesn’t raise that. I asked Members: whether there is a double standard for let’s look at the actual numbers. These

VerDate Mar 15 2010 00:57 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.047 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE November 7, 2013 CONGRESSIONAL RECORD — SENATE S7917 same people have supported having debate on Patricia Millett to be a judge pen to be female who have been op- more judges on another court that ac- on the U.S. Court of Appeals for the posed, not because of their qualifica- tually has fewer pending cases. The District of Columbia. She is a very tions but because they were nominated reason we use that standard—pending highly qualified attorney who has ar- by this President. I will submit that cases—is those are the active cases. gued before the Supreme Court 32 list for the RECORD. They are not the pro forma orders times and is recognized both by Demo- I hope this discussion today points which are issued quickly. These are the crats and Republicans for her legal out the need of more women on the actual cases before the court for which acumen. Despite her qualifications, her courts. Maybe we also need more they have to make difficult decisions. nomination was being blocked. Had she women elected to the Senate so we can The DC Circuit has 8 active judges, 6 been confirmed, she would only be the make sure we get more women on the partially retired senior judges, and sixth woman to sit on the DC District courts. But this is, today, about asking 1,479 pending cases. The Tenth Circuit Court of Appeals. So I am questioning my colleagues on the other side of the has 10 active judges, 10 senior judges, the place we are now on this nomina- aisle to not look past this court. Do and 1,341 pending active cases. So the tion. not try to diminish it by narrowing its Tenth Circuit—to which my colleagues Professor Nina Pillard is another fili- focus. Get more people who will sup- have confirmed multiple nominees— bustered nominee who has argued his- port qualified women so we can have has more judges but fewer pending toric cases before the Supreme Court, the diversity in America that we need cases per judge. including a case to open the Virginia represented on our courts, even at the Why does the Tenth Circuit have Military Institute to women for the DC district appeals level. more judges with fewer cases per judge first time in history and a case defend- I thank my colleague from Minnesota than the DC Circuit? I believe the an- ing the family medical leave law. for arranging for all of us to be here swer is quite simple: Earlier this year, American people want to know why are today to share our views. the Senate confirmed two judges to fill these qualified female judges being The PRESIDING OFFICER. The Sen- the empty seats on the Tenth Circuit, blocked. Just 32 percent of the U.S. Ap- ator from Minnesota. Ms. KLOBUCHAR. Madam President, and the Senate should do the same peals Court judges are women. In my I think there are two interesting facts with the DC Circuit by taking these opinion, it is time to move forward that Senator CANTWELL brought up three well-qualified nominees and con- with more highly qualified nominees to that I didn’t know. The first was the firming them. add diversity to the courts. percentage of women in the Federal I see the Senator from Washington I have not heard any of my col- district courts—in the 30-percent has arrived and I know she has a few leagues question the credentials of range, 32-percent range. The second remarks about this as well. As I point- these nominees. In fact, Ms. Millett has was Justice Roberts’ belief that, in ed out to the Presiding Officer, this is been called ‘‘a brilliant mind, a gift for fact, we should have judges to fill these just the beginning. We are going to clear persuasive writing, and a genuine seats. It is interesting that Justice continue to fight for these three zeal for the rule of law.’’ This is not a Roberts actually was on the DC Cir- women judges. quote by a Democratic Senator or a cuit. I remember looking at the num- The PRESIDING OFFICER. The Sen- liberal think tank. That quote is from bers. When he was confirmed to serve ator from Washington. former Special Prosecutor Kenneth on the DC Circuit, there were actually Ms. CANTWELL. Madam President, I Starr in a letter with six other Solici- fewer pending cases per judge than thank the Senator from Minnesota for tors General, top lawyers who have there are now—even if these vacancies her leadership on the floor this after- served in the George H. Bush and were filled. I keep bringing that up be- noon. It is great to join her and my George W. Bush and Clinton adminis- cause it is the one and the only argu- other colleagues to talk about the im- trations, basically saying, ‘‘Equally ment we keep hearing against these portance of judicial nominees, and in important, she is unfailingly fair mind- three women we talk about today. particular today, because today we are ed.’’ That is from Mr. Starr. Caitlin Halligan was already filibus- talking about the nomination of more So the DC Circuit Court currently tered, stopped in her tracks despite female representation on the courts has four judges chosen by Democratic trying three or four times and never which I think is incredibly important. Presidents and four by Republicans. giving up—1 year, the next year, put- I served my first 2 years in the Sen- There are three vacancies on the court. ting in her name, having to go through ate on the Judiciary Committee, and I Republicans are arguing we shouldn’t a nomination process. We just saw was struck to find that, I think at that fill these vacancies, that we should just Patty Millett, eminently qualified, fili- time, I may have been the fourth eliminate them. I think my colleague bustered, stopped at the door. I have woman in the whole history of our from Minnesota just spoke to this. This never seen so many tweets about a ju- country to be on the Judiciary Com- is a proposal that is even opposed by dicial nominee. They are not always mittee. Now I am so proud that my col- Chief Justice John Roberts, who argues that well known, but in her case she is league from Minnesota serves on that that the DC Circuit Court of Appeals is a hero of military spouses across the committee and does an excellent job similar to many of the Federal courts country who cannot believe my col- and that we have other representation and is operating in a state of crisis. He leagues across the aisle are denying her as well. But the point we have to ask said, ‘‘Based on our current caseload that right to serve on our courts. ourselves is, do we have to get women methods, the D.C. Circuit Court should Now we have a new nominee before elected to the Senate to get women on continue to have 11 judgeships.’’ us, Cornelia Pillard, someone, as we the Judiciary Committee to get women So we need a court that is fully noted, who has been unanimously sug- on the courts because our colleagues staffed. The primary responsibility of gested for this job by the nonpartisan aren’t going to help us do that? this court is the handling of cases in- American Bar Association. She is I am rising to support moving these volving Federal regulations on environ- someone eminently qualified, with nine nominations. President Obama has mental safety, health care reform, and Supreme Court arguments, and some- nominated Cornelia Pillard and Patri- insider trading. We should trust that one who has so much respect from cia Millett. We want to see these va- our judicial branch can nominate and those she mentors, from her colleagues cancies filled. We don’t want the same get judges on that court that basically both Democratic and Republican. dysfunction which led to a government will look at the law and not party af- I see the Senator from Connecticut is shutdown to let us move toward the filiation and stop obstructing people here, another member of the Judiciary kind of the stopping of putting people whom I believe are qualified to be on Committee. on the court. Nominating highly quali- the court. I yield the floor. fied individuals is what the President’s I hope we can move forward. Ms. The PRESIDING OFFICER (Mr. job is, and filling seats on the court is Millett is the second female nominee COONS). The Senator from Connecticut. not packing the court. It is simply opposed by Republicans after the nomi- Mr. BLUMENTHAL. Mr. President, I doing the job. nation of Georgetown professor Pillard thank my colleague, an esteemed law- On October 31, 2013, many of my col- was filibustered. However, she joins a yer and prosecutor herself, for her serv- leagues voted against a motion to end long list of judicial nominees who hap- ice on the Judiciary Committee and

VerDate Mar 15 2010 00:57 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.048 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE S7918 CONGRESSIONAL RECORD — SENATE November 7, 2013 dedication to the quality of our courts be denied confirmation only in the In other words, she believes in a judi- and for her bringing us together this event of ‘‘a character problem, an eth- cial decision, written by Justice Black- afternoon to focus on a topic I think ics problem, some allegation about the mun—for whom I clerked—which has perhaps is not uppermost on the minds qualifications of a person, not an ideo- been upheld repeatedly by the U.S. Su- of most Americans, not something they logical bent.’’ If Senators agree that preme Court over four decades. It is worry about when they are bringing only exceptional circumstances justify embedded in our constitutional law, as their kids to school or fixing dinner at blocking a nominee, then clearly the fundamental as the right to privacy is night, but that shapes the quality of three female nominees that have been fundamental to our Constitution. I our society. It assures the rule of law, nominated by the President ought to think the merits more than justify her and it guarantees the courts of our be confirmed by the Senate. Our Coun- confirmation. There is no question that country look like the people of our try, and the legal profession specifi- she has the talent and temperament, country. cally, has an unfortunate history when the intellect and integrity, the experi- We are here because there are too few it comes to women. ence and the sensitivity to serve as one women as judges on our Federal courts. As I mentioned earlier, for genera- of our great judges on this court of ap- They have been denied that oppor- tions women were not even allowed to peals. tunity, and for so long they were de- practice law. Only recently have they I urge my colleagues to put aside the nied the opportunity even to practice been afforded the opportunity to serve extraneous and irrelevant consider- law. We are here because this situation on the Federal bench—despite their ations that may lead them to oppose is unacceptable. The Senate cannot and serving with extraordinary distinction confirmation and, very simply, to give should not continue to obstruct the ap- when they were in fact appointed. They their approval to a woman who will be pointment of qualified nominees—in are still woefully underrepresented. a mentor and a model to so many other this instance women. Nina Pillard, like When women are denied an equal women now in law school or beginning Patty Millett, is eminently qualified— chance to serve on our courts, we are their careers or even beginning their indeed, distinguished, a candidate who left with judicial bodies that fail to re- judgeships, and who one day will aspire fits the ideal profile. If you were de- flect the American people, fail to re- to this kind of position. They will see signing and writing in the abstract the flect their values and backgrounds, her example and ours in approving her resume of a circuit court judge for the their aspirations and dreams, and in as an inspiration to them in their ca- United States of America, it would be fact their talent and insight. An exclu- reers. Nina Pillard. sionary Federal judiciary makes a I yield the floor. I suggest the ab- One of the tragic results of the ob- mockery of our Nation’s claim to equal sence of a quorum. struction that we see in the appoint- justice under law. The PRESIDING OFFICER. The ment of judges nominated by the Presi- The excuse for blocking appointees is clerk will call the roll. dent is that the Senate is blocking that the DC Circuit Court does not The bill clerk proceeded to call the women appointees to this court. The need more judges. I find this claim roll. Senate has only confirmed one woman unpersuasive, based on the workload of Mr. MURPHY. I ask unanimous con- to the DC Court in the last 19 years. the court. We can debate, in fact, the sent that the order for the quorum call During this same time period, five men numbers, but statistics in this instance be rescinded. have been confirmed to the DC Circuit fail to reflect the complexity and dif- The PRESIDING OFFICER. Without Court of Appeals. In the court’s entire ficulty of the cases that come before objection, it is so ordered. history, only five women have been this court. The same Senators who say GUN VIOLENCE confirmed. These facts speak for them- the caseload fails to justify appoint- Mr. MURPHY. Mr. President, we selves. ments now gladly voted to approve have been trying to figure out all day Thanks to the leadership of President John Roberts to the ninth seat on the how to fit five numbers on this poster. Obama and Chairman LEAHY, the Judi- court when the court had just 111 pend- I have been bringing it down nearly ciary Committee has been approving ing appeals per judge. It now has 182 every week since the anti-gun violence qualified women to take the ‘‘men appeals per active judge. bill failed here in the Senate due to a only’’ sign off the door at the DC Cir- The history here is that the Senate Republican filibuster, and this is the cuit Court of Appeals. But those approved appointees nominated by first week this poster comes down to women have been blocked by a minor- George Bush to fill the 9th, 10th, and the floor of the Senate with five digits. ity of this body. 11th seats on the DC Circuit, the three There have been 10,287 Americans There ought to be common ground seats that are vacant today. But this killed by guns since December 14, the for Senators to have a good reason to issue should not be about partisan poli- day of the Sandy Hook shooting. block an appointment to the judiciary tics. It should not be about which What I have been endeavoring to do made by the President of the United President made the appointments. It since the failure of that bill on the States, which is his constitutional re- ought to be about the principle; that is, floor of the Senate—despite the fact sponsibility just as it is ours to advise if the workload is insufficient, the that 80 to 90 percent of Americans sup- and consent, and not simply, blindly number of seats on the court should be ported the bill—is to bring to the floor block a woman appointee. reduced by legislation. The Congress the voices of victims, because the sta- In 2005, the bipartisan gang of 14 should not refuse to fill vacancies when tistics are numbing at this point. We came together and they agreed that a they exist lawfully and in fact when have had 10,000 people in this country Senator should vote against a nominee there is strong evidence that the work- die at the hands of gun violence since only in ‘‘exceptional circumstances, load justifies filling those vacancies. December 14, and that apparently has extraordinary circumstances.’’ The his- Nina Pillard is a civil rights icon. not been enough to move this place, or tory of that agreement is pretty well She is a public servant of extraor- the House of Representatives, to ac- known here even though only a handful dinary distinction. Ms. Pillard led the tion. of Senators who joined in the agree- integration of women into the Virginia My hope is that by coming down to ment are still here. Its spirit and in- Military Institute. Her work led the this floor every week or so and telling tent ought to guide us. Even if it is not Supreme Court to uphold Congress’ the real stories—the human stories— binding in letter, its intent and pur- ability to pass the Family and Medical about the individuals who have lost pose are as real now as they were then. Leave Act. Her academic work con- their lives and the absolutely cata- It was to avoid the kind of nuclear ap- tinues to identify common ground be- strophic runoff of trauma that happens proach—it is called, I suppose, the nu- tween liberals and conservatives that to a family and a neighborhood and a clear option for that reason—because it can allow for the protection of impor- community when you lose a loved one would be so organically threatening to tant rights. due to gun violence, maybe that will the civility and collegiality of this Some have said that she is a femi- move this place to do something. body if it is invoked. The approach nist. The fact is, Professor Pillard be- I want to tell three stories this after- should be, as a Republican member of lieves that a woman’s right to choose noon because it now is kind of rou- that gang of 14 said, that judges should is protected by the U.S. Constitution. tine—you just sort of wonder what day

VerDate Mar 15 2010 00:57 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.049 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE November 7, 2013 CONGRESSIONAL RECORD — SENATE S7919 of the week is it going to be when you played jealousy, and constantly ac- The reason I tell Maria’s story is be- turn on CNN or look at your Twitter cused his girlfriend of cheating. They cause this is Domestic Violence Aware- feed and you see ‘‘active shooting in said his girlfriend Maria Flores, who ness Month—or maybe it was October. progress,’’ ‘‘school lockdown,’’ or ‘‘peo- died that day, threatened to move out We have either completed it or we are ple fleeing airport.’’ It just kind of hap- of the residence a couple of weeks ear- in that month. Here is a stunning fact: pens every week now. It has become a lier, but she was convinced by Mata to In States that have comprehensive kind of commonplace occurrence. It is stay. background checks, women are 38 per- almost like raindrops in the back- The daughter who was killed was cent less likely to die from domestic ground of news coverage on a daily scheduled to graduate 3 days after the violence crimes. Women are 38 percent basis—this week’s shooting, next murder took place. less likely to die from domestic vio- week’s shooting. I tell these three stories for this rea- lence crimes if they are lucky enough On October 21, a seventh grader son: First, in the wake of the TSA to live in a State that says: Before you named Jose Reyes, a student at Sparks shooting, a lot of folks from the gun buy a gun, you have to prove to us you Middle School, opened fire with a hand- lobby made the argument that the way are not a domestic abuser. gun he took from his parents. He killed to fix this problem was to arm TSA Since 1998, 250,000 domestic abusers a teacher, himself, and left two other agents, just as people made the argu- have been stopped from buying guns students wounded at a middle school in ment that the way to guarantee an- because of background check laws. other Sandy Hook tragedy from hap- Nevada. That is just the domestic abusers who pening is to arm the teachers. Some The teacher he killed was named were dumb enough to show up at a gun people actually had the audacity to Mike Landsberry, and, boy, you don’t store and try to buy a firearm. That argue that an even better way was to get much more American than Mike doesn’t count, frankly, the millions of Landsberry. He was an Alabama na- arm the students too. It speaks to this sort of new philos- domestic abusers who never walked tive. He graduated from high school in into the store to buy the gun in the Reno, which is right next door to ophy that has infested this place—the Senate and the House—that I kind of first place because they knew they Sparks, in 1986, and then served in the were going to be denied. Women in the Marine Corps. He joined the Air Na- describe as gun control Darwinism, the idea that if everybody has a gun—the United States are 11 times more likely tional Guard after he got out of the to be murdered by a gun than women Marine Corps. He rose to the rank of good guys and the bad guys—hopefully enough of the good guys will shoot the in any other high-income Nation. And master sergeant and served as a cargo we have a solution: background checks. specialist in Kuwait and Afghanistan. bad guys. You just throw a whole mess Women are 40 percent less likely to die He fought for this country. He put his load of guns out there, let them figure from domestic violence if they live in a life on the line to defend this Nation. it out, and in the end we will take care of the bad guys. State that does background checks. When he came back, as happens with I bring just three stories to the floor thousands of veterans, he decided to We have some new data that tells us how backwards that philosophy is. today in my effort to bring voices to continue his public service and became the victims—the stories of Mike, a an incredibly popular math teacher. Common sense tells you that is not a teacher in Nevada; Gerardo, an immi- His brother said of Mike: He is ‘‘the good idea, but the data now tells you grant to this country who loved doing kind of person that if someone needed that is not a good idea. help he would be there. He loved teach- The American Journal of Public his public service as a TSA screener; ing. He loved the kids. He loved coach- Health did the most comprehensive and Maria Flores, one of thousands of ing them . . . He was just a good all- study ever done in this country. They women across this country killed by around individual.’’ looked at rates of gun ownership and their spouses or partners in part be- Mike is no longer with us because he rates of homicide by gun death. They cause of the ease of access to a gun in is now one of the over 10,000 Americans looked at decades of data across every this country. who have died at the hands of a gun— State in the Nation, and then they had So 10,287 people—that number is this time in a school shooting on Octo- the common sense to account for about tough to fit on one board. That is just ber 21. every factor you could think of: gen- in 11 months. Frankly, it won’t be that Gerardo Hernandez, according to his der, race, poverty, income, education, long—just a handful of years from wife, was always excited to go to work. alcohol use, and crime rates. What now—before there is absolutely no way He was a joyful person who took pride they found is pretty stunning and to fit this number on this board unless in his duty for the American public. straightforward. The American Journal the Senate and the House of Represent- Gerardo was the TSA screener at the of Public Health said that for every 1 atives decide that 90 percent of Ameri- Los Angeles International Airport who percent increase in gun ownership in a cans are right and we should make sure was gunned down when Paul Ciancia, a particular State, locality, or geo- criminals can’t access guns. We should troubled 23-year-old, walked into LAX graphic region, there is a firearms ban illegal gun trafficking. We should with an assault weapon and a grievance homicide rate increase of 1 percent, a 1- expand the reach of our mental health and grudge against the government. He to-1 ratio. If gun ownership goes up by system so we can finally say that Con- opened fire and killed Gerardo Her- 1 percent, increases in gun homicide go gress—the Senate and the House—is nandez, age 39. He was the youngest in up by 1 percent. going to do something to give voice to a family of four boys who had all emi- Police chiefs in city after city across these victims. grated from El Salvador. He was 15 the country will verify that. As they Mr. President, I yield the floor and years old when they made the decision have taken guns off the street, as they note the absence of a quorum. to come to the United States to seek a have engaged in gun buyback pro- The PRESIDING OFFICER (Mr. MAR- better, safer, more stable life. And now grams, guess what. Miraculously gun KEY). The clerk will call the roll. the youngest of four boys is one of deaths decrease. That is not to say the The bill clerk proceeded to call the 10,287. only thing that matters is the number roll. Finally, the story of Maria Flores, of guns on the street. Clearly, this Mr. THUNE. Mr. President, I ask who, frankly, didn’t make headlines young man who walked into Sparks unanimous consent that the order for when she died over the summer along Middle School and the 23-year-old who the quorum call be rescinded. with her daughter Elizabeth Gomez. walked into LAX had enormous issues The PRESIDING OFFICER. Without They died in Las Vegas when Manuel that were going untreated. We are fool- objection, it is so ordered. Mata, her boyfriend with a history of ing ourselves if any of us are trying to VETERANS DAY jealousy and domestic violence, shot perpetuate an argument that this is Mr. THUNE. Mr. President, as we ap- and killed Maria. He shot and killed just about gun ownership. This is also proach Veterans Day on Monday, I her teenaged daughter and wounded a about a very broken mental health sys- want to rise to recognize the selfless 4-year-old before turning the gun on tem that we need to address. But a 1- service and sacrifice of America’s vet- himself. percent increase in gun ownership erans. As we reflect upon the genera- Family members said that Mata had leads to a 1-percent increase in gun vio- tions of men and women who have an- financial troubles, drank often, dis- lence. swered the call to serve and defend our

VerDate Mar 15 2010 00:57 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.051 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE S7920 CONGRESSIONAL RECORD — SENATE November 7, 2013 freedoms, we especially remember We should be grateful for the genera- position at Brooklyn Heights. They those who have given what President tions of men and women who have were faced with overwhelming odds, Lincoln so eloquently called ‘‘the last given of themselves on behalf of our and the British Army—the most power- full measure of devotion.’’ great Nation. There can be no mistake ful military force in the world at the Just as we owe it to the memory of that America’s veterans have served time—was closing in around them. But those who have given their lives for bravely and honorably, making Amer- on this historic day 400 Marylanders freedom, we also have the solemn obli- ica the country it is today. who made up the Maryland Line gation to ensure that every service- As we celebrate a weekend filled with stepped up against those overwhelming member comes home and that we care fanfare and celebrations, with people odds and ran into the breach in defense for those who still bear the wounds of involved in their weekend activities, I of our Nation. Today, there is a plaque war. Some of these wounds are phys- would ask that we all take a moment over the mass graves of those citizen ically visible, while others are not so to remember the service of those who soldiers that reads simply this: ‘‘In apparent. did not make it back to their families honor of the Maryland 400, who on this We have made great strides in caring and that we rededicate ourselves to battlefield on August 27, 1776, saved the for our servicemembers, especially in caring for those who continue to bear American Army.’’ regard to lifesaving procedures on the the cost of our freedoms. Every year I make it a priority on battlefield and rehabilitative care May God bless our veterans, and may Veterans Day to take an opportunity through the Department of Veterans we continue to honor those who have to thank the millions of brave men and Affairs, but there is still much we must nobly answered the call to serve. On women who served our Nation in uni- do to combat the epidemic of mental this Veterans Day, may we all keep the form and honor them for their courage, health issues among veterans. Trau- brave members of our military and dedication, and sacrifice. In my first matic brain injury, post-traumatic their families in our thoughts and year as a Senator of Maryland I went stress disorder, and the alarmingly prayers as they continue to serve our to Garrison Forest Veterans Cemetery high rate of suicide among our service- great Nation. in Owings Mills for a Veterans Day ob- members remain among the most f servance, as well as attended a Vet- pressing issues our veterans face. VETERANS DAY erans Day Salute and groundbreaking We owe all of our veterans a tremen- of a new facility for Baltimore Station, Mr. CARDIN. Mr. President, as Vet- dous debt of gratitude, and we must up- which provides innovative therapeutic erans Day 2013 approaches next Mon- hold the foremost duty of providing for residential treatment program sup- day, I ask that in honoring the brave their care. This responsibility includes porting veterans who are transitioning men and women who have served our aiding our veterans as they transition through the cycle of poverty, addic- Nation, we in Congress honor them in to civilian life by finding ways to put tion, and homelessness to self-suffi- ways that are meaningful and help their skilled military training to work ciency. and through providing timely proc- them return to civilian life after they I have also spent Veterans Day at the essing of medical claims. We must rise have served. A mere thank-you is little Leonardtown Cemetery and to the occasion to make sure our past comfort to a veteran who cannot find Crownsville Veterans Cemetery Re- mistakes are not repeated as our meaningful employment, who is striv- membrance Ceremony, where I placed troops return from current and future ing to provide for his or her family, or wreaths honoring those who have paid conflicts. who is dealing with post-traumatic In my home State of South Dakota, stress. the ultimate price in serving our coun- it is easy to see the integral role vet- President Woodrow Wilson estab- try. Two years ago, I had the privilege erans have played in shaping who we lished this holiday—originally known of joining Maryland Veterans Affairs are as South Dakotans—a legacy that as Armistice Day—on November 11, Secretary Edward Chow, Jr., to observe dates back to before the founding of 1919, when he proclaimed that it would Veterans Day at Cheltenham Veterans the State itself. South Dakotans have be used to honor the brave Americans Cemetery. Through our efforts, we always punched above their weight who fought and died in World War I. were able to announce that the U.S. when it comes to military service in all The holiday was officially recognized Department of Veterans Affairs has the various conflicts in which our by the U.S. Congress on June 4, 1946. awarded the cemetery a grant of $1.7 country has been involved over the After the end of World War II, Armi- million to make improvements. years. The values of service and honor stice Day was expanded to honor all Just last year, I had the opportunity are woven into the fabric of our com- veterans of our military services, and to thank the millions of brave men and munities. With each passing day these the holiday’s name was changed to women who have served in the U.S. values are strengthened by the men Veterans Day. Armed Forces and risk their lives for and women currently serving at Ells- We should honor our veterans every our Nation when I provided remarks at worth Air Force Base and in the South day, but I believe that this annual holi- the Crownsville Veterans Day Cere- Dakota Air and Army National Guard day is especially important as it allows mony. Additionally, I was invited by and VA centers around my State. I us to reflect on the true aspect of the the Armed Forces Foundation to speak doubt there are many South Dakotans sacrifices that our servicemembers to students at Manor View Elementary who do not have a family member or have made. Their sacrifices are often School—located on Fort Meade—as friend who has worn our Nation’s uni- made in stressful, frustrating, and dan- part of their Operation Caring Class- form. gerous conditions. Yet these brave men room Program. During my visit, I I know firsthand the sacrifice made and women do not shy from commit- talked to students about Veterans Day by our Nation’s veterans because my ting themselves to serving our country. and the importance of honoring the own father Harold was a decorated It is because of those who have served service of men and women in the mili- World War II Navy pilot. Like all our selflessly, with honor and dignity, that tary, as well as the sacrifices of their veterans, my dad served with pride and we can continue celebrating our his- families. We far too often forget to dignity, protecting our democracy at tory and our way of life. thank the families of our veterans for home and abroad. One of my favorite While I am proud of all of our vet- all they have sacrificed. We want our memories since I have been in the Sen- erans, I am especially proud of the vet- veterans and their families to know we ate was the opportunity to accompany erans in my State. Maryland has a long are grateful for their service to our Na- my father to the World War II Memo- and proud military tradition. Maryland tion and are here today to honor them rial and show him that great memorial is known as the Old Line State. Some as well. that was erected in honor of his gen- people think that comes from the This year I will have a chance to say eration’s veterans. I was humbled by Mason Dixon Line, but it actually thank you to veterans across Maryland the quiet reverence they had for their dates back to 1776, less than 2 months as I participate in the Vietnam Vet- comrades lost in battle and reminded after the Declaration of Independence, erans of America, Chapter 451 Veterans of the ultimate sacrifice made by so when George Washington’s army was Day Celebration and Baltimore City’s many of our countrymen. nearing annihilation in an indefensible Veterans Day Celebration sponsored by

VerDate Mar 15 2010 00:57 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.053 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE November 7, 2013 CONGRESSIONAL RECORD — SENATE S7921 the Baltimore City Veterans Commis- tactics officer near Lagham Province, stan after a decade of war, we need to sion. This Veterans Day, I am re- Afghanistan. Captain Crawford is cred- gear up our commitment to our vet- minded that Maryland is home to over ited for taking decisive action to save erans. Our veterans deserve every pos- 470,000 veterans to whom we made sol- the lives of three wounded Afghan sol- sible tool we can provide to help ease emn promises. I am committed to mak- diers and evacuating two Afghan sol- their transition to civilian life. I am ing sure they receive the services and diers killed in action. Captain committed to making sure that our benefits they earned and the support Crawford is only the fifth recipient, veterans receive the services and bene- they were promised. The United States since 9/11, to receive the Air Force fits they earned and the support they is the strongest Nation in the world, Cross. were promised and deserve. The United and I am proud to honor Maryland’s We are justifiably proud of Security States is the strongest Nation in the veterans with my gratitude and re- Forces airmen stationed at Warfield world because of our veterans, and we spect. Air National Guard Base, who were owe them and their families our grati- For more than 237 years, Maryland- awarded the Bronze Star Medal for tude and our respect. ers in every branch of service have meritorious achievement while as- Mr. COCHRAN. Mr. President, Vet- been at the forefront of providing dis- signed to the Air Force Office of Spe- erans Day 2013 gives us an opportunity tinguished service for our national de- cial Investigations Tactical Security to set aside our day-to-day worries and fense. Let me mention a few examples. Element at Bagram Airfield, Afghani- celebrate the men and women who have Marylanders are justifiably proud of stan. MSG John Duly and MSG Olen D. served in the United States Armed amazing soldiers like PFC Kevin Jaye, Smith III led a 15-man tactical security Forces. It is a national day of recogni- an Army hero born and raised in element that provided security wher- tion and gratitude for those who have Smithsburg who saw his life change ever the Office of Special Investiga- bravely served and fought to defend the when he stepped on an improvised ex- tions detachment needed to go. On a freedoms that make the United States plosive device, IED, while serving in routine mission, an Army platoon a beacon of liberty to the world. Afghanistan. Kevin lost his right leg came under attack from Taliban fight- I am heartened each year by the below the knee, but despite the many ers, and Sergeants Duly and Smith pride that Mississippians have for our surgeries and the long recovery proc- moved their unit to provide support. Armed Forces, and their appreciation ess, he is determined to overcome these For the next 48 hours their unit pro- for the sacrifices made by loved ones challenges. Since the wars in Iraq and vided security and overwatch, re- on behalf of our Nation. The cere- Afghanistan began, more than 1,500 sponded to a vehicle rollover, initiated monies, parades and programs taking U.S. troops have become amputees and and received direct fire, coordinated place this year will reflect the admira- Kevin is one of them. with helicopter and fixed wing assets, tion we share for our veterans. It is We are justifiably proud of naval he- and responded to a vehicle hit by an gratifying to see the deep respect that roes like Navy Hospital Corpsman Mi- IED. the people of my State have for those chael Couch, who received a Purple We are justifiably proud of the A–10 who have served, from the first Mis- Heart earlier this year as a result of pilots from the 104th Fighter Squadron sissippians who took up arms to defend the injuries he sustained while serving with the Maryland Air National Guard this land to those currently deployed in Afghanistan. Michael was traveling assigned to Bagram Airfield, Afghani- around the world. in a convoy when his vehicle rolled stan, who recently flew as part of a Today, the new generation of all-vol- over an IED which detonated. He was harrowing mission to support am- unteer veterans returning from more knocked unconscious, and his eardrum bushed coalition forces fighting during than a decade of sustained combat op- was ruptured. After 3 weeks of rehabili- dangerous weather conditions. A dozen erations reminds us of our sacred obli- tation he rejoined his unit. Michael is pilots protected more than 90 coalition gations to all our veterans and their now stationed at the Naval Academy, servicemembers during a major battle families. We must dedicate ourselves to where he is an optometry technician in the mountains of eastern Afghani- meeting those commitments. Doing so who prescreens the vision of mid- stan. will make us a stronger Nation. shipmen before they meet with an op- All across the services, our military I appreciate that on Veterans Day tometrist. members and veterans from Maryland the world will witness an American We are justifiably proud of marines are the best in the Department of De- people united in its appreciation of the from Maryland like HM3 Vanzorro fense. But Congress simply has not men and women who have served and Gross, Jr., who was awarded the Purple done enough to provide enough support fought for our republic. Heart in May by Naval Health Clinic to our veterans. For example, unem- Mr. President, I yield the floor. I sug- Patuxent River. Corpsman Gross re- ployment is also an issue for the vet- gest the absence of a quorum. ceived the Purple Heart for wounds re- erans community. Veterans, particu- The PRESIDING OFFICER. The ceived in action during a raid while de- larly young veterans from our most re- clerk will call the roll. ployed in Afghanistan with the Ma- cent conflicts, are having trouble get- The assistant legislative clerk pro- rines. During the firefight, eight serv- ting jobs. In this September’s jobs re- ceeded to call the roll. ice personnel were injured and two port, the Bureau of Labor reported that Ms. LANDRIEU. Mr. President, I ask were killed. Corpsman Gross was 30 while the unemployment rate for non- unanimous consent that the order for days into a 6-month deployment at the veterans was 7.2 percent and the unem- the quorum call be rescinded. time of the attack and was sent home ployment rate for all veterans was at The PRESIDING OFFICER. Without with damage to the bones in his foot. 6.5 percent, the unemployment rate for objection, it is so ordered. He had a 3-inch hole in his foot from post-9/11 veterans was at an aston- FISCAL YEAR 2014 APPROPRIATIONS the shrapnel damage and has under- ishing 10.1 percent. I find this trou- Ms. LANDRIEU. Mr. President, I gone four orthopedic surgeries so far to bling, as the experience that these vet- wish to take this opportunity to asso- reconstruct it. Despite these injuries, erans acquired during their recent ciate myself with the remarks of the when visited in Walter Reid National military service should make them in- chairman of the Appropriations Com- Military Medical Center by a com- valuable to prospective employers. We mittee, Senator MIKULSKI, earlier this manding officer, Corpsman Gross’ first must do better in providing employ- week. She has really been an extraor- question was, ‘‘When can I go back?’’ ment opportunities for our veterans. dinary leader for many years in this We are justifiably proud of Air Force Ultimately, Veterans Day is an op- Congress. She is truly an expert appro- Airman Captain Barry F. Crawford, Jr., portunity for all of us to thank our vet- priator. We could have no better person a member of the Maryland Air Na- erans for their service and to renew our trying to bring this body together— tional Guard, who was recently award- commitment to serving and honoring Democrats and Republicans—in my ed the Air Force Cross—second only to them each and every day of the year. A mind than Senator MIKULSKI. She is the Medal of Honor—and Purple Heart true marker of our Nation’s worth is trying to get our appropriations bills for his extraordinary heroism in mili- our willingness to serve those who have through the process—which is so im- tary operations against an armed served us. As we continue to wind down portant for the country, not just for enemy of the United States as special our commitments in Iraq and Afghani- our agencies and our departments, as

VerDate Mar 15 2010 01:59 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.025 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE S7922 CONGRESSIONAL RECORD — SENATE November 7, 2013 the Presiding Officer knows, as a Sen- under normal order and getting our Our cyber networks are under con- ator from Massachusetts with thou- budgets, our appropriations bills, it stant attack. There are 6 million sands in his State and millions of pri- really does wreak havoc in many com- probes on U.S. networks alone. Among vate contractors and nonprofit organi- munities throughout our country. We the attackers we know are 140 foreign zations, not the least of which is one need to pass our 12 appropriations bills spy organizations. One example: The my favorites, the Catholic Church, that set priorities and invest in our fu- Syrian Electronic Army defaced the which delivers so many social services ture. Marine Corps Web site and hacked into to the people of our State and Nation. If we are not able to get to an agree- numerous print media Web sites. A re- It is very hard for anyone to plan ment on the budget and to set top lines cent Annual Report to Congress from anything when the Federal budget is in for all of our appropriations bills, we the U.S. Secretary of Defense docu- such disarray. If there is anyone that will basically punt to a continuing res- ments that China is using its network can figure this out, it is Senator MI- olution—CR—which I think Senator exploitation capability to support in- KULSKI. So as one of her subcommittee DURBIN said is like running your busi- telligence collections—of course, that chairs, I want to be here to support her ness for 2014 based on your checkbook is understandable—but hacking into work. I am the chair of the Homeland receipts from 2013. Why would any some of our manufacturing and private Security Subcommittee, and I add my smart businessperson do that? No one sector databases to steal U.S. trade and voice to how important it is for us over would run a family budget or business manufacturing secrets. We know this. these next few weeks to get a budget operation using last year’s stubs from It has been put into the record before, resolution done. the checkbook. We want to pay for this but it is worth repeating. Senator MURRAY has passed a budget year coming up. We want to budget for Also this year, in the wake of serious on this side. After the recklessness of a the future. chemical plant incidents in West Texas government shutdown, finally everyone Anytime we can’t pass an appropria- and Ascension Parish in Louisiana, we has come to their senses, and we are tions bill and we punt to a continuing are reminded that people live around now in conference with the Budget resolution, it is like putting the coun- chemical plants and industrial sites Committee. We have to get that budget try on autopilot set for last year’s that are very dangerous. Lots is done weather, not what is coming ahead for number down so that once we agree on to keep them safe, but if that perim- next year. It really is a waste of what the top-line spending is, the budg- eter was ever breached by people who money. It wastes taxpayer money. had intentions other than to work et for the country, we can then go So I am hoping that cool heads can there and produce legal products, it about building the 12 bills that actu- prevail and we can get a budget num- could be a disaster. That is ongoing. It ally run the Department of Defense, ber. It is going to take some additional is a big country. It is an open country. the Department of Homeland Security, revenues put on the table, as well as We have partnerships to build in the the Department of Education, and the some smart cuts and reductions, bal- private sector, and in large measure others. ancing between the Murray priorities The important reason for Congress to that is part of what our budget does. and the Ryan priorities. Then we can adopt a budget resolution would be for Last week, a Transportation Security be given our numbers to build the us to provide some stability—not just Homeland Security budget. That is officer lost his life, and two others for the next year but the next 2 years, what I want to talk about now just were shot in the line of duty at the Los and not only for stability to our agen- briefly. Angeles airport. cies but to our many private sector Everyone knows how important it is So these attacks are real. This budg- partners, so that we can give some idea to keep the homeland security of this et does what it can with limited re- of what the outlook for spending and country intact. We have done a very sources. We try to be strategic. We try investing is going to be by the Federal fine job. It has been expensive. This to be as efficient as we can to make Government. It is very important for budget has gone from zero to its cur- sure that we keep our hundreds of air- our overall economic strength. We can- rent level of $42 billion post-9/11, in the ports, land ports, and water ports safe not afford another government shut- last 12 years, but it has been an invest- for people to move, for manufacturing down which puts our economic viabil- ment worth making. We have a lot of and trade, and for our economy to ad- ity at risk and denies assistance to threats against our country every day vance. It is a big job. It takes a lot of millions of Americans. from border intrusions, to cyber secu- money to do that, and it takes coopera- In my State, I was trying to figure rity threats, to explosions, as the Pre- tion. I sure hope in the next couple of out a way to describe the cost of the siding Officer knows so well, with the weeks we can find it. shutdown—reckless, and it should have Boston Marathon, which frightened We continue to face threats of weap- been avoided, and it was not. So I and terrorized an entire community ons of mass destruction. Dirty bombs asked, what are some of the things and city. So there are lots of chal- being detonated in one of our cities or that cost about $92 million in Lou- lenges. Throwing money at the prob- ports is an ongoing worry. A radio- isiana? One of the things I found out is lem isn’t going to fix them all, but not logical attack would incite not just that the New Orleans Saints payroll is having enough money to invest will en- harm but mass panic and shut down $70 million a year. That would be like sure vulnerabilities which we cannot transportation systems. We just cannot telling the Saints we are not paying allow. afford not to have a Department of you for one whole year. We would never When a homemade explosive device Homeland Security budget that is do that in New Orleans. But when we wreaked havoc at the Boston Mara- looking to the future. As these threats think about not paying the salaries of thon, we saw how critical it was that evolve, they are ever changing. People the players and then the effect that law enforcement and first responders say: I just bought a cell phone. Do I would have on the whole operation, the had proper training and equipment. have to buy another one? The tech- whole organization, the city itself, the That training and equipment is funded nology is changing so fast, it is hard games, we can see the ripple effect; and through the Homeland Security bill. for people to keep up. I just got a that was just the impact to Louisiana. We have given robust grants over the laptop last year. I need to buy another The impact to the Nation was extraor- years. We want to continue to be able one. The technology is changing. In the dinary. We have to avoid it at all costs. to do that. However, if we don’t get to same sense, threats are evolving. We One of the missions of the Appropria- a budget, if we don’t get to an agree- can’t budget for what happened 2 years tions Committee is to make sure the ment, grant funding would be reduced ago. We need to budget for the future, Federal Government continues to oper- to the lowest level since it was formed and if we can’t get this budget worked ate on behalf of the people, the tax- 10 years ago. I don’t think we want to out, if we can’t get our appropriations payers we serve, and that we invest in go back to pre-9/11 investments. This is numbers, we will either be in a con- their future, in their opportunities to a new world. It is a dangerous world. tinuing resolution—which is basically strengthen families and grow busi- The threats are evolving, as we saw funding what happened in the past, nesses. They need a budget that they play out in Boston. We need to be which makes no sense and wastes tax- can count on just like we do. When the ready for the next attack, and we won’t payer money—or we will be short- Federal Government is not functioning be if we can’t get a budget agreement. changing our constituents.

VerDate Mar 15 2010 00:57 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.061 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE November 7, 2013 CONGRESSIONAL RECORD — SENATE S7923 For 4 years in a row the Department Under a year-long CR, DHS would not The PRESIDING OFFICER (Mr. WAR- of Homeland Security has had to tight- be able to implement safeguards to pre- NER). Without objection, it is so or- en its belt. Everyone has. We have been vent unauthorized release of classified dered. willing to do that. We have operated at information. Vulnerabilities in the ex- f reduced funding. But the impact of the isting system were highlighted in the sequester—which is really a blunt in- Wikileaks releases and the more recent EXECUTIVE SESSION strument that cuts funding in a not disclosures by Edward Snowden. There Mr. REID. Mr. President, I move to very smart way. They are automatic was no funding in fiscal year 2013 to proceed to executive session to con- cuts that were never intended, that stop this type of activity so DHS’s sider Calendar No. 346. were never designed to run the govern- classified data will not be adequately The PRESIDING OFFICER. The ment. They were really designed to mo- protected without fiscal year 2014 fund- question is on agreeing to the motion tivate us to do a better job of getting ing. to proceed. to the budget. That seems not to be Critical infrastructure protection ef- The motion was agreed to. working. As a result, these automatic forts would be hindered. For example, cuts that are blunt, that are harsh, and without the $34 million above the fiscal f that really are not smart are hap- year 2013 sequester level, inspections of NOMINATION OF CORNELIA T.L. pening to all of our agencies, defense chemical plants to prevent PILLARD TO BE UNITED STATES and nondefense alike. It is time to get weaponization by terrorists will be de- CIRCUIT JUDGE FOR THE DIS- rid of that inefficient way of operating layed. Funding to better coordinate TRICT OF COLUMBIA and go to a more strategic, forward- Federal chemical programs in the wake CLOTURE MOTION leaning planning budget process. of the West, Texas facility explosion Mr. REID. Mr. President, I have a I just want to mention an agency will not be provided. Increases to pre- cloture motion at the desk. that I am very supportive of, the Coast vent catastrophic impacts to critical The PRESIDING OFFICER. The mo- Guard, not only because we build many infrastructure during manmade or nat- tion having been presented under rule of the boats in Louisiana but because ural disasters will be eliminated. so many of our people—and Massachu- Because of these impacts, it is crit- XXII, the Chair directs the clerk to setts as well—are literally saved every ical that we conference our fiscal year read the motion. year by the Coast Guard. We have lots 2014 Senate bills with our House coun- The assistant legislative clerk read of water, lots of lakes, lots of impor- terparts so that we can address the as follows: tant work going on with offshore oil weaknesses that continuing to operate CLOTURE MOTION and gas drilling, and we are inter- at sequestration levels would entail. A We, the undersigned Senators, in ac- cepting drugs that come into the conference would also permit a nec- cordance with the provisions of rule United States. The Coast Guard is on essary delay to flood insurance rate in- XXII of the Standing Rules of the Sen- the front line. They are operating their creases for properties that were for- ate, hereby move to bring to a close de- surface and air assets at 25 percent merly grandfathered into affordable bate on the nomination of Cornelia T. below planned levels because of seques- rates since the House and Senate L. Pillard, of the District of Columbia, tration—not smart cuts. It has resulted Homeland Security bills contain iden- to be United States Circuit Judge for in a 30-percent reduction of drug sei- tical language on this issue. This is one the District of Columbia Circuit. zures—people are not happy to hear small step in a larger effort I have been Harry Reid, Patrick J. Leahy, Richard J. this; I am not happy to say it—and an working on to fix flood insurance so Durbin, John D. Rockefeller IV, Ben- 11-percent reduction in the interdiction jamin L. Cardin, Jon Tester, Sheldon that it is affordable, accessible and Whitehouse, Mark R. Warner, Patty of undocumented migrants. self-sustainable. Time and time again, Murray, Mazie K. Hirono, Angus S. Under a yearlong CR, Customs and Senators have heard from their con- King, Jr., Barbara Boxer, Jeanne Sha- Border Protection would not be able to stituents about the skyrocketing in- heen, Robert Menendez, Bill Nelson, hire any new officers for our air, land, creases in flood insurance rates. Many Debbie Stabenow, Richard Blumenthal. and sea ports of entry. This is bad news homeowners throughout the United Mr. REID. I ask unanimous consent for travel and trade. The Presiding Of- States will see their rates rise to that the mandatory quorum under rule ficer knows, as people come into Amer- unaffordable levels. For example, up to XXII be waived. ica they ask: Why do we have to wait 2.9 million policies nationwide could The PRESIDING OFFICER. Without so long in line? We just came here to do see their previously grandfathered objection, it is so ordered. business. We have to get to New York, rates become absolutely unaffordable. f Chicago, Boston, Louisiana, California, One resident in my State of Louisiana and to other places where people come could see rates increase from $633 to LEGISLATIVE SESSION to do international business. over $20,000 per year. That makes Mr. REID. I now move to proceed to We can’t shift assets from the past to homeownership unachievable for many the front line with a sequester. We can legislative session. Americans and traps others in houses The PRESIDING OFFICER. The only do it with a rational budget that that they cannot sell. will help cities such as New York, Los question is on agreeing to the motion. We must get our work done. We need The motion was agreed to. Angeles, Houston, Chicago, Dallas, New to agree on a budget for fiscal year Orleans and Miami to grow. This is im- 2014. Then we need to finalize our fiscal f portant to business. It is important to year 2014 bills so that our agencies DRUG QUALITY AND SECURITY the Chamber of Commerce. have the appropriate funding for their ACT—MOTION TO PROCEED So I urge my colleagues, let us work critical missions—instead of lurching very hard together in a bipartisan way from one funding crisis to the next. Mr. REID. Is the motion to proceed to come to some agreement on our This is a hard task but one I believe to H.R. 3204 now pending? budget, so that we can have direction that is achievable. This is exactly what The PRESIDING OFFICER. The mo- as appropriators to design bills— we were elected to do. tion to proceed to H.R. 3204 is pending. whether it is for the Department of I thank Senator MIKULSKI for her Mr. REID. I have a cloture motion at Education, the Department of Agri- leadership. the desk. culture, the Department of Homeland I yield the floor and suggest the ab- The PRESIDING OFFICER. The clo- Security, the Department of Com- sence of a quorum. ture motion having been presented merce—to fashion budgets that meet The PRESIDING OFFICER. The under rule XXII, the Chair directs the future needs, that are not funding tired clerk will call the roll. clerk to read the motion. past priorities but are funding invest- The assistant legislative clerk pro- The assistant legislative clerk read ing in the real future and real-time ceeded to call the roll. as follows: needs, present and future, of our citi- Mr. REID. Mr. President, I ask unan- CLOTURE MOTION zens and of the great country that we imous consent that the order for the We, the undersigned Senators, in accord- believe in and want to see get stronger. quorum call be rescinded. ance with the provisions of rule XXII

VerDate Mar 15 2010 01:59 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.062 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE S7924 CONGRESSIONAL RECORD — SENATE November 7, 2013 of the Standing Rules of the Senate, hereby Ivey was a fine gentleman. He was REMEMBERING SERGEANT move to bring to a close debate on the mo- unfailingly cheerful and polite and he LAWRENCE ROUKEY tion to proceed to Calendar No. 236, H.R. made everyone feel at home. Ms. COLLINS. Mr. President, Ser- 3204, an Act to amend the Federal Food, Meredith Shiner and Niels Drug, and Cosmetic Act with respect to geant Lawrence A. Roukey, a native of human drug compounding and drug supply Lesniewski wrote a nice article about Maine, was honored today for his ex- chain security, and for other purposes. Mr. Ivey in Roll Call, noting that he ceptional service and sacrifice by the Harry Reid, Tom Harkin, Patrick J. was often the first person at work in Defense Intelligence Agency, DIA, in a Leahy, Tom Udall, Mark Begich, Brian the morning and the last one to leave ceremony at DIA Headquarters. SGT Schatz, Al Franken, Barbara Boxer, when the Senate Carryout finally Roukey was among four servicemem- Richard J. Durbin, Christopher A. closed for the night. They also noted Coons, Debbie Stabenow, Benjamin L. bers honored and inducted into the DIA that he was an Army and Army Na- Patriots’ Memorial located in the Cardin, Sheldon Whitehouse, Patty tional Guard veteran who earned the Murray, Barbara Mikulski, Kirsten E. lobby at DIA Headquarters on Joint Gillibrand, Jeff Merkley. National Defense Service Medal, a Base Bolling Anacostia in Washington, Good Conduct Medal, and M16 Sharp- Mr. REID. Mr. President, I ask unan- DC. The DIA Patriots’ Memorial hon- shooter awards. I am proud to say he ors DIA employees who died in service imous consent that the mandatory was a constituent and there will be a quorum under rule XXII be waived. to the United States in support of memorial service for him tomorrow at DIA’s mission. The PRESIDING OFFICER. Without From the Heart Church of Ministries in objection, it is so ordered. As a recipient of the Bronze Star Suitland. Medal and the Purple Heart, Sergeant f Mr. Ivey wasn’t just devoted to his Roukey has previously been recognized MORNING BUSINESS country, to the Senate, and to his job, for emulating the highest values of he was devoted to his family and to his Mr. REID. Mr. President, I ask unan- selflessness, dedication, and courage. faith. According to the Roll Call arti- Let me illustrate how DIA described imous consent that the Senate proceed cle, Mr. Ivey re-enlisted so that he to a period of morning business with Sergeant Roukey’s heroism and out- could get the health care coverage standing contribution on behalf of our Senators allowed to speak for up to 10 needed for a sick daughter. It is a big minutes each. country and why the agency is hon- family—8 siblings, 4 children, 10 grand- oring him today. A member of the U.S. The PRESIDING OFFICER. Without children, and 4 great-grandchildren, objection, it is so ordered. Army Reserve, Sergeant Roukey volun- among others. I want to send my deep- teered to serve during Operation Iraqi f est condolences to his family and Freedom as a member of the security REMEMBERING IVEY LEE friends and coworkers. The Senate detail for the Iraq Survey Group mo- ARMSTRONG, SR. community has lost one of its finest bile collection team that was con- and kindest members. We will miss his Mr. CARDIN. Mr. President, I rise to ducting a critical field inspection in an cooking but, more important, we will pay tribute to a wonderful man, Ivey anticoalition forces area. Under dan- miss his good cheer, his demeanor, and Lee Armstrong, Sr., who died last gerous conditions, Sergeant Roukey his friendship. month. He was just 62. He worked for and his squad mate provided protective nearly 30 years cooking and preparing f security for personnel charged with in- delicious food in the Senate Carryout. specting a suspected weapons of mass The entire Senate community will TAIWAN’S NATIONAL DAY destruction facility in Baghdad on miss him dearly. Mr. HATCH. Mr. President, recently April 26, 2004. Both soldiers lost their Many of our constituents may not the people of Taiwan celebrated their lives when a massive explosion oc- appreciate that the Senate truly is a National Day, marked by celebrations, curred at the facility being inspected. community. Our partisan or regional parades, and fireworks befitting its im- Prior to rejoining the military as an differences of opinion are made public portance as a national holiday. This Army Reservist in Maine, Sergeant on C–SPAN2, in the newspapers, and on occasion offers a timely opportunity to Roukey served in the U.S. Army infan- the campaign trail. But here, where we reflect on the state of our bilateral re- try in South Korea and Egypt. He was work day in and day out, we are sur- lationship with Taiwan, which has been a respected teammate in the Reserves rounded by thousands of hardworking a cooperative and warm relationship and at the Portland Post Office, where and dedicated people who mostly toil over many decades. he worked as a civilian, and he enjoyed in anonymity. They are the fabric of In this rapidly evolving 21st-century hiking and sharing stories about his the community here. They are the ones global economy and with Taiwan’s eco- family. who keep the Senate functioning. We nomic significance having steadily It is fitting for the DIA and for all of have our own staff, and the committees grown, it is important for our two na- us to honor Sergeant Roukey so close have staff, and leadership has staff, and tions to further resolve our bilateral to Veterans Day, as well as all of the there are the floor and cloakroom trade issues. While some progress has men and women who have sacrificed so staffs and the Parliamentarian and been made through our trade and in- much in defense of America and Amer- Senate legislative counsel and the Bill vestment framework agreement, the ican values, including our military in- Clerk and the Senate reporters, and so continued resolution of outstanding telligence professionals. Prior to to- on. But we also have Capitol Police, trade issues could help pave the way day’s ceremony, the memorial at DIA who protect all of us and the thousands for even deeper ties, including the pos- honored 21 individuals for their ulti- of people who visit the Capitol campus sibility of a bilateral investment agree- mate sacrifice. Now the memorial hon- daily. We have plumbers and elec- ment. ors 25 individuals. Today we commemo- tricians and carpenters and painters. Concurrently, the U.S. Trade Rep- rate Sergeant Roukey and the other We have people who man the elevators resentative recently wrapped up the servicemembers honored with him, as and the subways and help guide the 19th round of negotiations of the well as all of those who have served public through the buildings and up Trans-Pacific Partnership. I welcome under the flag of the United States of into the Galleries. And we have people Taiwan’s interest in the TPP—an in- America. who work in the cafeterias, including terest that we hope will serve as a cat- f the Senate Carryout in the basement of alyst for Taiwan to continue making this building. progress toward meeting its existing REMEMBERING MASTER I eat lunch at the Senate Carryout trade commitments so that it may be SERGEANT MICHAEL LANDSBERRY frequently because it is convenient and in a position to meet the higher level Mr. HELLER. Mr. President, today I because the food is excellent. It is real- requirements of the TPP. wish to honor one of Nevada’s own vet- ly home cooking. And I always enjoyed Taiwan continues to be an important erans, MSgt Michael Landsberry, who catching up with ‘‘Mr. Ivey,’’ as every- friend and ally of the United States, died a hero’s death in Sparks, NV, on one knew him. But it wasn’t just his and we look forward to strengthening October 21, 2013. After spotting a stu- culinary skills that we will miss. Mr. those ties. dent with a gun at Sparks Middle

VerDate Mar 15 2010 01:59 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.054 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE November 7, 2013 CONGRESSIONAL RECORD — SENATE S7925 School, Master Sergeant Landsberry turing, medical, and, more recently, Welcome Home Ticker Tape parade at moved directly into harm’s way to pro- high-tech sectors of the local economy. Mobile Airport. tect his students and others from dan- It has provided area businesses with COL Pat Downing, the Director of ger. He was fatally shot. This patriot numerous opportunities to market Guardian Training, was charged with leaves behind a legacy of self-sacrifice themselves, increase their customer the most responsible position on the and service to his country and commu- base, network with prospective busi- team, that of presenting an in-depth nity. ness partners, cut costs, and share best safety training program to all guard- Master Sergeant Landsberry was an practices. As New Britain’s population ians, thereby allaying any fear on the Alabama native, a graduate of growth soared during the first half of part of the families in releasing their McQueen High School, a U.S. Marine the 20th century, the Chamber also ac- loved ones for flight day. Corps veteran, a University of Nevada tively embraced diversity, helping to Ms. Ann Eubanks, the director of the Reno alumnus, and a decorated master ensure that immigrant entrepreneurs Medical Support Staff for Springhill sergeant Nevada Guard airman. In 2001, had the necessary support and re- Hospital, who was in charge of coordi- Master Sergeant Landsberry enlisted sources to open countless new busi- nation of comprehensive medical sup- in the Nevada Air National Guard and nesses throughout the city. port for our WWII veterans. subsequently began working for the New Britain, CT, has had a long and Ms. Tina McGrath, the director of Washoe County School District. He storied industrial history. By 1913, New Administration, who organized and began his teaching career at Trainer Britain manufacturers were producing documented all of the administrative Middle School, where he spent 4 years more than 300 kinds of products, and and financial information for the teaching history, math, and science. In the community had become known as Honor Flight Program. 2006, he started teaching math at the ‘‘The Hardware City.’’ For the past COL John New, the director of Secu- Sparks Middle School. Throughout his 100 years, the Greater New Britain rity, who organized all of the security tenure as a teacher, Master Sergeant Chamber of Commerce has helped to arrangements between Mobile Regional Landsberry served as a coach in his build upon that proud industrial leg- and Washington Reagan airports and community for middle school basket- acy. As a result, in reflection of its served as the liaison with the National ball, cross country, track, and century-long dedication to the busi- Park Service for all memorials. volleyball, as well as high school soc- nesses of New Britain and the region, I CDR Pete Riehm, the director of Op- cer. He was a passionate teacher, am proud to honor the 100-year anni- erations, who designed, organized, and coach, and mentor who touched the versary of the Greater New Britain maintained order for every phase of lives of his students and those in the Chamber of Commerce, its commit- Honor Flight South Alabama activi- community each and every day. ment to serving its member companies, ties. In 2006, Master Sergeant Landsberry and the important role it has played Finally, Dr. Barry L. Booth, the di- deployed to Camp Arifjan, Kuwait, advancing the welfare of the commu- rector of the Veteran-Guardian Pro- where he performed duties as an airlift nity at large.∑ gram, who coordinated the assignment validator for the Central Command De- f of all veterans and guardians and as- ployment and Distribution Center. He sisted in fund-raising activities. WORLD WAR II VETERANS VISIT deployed again in 2011 to Bagram Air- Without these patriotic men and field in Afghanistan, executing air ∑ Mr. SESSIONS. Mr. President, today women stepping up to organize this transportation functions for the 455th I wish to pay tribute to Honor Flight wonderful program, many of the WWII Expeditionary Aerial Port Squadron. South Alabama, a truly great branch of veterans in the region would not have Throughout his career, Master Ser- a great organization which is dedicated had the opportunity to visit their cap- geant Landsberry was extensively to bringing our World War II veterans ital and see the memorial they so rich- decorated, signifying his strong work to their memorial in Washington, DC. ly deserve. I am grateful to all of those ethic and commitment to service. Honor Flight South Alabama has who contributed to the Honor Flight Today, I also want to recognize and brought over 1,000 veterans and their programs throughout the country and express my gratitude to Master Ser- companions to the World War II Memo- to those veterans who fought to pre- geant Landsberry’s family. The sac- rial created in their honor and located serve the freedoms we enjoy today.∑ rifices of our servicemembers and their in Washington, DC. The World War II f Memorial honors the 16 million vet- families are debts that can never fully TRIBUTE TO JOHN BENJAMIN be repaid. My thoughts and prayers erans who served in the Armed Forces ∑ continue to go out to his wife, Sharon, of the United States, the more than Mr. UDALL of New Mexico. Mr. and his two daughters, Alisa and An- 400,000 who died, and all who supported President, one of the great natural drea. This tragedy is one that all of us the war effort from home. treasures of my State, and of our Na- struggle to understand, but we will They are truly a remarkable breed of tion, is Carlsbad Caverns National continue to remember Master Sergeant patriots. They endured and survived Park. Underneath the Guadalupe Landsberry as a great and honorable the biggest war in the history of the Mountains, in southeastern New Mex- man and father. Today, I ask my col- world, and deserve such a great memo- ico, lies one of the most spectacular leagues to join me in remembering the rial in their honor. This Nation owes a caverns in the world. Will Rogers fa- life of a courageous patriot whose act debt of gratitude for the sacrifices of mously called it ‘‘the Grand Canyon of heroism cost him his life but saved these Americans, who left their fami- with a roof on it.’’ many more. lies and lives behind to go ‘‘fight the Since 2004, the park has been well good fight.’’ served by Superintendent John Ben- f The veterans I have spoken to are so jamin. I rise today to congratulate ADDITIONAL STATEMENTS positive and enjoy the visit so much. It John on his retirement after 45 years is remarkable. To be recognized this with the National Park Service. way has meant so much to them. I John’s tenure with the Park Service GREATER NEW BRITAIN CHAMBER have taken great pleasure in having has been a remarkable journey, and he OF COMMERCE the chance to share in the fellowship of has served with distinction every step ∑ Mr. MURPHY. Mr. President, I rise these veterans. of the way. He graduated from Syra- today to commemorate the 100th anni- As in any great organization, there cuse University with a bachelor’s de- versary of the Greater New Britain are many wonderful leaders who should gree in resource management and a Chamber of Commerce. be recognized. I wish to take a moment master’s degree in forestry. He then Founded in 1913, the Greater New to appreciate a few of the directors of began his career at NPS in 1968 as a Britain Chamber of Commerce has been Honor Flight South Alabama. park naturalist at Dinosaur National the business voice of New Britain, CT, Ms. Margaret Coley, the Director of Monument in Colorado and Utah. for 100 years. Throughout its existence, Volunteer Activities and School Sup- For over four decades, John has been the Chamber has tirelessly encouraged port Systems, had the responsibility of an exemplary public servant at Amer- the growth and success of the manufac- the in-flight mail call program and ica’s greatest wilderness and recreation

VerDate Mar 15 2010 01:05 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.041 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE S7926 CONGRESSIONAL RECORD — SENATE November 7, 2013 areas, including Lake Mead, Glacier EC–3517. A communication from the Acting EC–3526. A communication from the Asso- National Park, Glen Canyon, the Ever- Commissioner of the Social Security Admin- ciate General Counsel for General Law, De- glades National Park, and the Grand istration, transmitting, pursuant to law, the partment of Homeland Security, transmit- Canyon. He served as deputy super- Administration’s Annual Report of Payment ting, pursuant to law, a report relative to a Recapture Audits; to the Committee on Fi- vacancy in the position of General Counsel, intendent at Boston National Histor- nance. Department of Homeland Security, received ical Park and Boston African American EC–3518. A communication from the Direc- during adjournment of the Senate in the Of- National Historic Site, and as super- tor, Office of Regulations and Reports Clear- fice of the President of the Senate on No- intendent of Lake Meredith National ance, Social Security Administration, trans- vember 1, 2013; to the Committee on Home- Recreation Area, prior to his time at mitting, pursuant to law, the report of a rule land Security and Governmental Affairs. Carlsbad Caverns. entitled ‘‘Extension of the Expiration Date EC–3527. A communication from the Presi- Throughout his career, John has re- for State Disability Examiner Authority to dent and Chief Executive Officer, Overseas Make Fully Favorable Quick Disability De- Private Investment Corporation, transmit- flected that he enjoyed every job he terminations and Compassionate Allow- ting, pursuant to law, a report relative to its had and particularly his role as a men- ances’’ (RIN0960–AH59) received in the Office audit and investigative activities; to the tor to others who would go on to serve of the President of the Senate on November Committee on Homeland Security and Gov- the Park Service and the American 4, 2013; to the Committee on Finance. ernmental Affairs. people with the same dedication that EC–3519. A communication from the Pro- EC–3528. A communication from the Acting he has demonstrated for so many gram Manager, Centers for Medicare and Senior Procurement Executive, Office of Ac- years. Medicaid Services, Department of Health quisition Policy, General Services Adminis- and Human Services, transmitting, pursuant tration, transmitting, pursuant to law, the In his book, The Quiet Crisis, my dad to law, the report of a rule entitled ‘‘Patient report of a rule entitled ‘‘Federal Acquisi- wrote the following: Protection and Affordable Care Act; Pro- tion Regulation; Federal Acquisition Cir- Each generation has its own rendezvous gram Integrity: Exchange, Premium Sta- cular 2005–70; Small Entity Compliance with the land, for despite our fee titles and bilization Programs, and Market Standards; Guide’’ (FAC 2005–70) received in the Office of claims of ownership, we are all brief tenants Amendments to the HHS Notice of Benefit the President of the Senate on October 30, on this planet. By choice, or by default, we and Payment Parameters for 2014’’ (RIN0938– 2013; to the Committee on Homeland Secu- will carve out a land legacy for our heirs. We AR82; RIN0938–AR74) received in the Office of rity and Governmental Affairs. can misuse the land and diminish the useful- the President of the Senate on October 29, EC–3529. A communication from the Presi- ness of resources, or we can create a world in 2013; to the Committee on Finance. dent of the United States, transmitting, pur- which physical affluence and affluence of the EC–3520. A communication from the Assist- suant to law, the District of Columbia’s fis- spirit go hand in hand. ant Director of the Legal Processing Divi- cal year 2014 Budget and Financial Plan; to Public servants like John Benjamin sion, Internal Revenue Service, Department the Committee on Homeland Security and of the Treasury, transmitting, pursuant to Governmental Affairs. make sure that our ‘‘rendezvous with law, the report of a rule entitled ‘‘Credit for EC–3530. A communication from the Chair- the land’’ is a noble one and that our Production from Advanced Nuclear Facili- man of the Federal Labor Relations Author- national treasures will be safeguarded ties’’ (Notice 2013–68) received in the Office of ity, transmitting, pursuant to law, the Office for generations to come. John can look the President of the Senate on November 4, of Inspector General Semiannual Report for back on a career of great accomplish- 2013; to the Committee on Finance. the period of April 1, 2013 through September ment and service. He exemplifies a leg- EC–3521. A communication from the Chief 30, 2013; to the Committee on Homeland Se- acy of professionalism and commit- of the Publications and Regulations Branch, curity and Governmental Affairs. EC–3531. A communication from the Chair- ment that will continue to inspire oth- Internal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the man of the Board of Governors, Federal Re- ers. I wish him and his wife, Deborah, report of a rule entitled ‘‘Announcement of serve System, transmitting, pursuant to law, much happiness in all their future en- the Results of the 2012–2013 Phase III Alloca- the Inspector General’s Semiannual Report deavors.∑ tion Round of the Qualifying Advanced Coal for the six-month period from April 1, 2013 f Project Program’’ (Announcement 2013–43) through September 30, 2013; to the Com- received in the Office of the President of the mittee on Homeland Security and Govern- MESSAGES FROM THE PRESIDENT Senate on November 4, 2013; to the Com- mental Affairs. Messages from the President of the mittee on Finance. EC–3532. A communication from the Pro- United States were communicated to EC–3522. A communication from the Chief gram Manager, Office of the National Coordi- of the Publications and Regulations Branch, nator for Health Information Technology, the Senate by Mr. Pate, one of his sec- Internal Revenue Service, Department of the Department of Health and Human Services, retaries. Treasury, transmitting, pursuant to law, the transmitting, pursuant to law, the report of f report of a rule entitled ‘‘Update of Weighted a rule entitled ‘‘2014 Edition Electronic Average Interest Rates, Yield Curves, and Health Record Certification Criteria: Revi- EXECUTIVE MESSAGES REFERRED Segment Rates’’ (Notice 2013–66) received in sion to the Definition of ‘Common Meaning- As in executive session the Presiding the Office of the President of the Senate on ful Use (MU) Data Set’ ’’ (RIN0991–AB91) re- Officer laid before the Senate messages November 4, 2013; to the Committee on Fi- ceived in the Office of the President of the from the President of the United nance. Senate on November 4, 2013; to the Com- EC–3523. A communication from the Chief States submitting sundry nominations mittee on Health, Education, Labor, and of the Publications and Regulations Branch, Pensions. and withdrawals which were referred to Internal Revenue Service, Department of the EC–3533. A communication from the Sec- the appropriate committees. Treasury, transmitting, pursuant to law, the retary of Health and Human Services, trans- (The messages received today are report of a rule entitled ‘‘2014 Cost-of-Living mitting, pursuant to law, a report relative to printed at the end of the Senate pro- Adjustments to the Internal Revenue Code the Food and Drug Administration Safety ceedings.) Tax Tables and Other Items’’ (Rev. Proc. and Innovation Act of 2012 (FDASIA); to the 2013–35) received in the Office of the Presi- Committee on Health, Education, Labor, and f dent of the Senate on November 4, 2013; to Pensions. MEASURES READ THE FIRST TIME the Committee on Finance. EC–3534. A communication from the Sec- EC–3524. A communication from the Chief retary of Education, transmitting, pursuant The following bill was read the first of the Publications and Regulations Branch, to law, the report of a rule entitled ‘‘Student time: Internal Revenue Service, Department of the Assistance General Provisions, Federal Per- S. 1661. A bill to require the Secretary of Treasury, transmitting, pursuant to law, the kins Loan Program, Federal Family Edu- State to offer rewards of up to $5,000,000 for report of a rule entitled ‘‘Q and A Tax Cred- cation Loan Program, and William D. Ford information regarding the attacks on the its for Sections 25C and 25D’’ (Notice 2013–70) Federal Loan Program’’ (RIN1840–AD12) re- United States diplomatic mission at received in the Office of the President of the ceived in the Office of the President of the Benghazi, Libya that began on September 11, Senate on November 4, 2013; to the Com- Senate on November 6, 2013; to the Com- 2012. mittee on Finance. mittee on Health, Education, Labor, and EC–3525. A communication from the Chief f Pensions. of the Publications and Regulations Branch, EC–3535. A communication from the Gen- EXECUTIVE AND OTHER Internal Revenue Service, Department of the eral Counsel, Pension Benefit Guaranty Cor- COMMUNICATIONS Treasury, transmitting, pursuant to law, the poration, transmitting, pursuant to law, the report of a rule entitled ‘‘FFI Agreement for report of a rule entitled ‘‘Benefits Payable in The following communications were Participating FFI and Reporting Model 2 Terminated Single-Employer Plans; Interest laid before the Senate, together with FFI’’ (Notice 2013–69) received in the Office Assumptions for Valuing and Paying Bene- accompanying papers, reports, and doc- of the President of the Senate on November fits’’ (29 CFR Part 4022) received in the Office uments, and were referred as indicated: 4, 2013; to the Committee on Finance. of the President of the Senate on November

VerDate Mar 15 2010 02:07 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\CR\FM\G07NO6.034 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE November 7, 2013 CONGRESSIONAL RECORD — SENATE S7927 6, 2013; to the Committee on Health, Edu- and convicted offenders, to improve and ex- impact of certain mental and physical trau- cation, Labor, and Pensions. pand the DNA testing capacity of Federal, ma on the discharge of members of the EC–3536. A communication from the Sec- State, and local crime laboratories, to in- Armed Forces for misconduct; to the Com- retary of the Senate, transmitting, pursuant crease research and development of new DNA mittee on Armed Services. to law, the report of the receipts and expend- testing technologies, to develop new training By Mr. HEINRICH (for himself and Mr. itures of the Senate for the period from April programs regarding the collection and use of VITTER): 1, 2013 through September 30, 2013, received DNA evidence, to provide post conviction S. 1669. A bill to provide for proper reim- in the Office of the President of the Senate testing of DNA evidence to exonerate the in- bursement of the Department of Defense for on November 7, 2013; ordered to lie on the nocent, to improve the performance of coun- assistance provided to nongovernmental en- table. sel in State capital cases, and for other pur- tertainment-oriented media producers; to EC–3537. A communication from the Direc- poses. the Committee on Armed Services. tor of the Regulatory Management Division, f By Mr. GRAHAM (for himself, Mr. Environmental Protection Agency, transmit- MCCONNELL, Mr. CORNYN, Mr. THUNE, ting, pursuant to law, the report of a rule en- INTRODUCTION OF BILLS AND Mr. BARRASSO, Mr. BLUNT, Mr. titled ‘‘Boscalid; Pesticide Tolerances’’ (FRL JOINT RESOLUTIONS MORAN, Mr. PORTMAN, Mr. SCOTT, Mr. No. 9401–5) received in the Office of the Presi- HATCH, Mr. GRASSLEY, Mr. RUBIO, Mr. dent of the Senate on November 6, 2013; to The following bills and joint resolu- CRUZ, Mr. ROBERTS, Mr. INHOFE, Mr. the Committee on Agriculture, Nutrition, tions were introduced, read the first VITTER, Mr. HOEVEN, Mr. JOHANNS, and Forestry. and second times by unanimous con- Mr. BOOZMAN, Mr. CRAPO, Mr. CHAM- EC–3538. A communication from the Direc- sent, and referred as indicated: BLISS, Mr. MCCAIN, Mr. ENZI, Mr. tor of the Regulatory Management Division, By Mr. CRUZ (for himself, Mr. GRA- RISCH, Mr. COATS, Mr. COBURN, Mr. Environmental Protection Agency, transmit- HAM, and Mr. INHOFE): BURR, Mr. JOHNSON of Wisconsin, Mr. ting, pursuant to law, the report of a rule en- S. 1661. A bill to require the Secretary of COCHRAN, Mr. WICKER, Mr. ISAKSON, titled ‘‘FD and C Green No. 3; Exemption State to offer rewards of up to $5,000,000 for Mrs. FISCHER, Mr. SHELBY, Mr. from the Requirement of a Tolerance’’ (FRL information regarding the attacks on the FLAKE, Ms. AYOTTE, Mr. SESSIONS, No. 9402–7) received in the Office of the Presi- United States diplomatic mission at and Mr. LEE): dent of the Senate on November 6, 2013; to Benghazi, Libya that began on September 11, S. 1670. A bill to amend title 18, United the Committee on Agriculture, Nutrition, 2012; read the first time. and Forestry. States Code, to protect pain-capable unborn By Mr. MCCONNELL: EC–3539. A communication from the Direc- children, and for other purposes; to the Com- S. 1662. A bill to provide for the introduc- tor of the Regulatory Management Division, mittee on the Judiciary. tion of pay-for-performance compensation Environmental Protection Agency, transmit- By Mr. MANCHIN (for himself and Mr. mechanisms into contracts of the Depart- ting, pursuant to law, the report of a rule en- KIRK): ment of Veterans Affairs with community- titled ‘‘Prothioconazole; Pesticide Toler- based outpatient clinics for the provision of S. 1671. A bill to delay the implementation ances’’ (FRL No. 9400–4) received in the Of- health care services, and for other purposes; of the individual health coverage mandate fice of the President of the Senate on No- to the Committee on Veterans’ Affairs. under the Patient Protection and Affordable vember 6, 2013; to the Committee on Agri- By Mr. PAUL: Care Act; to the Committee on Finance. culture, Nutrition, and Forestry. S. 1663. A bill to end the unconstitutional By Mr. NELSON (for himself, Mr. EC–3540. A communication from the Direc- delegation of legislative power which was ex- GRASSLEY, Mr. ROCKEFELLER, and Mr. tor of the Regulatory Review Group, Farm clusively vested in the Senate and House of ENZI): Service Agency, Department of Agriculture, Representatives by article I, section 1 of the transmitting, pursuant to law, the report of S. 1672. A bill to amend title XIX of the So- Constitution of the United States, and to di- a rule entitled ‘‘Farm Loan Programs; Clari- cial Security Act to empower individuals rect the Comptroller General of the United fication and Improvement’’ (RIN0560–AI14) with disabilities to establish their own sup- States to issue a report to Congress detailing received in the Office of the President of the plemental needs trusts; to the Committee on the extent of the problem of unconstitu- Senate on August 1, 2013; to the Committee Finance. tional delegation to the end that such dele- on Agriculture, Nutrition, and Forestry. By Mr. FRANKEN: gations can be phased out, thereby restoring EC–3541. A communication from the Dep- S. 1673. A bill to help States develop and the constitutional principle of separation of uty Secretary of the Commodity Futures improve the qualifications and training of powers set forth in the first sections of the Trading Commission, transmitting, pursuant their early childhood educator workforce; to Constitution of the United States; to the to law, the report of a rule entitled ‘‘Swap the Committee on Health, Education, Labor, Committee on Homeland Security and Gov- Dealers and Major Swap Participants; Cler- and Pensions. ernmental Affairs. ical or Ministerial Employees’’ (RIN3038– By Mr. FRANKEN: By Mr. PAUL: AE00) received in the Office of the President S. 1664. A bill to end the practice of includ- S. 1674. A bill to help establish, enhance, of the Senate on November 6, 2013; to the ing more than one subject in a single bill by and increase access to early childhood parent Committee on Agriculture, Nutrition, and requiring that each bill enacted by Congress education and family engagement programs, Forestry. and for other purposes; to the Committee on EC–3542. A communication from the Chief be limited to only one subject, and for other purposes; to the Committee on Rules and Ad- Health, Education, Labor, and Pensions. Counsel, Federal Emergency Management By Mr. WHITEHOUSE: Agency, Department of Homeland Security, ministration. transmitting, pursuant to law, the report of By Mr. PAUL: S. 1675. A bill to reduce recidivism and in- a rule entitled ‘‘Suspension of Community S. 1665. A bill to preserve the constitu- crease public safety, and for other purposes; Eligibility’’ ((44 CFR Part 64) (Docket No. tional authority of Congress and ensure ac- to the Committee on the Judiciary. FEMA–2013–0002)) received in the Office of countability and transparency in legislation; By Mr. BENNET (for himself, Mr. VIT- the President of the Senate on November 6, to the Committee on Rules and Administra- TER, Mr. WICKER, Mr. HEINRICH, Mr. 2013; to the Committee on Banking, Housing, tion. SHELBY, and Mr. NELSON): and Urban Affairs. By Mr. RUBIO (for himself, Mr. BOOZ- S. 1676. A bill to exempt certain payments EC–3543. A communication from the Direc- MAN, Mr. COCHRAN, Mr. INHOFE, Mr. to States from sequestration; to the Com- tor, Community Development Financial In- MCCONNELL, Mr. ROBERTS, and Mr. mittee on the Budget. stitutions Fund, Department of the Treas- FLAKE): S. 1666. A bill to amend the Patient Protec- ury, transmitting, pursuant to law, the re- f port of a rule entitled ‘‘Modification of Fi- tion and Affordable Care Act to improve the nancial Reporting Requirements for Non- patient navigator program; to the Com- Profit Organizations’’ received in the Office mittee on Health, Education, Labor, and SUBMISSION OF CONCURRENT AND of the President of the Senate on November Pensions. SENATE RESOLUTIONS 6, 2013; to the Committee on Banking, Hous- By Mr. VITTER (for himself, Mr. HELL- ing, and Urban Affairs. ER, Mr. KIRK, Mr. CORNYN, Mr. BAR- The following concurrent resolutions RASSO, Mr. TOOMEY, and Mr. ENZI): f and Senate resolutions were read, and S. 1667. A bill to amend the Consumer Fi- referred (or acted upon), as indicated: REPORTS OF COMMITTEES nancial Protection Act of 2010 to provide consumers with a free annual disclosure of By Mr. BEGICH (for himself and Mr. The following reports of committees information the Bureau of Consumer Finan- BENNET): were submitted: cial Protection maintains on them, and for S. Res. 289. A resolution expressing the By Mr. LEAHY, from the Committee on other purposes; to the Committee on Bank- sense of the Senate that ambush marketing the Judiciary, with amendments: ing, Housing, and Urban Affairs. adversely affects the United States Olympic S. 822. A bill to protect crime victims’ By Mr. BENNET: and Paralympic teams and should be discour- rights, to eliminate the substantial backlog S. 1668. A bill to require a Comptroller aged; to the Committee on Commerce, of DNA samples collected from crime scenes General of the United States report on the Science, and Transportation.

VerDate Mar 15 2010 01:05 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\CR\FM\A07NO6.014 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE S7928 CONGRESSIONAL RECORD — SENATE November 7, 2013 ADDITIONAL COSPONSORS shire (Mrs. SHAHEEN) was added as a co- Code of 1986 to exempt certain stock of S. 84 sponsor of S. 718, a bill to create jobs in real estate investment trusts from the At the request of Ms. MIKULSKI, the the United States by increasing United tax on foreign investments in United name of the Senator from Massachu- States exports to Africa by at least 200 States real property interests, and for setts (Mr. MARKEY) was added as a co- percent in real dollar value within 10 other purposes. sponsor of S. 84, a bill to amend the years, and for other purposes. S. 1320 Fair Labor Standards Act of 1938 to S. 822 At the request of Mr. DONNELLY, the provide more effective remedies to vic- At the request of Mr. LEAHY, the name of the Senator from Arkansas tims of discrimination in the payment names of the Senator from New York (Mr. BOOZMAN) was added as a cospon- of wages on the basis of sex, and for (Mr. SCHUMER) and the Senator from sor of S. 1320, a bill to establish a other purposes. Louisiana (Ms. LANDRIEU) were added tiered hiring preference for members of S. 367 as cosponsors of S. 822, a bill to protect the reserve components of the armed At the request of Mr. CARDIN, the crime victims’ rights, to eliminate the forces. name of the Senator from Nevada (Mr. substantial backlog of DNA samples S. 1332 HELLER) was added as a cosponsor of S. collected from crime scenes and con- At the request of Ms. COLLINS, the 367, a bill to amend title XVIII of the victed offenders, to improve and ex- name of the Senator from Alaska (Ms. Social Security Act to repeal the Medi- pand the DNA testing capacity of Fed- MURKOWSKI) was added as a cosponsor care outpatient rehabilitation therapy eral, State, and local crime labora- of S. 1332, a bill to amend title XVIII of caps. tories, to increase research and devel- the Social Security Act to ensure more S. 381 opment of new DNA testing tech- timely access to home health services At the request of Mr. BROWN, the nologies, to develop new training pro- for Medicare beneficiaries under the name of the Senator from New York grams regarding the collection and use Medicare program. (Mr. SCHUMER) was added as a cospon- of DNA evidence, to provide post con- S. 1335 sor of S. 381, a bill to award a Congres- viction testing of DNA evidence to ex- At the request of Ms. MURKOWSKI, the sional Gold Medal to the World War II onerate the innocent, to improve the name of the Senator from Kentucky members of the ‘‘Doolittle Tokyo Raid- performance of counsel in State capital (Mr. MCCONNELL) was added as a co- ers’’, for outstanding heroism, valor, cases, and for other purposes. sponsor of S. 1335, a bill to protect and skill, and service to the United States S. 825 enhance opportunities for recreational in conducting the bombings of Tokyo. At the request of Mr. SANDERS, the hunting, fishing, and shooting, and for S. 603 name of the Senator from Ohio (Mr. other purposes. At the request of Mr. BARRASSO, the BROWN) was added as a cosponsor of S. S. 1456 name of the Senator from Illinois (Mr. 825, a bill to amend title 38, United At the request of Ms. AYOTTE, the KIRK) was added as a cosponsor of S. States Code, to improve the provision name of the Senator from Texas (Mr. 603, a bill to repeal the annual fee on of services for homeless veterans, and CRUZ) was added as a cosponsor of S. health insurance providers enacted by for other purposes. 1456, a bill to award the Congressional the Patient Protection and Affordable S. 942 Gold Medal to Shimon Peres. Care Act. At the request of Mr. CARDIN, his S. 1525 S. 695 name was added as a cosponsor of S. At the request of Mr. HATCH, the At the request of Mr. BOOZMAN, the 942, a bill to eliminate discrimination name of the Senator from New Hamp- name of the Senator from Iowa (Mr. and promote women’s health and eco- shire (Ms. AYOTTE) was added as a co- HARKIN) was added as a cosponsor of S. nomic security by ensuring reasonable sponsor of S. 1525, a bill to ensure that 695, a bill to amend title 38, United workplace accommodations for work- the personal and private information of States Code, to extend the authoriza- ers whose ability to perform the func- Americans enrolling in Exchanges es- tion of appropriations for the Sec- tions of a job are limited by pregnancy, tablished under the Patient Protection retary of Veterans Affairs to pay a childbirth, or a related medical condi- and Affordable Care Act is secured with monthly assistance allowance to dis- tion. proper privacy and data security safe- abled veterans training or competing guards. S. 971 for the Paralympic Team and the au- S. 1530 At the request of Mr. WYDEN, the thorization of appropriations for the name of the Senator from Wisconsin At the request of Ms. LANDRIEU, the Secretary of Veterans Affairs to pro- names of the Senator from Delaware (Ms. BALDWIN) was added as a cospon- vide assistance to United States sor of S. 971, a bill to amend the Fed- (Mr. COONS), the Senator from Massa- Paralympics, Inc., and for other pur- eral Water Pollution Control Act to ex- chusetts (Mr. MARKEY) and the Senator poses. empt the conduct of silvicultural ac- from Hawaii (Mr. SCHATZ) were added S. 700 tivities from national pollutant dis- as cosponsors of S. 1530, a bill to re- At the request of Mr. KAINE, the charge elimination system permitting align structures and reallocate re- name of the Senator from Wisconsin requirements. sources in the Federal Government, in (Ms. BALDWIN) was added as a cospon- keeping with the core American belief sor of S. 700, a bill to ensure that the S. 1143 that families are the best protection education and training provided mem- At the request of Mr. TESTER, the for children and the bedrock of any so- bers of the Armed Forces and veterans name of the Senator from Hawaii (Mr. ciety, to bolster United States diplo- better assists members and veterans in SCHATZ) was added as a cosponsor of S. macy and assistance targeted at ensur- obtaining civilian certifications and li- 1143, a bill to amend title XVIII of the ing that every child can grow up in a censes, and for other purposes. Social Security Act with respect to permanent, safe, nurturing, and loving physician supervision of therapeutic S. 709 family, and to strengthen intercountry hospital outpatient services. At the request of Ms. STABENOW, the adoption to the United States and name of the Senator from Wisconsin S. 1174 around the world and ensure that it be- (Ms. BALDWIN) was added as a cospon- At the request of Mr. BLUMENTHAL, comes a viable and fully developed op- sor of S. 709, a bill to amend title XVIII the name of the Senator from Texas tion for providing families for children of the Social Security Act to increase (Mr. CRUZ) was added as a cosponsor of in need, and for other purposes. diagnosis of Alzheimer’s disease and re- S. 1174, a bill to award a Congressional S. 1589 lated dementias, leading to better care Gold Medal to the 65th Infantry Regi- At the request of Mr. BURR, the name and outcomes for Americans living ment, known as the Borinqueneers. of the Senator from Pennsylvania (Mr. with Alzheimer’s disease and related S. 1181 CASEY) was added as a cosponsor of S. dementias. At the request of Mr. ENZI, the name 1589, a bill to amend title 38, United S. 718 of the Senator from Idaho (Mr. RISCH) States Code, to require the Secretary At the request of Mr. DURBIN, the was added as a cosponsor of S. 1181, a of Veterans Affairs to ensure the De- name of the Senator from New Hamp- bill to amend the Internal Revenue partment of Veterans Affairs has an

VerDate Mar 15 2010 01:05 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\CR\FM\A07NO6.015 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE November 7, 2013 CONGRESSIONAL RECORD — SENATE S7929 up-to-date policy on reporting of cases S. RES. 284 SEC. 3. PAY-FOR-PERFORMANCE UNDER DEPART- MENT OF VETERANS AFFAIRS CON- of infectious diseases, to require an At the request of Mr. RISCH, the TRACTS WITH COMMUNITY-BASED independent assessment of the Vet- name of the Senator from Kansas (Mr. OUTPATIENT HEALTH CARE CLIN- erans Integrated Service Networks and MORAN) was added as a cosponsor of S. ICS. medical centers of the Department, and Res. 284, a resolution calling on the (a) PLAN REQUIRED.—Not later than one for other purposes. Government of Iran to immediately re- year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall S. 1592 lease Saeed Abedini and all other indi- viduals detained on account of their re- submit to Congress a plan to introduce pay- At the request of Mr. RUBIO, the for-performance measures into contracts names of the Senator from Missouri ligious beliefs. which compensate contractors of the Depart- (Mr. BLUNT) and the Senator from ment of Veterans Affairs for the provision of f Alaska (Ms. MURKOWSKI) were added as health care services through community- cosponsors of S. 1592, a bill to provide based outpatient clinics (CBOCs). for a delay of the individual mandate STATEMENTS ON INTRODUCED (b) ELEMENTS.—The plan required by sub- under the Patient Protection and Af- BILLS AND JOINT RESOLUTIONS section (a) shall include the following: (1) Measures to ensure that contracts of fordable Care Act until the American By Mr. MCCONNELL: the Department for the provision of health Health Benefit Exchanges are func- S. 1662. A bill to provide for the in- care services through CBOCs begin to utilize tioning properly. troduction of pay-for-performance pay-for-performance compensation mecha- S. 1610 compensation mechanisms into con- nisms for compensating contractors for the At the request of Mr. MENENDEZ, the tracts of the Department of Veterans provision of such services through such clin- name of the Senator from Pennsyl- Affairs with community-based out- ics, including mechanisms as follows: (A) To provide incentives for clinics that vania (Mr. CASEY) was added as a co- patient clinics for the provision of health care services, and for other pur- provide high-quality health care. sponsor of S. 1610, a bill to delay the (B) To provide incentives to better assure implementation of certain provisions poses; to the Committee on Veterans’ patient satisfaction. of the Biggert-Waters Flood Insurance Affairs. (C) To impose penalties (including termi- Reform Act of 2012, and for other pur- Mr. MCCONNELL. Mr. President, I nation of contract) for clinics that provide poses. ask unanimous consent that the text of substandard care. ECORD (2) Mechanisms to collect and evaluate S. 1642 the bill be printed in the R . There being no objection, the text of data on the outcomes of the services gen- At the request of Ms. LANDRIEU, the the bill was ordered to be printed in erally provided by CBOCs in order to provide names of the Senator from North Caro- for an assessment of the quality of health the RECORD, as follows: lina (Mrs. HAGAN) and the Senator care provided by such clinics. from Arkansas (Mr. PRYOR) were added S. 1662 (3) Mechanisms to eliminate abuses in the as cosponsors of S. 1642, a bill to permit Be it enacted by the Senate and House of Rep- provision of health care services by CBOCs the continuation of certain health resentatives of the United States of America in under contracts that continue to utilize plans. Congress assembled, capitated-basis compensation mechanisms for compensating contractors. SECTION 1. SHORT TITLE. S. 1647 (4) Mechanisms to ensure that veterans are This Act may be cited as the ‘‘Veterans At the request of Mr. ROBERTS, the not denied care or face undue delays in re- Health Care Improvement Act of 2013’’. name of the Senator from Florida (Mr. ceiving care. SEC. 2. FINDINGS. RUBIO) was added as a cosponsor of S. (c) IMPLEMENTATION.—The Secretary shall Congress makes the following findings: commence the implementation of the plan 1647, a bill to amend the Patient Pro- (1) Veterans of the Armed Forces have tection and Affordable Care Act to re- on the date that is 60 days after the date of made tremendous sacrifices in the defense of the submittal of the plan. In implementing peal distributions for medicine quali- freedom and liberty. the plan, the Secretary may initially carry fied only if for prescribed drug or insu- (2) Congress recognizes these great sac- out one or more pilot programs to assess the lin. rifices and reaffirms America’s strong com- feasibility and advisability of mechanisms mitment to its veterans. S. RES. 75 under the plan. (3) As part of the on-going congressional (d) REPORTS.—Not later than 180 days after At the request of Mr. KIRK, the name effort to recognize the sacrifices made by the date of the enactment of this Act and of the Senator from Arkansas (Mr. America’s veterans, Congress has dramati- every 180 days thereafter, the Secretary shall PRYOR) was added as a cosponsor of S. cally increased funding for the Department submit to Congress a report setting forth the Res. 75, a resolution condemning the of Veterans Affairs for veterans health care recommendations of the Secretary as to the Government of Iran for its state-spon- in the years since September 11, 2001. feasibility and advisability of utilizing pay- sored persecution of its Baha’i minor- (4) Part of the funding for the Department for-performance compensation mechanisms ity and its continued violation of the of Veterans Affairs for veterans health care in the provision of health care services by International Covenants on Human is allocated toward community-based out- the Department by means in addition to patient clinics (CBOCs). CBOCs. Rights. (5) A number of CBOCs are administered by S. RES. 165 private contractors. By Mr. NELSON (for himself, Mr. At the request of Mr. DURBIN, the (6) CBOCs administered by private contrac- GRASSLEY, Mr. ROCKEFELLER, tors operate on a capitated basis. name of the Senator from Oklahoma and Mr. ENZI): (7) Some current contracts for CBOCs may (Mr. INHOFE) was added as a cosponsor S. 1672. A bill to amend title XIX of of S. Res. 165, a resolution calling for create an incentive for contractors to enroll as many veterans as possible, without ensur- the Social Security Act to empower in- the release from prison of former ing timely access to high quality health care dividuals with disabilities to establish Prime Minister of Ukraine Yulia for such veterans. their own supplemental needs trusts; Tymoshenko in light of the recent Eu- (8) The top priorities for CBOCs should be to the Committee on Finance. ropean Court of Human Rights ruling. to provide quality health care and patient Mr. NELSON. Mr. President, I am S. RES. 251 satisfaction for America’s veterans. pleased to introduce the Special Needs (9) The Department of Veterans Affairs At the request of Mr. SESSIONS, the Trust Fairness Act with my friends, currently tracks the quality of patient care names of the Senator from Missouri through its Computerized Patient Record Senators GRASSLEY, ROCKEFELLER, and (Mr. BLUNT) and the Senator from System. However, fees paid to contractors ENZI. Our common-sense bill will cor- South Dakota (Mr. JOHNSON) were are not currently adjusted automatically to rect a fundamental flaw that prevents added as cosponsors of S. Res. 251, a reflect the quality of care provided to pa- individuals with disabilities from cre- resolution expressing the sense of the tients. ating their own trusts. This is a basic Senate that the United States Preven- (10) A pay-for-performance payment model right that should have never been over- tive Services Task Force should re- offers a promising approach to health care looked. evaluate its recommendations against delivery by aligning the payment of fees to November is Long-Term Care Aware- contractors with the achievement of better prostate-specific antigen-based screen- health outcomes for patients. ness Month, when hopefully many fam- ing for prostate cancer for men in all (11) The Department of Veterans Affairs ilies will discuss and decide how to best age groups in consultation with appro- should begin to emphasize pay-for-perform- plan for their retirement and their fu- priate specialists. ance in its contracts with CBOCs. ture health care needs. Unfortunately,

VerDate Mar 15 2010 01:59 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\CR\FM\A07NO6.016 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE S7930 CONGRESSIONAL RECORD — SENATE November 7, 2013 current law assumes people with dis- EASTER SEALS, a special needs trust. The Special Needs abilities lack the requisite capacity to OFFICE OF PUBLIC AFFAIRS, Trust Fairness Act of 2013 will remove the Washington, DC, October 31, 2013. current barriers that prevent an individual create such trusts for their long-term Hon. BILL NELSON, with disabilities from creating his or her care needs, so these individuals must Chairman, Special Committee on Aging, U.S. own special needs trust. turn to others to create such a trust. Senate, Dirksen Senate Office Building, NAELA is a professional association con- This creates an unnecessary and some- Washington, DC. sisting of more than 4,300 attorneys who ad- vocate for the rights of seniors and people times costly burden on the individual DEAR CHAIRMAN NELSON: Easter Seals is pleased to support your efforts to introduce with disabilities. Elder law attorneys are and additional caseloads in our over- the Special Needs Trust Fairness Act of 2013 specialized and trained in a variety of areas worked courts. in the United States Senate. This legislation in the law that address an individual’s long- term care needs. I also am pleased to have the support would empower individuals with disabilities to help plan and save for their future daily NAELA has made your legislation a top of the American Association of People living expenses by allowing them to set up a priority and stands ready to assist you in se- with Disabilities and Easter Seals as special needs trust for themselves, which is curing passage of the Fairness Act and elimi- well as the National Academy of Elder prevented under current law. nating this unjustified discrimination in the law. Law Attorneys, the Academy of Flor- Easter Seals is a national nonprofit organi- zation that provides individualized services Sincerely, ida Elder Law Attorneys, the Academy and supports to help people with disabilities PETER G. WACHT, CAE, of Special Needs Planners, and the or special needs and their families reach Executive Director. Florida Joint Public Policy Task Force their potential. Through our network of 72 HOWARD S. KROOKS, CELA, CAP, for the Elderly and Disabled. community-based affiliates, including the four that serve the state of Florida, Easter President. I urge my colleagues to support me Seals assisted more than 1.4 million individ- f in this legislation so that we can fi- uals and their families last year through SUBMITTED RESOLUTIONS nally correct this flaw. community-based services, including med- ical rehabilitation, employment, child care, Mr. President, I ask unanimous con- adult and senior services, caregiving, and sent that letters of support be printed camping and recreation. SENATE RESOLUTION 289—EX- PRESSING THE SENSE OF THE in the RECORD. Easter Seals understands how important access to quality services and long-term sup- SENATE THAT AMBUSH MAR- There being no objection, the mate- ports are for individuals with disabilities. KETING ADVERSELY AFFECTS rial was ordered to be printed in the One tool to help ensure individuals with dis- THE UNITED STATES OLYMPIC RECORD, as follows: abilities have access to these essential serv- AND PARALYMPIC TEAMS AND ices and support beyond what is available AMERICAN ASSOCIATION OF SHOULD BE DISCOURAGED through the government is through a special PEOPLE WITH DISABILITIES, needs trust. Currently, a special needs trust Mr. BEGICH (for himself and Mr. Washington, DC, October 31, 2013. can be created for a person with a disability BENNET) submitted the following reso- Hon. BILL NELSON, by family members, a guardian or the court. lution; which was referred to the Com- U.S. Senate, Senate Hart Office Building, Unfortunately, current law prevents people Washington, DC. mittee on Commerce, Science, and with disabilities from creating their own spe- Hon. CHARLES GRASSLEY, Transportation: cial needs trust for their asset, which can U.S. Senate, Senate Hart Office Building, S. RES. 289 later be used to supplement living expenses Washington, DC. and care when government benefits alone are Whereas the 2014 Olympic and Paralympic DEAR SENATOR NELSON AND SENATOR insufficient. This legislation would remove Games will occur on February 7 through February 23, 2014, and March 7 through GRASSLEY: I am pleased to support the Spe- this barrier, giving individuals with disabil- March 16, 2014, respectively, in Sochi, Russia; cial Needs Trust Fairness Act of 2013 (H.R. ities direct access to a current tool that can Whereas more than 5,500 athletes from 80 2123 in the House) on behalf of the American help them live independently and improve nations will compete in 7 Olympic sports and Association of People with Disabilities their health and well-being. Thank you for your leadership on this im- 1,350 Paralympic athletes will compete in 5 (AAPD). I commend your bipartisan effort to portant issue. Easter Seals looks forward to sports; empower people with disabilities by intro- working with you following your introduc- Whereas American athletes have spent ducing this legislation. The Special Needs tion of the Special Needs Trust Fairness Act countless days, months, and years training Trust Fairness Act will allow people with of 2013 to help ensure the legislation receives to earn a spot on the United States Olympic disabilities to set up a special needs trust for consideration and approval during the 113th or Paralympic teams; themselves. Congress. Whereas the Ted Stevens Olympic and Amateur Sports Act (36 U.S.C. 220501 et AAPD is the nation’s largest disability Sincerely, seq.)— rights organization. We promote equal op- KATY BEH NEAS, (1) established the United States Olym- portunity, economic power, independent liv- Senior Vice President, Government Relations. pic Committee as the coordinating body for ing and political participation for people all Olympic and Paralympic athletic activity with disabilities. Our members, including NATIONAL ACADEMY OF ELDER in the United States; people with disabilities and our family, LAW ATTORNEYS, INC., (2) gave the United States Olympic friends, and supporters, represent a powerful Vienna, VA, November 7, 2013. Committee the exclusive right in the United force for change. Hon. BILL NELSON, States to use the words ‘‘Olympic’’, ‘‘Olym- A special needs trust allows assets to be Senate Hart Office Building, piad’’, ‘‘Paralympic’’, and ‘‘Paralympiad’’, the emblem of the United States Olympic held in a trust and protects against the risk Washington, DC. DEAR SENATOR NELSON: We congratulate Committee, and the symbols of the Inter- of complete impoverishment. As you know, you for your leadership in protecting individ- national Olympic Committee and the Inter- due to a glitch in the current law, a capable, uals with disabilities from unjust and dis- national Paralympic Committee; and competent person with a disability is prohib- criminatory laws and we applaud your intro- (3) empowered the United States Olym- ited from creating her or his own special duction of the Special Needs Trust Fairness pic Committee to authorize sponsors that needs trust. We are in the position of having Act of 2013. As you know, currently under contribute to the United States Olympic or to ask a parent, grandparent, guardian, or the law, individuals with disabilities who Paralympic teams to use any trademark, the court to do so for us. This legislation not have the requisite mental capacity are pre- symbol, insignia, or emblem of the Inter- only eradicates this discrimination against vented from creating their own special needs national Olympic Committee, International people with disabilities, but also promotes trusts, which Congress has already author- Paralympic Committee, the Pan-American self-sufficiency and independence. ized. They must have a parent, grandparent, Sports Organization, or the United States guardian, or the court create their special Olympic Committee; Thank you for your leadership on this im- needs trust even though they have the men- Whereas Team USA is significantly funded portant issue. AAPD looks forward to work- tal capacity to do it themselves. by 31 sponsors who assure that the United ing with you on passage of the Special Needs As elder law attorneys, NAELA members’ States has the best Olympic teams possible; Trust Fairness Act of 2013. Please feel free to clients experience this injustice on a regular Whereas, in recent years, a number of enti- contact Colin Schwartz if you have any ques- basis. Not all individuals have a parent, ties in the United States have engaged in tions. grandparent or guardian who can create ambush marketing as a marketing strategy, Sincerely, their special needs trusts for them, and affiliating themselves with the Olympic and HENRY CLAYPOOL, many of these individuals are forced to peti- Paralympic Games without becoming spon- Executive Vice President. tion a court and pay additional fees to have sors of Team USA;

VerDate Mar 15 2010 01:05 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\CR\FM\A07NO6.022 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE November 7, 2013 CONGRESSIONAL RECORD — SENATE S7931 Whereas ambush marketing harms the COMMITTEE ON INDIAN AFFAIRS Product Safety, and Insurance of the United States Olympic and Paralympic Ms. CANTWELL. Mr. President, I Committee on Commerce, Science, and teams, undermines sponsorship activities, would like to announce that the Com- Transportation be authorized to meet and gives ambush marketers an unfair and mittee on Indian Affairs will meet dur- during the session of the Senate on No- unethical advantage over entities that offi- cially sponsor and provide funding for the ing the session of the Senate on Thurs- vember 7, 2013, at 10 a.m. in room 253 of elite athletes of the United States; and day, November 14, 2013, in room SD–628 the Russell Senate Office Building. Whereas efforts to prevent ambush mar- of the Dirksen Senate Office Building, The Committee will hold a hearing keting have enjoyed limited success as the at 2:30 p.m., to conduct an oversight entitled, ‘‘Demand Letters and Con- strategies used by ambush marketers con- hearing entitled ‘‘Contract Support sumer Protection: Examining Decep- tinue to multiply: Now, therefore, be it Costs and Sequestration: Fiscal Crisis tive Practices by Patent Assertion En- Resolved, That it is the sense of the Senate in Indian Country.’’ tities.’’ that— (1) ambush marketing adversely affects the Those wishing additional information The PRESIDING OFFICER. Without United States Olympic and Paralympic may contact the Indian Affairs Com- objection, it is so ordered. teams and their ability to attract and retain mittee at (202) 224–2251. SUBCOMMITTEE ON OVERSIGHT, FEDERAL the sponsorships necessary to be successful COMMITTEE ON INDIAN AFFAIRS RIGHTS, AND AGENCY ACTION at the 2014 Olympic and Paralympic Games Ms. CANTWELL. Mr. President, I Mr. HARKIN. Mr. President, I ask in Sochi, Russia; and would like to announce that the Com- unanimous consent that the Com- (2) entities in the United States should mittee on the Judiciary, Sub- cease all ambush marketing efforts related mittee on Indian Affairs will meet dur- to the United States Olympic and ing the session of the Senate on committee on Oversight, Federal Paralympic teams. Wednesday, November 20, 2013, in room Rights, and Agency Action, be author- ized to meet during the session of the f SD–628 of the Dirksen Senate Office Building, at 2:30 p.m., to conduct an Senate, on November 7, 2013, at 1:30 NOTICES OF HEARINGS oversight hearing to receive testimony p.m., in room SD–226 of the Dirksen COMMITTEE ON ENERGY AND NATURAL on ‘‘Carcieri: Bringing Certainty to Senate Office Building, to conduct a RESOURCES Trust Land Acquisitions.’’ hearing entitled ‘‘Justice Denied: Rules Mr. WYDEN. Mr. President, I would Those wishing additional information Delayed on Auto Safety and Mental like to announce for the information of may contact the Indian Affairs Com- Health.’’ the Senate and the public that a busi- mittee at (202) 224–2251. The PRESIDING OFFICER. Without ness meeting has been scheduled before f objection, it is so ordered. the Senate Committee on Energy and Natural Resources. This business meet- AUTHORITY FOR COMMITTEES TO f ing will be held on Thursday, Novem- MEET PRIVILEGES OF THE FLOOR ber 14, 2013 at 9:30 a.m., in room 366 of COMMITTEE ON ARMED SERVICES the Dirksen Senate Office Building, Mr. HARKIN. Mr. President, I ask Mr. HARKIN. Mr. President, I ask prior to the already scheduled nomina- unanimous consent that the Com- unanimous consent that Zachary tions hearing. mittee on Armed Services be author- Kachevas and Nicole DuBois, of my The purpose of the business meeting ized to meet during the session of the staff, be granted the privilege of the is to consider pending military land Senate on November 7, 2013, at 9:30 a.m. floor during the remainder of today’s withdrawal bills. The PRESIDING OFFICER. Without session. Because of the limited time available objection, it is so ordered. The PRESIDING OFFICER. Without for the hearing, witnesses may testify COMMITTEE ON BANKING, HOUSING, AND URBAN objection, it is so ordered. by invitation only. However, those AFFAIRS wishing to submit written testimony f Mr. HARKIN. Mr. President, I ask for the hearing record should send it to unanimous consent that the Com- the Committee on Energy and Natural FORTIETH ANNIVERSARY OF U.S. mittee on Banking, Housing, and Resources, United States Senate, TROOP WITHDRAWAL FROM Urban Affairs be authorized to meet Washington, DC 20510–6150, or by email VIETNAM during the session of the Senate on No- to [email protected] Mr. REID. Mr. President, I ask unan- vember 7, 2013, at 10 a.m., to conduct a .gov. imous consent that the Foreign Rela- hearing entitled ‘‘Housing Finance Re- For further information, please con- tions Committee be discharged from form: Essential Elements To Provide tact Sam Fowler at (202) 224–7571 or further consideration and the Senate Affordable Options for Housing.’’ Abigail Campbell at (202) 224–4905. now proceed to the consideration of S. The PRESIDING OFFICER. Without COMMITTEE ON INDIAN AFFAIRS Res. 280. objection, it is so ordered. Ms. CANTWELL. Mr. President, I The PRESIDING OFFICER. Without would like to announce that the Com- COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. RESOURCES mittee on Indian Affairs will meet dur- The clerk will report the resolution ing the session of the Senate on No- Mr. HARKIN. Mr. President, I ask by title. vember 14, 2013, in room SD–628 of the unanimous consent that the Com- The bill clerk read as follows: mittee on Energy and Natural Re- Dirksen Senate Office Building, at 2:30 A resolution (S. Res. 280) recognizing the p.m., to consider the following legisla- sources be authorized to meet during 40th anniversary of the withdrawal of United tion: S. 1352, A bill to reauthorize the the session of the Senate on November States combat troops from the Vietnam War Native American Housing Assistance 7, 2013, at 9:30 a.m., in room 366 of the and expressing renewed support for United and Self-Determination Act of 1996, and Dirksen Senate Office Building. States veterans of that conflict. for other purposes; S. 1448, A bill to The PRESIDING OFFICER. Without There being no objection, the Senate provide for equitable compensation to objection, it is so ordered. proceeded to consider the resolution. the Spokane Tribe of Indians of the COMMITTEE ON FOREIGN RELATIONS Mr. REID. Mr. President, I ask unan- Spokane Reservation for the use of Mr. HARKIN. Mr. President, I ask imous consent that the resolution be tribal land for the production of hydro- unanimous consent that the Com- agreed to, the preamble be agreed to, power by the Grand Coulee Dam, and mittee on Foreign Relations be author- and the motions to reconsider be laid for other purposes; and S. 434, A bill to ized to meet during the session of the upon the table. authorize and implement the water Senate on November 7, 2013, at 11 a.m. The PRESIDING OFFICER. Without rights compact among the Blackfeet The PRESIDING OFFICER. Without objection, it is so ordered. Tribe of the Blackfeet Indian Reserva- objection, it is so ordered. The resolution (S. Res. 280) was tion and the State of Montana, and for SUBCOMMITTEE ON CONSUMER PROTECTION, agreed to. other purposes. PRODUCT SAFETY, AND INSURANCE The preamble was agreed to. Those wishing additional information Mr. HARKIN. Mr. President, I ask (The resolution, with its preamble, is may contact the Indian Affairs Com- unanimous consent that the Sub- printed in the RECORD of October 31, mittee at (202) 224–2251. committee on Consumer Protection, 2013, under ‘‘Submitted Resolutions.’’)

VerDate Mar 15 2010 01:59 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\CR\FM\A07NO6.023 S07NOPT1 rfrederick on DSK6SPTVN1PROD with SENATE S7932 CONGRESSIONAL RECORD — SENATE November 7, 2013 MEASURE READ THE FIRST on the motion to invoke cloture on the GERALD A. NAUERT RAFAEL A. ORTIZ TIME—S. 1661 motion to proceed to H.R. 3204, the CAROL A. POLLIO pharmaceutical bill. KERSTIN B. RHINEHART Mr. REID. Mr. President, I am told JAMES P. ROBINSON that there is a bill at the desk due for The PRESIDING OFFICER. Without FRANKLIN H. SCHAEFER objection, it is so ordered. DOUGLAS B. SCHNEIDER its first reading. BENJAMIN L. SMITH The PRESIDING OFFICER. The f MATTHEW B. STUCK ALAN R. TUBBS clerk will report the title of the bill for PROGRAM FREDERICK WASCO the first time. FOREST A. WILLIS, JR. Mr. REID. There will be up to two THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT The bill clerk read as follows: TO THE GRADE INDICATED IN THE UNITED STATES A bill (S. 1661) to require the Secretary of rollcall votes on Tuesday, November 12, COAST GUARD UNDER TITLE 14, U.S.C., SECTION 271(E): State to offer rewards of up to $5,000,000 for beginning at 5:30 p.m. To be captain information regarding the attacks on the f WAYNE R. ARGUIN United States diplomatic mission at PAUL D. ARNETT Benghazi, Libya that began on September 11, ADJOURNMENT UNTIL 11:45 A.M. JERRY R. BARNES SCOTT A. BEAUREGARD 2012. TOMORROW DAVID F. BERLINER Mr. REID. Mr. President, I now ask GEORGE L. BOONE Mr. REID. Mr. President, if there is WILLIAM CARTER for a second reading, and in order to no further business to come before the ANTHONY J. CERAOLO place the bill on the calendar under the MICHAEL A. CLYBURN Senate, I ask unanimous consent that MICHAEL R. COCKLIN provisions of rule XIV, I object to my it adjourn under the previous order. LAURA D. COLLINS own request. SEAN M. CROSS There being no objection, the Senate, BRYAN E. DAILEY The PRESIDING OFFICER. Objec- at 6:15 p.m., adjourned until Friday, JOSEPH E. DEER tion is heard. The bill will be read for PAUL E. DITTMAN November 8, 2013, at 11:45 a.m. CHARLENE L. DOWNEY the second time on the next legislative BRYAN L. DURR f day. DAVID M. EHLERS THOMAS M. EMERICK NOMINATIONS BRIAN E. FIEDLER f GREGORY T. FULLER Executive nominations received by GEOFFREY P. GAGNIER SIGNING AUTHORITY the Senate: EDWARD J. GAYNOR MICHAEL W. GLANDER Mr. REID. Mr. President, I ask unan- CONSUMER PRODUCT SAFETY COMMISSION ERIC S. GLEASON imous consent that from Thursday, No- MARK D. GORDON JOSEPH P. MOHOROVIC, OF ILLINOIS, TO BE A COMMIS- SHANNAN D. GREENE vember 7, through Tuesday, November SIONER OF THE CONSUMER PRODUCT SAFETY COMMIS- THOMAS A. GRIFFITTS 12, the majority leader be authorized to SION FOR A TERM OF SEVEN YEARS FROM OCTOBER 27, DUSTIN E. HAMACHER 2012, VICE NANCY ANN NORD, TERM EXPIRED. BENJAMIN J. HAWKINS sign duly enrolled bills or joint resolu- DEPARTMENT OF THE INTERIOR JAMES A. HEALY tions. CHAD L. JACOBY JANICE MARION SCHNEIDER, OF NEW YORK, TO BE AN BRENDAN D. KELLY The PRESIDING OFFICER. Without ASSISTANT SECRETARY OF THE INTERIOR, VICE WILMA THOMAS H. KING objection, it is so ordered. A. LEWIS, RESIGNED. AMY E. KOVAC JOSEPH E. KRAMEK DEPARTMENT OF ENERGY f MICHAEL C. LONG ELLEN DUDLEY WILLIAMS, OF MARYLAND, TO BE DI- JUAN LOPEZ ORDERS FOR FRIDAY, NOVEMBER RECTOR OF THE ADVANCED RESEARCH PROJECTS AGEN- JOHN S. LUCE CY–ENERGY, DEPARTMENT OF ENERGY, VICE ARUN KIRSTEN R. MARTIN 8, 2013, AND TUESDAY, NOVEM- MAJUMDAR, RESIGNED. THOMAS W. MCDEVITT MALCOLM R. MCLELLAN BER 12, 2013 DEPARTMENT OF STATE DARRAN J. MCLENON JASON A. MERRIWEATHER Mr. REID. Mr. President, I ask unan- COLLEEN BRADLEY BELL, OF THE DISTRICT OF COLUM- JAMES B. MILLICAN imous consent that when the Senate BIA, TO BE AMBASSADOR EXTRAORDINARY AND PLENI- MICHAEL A. MULLEN POTENTIARY OF THE UNITED STATES OF AMERICA TO PATRICK J. MURPHY completes its business today, it ad- HUNGARY. KEVIN D. ODITT journ until 11:45 a.m. on Friday, No- JOSEPH WILLIAM WESTPHAL, OF NEW YORK, TO BE AM- STEVEN F. OSGOOD BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF KEITH A. OVERSTREET vember 8, 2013, for a pro forma session; THE UNITED STATES OF AMERICA TO THE KINGDOM OF DAVID L. PETTY that will be all we will do, with no SAUDI ARABIA. MICHAEL E. PLATT INTERNATIONAL MONETARY FUND DAVID W. RAMASSINI business conducted; and that following WILFORD R. REAMS the pro forma session, the Senate ad- JANET L. YELLEN, OF CALIFORNIA, TO BE UNITED FRANCISCO S. REGO STATES ALTERNATE GOVERNOR OF THE INTER- JOSHUA D. REYNOLDS journ until 2 p.m. on Tuesday, Novem- NATIONAL MONETARY FUND FOR A TERM OF FIVE KEVIN W. RIDDLE ber 12, 2013; that following the prayer YEARS, VICE BEN S. BERNANKE, TERM EXPIRED. MICHAEL T. RORSTAD ORIN E. RUSH and the pledge, the Journal of pro- DEPARTMENT OF ENERGY MATTHEW A. RYMER ceedings be approved to date, and the MADELYN R. CREEDON, OF INDIANA, TO BE PRINCIPAL ROSS L. SARGENT time for the two leaders be reserved for DEPUTY ADMINISTRATOR, NATIONAL NUCLEAR SECU- HARRY M. SCHMIDT RITY ADMINISTRATION, VICE NEILE L. MILLER, RE- JAMES W. SEEMAN their use later in the day; and that fol- SIGNED. EDWARD B. SHEPPARD WILLIAM G. SMITH lowing any leader remarks, the Senate IN THE AIR FORCE JOSEPH E. STAIER be in a period of morning business until GREGORY STANCLIK THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- BION B. STEWART 4:30 with Senators permitted to speak MENT TO THE GRADE INDICATED IN THE REGULAR AIR LAURA J. THOMPSON for up to 10 minutes each; that at 4:30 FORCE UNDER TITLE 10, U.S.C., SECTION 531: JOSEPH G. UZMANN To be lieutenant colonel ALDANTE VINCIGUERRA p.m., the Senate proceed to executive MATTHEW R. WALKER session to consider Calendar No. 346, SCOTT A. HABER THOMAS F. WALSH PAUL R. HLADON RICHARD J. WESTER the nomination of Cornelia Pillard to MATTHEW G. KESLER KEVIN E. WIRTH be U.S. Circuit Judge for the District YVES P. LEBLANC MICHAEL B. ZAMPERINI of Columbia, with the time until 5:30 IN THE COAST GUARD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES p.m. equally divided and controlled in THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COAST GUARD UNDER TITLE 14, U.S.C., SECTION 271(E): the usual form prior to a cloture vote TO THE GRADE INDICATED IN THE UNITED STATES To be commander on the nomination; further, that if clo- COAST GUARD RESERVE UNDER TITLE 10, U.S.C., SECTION 12203(A): STEVEN C. ACOSTA ture is invoked on the Pillard nomina- To be captain MICHAEL N. ADAMS tion, upon disposition of the nomina- JEREMY J. ANDERSON KENNETH J. ANDERSON BRADFORD E. APITZ tion, the Senate resume legislative ses- JAMES B. ANDREWS WALTER J. ARMSTRONG sion and the Senate proceed to vote on JAMES F. BLOW WILLIAM L. ARRITT ROBERT M. BRADY MATTHEW J. BAER the motion to invoke cloture on the BARON K. BROWN GRETCHEN M. BAILEY motion to proceed to H.R. 3204, the LISA M. CAMPBELL GREGORY R. BARBIAUX DANIEL W. CLARK PATRICK T. BARELLI Pharmaceutical Drug Compounding BRION J. FITZGERALD KEVIN M. BARRES bill; and finally, that if cloture is not JOHN M. HARTZELL IAN A. BASTEK STEVEN J. HILL JONATHAN J. BATES invoked on the Pillard nomination, the PETER D. KILLMER PAUL R. BEAVIS Senate immediately resume legislative JAMES S. LIVINGOOD BRENT R. BERGAN KYLE E. MAKI KRISTI L. BERTSTEIN session and the Senate proceed to vote FRANK V. MCCONNELL KEVIN C. BERRY

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JASON M. BIGGER IBRAHIM M. KHALIL JEFFREY M. VAJDA KATIE R. BLANCHARD MICHAEL E. KICKLIGHTER DANIEL R. WARREN AMY L. BLOYD JUSTIN A. KIMURA DONIS W. WATERS DIANNA L. BO CASSIE A. KITCHEN DOUGLAS G. WATSON MATTHEW A. BRADEN DIRK L. KRAUSE JAMES D. WEAVER JOHN B. BRADY MICHAEL S. KRAUSE EDWARD A. WIELAND MARC T. BRANDT BRIAN C. KRAUTLER ERIN E. WILLIAMS JASON A. BRENNELL JON M. KREISCHER TARIK L. WILLIAMS CHARLES J. BRIGHT THOMAS E. KUHAR AMY E. WIRTS RANDALL E. BROWN MARK I. KUPERMAN CHRISTOPHER G. WOLFE JONATHAN A. CARTER TAYLOR Q. LAM MARC A. ZLOMEK ANTHONY B. CAUDLE TIMOTHY R. LAVIER KIMBERLY B. CHESTEEN LYNDA C. LECRONE THE JUDICIARY MICHAEL A. CILENTI TIMOTHY J. LIST ROBIN S. ROSENBAUM, OF FLORIDA, TO BE UNITED HECTOR L. CINTRON, JR. JOHN H. LOVEJOY STATES CIRCUIT JUDGE FOR THE ELEVENTH CIRCUIT, JEFFREY S. CLARK LEANNE M. LUSK CHRISTOPHER F. COUTU EVELYN L. LYNN VICE ROSEMARY BARKETT, RESIGNED. THOMAS C. DARCY ERICA N. MACK JAMES D. PETERSON, OF WISCONSIN, TO BE UNITED CARMEN S. DEGEORGE JOSE D. MARTIS STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT FRANCIS J. DEL ROSSO BENJAMIN J. MAULE OF WISCONSIN, VICE JOHN C. SHABAZ, RETIRED. KELLY K. DENNING ALAN B. MCCABE NANCY J. ROSENSTENGEL, OF ILLINOIS, TO BE UNITED DAVID M. DUBAY LEON MCCLAIN JR STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT JOHN A. ELY TIMOTHY M. MCCLELLAN OF ILLINOIS, VICE G. PATRICK MURPHY, RETIRING. ANTHONY S. ERICKSON PAUL S. MCCONNELL RONNIE L. WHITE, OF MISSOURI, TO BE UNITED STATES BRIAN C. ERICKSON AARON R. MEADOWS–HILLS DISTRICT JUDGE FOR THE EASTERN DISTRICT OF MIS- SEAN C. FAHEY IVAN R. MENESES SOURI, VICE JEAN C. HAMILTON, RETIRED. JOSHUA W. FANT ZEITA MERCHANT DEPARTMENT OF JUSTICE JAMES T. FLANNERY JOSEPH E. MEUSE AURORA I. FLEMING JOSHUA P. MILLER KEVIN W. TECHAU, OF IOWA, TO BE UNITED STATES AT- FRANK L. FLOOD STEPHANIE A. MORRISON TORNEY FOR THE NORTHERN DISTRICT OF IOWA FOR AMY E. FLORENTINO DAVID B. MURRAY THE TERM OF FOUR YEARS, VICE STEPHANIE M. ROSE, KEVIN D. FLOYD BRYAN C. PAPE RESIGNED. JAMES G. FORGY ERIC D. PEACE PAUL E. FRANTZ ROBERT M. PEKARI MATTHEW J. FUNDERBURK JOSE A. PEREZ f GLENN J. GALMAN DOUGLAS C. PETRUSA BENJAMIN A. GATES KRISTIAN B. PICKRELL EDWARD P. GERAGHTY ERIC C. POPIEL WITHDRAWALS BENJAMIN M. GOLIGHTLY SCOTT B. POWERS MARK A. GRABOSKI CLINTON J. PRINDLE Executive message transmitted by TIMOTHY J. GRANT ARTHUR L. RAY JASON B. GUNNING TODD E. RAYBON the President to the Senate on Novem- MATTHEW W. HAMMOND VICTOR F. RIVERA KEITH T. HANLEY BRIAN W. ROBINSON ber 7, 2013 withdrawing from further SEAN P. HANNIGAN MARTHA A. RODRIGUEZ Senate consideration the following JOANNE N. HANSON BRUST B. ROETHLER KATRINA B. HARPER JERREL W. RUSSELL nominations: CHARLES W. HAWKINS ROBERT G. SALEMBIER AIR FORCE NOMINATION OF LT. GEN. SUSAN J. HELMS, EDWARD J. HERNAEZ MICHAEL R. SARNOWSKI TO BE LIEUTENANT GENERAL, WHICH WAS SENT TO THE WESLEY H. HESTER RICHARD M. SCOTT SENATE ON MARCH 19, 2013. ANGELA R. HOLBROOK FRED W. SEATON BEN S. BERNANKE, OF NEW JERSEY, TO BE UNITED TOBY L. HOLDRIDGE WILLIAM E. SEWARD STATES ALTERNATE GOVERNOR OF THE INTER- BRIAN P. HOPKINS MICHAEL R. SINCLAIR NATIONAL MONETARY FUND FOR A TERM OF FIVE TEDD B HUTLEY KEVIN J. SMITH YEARS, (REAPPOINTMENT), WHICH WAS SENT TO THE RANDY J. JENKINS BOWEN C. SPIEVACK SENATE ON APRIL 18, 2013. STARLING S. JINRIGHT BLAKE D. STOCKWELL THOMAS EDGAR WHEELER, OF THE DISTRICT OF CO- ANDREW S. JOCA JENNIFER A. STOCKWELL LUMBIA, TO BE A MEMBER OF THE FEDERAL COMMU- ERIC J. JONES VERONICA A. STREITMATTER NICATIONS COMMISSION FOR THE REMAINDER OF THE SCOTT B. JONES SHAD A. THOMAS TERM EXPIRING JUNE 30, 2013, VICE JULIUS ANDREA K. KATSENES PATRICK M. THOMPSON GENACHOWSKI, WHICH WAS SENT TO THE SENATE ON MICHAEL A. KEANE DEREK R. THORSRUD MAY 9, 2013.

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HIGHLIGHTS Senate passed S. 815, Employment Non-Discrimination Act, as amended. Senate Reid Amendment No. 2014 (to the language pro- Chamber Action posed to be stricken by the committee substitute), to Routine Proceedings, pages S7891–S7933 change the enactment date. Page S7894 Measures Introduced: Sixteen bills and one resolu- Reid motion to recommit the bill to the Com- tion were introduced, as follows: S. 1661–1676, and mittee on Health, Education, Labor, and Pensions S. Res. 289. Page S7927 with instructions to report back forthwith, Reid Measures Reported: Amendment No. 2016, to change the enactment date. Page S7894 S. 822, to protect crime victims’ rights, to elimi- nate the substantial backlog of DNA samples col- During consideration of this measure today, Senate lected from crime scenes and convicted offenders, to also took the following action: improve and expand the DNA testing capacity of Reid Amendment No. 2015 (to Amendment No. Federal, State, and local crime laboratories, to in- 2014), of a perfecting nature, fell when Reid crease research and development of new DNA test- Amendment No. 2014 was withdrawn. Page S7894 ing technologies, to develop new training programs Reid Amendment No. 2017 (to (the instructions regarding the collection and use of DNA evidence, of the motion to recommit) Amendment No. 2016), to provide post conviction testing of DNA evidence of a perfecting nature, fell when Reid Amendment to exonerate the innocent, to improve the perform- No. 2016 was withdrawn. Page S7894 ance of counsel in State capital cases, with amend- Reid Amendment No. 2018 (to Amendment No. ments. Page S7927 2017), of a perfecting nature, fell when Reid Amendment No. 2017 fell. Page S7894 Measures Passed: By 64 yeas to 34 nays (Vote No. 231), three-fifths Employment Non-Discrimination Act: By 64 of those Senators duly chosen and sworn, having yeas to 32 nays (Vote No. 232), Senate passed S. voted in the affirmative, Senate agreed to the motion 815, to prohibit employment discrimination on the to close further debate on the bill. Page S7902 basis of sexual orientation or gender identity, after agreeing to the committee amendment in the nature 40th Anniversary of Withdrawal of U.S. Com- of a substitute, and after taking action on the fol- bat Troops from Vietnam War: Committee on For- lowing amendments and motions proposed thereto: eign Relations was discharged from further consider- ation of S. Res. 280, recognizing the 40th anniver- Pages S7894–S7909 sary of the withdrawal of United States combat Rejected: troops from the Vietnam War and expressing re- By 43 yeas to 55 nays (Vote No. 230), Reid (for newed support for United States veterans of that Toomey/Flake) Amendment No. 2013, to strike the conflict, and the resolution was then agreed to. appropriate balance between protecting workers and protecting religious freedom. (A unanimous-consent Page S7931 agreement was reached providing that the amend- Measures Considered: ment, having failed to achieve 60 affirmative votes, Drug Quality and Security Act—Agreement: Sen- the amendment was not agreed to.) Page S7902 ate began consideration of the motion to proceed to Withdrawn: consideration of H.R. 3204, to amend the Federal Collins (for Reid) Amendment No. 2020 (to Food, Drug, and Cosmetic Act with respect to Amendment No. 2013), to change the enactment human drug compounding and drug supply chain date. Page S7894 security. Pages S7891–94, S7909–24 D1062

VerDate Mar 15 2010 01:42 Nov 08, 2013 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D07NO3.REC D07NOPT1 smartinez on DSK6TPTVN1PROD with DIGEST November 7, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D1063 A motion was entered to close further debate on Ellen Dudley Williams, of Maryland, to be Direc- the motion to proceed to consideration of the bill, tor of the Advanced Research Projects Agency-En- and, in accordance with the provisions of Rule XXII ergy, Department of Energy. of the Standing Rules of the Senate, and pursuant to Colleen Bradley Bell, of the District of Columbia, the unanimous-consent agreement of Thursday, No- to be Ambassador to Hungary. vember 7, 2013, a vote on cloture will occur upon Joseph William Westphal, of New York, to be disposition of the nomination of Cornelia T. L. Ambassador to the Kingdom of Saudi Arabia. Pillard, of the District of Columbia, to be United Janet L. Yellen, of California, to be United States States Circuit Judge for the District of Columbia Alternate Governor of the International Monetary Circuit, on Tuesday, November 12, 2013. Page S7932 Fund for a term of five years. A unanimous-consent agreement was reached pro- Madelyn R. Creedon, of Indiana, to be Principal viding that if cloture is invoked on the nomination Deputy Administrator, National Nuclear Security of Cornelia T. L. Pillard, upon disposition of the Administration. nomination, Senate resume consideration of the mo- Robin S. Rosenbaum, of Florida, to be United tion to proceed to consideration of the bill, and vote States Circuit Judge for the Eleventh Circuit. on the motion to invoke cloture on the motion to James D. Peterson, of Wisconsin, to be United proceed to consideration of the bill; and that if clo- States District Judge for the Western District of ture is not invoked on the nomination, Senate imme- Wisconsin. diately resume the motion to proceed to consider- Nancy J. Rosenstengel, of Illinois, to be United ation of the bill, and vote on the motion to invoke States District Judge for the Southern District of Il- cloture on the motion to proceed to consideration of linois. the bill. Page S7932 Ronnie L. White, of Missouri, to be United States Signing Authority—Agreement: A unanimous- District Judge for the Eastern District of Missouri. consent agreement was reached providing that from Kevin W. Techau, of Iowa, to be United States Thursday, November 7, 2013 through Tuesday, No- Attorney for the Northern District of Iowa for the vember 12, 2013, the Majority Leader be authorized term of four years. to sign duly enrolled bills or joint resolutions. Routine lists in the Air Force, and Coast Guard. Page S7932 Pages S7932–33 Pillard Nomination—Agreement: Senate began Nominations Withdrawn: Senate received notifica- consideration of the nomination of Cornelia T. L. tion of withdrawal of the following nominations: Pillard, of the District of Columbia, to be United Ben S. Bernanke, of New Jersey, to be United States Circuit Judge for the District of Columbia States Alternate Governor of the International Mone- Circuit. Page S7923 tary Fund for a term of five years, which was sent A motion was entered to close further debate on to the Senate on April 18, 2013. the nomination, and, in accordance with the provi- Thomas Edgar Wheeler, of the District of Colum- sions of Rule XXII of the Standing Rules of the bia, to be a Member of the Federal Communications Senate, and pursuant to the unanimous-consent Commission for the remainder of the term expiring agreement of Thursday, November 7, 2013, a vote June 30, 2013, which was sent to the Senate on May on cloture will occur at approximately 5:30 p.m., on 9, 2013. Tuesday, November 12, 2013. Page S7923 1 Air Force nomination in the rank of general. A unanimous-consent agreement was reached pro- Page S7933 viding that at 4:30 p.m., on Tuesday, November 12, Measures Read the First Time: Pages S7926, S7932 2013, Senate resume consideration of the nomina- Executive Communications: Pages S7926–27 tion, with the time until 5:30 p.m. equally divided and controlled in the usual form, prior to the vote Additional Cosponsors: Pages S7928–29 on the motion to invoke cloture on the nomination. Statements on Introduced Bills/Resolutions: Page S7932 Pages S7929–31 Nominations Received: Senate received the fol- Additional Statements: Pages S7925–26 lowing nominations: Notices of Hearings/Meetings: Page S7931 Joseph P. Mohorovic, of Illinois, to be a Commis- Authorities for Committees to Meet: Page S7931 sioner of the Consumer Product Safety Commission for a term of seven years from October 27, 2012. Privileges of the Floor: Page S7931 Janice Marion Schneider, of New York, to be an Record Votes: Three record votes were taken today. Assistant Secretary of the Interior. (Total—232) Pages S7902, S7907

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Adjournment: Senate convened at 10 a.m. and ad- The National Retail Federation; and Adam Mossoff, journed at 6:16 p.m., until 11:45 a.m. on Friday, George Mason University School of Law Center for November 8, 2013. (For Senate’s program, see the the Protection of Intellectual Property, Arlington, remarks of the Majority Leader in today’s Record on Virginia. page S7932.) COLUMBIA RIVER TREATY DRAFT Committee Meetings REGIONAL RECOMMENDATION Committee on Energy and Natural Resources: Committee (Committees not listed did not meet) concluded an oversight hearing to examine the Draft Regional Recommendation regarding the Columbia IMPACT OF SEQUESTRATION ON River Treaty, after receiving testimony from Briga- NATIONAL DEFENSE dier General John Kem, Commander, United States Committee on Armed Services: Committee concluded a Army Corps of Engineers, Northwestern Division, hearing to examine the impact of sequestration on Department of Defense, and Member, United States the national defense, after receiving testimony from Entity for the Columbia River Treaty, and Stephen General Raymond T. Odierno, Chief of Staff United Oliver, Vice President, Generation Asset Manage- States Army, Admiral Jonathan Greenert, United ment, Bonneville Power Administration, Department States Navy, Chief of Naval Operations, General of Energy, and Coordinator, United States Entity for James F. Amos, Commandant of the Marine Corps, the Columbia River Treaty; Joel Moffett, Columbia and General Mark A. Welsh III, Chief of Staff, River Inter-Tribal Fish Commission, Kristin Meira, United States Air Force, all of the Department of Pacific Northwest Waterways Association, and Greg- Defense. ory Haller, Pacific Rivers Council, all of Portland, HOUSING FINANCE REFORM Oregon; Thomas Karier, Northwest Power and Con- Committee on Banking, Housing, and Urban Affairs: servation Council, Spokane, Washington; George Committee concluded a hearing to examine housing Caan, Washington Public Utilities Districts Associa- finance reform, focusing on essential elements to pro- tion, Olympia; and Norm Semanko, Idaho Water vide affordable options for housing, including S. Users Association, Boise. 1217, to provide secondary mortgage market reform, NOMINATIONS after receiving testimony Hilary O. Shelton, Na- tional Association for the Advancement of Colored Committee on Foreign Relations: Committee concluded People (NAACP) Washington Bureau, St. Louis, a hearing to examine the nominations of Heather Missouri; Rick Judson, National Association of Anne Higginbottom, of the District of Columbia, to Home Builders, Charlotte, North Carolina; Sheila be Deputy Secretary for Management and Resources, Crowley, National Low Income Housing Coalition, Sarah Sewall, of Massachusetts, to be Under Secretary and Douglas Holtz-Eakin, American Action Forum, for Civilian Security, Democracy, and Human both of Arlington, Virginia; and Ethan Handelman, Rights, and Richard Stengel, of New York, to be National Housing Conference, Silver Spring, Mary- Under Secretary for Public Diplomacy, all of the De- land. partment of State, after the nominees testified and answered questions in their own behalf. PATENT ASSERTION ENTITIES Committee on Commerce, Science, and Transportation: Sub- AUTO SAFETY AND MENTAL HEALTH committee on Consumer Protection, Product Safety, Committee on the Judiciary: Subcommittee on Over- and Insurance concluded a hearing to examine patent sight, Federal Rights and Agency Action concluded assertion entities, focusing on demand letters and a hearing to examine rules delayed on auto safety consumer protection, after receiving testimony from and mental health, after receiving testimony from Nebraska Attorney General Jon Bruning, Lincoln; former Representative Patrick J. Kennedy; Thomas Jon Potter, Application Developers Alliance, Wash- O. McGarity, University of Texas School of Law, ington, D.C.; Mark Chandler, Cisco Systems, San Austin; Clarence M. Ditlow, Center for Auto Safety, Jose, California; Julie P. Samuels, Electronic Frontier Washington, D.C.; Cary Coglianese, University of Foundation, San Francisco, California; Lary Sinewitz, Pennsylvania Penn Program on Regulation, Philadel- BrandsMart USA, Hollywood, Florida, on behalf of phia; and Cathy Morelli, Southington, Connecticut.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11:45 a.m., Friday, November 8 2 p.m., Tuesday, November 12

Senate Chamber House Chamber Program for Friday: Senate will meet in a pro forma Program for Tuesday: To be announced. session.

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